Kitsumkalum Agreement-in-Principle
CHAPTER 14 - ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL
PROTECTION
Environmental Assessment
1.
Notwithstanding any decision made by Canada or British Columbia in respect of a Federal
Project or Provincial Project, no Federal Project or Provincial Project on Kitsumkalum Lands
will proceed without the consent of Kitsumkalum.
2.
Paragraph 1 will not apply in respect of the NTL Project.
3.
The Final Agreement will contain provisions that specify, notwithstanding paragraph 1, consent
of Kitsumkalum is not required in respect of a Federal Project or Provincial Project if an interest
in Kitsumkalum Lands required for the project has been expropriated, or if the Federal Project
or Provincial Project may be constructed under the existing Rights of Way granted under the
Final Agreement.
Kitsumkalum Participation in Federal Environmental Assessments
4.
If a proposed Federal Project is to be located within the Kitsumkalum Area or may reasonably
be expected to adversely affect Kitsumkalum Lands or Kitsumkalum Section 35 Rights, Canada
will ensure that Kitsumkalum is provided with timely notice of the Environmental Assessment
and information describing the Federal Project in sufficient detail to permit Kitsumkalum to
determine if it is interested in participating in the Environmental Assessment.
5.
If Kitsumkalum confirms it is interested in participating in the Environmental Assessment of the
Federal Project in accordance with paragraph 4:
a)
Canada will provide Kitsumkalum with an opportunity to comment on the
Environmental Assessment of the Federal Project, including:
i)
the scope of the assessment;
ii)
the environmental effects of the Federal Project;
iii)
any mitigation measures to be implemented; and
iv)
any follow-up programs to be implemented;
b)
Kitsumkalum will have access to information in Canada’s possession related to the
Environmental Assessment of the Federal Project in accordance with the public registry
provisions in the Canadian Environmental Assessment Act, 2012; and
c)
during the course of the Environmental Assessment under the Canadian Environmental
Assessment Act, 2012, Canada will give full and fair consideration to any comments
made under subparagraph 5(a) and will respond to the comments, prior to making a
decision that would have the effect of enabling the proposed Federal Project to be
carried out in whole or in part.
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