Kitsumkalum Agreement-in-Principle
CHAPTER 7 - FOREST RESOURCES
Forest Resources on Kitsumkalum Lands
1.
On the Effective Date, Kitsumkalum will own Forest Resources and Range Resources on
Kitsumkalum Lands.
2.
Kitsumkalum Lands will be treated as Private Lands for the purposes of Provincial Law in
respect of Forest Resources, Range Resources, Forest Practices and Range Practices.
3.
Kitsumkalum, as owner of Kitsumkalum Lands, will have exclusive authority to determine,
collect and administer any fees, rents, or other charges except taxes relating to the harvesting of
Forest Resources and Range Resources on Kitsumkalum Lands.
Law-Making
4.
The Kitsumkalum Government may make laws in respect of Forest Resources, Range
Resources, Forest Practices and Range Practices on Kitsumkalum Lands.
5.
Federal Law or Provincial Law prevails to the extent of a Conflict with Kitsumkalum Law
under paragraph 4.
Timber Marking and Scaling
6.
Nothing in the Final Agreement will confer authority on the Kitsumkalum Government to make
laws applicable to timber marks, timber marking and scaling.
7.
For greater certainty, Provincial Law in respect of timber marks, timber marking and scaling
will apply to timber harvested on Kitsumkalum Lands when transported off Kitsumkalum
Lands.
Manufacture and Export of Timber Resources
8.
Timber harvested from Kitsumkalum Lands will not be subject to any legal requirement under
Provincial Law for use or manufacturing in British Columbia.
9.
Kitsumkalum, or a person authorized by Kitsumkalum, may export Logs harvested from
Kitsumkalum Lands in accordance with Federal Law and federal policy.
Forest and Range Health
10.
Kitsumkalum is responsible for the control of insects, diseases, invasive plants, animals or
abiotic factors on Kitsumkalum Lands which may affect the health of Forest Resources on
Kitsumkalum Lands.
11.
If Canada or British Columbia becomes aware of insects, diseases, invasive plants, animals or
abiotic factors on Crown lands that may threaten the health of Forest Resources or Range
Resources on adjacent Kitsumkalum Lands, British Columbia or Canada, as the case may be,
will notify Kitsumkalum.
12.
If Kitsumkalum becomes aware of insects, diseases, invasive plants, animals or abiotic factors
on Kitsumkalum Lands that may threaten Forest Resources or Range Resources on adjacent
provincial or federal Crown lands, it will notify British Columbia or Canada, as the case may
be.
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