Kitsumkalum Agreement-in-Principle
Consultation Regarding Traffic Regulation
28.
Upon request of Kitsumkalum, British Columbia will Consult with Kitsumkalum with respect to
existing regulation by British Columbia of traffic and transportation on a Crown Corridor that is
adjacent to a settled area on Kitsumkalum Lands.
Access and Safety Regulation
29.
British Columbia will retain the authority to regulate all matters relating to:
a)
b)
the location and design of intersecting roads giving access to Crown Corridors from
Kitsumkalum Lands, including:
i)
regulating or requiring signs, signals, or other traffic control devices on Crown
Corridors;
ii)
regulating or requiring merging lanes, on ramps and off ramps; or
iii)
requiring contributions to the cost of the matters referred to in subparagraphs
29(a)(i) and 29(a)(ii); and
the height and location of structures on Kitsumkalum Lands immediately adjacent to
Crown Corridors, only to the extent reasonably required to protect the safety of the users
of Crown Corridors.
30.
Subject to provincial requirements, including those set out in paragraph 29, British Columbia
will not unreasonably deny Kitsumkalum access to a Provincial Road from Kitsumkalum Lands.
31.
British Columbia will provide Kitsumkalum with any licence, permit or approval required under
Provincial Law to join or intersect a Provincial Road with a Kitsumkalum Road if:
a)
the application for the required licence, permit or approval complies with Provincial
Law, including the payment of any prescribed fees; and
b)
the joining or intersecting Kitsumkalum Road complies with standards established under
Provincial Law for equivalent Provincial Roads.
32.
Subject to provisions of the Final Agreement, British Columbia will not zone or otherwise
regulate land use on Kitsumkalum Lands adjacent to Crown Corridors.
33.
Kitsumkalum will Consult with British Columbia on any access or public safety issue associated
with land use decisions relating to the development of Kitsumkalum Lands adjacent to Crown
Corridors.
Roads
34.
Kitsumkalum Roads will be administered, controlled and maintained by Kitsumkalum.
35.
In accordance with the Final Agreement, unless otherwise designated as private, Kitsumkalum
will allow public use of Kitsumkalum Roads.
Gravel
36.
Kitsumkalum will have reasonable access at no cost, other than the cost of extraction,
refinement and transportation, to sufficient quantities of gravel and related aggregate materials
from existing gravel on provincial Crown lands in the vicinity of Kitsumkalum Lands to fulfill
any obligations it may have to construct, maintain or repair roads or Rights of Way on
Kitsumkalum Lands.
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