Kitsumkalum Agreement-in-Principle
35.
If, after the Effective Date, BC Hydro or Telus is requested by Kitsumkalum, to construct
facilities for the provision of electrical or telecommunications services on Kitsumkalum Lands,
Kitsumkalum will grant or issue to BC Hydro and Telus an interest for such facilities on terms
substantially the same as those to be set out in Appendix C-5 in the Final Agreement regarding a
Right of Way.
Replacement of Certificates of Possession
36.
On the Effective Date, Kitsumkalum will issue to each person named in Appendix C-1 to the
Final Agreement, an interest for the parcel of Kitsumkalum Lands ascribed to that person and
described in Appendix C-1 to the Final Agreement.
37.
A person to whom Kitsumkalum issues an interest in accordance with paragraph 36 has
substantially the same right to possess the described parcel of Kitsumkalum Lands as the person
had as the holder of the certificate of possession under the Indian Act, immediately before the
Effective Date, modified to reflect the law-making authority of the Kitsumkalum Government
over such lands and ownership of such lands by Kitsumkalum in accordance with the Final
Agreement.
Submerged Lands
38.
Subject to paragraph 42, Submerged Lands do not form part of Kitsumkalum Lands and nothing
in this Agreement affects British Columbia’s ownership of Submerged Lands.
39.
British Columbia will notify Kitsumkalum of any proposed disposition of an interest in, or use
or occupation of, Submerged Lands that are wholly contained within its Kitsumkalum Lands.
40.
British Columbia will not, in respect of Submerged Lands that are wholly contained within
Kitsumkalum Lands:
a)
grant an estate in fee simple;
b)
grant a lease that, with any rights of renewal, may exceed 25 years;
c)
transfer administration and control for a period that may exceed 25 years; or
d)
otherwise dispose of an interest in, or authorize the use or occupation of, Submerged
Lands if that disposition, use or occupation would adversely affect those Kitsumkalum
Lands or the applicable Kitsumkalum interests described in the Final Agreement,
without the consent of Kitsumkalum.
41.
Paragraphs 39 and 40 do not affect the riparian rights of the upland owners of Kitsumkalum
Lands adjacent to Submerged Lands.
42.
Submerged Lands which are part of Former Kitsumkalum Indian Reserves form part of the
Kitsumkalum Lands.
43.
No transfer of Submerged Lands to Kitsumkalum in accordance with the Final Agreement
includes the exclusive right to fish, property rights in fish or the right to allocate fish.
Accretions to First Nation Lands
44.
Kitsumkalum will own lawful accretions to Kitsumkalum Lands.
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