British Columbia Order in Council — Order under Land Administration, control and benefit of described land transferred to Canada for the use and benefit of the Westbank First Nation (O.C. 184/2000)

O.C. 184/2000

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL 184 , Approved and Ordered FEB 17 2 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: 1. The administration, control and benefit of the lands described in

Schedule "A" of this order (the "Land") is, subject to Sections 2 and 3 of this order, transferred in perpetuity to Her Majesty the Queen in Right of Canada ("Canada"), for the use and benefit of the Westbank First Nation, a band within the meaning of the Indian Act (the "Band"), subject to the right of Canada to deal with the Land in accordance with applicable federal legislation, from time to time in force with respect to lands reserved for Indians. 2. The transfer is subject to the following terms, reservations and restrictions: (

a) Her Majesty the Queen in the Right of the Province of British Columbia (the "Province"), or any person acting for it, subject to paragraph 2(

c) shall have the right to resume any part of the Land which it may be deemed necessary to resume for making roads, canals, bridges, towing paths or other works of public utility or convenience, but not exceeding 1/20th part of the whole of the Land and no resumption shall be made of any land on which a building has been erected, or which may be in use as a garden or otherwise for the more convenient occupation of a building; (

b) any person authorized by the province, subject to paragraph 2(c), shall have the right to take and occupy water privileges and to have and enjoy rights of carrying water over, through or under any part of the Land, as may be reasonably required for mining or agricultural purposes in the vicinity of the Land, paying a reasonable compensation to Canada in trust for the use and benefit of the Band; (

c) the federal minister for the time being responsible for Indian Affairs shall be advised of any work contemplated under the preceding paragraphs and shall be furnished with plans showing the location of the work and a reasonable time shall be allowed for consideration of the plans and for any necessary adjustments or arrangements in connection with the proposed work; (

d) any person authorized by the province shall have the right to take from any part of the Land any gravel, sand, stone, lime, timber or other material which may be required in the construction, maintenance or repair of any road, ferry, bridge or other public works, paying to Canada in trust for the use and benefit of the Band a reasonable compensation for any material taken for use outside the boundaries of the Land; .../2 Order in Council No.

vironment, Lands and Parks 2 (

e) all travelled streets, roads, trails and other highways existing over or through the Land at the date this order comes into effect are excepted and reserved from this transfer; (

f) that Canada transfer the administration, control and benefit to the Province the land described in

Schedule "B" . 3. This order will come into effect on the date that the transfer of the administration and control of the Land is accepted by Canada under the Federal Real Property Act (Canada), and subject to the reservations and restrictions contained in this order. Presiding Member of the Executive Council • MELP Tracking # 99-103 (This

part is for administrative purposes only and is not part of the Order.) File: 0362673 Authority under which Order is made: Act and section: Land .4ct -

Section 31,

Chapter 245 RSBC 1996 Other (specify):

SCHEDULE "A" District Lot 5268, Osoyoos Division of Yale District, also shown hachured and designated as Parcel A on statutory right of way Plan H18095, deposited in the Kamloops Land Title Office, a copy of which is recorded in the Canada Lands Survey Records at Ottawa as Plan 69029, and containing an area of 2.079 hectares. The plan showing District Lot 5268 is recorded in the Canada Lands Survey Records as 83121.

District Lot 5269, Osoyoos Division of Yale District, also shown hachured and designated as Parcel B on Statutory Right of Way Plan H18095 deposited in the Kamloops Land Title Office, a copy of which is recorded in the Canada Lands Survey Records at Ottawa as Plan 69029, and containing an area of 0.1971 hectares. The plan showing District Lot 5269 is recorded in the Canada Lands Survey Records as 83121. Total area of lands to be transferred to Canada: 2.2761 hectares, more or less.

SCHEDULE "B" In the Province of British Columbia In Osoyoos Division of Yale District In Tsinstikeptum Indian Reserve No. 10 All those portions of Tsinstikeptum Indian Reserve No. 10, shown as Road outlined in black holding on C.L.S.R. Plan 83121 recorded in the Canada Lands Surveys Records at Ottawa, a copy of the said plan is deposited in the Land Title Office in Victoria as Plan H18095. Containing a total area of 1.164 hectares more or less.

INFORMATION El FILE DOCUMENT PAGE X 0 al C. 018 1-1 /(30 - AT -TOc Fin161■51-

(3) NOT AVAILABLE AT TIME OF FILMING. DOES NOT EXIST. Xi OVERSIZE Li PLAN POOR QUALITY NOT SUITABLE FOR FILMING, REFER TO: FiLcD 5c P 416-(-1 THE FOLLOWING DOCUMENT IS OF POOR QUALITY, ALSO RETAINED IN HARD COPY, REFER TO: PROVINCE OF B.C. DO NOT PHOTOCOPY/USE BLACK PEN. ARS 077 90 Jan.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 184/2000
Type	order_in_council
Volume / chapter	arc oic 0184 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	2fea9130d4ee93c374c09ae060554b55f652ff79

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