Kitsumkalum Agreement-in-Principle
Emergency Works
17.
Notwithstanding any other provision of the Final Agreement, British Columbia, a Local
Government, or a Public Utility may access Kitsumkalum Lands and undertake works and take
steps on Kitsumkalum Lands that are urgently required in order to repair or protect works
constructed on Crown Corridors or Rights of Way, or to protect individuals or vehicles using
Crown Corridors or Rights of Way.
18.
A person undertaking works under paragraph 17 will notify Kitsumkalum that it has undertaken
works on Kitsumkalum Lands.
Public Utilities
19.
Kitsumkalum will issue the Public Utility Rights of Way identified in Appendix C-2, as
provided for in paragraphs 24 to 35 of the Lands Chapter.
20.
With the prior written approval of Kitsumkalum, a Public Utility may extend or locate and
install new distribution works on Kitsumkalum Lands on substantially the same terms and
conditions as contained in Appendix C-5 where extended or new works are necessary to meet
demand for service on or off Kitsumkalum Lands.
21.
With the prior written approval of Kitsumkalum, a Public Utility may extend or locate and
install new transmission works on Kitsumkalum Lands on substantially the same terms and
conditions as contained in Appendix C-5 where extended or new transmission works are
necessary to meet demand for service on Kitsumkalum Lands.
22.
Kitsumkalum will not unreasonably withhold approval for works referred to in paragraphs 20 or
21.
23.
Nothing in paragraph 20 requires a Public Utility to obtain the approval of Kitsumkalum for
usual service extensions or connections to Public Utility works or to deliver and manage service
to customers of a Public Utility.
24.
Kitsumkalum Law will not apply to the regulation of the business of a Public Utility, nor the
planning, development, construction, repair, maintenance, operation or decommissioning of a
Public Utility’s authorized works.
25.
Without limiting the generality of paragraph 24, Kitsumkalum Law and Kitsumkalum’s use or
occupation of Kitsumkalum Lands will not impair or frustrate:
a)
a Public Utility’s authorized use or occupation of its Public Utility Rights of Way or the
Public Utility’s works located on its Public Utility Rights of Way; or
b)
a Public Utility’s authorized use or occupation of Kitsumkalum Lands or the Public
Utility’s works located on Kitsumkalum Lands.
26.
Without limiting paragraph 24, Kitsumkalum shall, upon notice by BC Hydro, which may
enforce this section in legal proceedings, indemnify BC Hydro from and against any cost or
liability arising or incurred as a result of BC Hydro complying with a Kitsumkalum Law that
regulates or purports to regulate BC Hydro's undertaking or works on Kitsumkalum Lands, to
the extent that such costs or liabilities are in excess of those that would have arisen or been
incurred under any existing applicable Federal Law or Provincial Law.
27.
Public Utility Rights of Way established after the Effective Date on or adjacent to Kitsumkalum
Lands will be subject to the provisions of the Final Agreement.
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