British Columbia Order in Council — Order under Ministry of Lands, Parks and Housing The Minister is authorized to enter into a agreement, as described with the Yukon Department of Highways for the operation and maintenance of three existing gravel pits and the Mule Creek grader station in Tatshenshini-Alsek Park (O.C. 922/2001)

O.C. 922/2001

British Columbia — Orders in Council

Order in Council No 922 , Approved and Ordered OCT 1 8 2001 of Wate. , L an it Protection Mini PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Minister of Water, Land and Air Protection is authorized to enter into an agreement, substantially in the form attached, with the Yukon Department of Highways for the operation and maintenance of three existing grave! pits and the Mule Creek grader station in Tatshenshini-Alsek Park. Presiding Member of the Executive unit (This

part is fir administrative purposes only and is ;lot part of the Order) MELT Tracking # 01-50 Authority under which Order is made: Act and Section: Ministry of Lands. Parks and Housing Act,

Section 6 Other (specify): 6/5 2 /Zo o/ //2

Bike Col UMW BC Parks PARK USE PERMIT LAND USE/OCCUPANCY This Park Use Permit No. (the "Permit") is issued under the authority of the Park Act Tatshenshini-Alsek Park (the "Park") FROM: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the Minister responsible for the Park Act (the "Province") at the following address: Ministry of Water, Land and Air Protection Parks Division, Skeena District 3790 Alfred Avenue, Bag 5000 Smithers, B.C. VOJ 2N0 TO: Permittee's name: press F11 (the "Permittee") at the following address Permittee's Address; press F11 THE PROVINCE AND THE PERMITTEE AGREE AS FOLLOWS:

ARTICLE I - GRANT OF PERMIT • 1.01 The Province, on the terms and conditions of this Permit, grants to the Permittee permission to enter upon and use that pan of the Park (the "Permit Area") described, and for the purposes described, in the Management Plan Schedule.

ARTICLE II - DURATION 2.01 The duration of this Permit is for a term of Enter • years, months; Press Fll commencing on Commencement Date; press Fll (the "Commencement Date") and ending on Expiry Date: press Flt (the "Expiration Date"), unless cancelled. terminated or renewed in accordance with the terms and conditions of this Permit.

ARTICLE III - FINANCIAL 3.01 The Permittee must pay to the Province a fee (the "Permit Fee") of $ Permit Fee; Press Fl 1 (GST included if applicable) prior to Commencement Date and on each anniversary of the commencement date during the term of this Permit. 3.02 The Province may. by notice to the Permittee not less than 30 days prior to each anniversary of the Commencement Date, increase the Permit Fee to an amount solely determined by the Province at its discretion, and the Permittee must pay the increased amount. 3.03 The Permittee must pay interest to the Province on money payable by the Permittee and owing to the Province under this Permit. at the rate of interest prescribed by the Financial Administration Act in respect of money owing to the Province, which interest will be calculated from the date that the money becomes payable to the Province.

ARTICLE IV - INDEMNITY AND INSURANCE 111111111M■1■ 11•111011131111111W 4.01 The Permittee will indemnify and save harmless the Province, its servants, emplcees and agents against all losses, claims, damages, actions, costs and expenses that the Province, its servants, employees and agents may sustain, incur, suffer to be put to at any time arising, directly or indirectly, from any act or omission of the Permittee, its employees, agents, contractors and licensees under this Permit, except for any inability arising from any independent, negligent act of the Province. 4.02 The Permittee will, during the term of this Permit, provide, maintain and pay for insurance in such form and amounts and with such deductibles, if any, as prescribed in the Insurance Schedule.

Enter see Attached

Schedule or Not Required; Press Fll

ARTICLE V - TRANSFER 11.1111111M1M11■ 11■ 11 5 01 The Permittee must not assign, transfer, sublicence or grant any of the rights or privileges granted by this Permit without the prior written consent of, and on the terms and conditions determined by. t' -ie Province. 5.02 If the Permittee is a corporation then a change in the control (as that term is defined in subsection 1(4) of the Company Act) of the Permittee without the prior written consent of the Province is deemed to be a breach of

section 5.01. h \perm\arnn perm\common\fauville\pupslandUse.doc sp 7/30/01

ARTICLE VI - COVENANTS OF THE PERMITTEE 6.01 The Permittee must: (

a) pay the Permit Fee and other money payable under this Permit when due at the address of the Province first written above or at such place as the Province may specify from time to time: (

b) pay when due all taxes, levies, charges and assessments that relate to operations of the Permittee under this Permit; (

c) comply with all laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority in any way affecting the Permit Area, the Park, its use and occupation or the Permittee's operations under this Permit; (

d) advise its employees, contractors, licensees, and agents of the laws and regulations respecting provincial parks and recreation areas and the conditions of this Permit respecting conduct in the Permit Area; (

e) keep the Permit Area in a safe, clean and sanitary condition to the satisfaction of the Province and make safe, clean and sanitary any portion of the Permit Area that the Province may direct by notice in writing to the Permittee; (

f) remove from the Permit Area and the Park all garbage, debris and effluent resulting from its use of the Park and Permit Area under this Permit, except as otherwise permitted in the Management Plan Schedule; comply with all orders and directions made, verbally or in writing, by a park officer (as defined in the Park Act) relating to the Park, this Permit or the Permit Area; not construct, erect, place, repair, maintain or alter any building, fixture, equipment, structure or improvement in the Permit Area except as may be permitted by this Permit or with the prior written consent of the Province; take all reasonable precautions to prevent and suppress fires in the Permit Area; not interfere with free public access through, across and upon the Permit Area, unless otherwise specified in the Management Plan Schedule; not interfere with or disrupt the activities and operations of other permittee's or users in the Park; use and occupy the Permit Area only in accordance with the provisions of this Permit; not remove, destroy, damage, disturb or exploit any natural resource (as that term is defined in the Park Act) or any archaeological or cultural artifact found in or on the Permit Area except as may be permitted by this Permit, and only then in accordance with the Park Act and all other applicable laws; not commit or allow any wilful or voluntary waste, damage or destruction in or upon the Permit Area; pay for or repair, as determined by the Province, any damage caused to the property of the Province by the Permittee, its employees, agents, contractors, or licensees; upon the expiration, cancellation or termination of this Permit: (

i) peaceably quit and deliver up possession of the Permit Area to the Province, (ii) remove all chattels and improvements of the Permittee from the Permit Area within 30 days of the expiration, cancellation or sooner termination of this Permit, unless otherwise advised in writing, by the Province, (iii) deliver to the Province possession of all equipment, furnishings, fixtures, chattels and improvements owned by the Province in a state of good repair and working order, and (iv) restore the Permit Area to the satisfaction of the Province; arid to the extent necessary, this covenant will survive the expiration, cancellation or termination of this Permit; and tv \perm \amn perm \common \an-rept\oppsperm98LandUse doc neminag ia immw pi with all provisions of the schedules to this Permit.

ARTICLE VII - RIGHTS OF THE PROVING 7.01 The Province retains all rights in respect of the Park and Permit which are not expressly granted to the Permittee under this pE including, without limitation: (

a) the right at all times for the Province, its autho representatives, employees, and agents to have unimp access over and along all portions of the Permit Area ar inspect any portions of the Permit Area; (

b) the nght at all times to construct, repair, alter and ma) buildings. equipment, structures and improvements upon Permit Area; and (

c) the right to grant further rights in respect of the Park and Pi Area, provided that such rights do not unreasonably imp obstruct or compete with the rights of the Permittee under Permit.

ARTICLE VIII - NOTICE 111111■ 1•■••1111■ 8.01 Any notice required to be given by either party to the other wi deemed to be given if it is in writing and is delivered by han prepaid registered mail to the address first written above or any address that may be specified in writing by a party and a notice wi deemed to be delivered, if mailed, eight days after the time of me . except, in the case of a postal interruption, actual receipt is require 8.02 Notwithstanding

section 8.01, any written notice to be given by Province to the Permittee under this Permit will be effectively giver is posted in a conspicuous place on the Permit Area. 1111111111111110111■111■ 1•11MW

ARTICLE IX - RENEWAL 11111111■ 1111111MEW 9.01 Not later than 30 days prior to the Expiration Date, the Permittee r by notice in writing delivered to the Province, apply to the Province a renewal of this Permit. 9.02 Provided that the Permittee is not in default under this Permit subject to the terms of the Park Act, the Province may renew Permit upon the terms and conditions determined by the Province. 9.03 The Permittee acknowledges that nothing in this Permit obligates Province to renew this Permit and the Province's decision in respect is entirely within its discretion.

ARTICLE X - FINANCIAL GUARANTEE 10.01 The Permittee will, in accordance with the Financial Guara Schedule, deliver to the Province security for the performance by Permittee of all its obligations under this Permit. Enter See Attac

Schedule or Not Required; press Flt

ARTICLE XI - MISCELLANEOUS 11.01 This Permit may be inspected by the public at such times an such places as the Province may determine. 11.02 Time is of the essence in this Permit. 11.03 Nothing in this Permit will be considered to have been waived by Province unless such waiver is in writing. 11.04 Dunng the term of this Permit, the Permittee will be an indepen contractor and not the agent, employee or partner of the Province 11.05 Al; employees hired by the Permittee will remain at all times employees of the Permittee and not of the Province and Permittee will be solely responsible for the arrangement of reliefs subsrit.itions, pay, supervision, discipline, unemployment insura worker's compensation, leave and all other matters arising out of relationship of employer and employee. 11.06 The Province will not be liable for any loss, damage, cost or eve resulting from the destruction of or damage to the Permitl sp 7/30/01

property or a disruption of the Permittee's operations under this 12.02 In the event that the Permittee and the Province mutually agree in Permit which result from strikes, flooding or other acts of God, writing to terminate this Permit, the parties will be released and vandalism, or any other interference to the Permittee's operation or discharged from their obligations under this Permit, except as property. otherwise provided in this Permit.

ARTICLE XII - CANCELLATION 12.01 In the event that (

a) the Permittee defaults in the payment of the Permit Fee or other money payable under this Permit, and the default continues for 7 days after the giving of written notice of the default by the Province to the Permittee; (

b) the Permittee fails to perform or observe any of the terms or conditions of this Permit, otner than the payment of money, and the failure is not remedied within a period specified by the Province; (

c) the Permittee has willfully misrepresented information: (

I) on the application form which led to the granting of this Permit, or (ii) required to be provided under the terms and conditions of this Permit; (

d) the Permit Area is damaged or destroyed by any cause whatsoever; (

e) the Park is closed by the Province; (

f) the Permittee files a petition in bankruptcy, is adjudged bankrupt, is petitioned into bankruptcy, makes an assignment for the benefit of its creditors, becomes insolvent or takes the benefit or protection of any statute for bankrupt or insolvent debtors; (

g) any of the Permittee's assets is seized in execution from the Permit Area; (

h) the Permittee, its employees, agents, contractors or licensees performs any act which in the opinion of the Province, affects the good standing or reputation of the Park, or adversely affects any other permit holder or park user within the Park; the Province may cancel this Permit immediately by written notice to the Permittee. 12.03 The obligation of the Permittee (

a) to pay the Permit Fee and other money payable under this Permit; and (

b) to comply with Sections 4.01, 6.0 1.v), 6.01(

o) and 6.01(p); will survive the expiration, cancellation or termination of this Permit. 12.04 The Permittee will not be entitled to any compensation from the Province, in damages or otherwise, in respect of a cancellation or termination of this Permit.

ARTICLE XIII -

INTERPRETATION 13.01 In this Permit, unless the context otherwise requires, the singular inclAles the plural and the masculine includes the feminine, a corporation and body politic. 13.02 The captions and headings contained in the Permit are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions of this Permit. 13.03 In this Permit, a reference to an enactment of the Province of British Columbia or of Canada includes a reference to any subsequent enactment of like effect, and unless the context otherwise requires, all statutes referred to in this Permit are enactments of the Province of Brush Columbia. 13.04 If any part of this Permit is found to be illegal or unenforceable, that part will be considered separate and severable and the remaining parts will be enforceable to the fullest extent permitted by law. 13.05 If all or part of the Permit Area is in a recreation area established or continued under the Park Act, this Permit is deemed to be a resource use permit as that term is defined in the Park Act. 13.06 All schedules to this Permit form an integral par I this Permit.

IN WITNESS WHEREOF the parties have duly executed this Permit. SIGNED and DELIVERED on behalf of the Province by a duly authorized representative of the Province. SIGNED and DELIVERED on behalf of the Permittee for by an authorized signatory of the Permittee if a Corporation) Duly Authorized Representative Signature of Permittee or Authorized Signatory Date Date h \perm1amn_perrn\commonNan-rept\oppsperm98LandUse doc sp 7/30/01

MANAGEMENT PLAN

SCHEDULE PERMIT AREA DESCRIPTION The Permittee is authorized to enter the Permit Area described below and outlined in red on the attached map. Tatshenshini-Alsek Park • Five Mile Creek @78.4 km - D.L. 7117 and approximately 4.06 ha • Datlasaka Creek @ 119km - D.L. 7115 and approximately 34.9 ha • Mule Creek @ 116 km - D.L. 6626 and approximately 8.25 ha PURPOSE The Haines Highway borders Tatshenshini-Alsek Park and is the primary access to this park.

This Permit is issued to the Permittee for the purpose of removal of gravel, operation of the Mule Creek grader station and highways maintenance purposes only on that portion of the Haines Highway bordering this park. The maintenance of this highway is necessary to preserve or maintain the recreation values of Tatshenshini-Alsek Park. SPECIAL PROVISIONS 1. Province's Right of Access The Province shall have free access for purposes of gravel removal during the entire period of the gravel pit operation. 2.

Improvements/Structures The permittee shall not construct, erect or place any buildngs, structures or other improvements ol the Permit Area without prior consultation with the District Manager. 3. Garbage Removal All garbage, debris and effluent resulting from the uses under this permit shall be removed from the Park to the satisfaction of the District Manager. 4. Joint Annual Inspection The Permittee shall contact the District Manager to arrange for a joint annual inspection of the Permit Area. 5.

Vegetation Use The Permittee shall not trim, cut or remove any trees or forest vegetation except as approved by the District Manager, and all brush and debris resulting :om the clearing of any part of the said lands under the direction of the aforesaid shall be disposed of to the satisfaction of the district Manager. h 'pour) \amn perm\commort \an-rept \oppsperm98LandUse doc sp 7/30/01

6. Crushing or Paving Plants The Permittee shall not establish crushing or paving plants within the Permit Area, without prior consultation with the District Manager. 7. Rehabilitation Plan

a) Prior to the termination of the use aforesaid, the Permittee shall submit a rehabilitation plan to the Regional Director detailing proposed methods for

b) Permittee to review existing sites for construction of an earth berm to minimize the visual impacts in consultation with the District Manager. 8. No Future Rights The execution of this Permit does not guarantee any rights ir► future years. 9. Unauthorized Public Use The Permittee shall take all necessary precautions to prevent unauthorized public use of the Permit Area. 10.

Property Damage The Permittee shall pay for all damage caused by the Permittee, its servants, agents, clients, or licensees to the Property of the Province resulting from the exercise of its rights hereunder except in cases where the damage is caused by the negligence of the Province or its servants or agents, or where the cause of damage can be traced to a third party. 11.

Specific Conditions a)The Permittee shall review the existing size of each gravel reserve and determine the absolute minimum requirements in consultation with the District Manager. b)The Permittee shall clearly mark and maintain the boundaries of the gravel pit to the satisfaction of the District Manager.

c) Location and maintenance of all access roads are subject to the approval of the District Manager. d)All trees cut within the designated permit areas in excess of 15 cm diameter shall be bucked up into firewood (40 cm lengths) and piled in a site as designated by the District Manager. e)The Permittee shall maintain natural screening of the gravel pits to the satisfaction of the District Manager. 12. Public Facilities The Permittee shall develop and install public use facilities including ie. toilets a: up to (2) sites (Mule Creek/Chilkat Summit) at locations mutually agreed by the parties.

BC Parks may be prepared to assist with the supply of facilities. 13. Gravel Extraction Gravel extracted under the authority of this permit can only be used to enhance the BC portion of the Haines Road. h \perrn \amn_perm■common\an-rept\oppsperm98LandUse doc sp 7/30/01

. Any works done by Yukon Highways that extends beyond the Highway Right of Way must be authorized by BC Parks unless it is deemed an emergency. h \perm \amn_perm\common\an-reptoppsperni98LanclUse doc sp 7/30/01

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 922/2001
Type	order_in_council
Volume / chapter	arc oic 0922 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	0d094396c17f6ca64fed25d8f0e6cca5ec53715f

Source file is stored in the law ingest library (pdf).