Kitsumkalum Agreement-in-Principle
18.
Kitsumkalum will take reasonable measures to notify the public of the terms and conditions
respecting public access to Kitsumkalum Public Lands.
Law-Making
19.
The Kitsumkalum Government may make laws regulating public access on Kitsumkalum Lands
for the purposes of:
a)
public safety;
b)
prevention of harvesting or extracting of resources owned by Kitsumkalum;
c)
prevention of nuisance or damage, including forest fire prevention; and
d)
protection of sensitive habitat.
20.
Kitsumkalum Law made under subparagraph 19.b) prevails to the extent of a Conflict with
Federal Law or Provincial Law.
21.
Federal Law or Provincial Law prevails to the extent of a Conflict with Kitsumkalum Law made
under subparagraphs 19.a) 19.c) and 19.d).
22.
The Kitsumkalum Government will notify British Columbia and Canada in respect of a
Kitsumkalum Law proposed by it that would significantly affect public access on Kitsumkalum
Public Lands.
Access to Kitsumkalum Lands
23.
Residents and interest holders on Kitsumkalum Lands will have access to their property and
ancillary interests, including access on Kitsumkalum Roads, subject to the terms and conditions
of their leases, permits and tenures.
24.
Agents, employees, contractors, and representatives of Canada, British Columbia, Local
Government, Public Utilities, Railways and NAV CANADA,or any other successor entity, and
members of the Canadian Armed Forces, or peace officers appointed under Federal Law or
Provincial Law, may, in accordance with Federal Law or Provincial Law, enter, cross and stay
temporarily on Kitsumkalum Lands at no cost to:
a)
deliver and manage programs and services;
b)
carry out inspections;
c)
enforce law;
d)
carry out the terms of the Final Agreement;
e)
respond to emergencies and natural disasters; and
f)
carry out other duties under Federal Law and Provincial Law.
25.
The Final Agreement will not affect the ability of persons acting in an official capacity pursuant
to lawful authority to have access to Kitsumkalum Lands.
26.
The Final Agreement will not limit the authority of Canada or the Minister of National Defence
to carry out activities related to national defence and security on Kitsumkalum Lands, without
payment of any fees or other charges to Kitsumkalum except as provided for under Federal
Law.
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