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 Kitsumkalum Indian Band (O.C. 185/2000)

O.C. 185/2000

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. — 183 , Approved and Ordered FEB 17 2000 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 Kitsumkalum Indian Band, 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 lands 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 lands, as may be reasonably required for mining or agricultural purposes in the vicinity of the lands, 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 lands 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 lands; .../2

ronment, Lands and Parks 2 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 MF1i Tracking # 99-87 (This

part is for administrative purposes only and is not part of the Order.) File: 0361747 Authority under which Order is made: Act and section: Land Act,

Section 31,

Chapter 245 RSBC 1996 Other (specify): 1932.19c/il 3

SCHEDULE "A" Firstly: All those portions of road right of way within Kitsumkaylum Indian Reserve No. 1, Range 5, Coast District in the Province of British Columbia which said portions are all those portions of right of way shown on plan RD 3293 recorded in the Canada Lands Surveys Records at Ottawa, a copy of which is deposited in the Land Title Office at Prince Rupert as plan 3103, which said portions lie northerly of the right of way shown on plan 8367 deposited in the Land Title Office at Prince Rupert, a copy of which is recorded in the said Canada Lands Surveys Records as Plan 60728.

The said portions are shown as parcels 1 to 4 inclusive on the said Plan 8367 and contain 3.55 hectares (8.78 acres) more or less. Parcels 1 to 4 inclusive are known as District Lots 8078, 8079, 8080 and 8081, Range 5, Coast District in the Province of British Columbia as shown on Plan 13T1829 filed at Crown Land Registry Services in Victoria.

Secondly: All that portion of Zimagord Indian Reserve No. 3, Range 5, Coast District in the Province of British Columbia which said portion is shown as Old Highway No. 16 on a plan of survey deposited in the Land Title Office at Prince Rupert as Plan 8347, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 60713. The said portion contains 0.655 hectares (1.62 acres) more or less. The said portion of Old Highway No. I 6 is known as District Lot 8077, Range 5, Coast District in the Province of British Columbia as shown on Plan 12T1829 filed at Crown Land Registry Services in Victoria.

Schedule A TRIPAR IA E SETTLEMENT AGREEMENT THIS AGREEMENT dated for reference the 10th day of February, 1995. BETWEEN. HER MAJESTY IN RIGHT OF CANADA ("Canada") represented by the Minister of Indian Affairs and Northern Development AND: KITSUMICALUM INDIAN BAND and the members of the Kitsumkalum Indian Band (the "Band") represented by its council AND: HER MAJESTY IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA (the "Province") represented by the Minister of Transportation and Highways

WHEREAS: A. Between 1909 and 1914, the Grand Trunk Pacific Railway constructed a railway through Kitsumkalum Reserve No. 1 and Zimagord Reserve No. 3 held for the benefit of the Band; B. In 1942, the federal government built a road between Terrace and Prince Rupert pursuant to the War Measures Act that crossed Kitsumkalum Reserve No. 1 and Zimagord Reserve No. 3; C. Around 1970, the road was widened and rerouted by the Department of Highways of the Province and a portion of the highway on Zimagord Reserve No. 3 was abandoned; h v`-

KITSUKKALUM BAND TRIPARTITE SETTLEMENT AGREEMENT - Page 2- D. In 1948, a plan of survey of the highway right-of-way on Zimagord Reserve No. 3 was prepared by the Department of Highways of the Province indicating that 6.9 acres were taken. This survey appears to have never been deposited at the Land Titles Office in Prince Rupert. On the basis of this plan of survey, the abandoned portion of the highway right-of-way would be 4.39 acres approximately; E.

A plan of survey which was deposited in the Land Titles Office in Prince Rupert as plan 8347 shows the highway right-of-way on Zimagord Reserve No. 3 and indicates that the abandoned portion of the highway right-of-way contains 1.62 acres approximately; F. Pursuant to Canada's Specific Claims Policy, the Band submitted in 1984 a claim in respect of the taking for railway purposes between 1909 and 1914 and a claim in respect of the taking for highway purposes in 1942 and around 1970 on the Kitsurnkmlum Reserve No. 1 and Zimagord Reserve No. 3; G.

In 1991, Canada, without admitting any facts or liability for the Claims, accepted the Claims for negotiation under Canada's Specific Claims Policy; H. The Province, without admitting any facts or accepting any liability to the Band or Canada, agreed to negotiate with the Band payment for the Highway Claim; I. The Province paid the sums of $3,500 and $7,000 in 1972 to Canada for the Band, and performed certain works, which the Province intended as full and final compensation for the old highway and the new highway and requested an order-in-council from Canada for the new highway lands, for highway purposes; J.

The position of the Band is that it has never accepted the payment and works by the Province as completely satisfactory; K. The Province has requested that the Band agree to expand the purposes in the order-in- council to permit uses the nv highwa 1 ds "for highway purposes and other works of public utility"; .

KITSUMKALUNI BAND TREPAN= SETTLEMENT AGREEMENT - Page 3- L. The Band has agreed to the expanded use of the new highway right-of-way "for works of public utility" for the additional compensation provided in this Agreement. M. Canada, the Band and the Province agree that this Agreement is entered into in full and final settlement of all claims, actions, causes of actions, suits and demands the Band may have had or may have now or in the future against Canada or the Province in respect of, or arising from, the Highway Claim; N.

Canada and the Band agree that this Agreement is entered into in full and final settlement of all claims, actions, causes of actions, suits and demands the Band may have had or may have now or in the future against Canada in respect of, or arising from, the Railway Claim; 0. Canada and the Province have negotiated this Agreement with the intent that this Agreement will be, and Canada and the Province are agreed that this Agreement is, entered into to give a full and final release by the Province to Canada and by Canada to the Province regarding the Highway Claim; P.

By Ratification Vote, the Band has approved the terms and conditions of this Agreement and authorized the council of the Band to sign this Agreement and related or subsequent documents; Q. Canada, the Band and the Province agree that this Agreement will be implemented in accordance with the terms and conditions set out in this Agreement. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN TELLS AGREEMENT, CANADA, THE BAND AND THE PROVINCE AGREE AS FOLLOWS: DEFLNTTIONS 1. In this Agreement: (a) 'Agreement" means this settlement agreement including the attached schedules appendices;

(

b) KITSUMKALUM BAND TRIPARTITE SETTLEMENT AGREEWENT - Page 4- (b) "Band council resolution" means a written resolution of the council of the Band, adopted and duly executed at a duly convened meeting of the council of the Band; (c) "Claims", in relation to Canada, means both the Highway Claim and the Railway Claim; (d) "CNR Lands" means any and all lands within the right-of-way held by CNR which are the subject matter of the Railway Claim;. (e) "Disused Highway Lands" means the lands legally described as follows: (

i) All those portions of road right-of-way within Kitsumkaylum Indian Reserve Number 1, Range 5 Cast District in the Province of British Columbia which said portions are all those portions of the right-of-way shown on plan RD3293 recorded in the Canada Lands Surveys Records at Ottawa (a copy of which is recorded in the Land Titles office at Prince Rupert as plan 3103) which said portions lie northerly of the right-of-way shown on plan 8367 recorded in the said Prince Rupert land tides office (a copy of which is recorded in the said Canada Lands Surveys Records as 60728).

The said portions are shown as parcels 1 to 4 inclusive on the said plan 8367 and contain 8.78 acres (3.55 hectares) more or less. All that portion of Zimagord Indian Reserve Number 3, Range 5 Coast District, in the Province of British Columbia, which said portion is shown as Old Highway No. 16 on a plan of survey deposited in the Land Titles Office in Prince Rupert as plan 8347, a copy of which is recorded in the Canada Lands Surveys Records in Ottawa as plan 60713. The said portion contains 1.62 acres approximately.

"Effective Date" means the later of the dates on which this Agreement is executed by the council of the Band, the Province and Canada; "1-Eghway Claim" means any and all claims which the Band has with respect to the construction or existence of the highway, including but not limited to the Band's specific claim submission made to the Minister of Indian Affairs and Northern Development in 1984 for and on behalf of the Band in relation to the taking for highway purposes in 1942 and around 1970 in Kitsumkalum Reserve No. 1 and Zimagord Reserve No. 3 under Canada's Specific Claims Policy, and all the documents referred to and submitted in support of the submission , as well as all the documents compiled by the Specific Claims Branch in relation to this submission; 'Indian Act' means the Indian Act, R.S.C. 1985, c. 1-5 as amended or replaced,

KITSUNIKALUM BAND TRIPARTITE SETTLEMENT AGREEMENT - Past 5- and its regulations as amended or replaced as of the reference date of this Agreement; (i) 'Information Meeting" means the information meeting held in accordance with the Voting Guidelines; (j) "Person" means any proprietor, corporation, partnership, trust, joint venture, unincorporated organization, Indian band, union, governmental body, or individual including, without limitation, any member or eligible member of the Band, and each of their respective heirs, descendants, legal representatives, successors and assigns; (k) 'Proposed Lands' means a rectangular parcel of 100 acres of Provincial Crown land, more or less, located immediately west of Kitsumkalum Reserve No. 2 bounded on the north by the westerly extension of the north boundary of Kitsumkalum Reserve No. 2, on the south by the westerly extension of the south boundary of Kitsumkalum No. 2, and on the east by the east boundary of Kitsumkalum Reserve No. 2, subject to the approval of the Lands division of the Ministry of Environment, Lands, and Parks and the Ministry of Forests'; (1) "Railway Claim" means the Band's specific claim submission made to the Minister of Indian Affairs and Northern Development in 1984 for and on behalf of the Band in relation to the taking for railway purposes between 1909 and 1914 in Kitsumkalum Reserve No. 1 and Z:unagord Reserve No. 3 under Canada's Specific Claims Policy, and all the documents referred to and submitted in support of the submission as well as all the documents compiled by the Specific Claims Branch in relation to the submission; (rn) 'Ratification Vote" means a vote by the Voters on the Ballot Question following the Voting Guidelines; (n) 'Revenue Account" means an account so titled maintained by the Department for the Band; (o) 'Voter" means a member of the Band who is 18 years of age or older on the Voting Day ; (P) 'Voting Day' means the day set for holding the Ratification Vote but does not include the day of any advance vote; and

KITSUMKALUM BAND TRIPARTITE SETTLEMENT AGREEMENT - Page 6- (q) "Voting Guidelines" means the ratification voting guidelines attached as

Schedule "3". 2. Any words defined in the Voting Guidelines will have the same meaning in this Agreement, except as otherwise indicated. 3. Any words used in this Agreement which are defined in the Indian Act will have the same meaning as they have in the Indian Act. SCHEDULES 4. The following schedules are attached to this Agreement:

Schedule "1" Band Council Resolution to: ZI• Sr S ac.1". J (

a) request theme to call for a Ratification Vote; 3 (

b) request the Director of Specific Claims West to designate a Ratification Officer and order that the Ratification Vote be taken by secret ballot; and (

c) recommend the acceptance of the Agreement to the members of the Band.

Schedule "2" Ballot Question

Schedule "3" Voting Guidelines COMPENSATION BY CANADA 5. Canada agrees to pay to the Band and the Band agrees to accept, subject to the terms and conditions set out in this Agreement, as compensation for the Claims the sum of $1,657,000 (the "compensation") consisting of the following: (a) $1,500,000 in full and final settlement of the Claims; and (b) $157,000 for research, preparation, negotiation, settlement, ratification, legal and any other costs related to the Claims, this Agreement and any felacd and

HTTSUA IXALUM BAND TRIPARTITE SETTLEMENT AGREEMENT - Page 7- subsequent documents. 6. The Band authorizes and directs Canada to pay the compensation as follows: (a) $1,529,908 into the Revenue Account of the Band; and (b) $127,092 to Canada to set-off the Band's outstanding loan from Canada for loans granted by Canada to the Band for the purposes of negotiating the settlement of the Claims. 7. The compensation will be expended only for the common use and benefit of the Band. COMPENSATION BY THE PROVINCE 8.

The Province agrees to recommend to the Lieutenant Governor in Council that an order- in-council be passed to transfer the administration and control of the Proposed Lands to Canada, without any charges whatsoever levied by the Province to Canada, for the use and benefit of the Band. 8A. The Band agrees that, if and when it cuts and sells any timber on the Proposed Lands, it will pay to the Province an amount equal to 50% of the then prevailing Provincial stumpage rate calculated on the timber that it actually cuts and sells. 9.

The Province agrees to transfer to Canada, without any charges whatsoever levied by the Province to Canada, the administration and control, if any, which the Province has in and to the Disused Highway Lands. 10. The Province has restored to a reasonable standard the Kitsumkalum graveyard, which was partially destroyed as a result of the road construction and, in addition, has located the grave site of the person believed to be buried under the highway and has respectfully re-intered the remains; the Band acknowledges that the Province has fulfilled its commitment in that respect pursuant to this Agreement. 11.

The Province has cleared and upgraded the emergency evacuation road, including culverts; the Band acknowledges that the Province has fulfilled its commitment in that respect pursuant to this Agreement. 12.

The Province agrees to permit, subject to the standards, including safety standards, of the Ministry of Transportation and Highways of the Province, accesses for the Band to its reserve lands including accesses on the north side of Kitsumkalum Reserve No. 1 for a proposed service station or other similar development and access on the south side of the right-of-way of what is currently known as Highway 16 for access- • • lands within Kitsumkalum Reserve No. 1 along the Skeena Riv / -MC

ICTISUMBALUM BAND TRIPARTITE SETTLEMENT AGREEMENT - Page 8- 13. The Province agrees to pay to the Band and the Band agrees to accept, subject to the terms and conditions set out in this Agreement, the sum of $60,000 which the Band intends to apply to mitigation of health and safety issues indirectly resulting from the highway. 14. The Band and Canada acknowledge that the Province has paid the sums of $3,500 and $7,000 in 1972 to Canada for the use and benefit of the Band, and that such sums form part of the compensation by the Province under this Agreement. ORDER-IN-COUNCIL 15.

The Band acknowledges that in consideration of the terms and conditions of this Agreement, the Minister of Indian Affairs and Northern Development will recommend that the Governor in Council, pursuant to

section 35 of the Indian Act, consent to the taking by the Province, for highway purposes or other works of public utility of the lands located on the Kitsumkalum Reserve No. 1 described as: All those portions of Kitsumkaylum Indian Reserve Number 1, Range S Coast District in the Province of British Columbia which said portions are shown as Highway Right-of-way on a plan of survey recorded in the Canada Lands Surveys Records at Ottawa as plan 60728, a copy of which said plan is deposited in the Land Titles Office at Prince Rupert, British Columbia as plan 8367; Saving and excepting thereout and therefrom: Firstly that portion of the said highway right of way within the old highway right of way shown on plan 3293 recorded in the said Canada Lands Surveys Records, and a copy of which said plan is deposited in the said Land titles office as plan 3103; Secondly that portion of the said highway right of way within the beds of the Skeen and Kitsumkaylum Rivers; Thirdly that portion of the said highway right of way within the Railway right of way shown on plan RR885A recorded in the said Cianatia Lands Surveys Records and a copy of which said plan is deposited in the said Land titles office as plan 1174. and authorize the transfer of the administration and control of these lands to the Province for as long as the said lands are required for highway purposes or other works of public utility. 16.

The Band acknowledges that in consideration of the terms and conditions of this Agreement, the Minister of Indian Affairs and Northern Development will mmend

ETSUMKALUM BANE TRIPARTITE SETTLEMENT AGREEMENI - Page 9. that the Governor in Council, pursuant to

section 35 of the Indian Act, amend order-in- council P.C. 1978-2469 to consent to the taking by the Province of the lands referred tc in that order-in-council for other works of public utility in addition to for highway purposes and to authorize the transfer of administration and control of these lands to the Province for as long as the said lands are required for other works of public utility in addition to for highway purposes. ADDITION TO RESERVE 17.

The Minister of Indian Affairs and Northern Development agrees to recommend to the Governor in Council that the Proposed Lands be set apart by Canada as an addition tc Kitsumkalum Reserve No. 2 and that the Disused Highway Lands be set apart by Canada as an addition to Kitsumkalum Reserve No. 1 and Zimagord Reserve No. 3 for the use and benefit of the Band, provided that the setting apart of the Proposed Lands and the Disused Highway Lands as reserve is in accordance with Canada's policy respecting reserve lands and, in particular, Canada's policy regarding additions to reserves contained in

Chapter 9 of "Land Management and Procedures Manual" ("Additions tc Reserve Policy") of the Department, as it currently exists. 18. The Province consents to the addition of the Proposed Lands and the Disused Highway Lands to the reserve lands set apart for the use and benefit of the Band and agrees tc reasonably cooperate with the Band in its application to Canada to have the lands se: apart as reserve.

The Province will reasonably cooperate with the Band in the executior of any further documentation required by Canada evidencing the consent by the Province to the addition of the Proposed Lands and the Disused Highway Lands to the reserve lands. 19.

The Minister of Indian Affairs and Northern Development also agrees to recommend te the Governor in Council that the CNR Lands which CNR may in the future agree u transfer to Canada be set apart by Canada as an addition to the reserve lands of the Ban( for the use and benefit of the Band provided that the setting apart of those lands a reserve is in accordance with Canada's policy respecting reserve lands and, in particular Canada's policy regarding additions to reserves contained in

Chapter 9 of 'Lang Management and Procedures Manual" ('Additions to Reserve Policy') of th Department, as it currently exists. 20. The Band agrees that it will provide full disclosure of all information in its possessio relating to the Proposed Lands, the Disused Highway Lands and, if applicable, the CN1 Lands and that it will permit access to the Proposed Lands, the Disused Highway Land

1 I I 1 111 i KITSUMXALUN TRIPAR1TTE SETTLEMENT AGREE -1 and, if applicable, the CNR Lands for the purpose of the environmental asse requested by the Minister. 21. The Band agrees that the addition to reserve transaction, with the exception environmental assessment, will be at no cost to Canada and that the Band shall all costs relating to: (

a) all matters associated with the proposed setting apart as reserve of the Pr Lands, the Disused Highway Lands and, if applicable, the CNR Lands inc: without limitation, surveys, conveyancing, clearing title, if required, rem encroachments or encumbrances, if any, searches, on site inspections, gr maintenance or operation, and any costs associated with the transfer of setting apart of the Proposed Lands, the Disused Highway Lands and, if app] the CNR Lands as reserve; and (

b) capital infrastructure, including, without limitation, the construction, rep maintenance of roads, sewer and water systems, telephone or hydro-i projects, including all operating and associated costs relating to such infrastructure, arising out of the setting apart or use by the Band of the Pr Lands, the Disused Highway Lands and, if applicable, the CNR Lands. 22. The Province agrees to pay the costs of the surveys of the Proposed Lands Disused Highway Lands, if required. 23.

For further certainty, Canada has already paid the costs of the environmental assn and Canada is not obliged to pay any costs related to the cleaning of the Proposed the Disused Highway Lands and, if applicable, the CNR Lands, the compliance , Additions to Reserve Policy, the setting apart of the Proposed Lands, the Highway Lands and, if applicable, the CR1, Lands as reserve and the use and occ of the Proposed Lands, the Disused Highway Lands and, if applicable, the CR1 as reserve. 24.

Nothing arising from paragraphs 21 and 23 of this Agreement restricts the eligibility to apply for government programs and other forms of assistance pro, Canada. 25. If at any time the parties determine that the portion of the Disused Highwa described in subparagraph 1(e)(ii) of this Agreement comprises an area greater U acres, as contemplated by recitals D and E of this Agreement, the Provi recommend that the Lieutenant Governor in Council transfer to Canada 1:

ICITSUMBALUM BAND TRIPARTITE SETTLEMENT AGREEMENT e 11- charges whatsoever levied by the Province to Canada, the administration and control, if any, which the Province has in the greater area of lands, and those lands will thereafter be deemed to form part of the Disused Highway Lands. CONDITIONS PRECEDENT 26. Canada and the Band agree that the following are conditions precedent to any obligation by Canada to execute this Agreement: (

a) the ratification of this Agreement by the Band in accordance with the provisions of paragraph 28; (

b) the issuance and delivery to Canada by the Band's legal counsel of a certificate to the effect that: (

i) the Band's legal counsel is qualified to practice law in the Province of British Columbia, and has been retained to advise the Band with regard to the Claims, up to and including the execution and implementation of this Agreement; and (ii) the Band's legal counsel has fully explained the legal nature and effect of the Agreement and its implementation to the council of the Band and to the members of the Band present at the Information Meeting held in accordance with the Voting Guidelines; and (

c) the initialling and execution of this Agreement by the Province. 27. The Province and the Band agree that the following are conditions precedent to any obligation by the Province to execute this Agreement: (

a) the ratification of this Agreement by the Band in accordance with the provisions of paragraph 28; and (

b) the issuance and delivery to the Province by the Band's legal counsel of a certificate to the effect that: (

i) the Band's legal counsel is qualified to practice law in the Province of British Columbia and has been retained to advise the Band with regard to the Highway Claim up to and including the execution and implementation of this Agreement; and 4e,5 \ARk

KITSUMICALUM 'TRIPARTITE SETTLEMENT AGREE/ • PI (ii) the Band's legal counsel has fully explained the legal nature and effect 1 Agreement and implementation of the Agreement to the council of the and to the members of the Band present at the Information Meeting hi accordance with the Voting Guidelines. RATIFICATION 28. The Band accepts and ratifies the terms and conditions and entry into this Agreem a majority (over 50%) of those who participate vote in favour at the Ratification EXECUTION AND EFFECTIVE DATE 29.

This Agreement will be executed by the council of the Band on behalf of the following ratification of this Agreement. 30. This Agreement may be executed by Canada after the necessary government appr and authorities have been obtained with respect to this Agreement. 31. This Agreement may be executed by the Province after the necessary goveri approvals and authorities have been obtained with respect to this Agreement. 32. This Agreement comes into effect on the latest date that this Agreement is signed t council of the Band, the Province and Canada. BAND'S RELEASE TO CANADA 33.

In consideration of the compensation paid by Canada to the Band, and the r promises in this Agreement, the Band agrees to: (

a) release Canada and any of its Ministers, officials, servants, agents, successo assigns from any action, cause of action, suit, claim or demand what& whether known or unknown, and whether in law, in equity or otherwise, whi Band and the past, present and future members of the Band and any a respective heirs, descendants, legal representatives, successors and assign! ever have had, may now have or may in the future have against Canada and its Ministers, officials, servants, agents, successors and assigns with respect Claims;

KITSUMKALUM BAND TRIPARTITE SETTLEMENT AGREEMENT - Page 13- (

b) abandon, by filing a consent dismissal order, any legal proceedings commenced against Canada and any of its Ministers, officials, servants, agents, successors and assigns with respect to the Claims; and (

c) not assert any action, cause of action, suit, claim or demand whatsoever, whether in law, in equity or otherwise, which the Band and the past, present and future members of the Band and any of their respective heirs, descendants, legal representatives, successors and assigns, may ever have had, may now have or may in the future have against Canada and any of its Ministers, officials, servants, agents, successors and assigns with respect to: (

i) the Claims; (ii) the procedure resulting in the execution of this Agreement by the Band; (iii) the representations and warranties of the Band under paragraph 44; (iv) any encroachments or encumbrances on the Proposed Lands, the Disused Highway Lands and, if applicable, the CNR Lands which exist on the day the Proposed Lands, the Disused Highway Lands and, if applicable, the CNR Lands are set apart as reserve; (

v) the environmental condition of the Proposed Lands, the Disused Highway Lands and, if applicable, the CNR Lands as it exists on the day that the Proposed Lands, the Disused Highway Lands and, if applicable, the CNR Lands are transferred to Canada; and (vi) the deposit of the compensation on the Band's authority and direction into the Band's Revenue Account. BAND'S RELEASE TO THE PROVINCE 34. In consideration of the mutual promises in this Agreement, the Band agrees to: (

a) release the Province and any of its Ministers, officials, servants, agents, successors and assigns from any action, cause of action, suit, claim or demand whatsoever, whether known or unknown, and whether in law, in equity or otherwise, which the Band and the past, present and future members of the Band and an of their respective heirs, descendants, legal representatives, successors and asst ns, past, Vb . c_4-y-\ 67

ICITSUMKALUM BAND TRIPARTITE SET11,EMENT AGREEMENT - Page 14- present and future, may ever have had, may now have or may in the future have against the Province and any of its Ministers, officials, servants, agents, successors and assigns with respect to the Highway Claim; (

b) abandon, by filing a consent dismissal order, any legal proceedings commenced against the Province and any of its Ministers, officials, servants, agents, successors and assigns with respect to the Highway Claim; and (

c) not assert any action, cause of action, suit, claim or demand whatsoever, whether in law, in equity or otherwise, which the Band and the past, present and future members of the Band and any of their respective heirs, descendants, legal representatives, successors and assigns, may ever have had, may now have or may in the future have against the Province and any of its Ministers, officials, servants, agents, successors and assigns with respect to: (

i) the Highway Claim; (ii) the procedures resulting in the execution of this Agreement by the Band; and (iii) the representations and warranties of the Band under paragraph 44. CANADA'S RELEASE TO THE PROVINCE 35. In consideration of the release provided by the Band to Canada under paragraph 33 and the release provided by the Province to Canada under paragraph 36 and the mutual promises in this Agreement, Canada agrees to: (

a) release the Province and any of its Ministers, officials, servants, agents, successors and assigns from any action, cause of action, suit, claim or demand whatsoever, whether known or unknown, and whether in law, in equity or otherwise, which Canada and any of its Ministers, officials, servants, agents, successors and assigns may ever have had, may now have or may in the future have against the Province and any of its Ministers, officials, servants, agents, successors and assigns with respect to the Highway Claim to the extent that Canada has been released by the Band under paragraph 33 with respect to the Highway Claim; and (

b) not assert, in its own right or on behalf of the Band, any action, cause of action, suit, claim or demand whatsoever, whether in law, in equity or otherwise, which the Band and the past, present and future members of the Band and any of their

HTTSUMKALUM BAND TRIPARTITE SETTLEMENT AGREEMENT - Pap 15- respective heirs, descendants, legal representatives, successors and assigns, and Canada and any of its Ministers, officials, servants, agents, successors and assigns, may ever have had, may now have or may in the future have against the Province and any of its Ministers, officials, servants, agents, successors and assigns with respect to the Highway Claim to the extent that Canada has been released by the Band under paragraph 33 with respect to the Highway Claim. PROVINCE'S RELEASE TO CANADA 36.

In consideration of the release provided by the Band to the Province under paragraph 34 and the release provided by Canada to the Province under paragraph 35 and the mutual promises in this Agreement, the Province agrees to: (

a) release Canada and any of its Ministers, officials, servants, agents, successors and assigns from any action, cause of action, suit, claim or demand whatsoever, whether known or unknown, and whether in law, in equity or otherwise, which the Province and any of its Ministers, officials, servants, agents, successors and assigns may ever have had, may now have or may in the future have against Canada and any of its Ministers, officials, servants, agents, successors and assigns with respect to the Highway Claim to the extent that the Province has been released by the Band under paragraph 34; and (

b) not assert any action, cause of action, suit, claim or demand whatsoever, whether in law, in equity or otherwise, which the Province and any of its Ministers, officials, servants, agents, successors and assigns, may ever have had, may now have or may in the future have against Canada and any of its Ministers, officials, servants, agents, successors and assigns with respect to the Highway Claim to the extent that the Province has been released by the Band under paragraph 34. INDEMNITY BY TLLE BAND TO CANADA 37.

The Band agrees to indemnify Canada and any of its Ministers, officials, servants, agents, successors and assigns from any obligation, liability, duty, loss or damage resulting from any action, cause of action, suit, claim or demand whatsoever, whether known or unknown, and whether in law, in equity or otherwise, brought by any Person against Canada and any of its Ministers, officials, servants, agents, successors and assigns with respect to:

KITSUMICALUM BAND TRIPARTITE SETTLEMENT AGREEMENT - Page 16- (

a) the Claims; (

b) the procedures resulting in the execution of this Agreement by the Band; (

c) the representations and warranties of the Band under paragraph 44; (

d) any encroachments or encumbrances on the Proposed Lands, the Disused Highway Lands and, if applicable, the CNR Lands which exist on the day the Proposed Lands, the Disused Highway Lands and, if applicable, the CNR Lands are set apart as reserve; (

e) the environmental condition of the Proposed Lands, the Disused Highway Lands and, if applicable, the CNR Lands as it exists on the day that the Proposed Lands, the Disused Highway Lands and, if applicable, the CNR Lands are transferred to Canada; and (1) the deposit of the compensation on the Band's authority and direction into the Band's Revenue Account. 38.

Canada will use all reasonable efforts to notify the Band of a request for indemnification under paragraph 37 within a reasonable time following the date that any action, cause of action, suit, claim or demand is brought against Canada and any of its Ministers, officials, servants, agents, successors and assigns. 39. Canada, at its option, may assume and control the defence and any negotiations relating to any action, cause of action, suit, claim or demand referred to in paragraph 37 and 38.

The Band and its counsel may, at the Band's expense, have knowledge of (on a strictly confidential basis) and make suggestions in the defence and negotiations. 40. The Band agrees that Canada can use subsection 4(2) of the Indian Act with respect to

section 89 of that Act to recover the amount for which Canada requests indemnification. INDEMNITY BY THE BAND TO THE PROVINCE 41. The Band agrees to indemnify the Province and any of its Ministers, officials, servants, agents, successors and assigns from any obligation, liability, duty, loss or damage resulting from any action, cause of action, suit, claim or demand whatsoever, whether known or unknown, and whether in law, in equity or otherwise, brought by any Person against the Province and any of its Ministers, officials, servants, agents, su rs and

KITSUMETALUM BAND TRIPAR'TI'TE SETTLEMENT AGREEMENT - Past 17- assigns with respect to: (

a) the Highway Claim; (

b) the procedures resulting in the execution of this Agreement by the Band; and (

c) the representation and warranties of the Band under paragraph 44. 42. The Province will use all reasonable efforts to notify the Band of a request for indemnification under paragraph 41 within a reasonable time following the date that any action, cause of action, suit, claim or demand is brought against the Province and any of its Ministers, officials, servants, agents, successors and assigns. 43. The Province, at its option, may assume and control the defence and any negotiations relating to any action, cause of action, suit, claim or demand referred to in paragraphs 41 and 42.

The Band and its counsel may, at the Band's expense, have knowledge of (on a strictly confidential basis) and make suggestions in the defence and negotiations. REPRESENTATIONS AND WARRANTIES OF THE BAND 44. The Band represents and warrants that: (

a) the Band has retained independent legal counsel qualified to practice law in the Province of British Columbia to advise the Band with regard to the Claims, up to and including the execution and implementation of this Agreement; and (

b) the Band's legal counsel has fully explained the legal nature and effect of this Agreement and its implementation to the council of the Band and to the Band members present at the Information Meeting held in accordance with the Voting Guidelines. FURTHER ASSURANCES 45. The parties to this Agreement agree to do such things and to execute such further documents and take such further measures as may be necessary to carry out and implement the terms, conditions, intent and meaning of this Agreement. 46. The Band confirms that by Ratification Vote it has authorized the present coil and/ uc

ICITSUMBALUM BAND TRIPARTITE SEITLE?viENT AGREEMENT - Page 1S- succeeding councils to act for and on behalf of the Band and the members of the Band and each of their respective heirs, descendants, legal representatives, successors and assigns to do such things, execute such further documents and take such further measures as may be necessary to carry out and implement the terms, conditions, intent and meaning of this Agreement. GENERAL PROVISIONS 47.

Under this Agreement, where the council of the Band is authorized to act for and on behalf of the Band, a quorum of the council of the Band is sufficient to do so. 48. No member of the House of Commons or Senate of Canada shall be admitted to any share of this Agreement or to any benefit arising therefrom. 49. Payment of the compensation is subject to funds being appropriated for that purpose by Canada. 50. MI of the attached schedules and appendices form part of this Agreement. 51.

Except as expressly mentioned in this Agreement, no representation, warranty, collateral agreement, undertaking or condition affects this Agreement. 52. There shall be no presumption that any ambiguity in any of the terms of this Agreement should be interpreted in favour of any one of the parties. 53. The headings and recitals are included solely for convenience and do not control or affect the scope or meaning of this Agreement or any of its provisions. 54. Words in the singular include the plural and words in the plural include the singular. 55.

Words importing male persons include female persons and corporations. 56. This Agreement is for the benefit of and is binding upon Canada and the Province, and their respective Ministers, officials, servants, agents and successors, and upon the Band and the members of the Band and each of their respective heirs, descendants, executors, administrators, successors and assigns. 57. This Agreement shall be governed by th Laws of Canada and British Columbia. 53. This Agreement is entered into by Canada and the Province without any admission of

KITSUIKKALUM BAND TRIPARTITE SETTLEMENT AGREEMENT - Page 19- facts or liability whatsoever. 59. Subject to the terms of this Agreement and, in particular, to the releases set out in paragraphs 33 and 34 and to the indemnities set out in paragraphs 37 and 41 and to the various takings for railway purposes and for highway purposes on Kitsumkalum Reserve No. 1 and Zimagord Reserve No. 3, this Agreement: (

a) is not a precedent in valuing lands other than any lands specifically valued under this Agreement; and (

b) does not preclude the Band from bringing a claim of aboriginal title or interest for matters other than those covered by this Agreement. 60. Any notice or other written communication required or permitted to be given pursuant to this Agreement may be given as follows: To Canada: Assistant Deputy Minister, Claims and Indian Government Department of Indian. Affairs and Northern Development Les Terrasses de la Chaudiere 10 Wellington Street HULL, Quebec KlA OH4 Facsimile No: (819) 953-0545 QR Director, Specific Claims West Department of Indian Affairs and Northern Development P.O. Box 11602 26th Floor, 650 W. Georgia Street Vancouver, B.C. V6B 4N9 Facsimile No: (604) 666-6535 To The Band:

KITSUMIALUM BAND TRIPARTITE SETTLEMENT AGREEMENT - Page TA- Chief and Councillors 1Citsumkalum Indian Band House of Sim-Oi-Ghets P.O. Box 544 Terrace, B.C. V8G 485 Facsimile No: (604) 635-4622 To the Province: Ministry of Transportation and Highways 4825 Keith Avenue Terrace, B.C. V8G 1K7 Facsimile No: (604) 638-3587

dian Affairs and Northern Development Signature: Per: Councillor Per: Codnncillor Per: - Councillo I KTTSUMKALUM BAND TRIPARTITE SETTLEMENT AGREEMENT - Past 21-

IN WITNESS WHEREOF the Minister of Indian Affairs and Northern Development, on behalf of Canada, has executed this Agreement on the eock day of MA-ex-id , 1995 and the council of the Band, on behalf of the Band, have set their respective hands on the 2 5 day of 1995 and the Minister of Transportation and Highways, on behalf of the Province, has executed this Agreement on the day of /172a,,Acl.., 1995. SIGNED on behalf of CANADA represented by the Minister of Indian Affairs and Northern Development in the presence of: Signature: ) ) ) ) Address: I C LOcaLi ikio -r-ok) • ) ) icLu Lc , 6: 4e-c, ) ) Occupation: ) Name of Witness: SIGNED on behalf of the KITSUMICALUM ) INDIAN BAND by the council

e) Band in the presence ) ) ) ) Name of Witness: --41//19("(c 10 ) ) ) ) ) ) ) ) (As to all signatures) ) ) ) Address: /5->7 A 1/47/), St 1,74 rc :a 77 ‘( Occupation: Civ". 5-e-Nc4

Date: A- Peter Vranjkovic, Negotiator KITSUMBALUM BAND TRIPARTITE Se, ITLEMENT AGREEMENT - Page 22- SIGNED on behalf of the PROVINCE ) as represented by the Minister of ) Transportation and Highways in ) the presence of: / ) ) Signature: A.' a_ ) ) Name of Witness ,,i f-, / ( o.A>1 ) M pister of Transportation ) Address: -.21 1 &Ix ("bledzziys ezIs4 ) ) ) Occupation: EegAr -71-1C.

r) IN WITNESS WHEREOF the negotiators for the Kitsumkalum Indian Band, the negotiator for Canada and the negotiator for the Province have initialled this Agreement for the purpose of showing that an agreement-in-princicle has been achieved.

KITSUMBALUM BAND TRIPARTITE SETTLEMENT AGREEMENT - Page 23- For the Kitsumkalum Indian Band: ta4<ae: 4gy,x Witness Date: /F15. /0/Q5 • C.— tv14ww.-/ Councillor Councillor Aawi)(tnae,, cooeoc.,,,...0e Witness

0- KITSUMXALUM BAND TREPARTTTE SETTLEMENT AGREEMENT - Page ?A- CANADA PROVINCE OF BRITISH COLUMBIA ) SE 1'1 LEMENT AGREEMENT KITSUMKALUM INDIAN BAND ) AFFIDAVIT OF EXECUTION , of (Street Address) , in the Province of British Columbia MAKE OATH AND SAY AS FOLLOWS THAT: 1. I was personally present and did see , and , sign the Agreement for the purposes named in the Agreement . 2. I witnessed the signing of the Agreement at , in the Province of British Columbia, on the day of , 1995. 3. I know who is in my belief of the full age of nineteen years or more.

SWORN BEFORE ME at the of ) , in the Province ) of British Columbia, this day of ) , 1995. ) ) ) ) A Commissioner for Taking Oaths within the ) Province of British Columbia )

CANADA PROVINCE OF BRITISH COLUMBIA SETTLEMENT AGREEMENT ) KITSUMKALUM BAND AFFIDAVIT OF EXECUTION I, Ian MacLeod, of 300-1550 Alberni Street in the City of Vancouver, in the Province of British Columbia MAKE OATH AND SAY AS FOLLOWS THAT: 1. I was personally present and did see Chief Steve Roberts, Laura Miller, Wayne Bolton, Alexander Bolton, Cynthia Bohn, and Christine Munro sign the Agreement for the purposes named in the Agreement. 2. I witnessed the signing of the Agreement at Kitsumkalum in the Province of British Columbia, on the 25th day February, 1995. 3.

I know Chief Steve Roberts, Laura Miller, Wayne Bolton, Alexander Bolton, Cynthia Bohn, and Christine Munro who are in my belief of the full age of nineteen years or more. SWORN BEFORE ME at the City of Vancouver in the Province of British Columbia this 14th day of March, 1995 A Commissioner or Oaths within ,t/3 pkovintof Columbia :-.1■::::,r:zed to Ict 103

SCHEDULE "2" to SETTLEMENT AGREEMENT dated for reference the 10th day of February, 1995 BALLOT QUESTION DO YOU AGREE• To approve the terms and conditions set out in the Tripartite Settlement Agreement dated for referent 10th day of February, 1995, and to authorize the council and succeeding councils of the Kitsumkalun Indian Band to sign all documents necessary to give effect to the Tripartite Settlement Agreement, of behalf of the Kitsumkalum Indian Band and its members. YES NO Mark this Ballot by placing an "X" in the box under the word "YES" or "NO".

SCHEDULE "3" to SETTLEMENT AGREEMENT dated for reference the 10th day of February, 1995 VOTING GUIDELINES 1.0

DEFINITIONS In these guidelines: 1.1 "Advance Vote" means a vote by the Voters on the Ballot Question conducted according to these Voting Guidelines held prior to the Voting Day. 1.2 "Assistant Deputy Minister" means the Assistant Deputy Minister, Claims and Indian Government, Department of Indian Affairs and Northern Development. 1.3 "Ballot Question" means the question asked of the Voters in the Ratification Vote. 1.4 "Information Meeting" means a meeting at which legal counsel and other advisors of the Band will explain the Claim and its proposed settlement to all members of the Band in attendance. 1.5 "List of Voters" means either the preliminary Band List of Voters or the revised Band List of Voters, as the context requires. 1.6 "Ratification Officer" means a person who is designated by the the Band and the Director of Specific Claims West to oversee the conduct of the Ratification Vote. 1.7 "Ratification Vote" means a vote by the Voters on the Ballot Question conducted according to these Voting Guidelines. 1.8 "Voter" means a member of (he Band who i3 18 yealf, of age or older on the Voting Day. 1.9 "Voting Day" means the day set for holding the Ratification Vote but does not include the day of any Advance Vote.

SCHEDULE 3 Page 2 1.10 Any words defined in the Agreement will have the same meaning in these Voting Guidelines, except as otherwise indicated. 1.11 Where there is a reference to a number of days between two events, in calculating that number of days the day on which the first event happens is excluded and the day on which the second event happens is included. 1.12 Words in the singular include the plural and words in the plural include the singular. 2.0 BAND COUNCIL RESOLUTION 2.1 By Band Council Resolution, the council of the Band will resolve to: 2.1.1 request the Director of Specific Claims West to designate a Ratification Officer and order that the Ratification Vote be taken by secret ballot; 2.1.2 approve the "Notice of Vote"; and 2.1.3 recommend the acceptance of the Agreement to the members of the Band. 3.0 DESIGNATION OF RATIFICATION OFFICER AND APPOINTMENT OF ASSISTANT 3.1 The Ratification Officer must be designated prior to posting the "Notice of Vote". 3.2 The Ratification Officer may appoint an assistant and may delegate any of his or her duties set out in these Voting Guidelines to the assistant except those duties :;et out in

Article 11.0. Upon the appointment of an assistant, the Ratification Officer and assistant will execute an "Appointment of an Assistant" in the form attached as Appendix "A". 4.0 NOTICE OF RATIFICATION VOTE 4.1 The Ratification Officer will post a "Notice of Vote".

SCHEDULE 3 Page 3 4.2 The Ratification Officer, in consultation with the council of the Band, will post the "Notice of Vote' in a visible place where it can be read by the Voters. 4.3 The "Notice of Vote" will contain the following information: 4.3.1 the date, place and time of the Information Meeting; 4.3.2 the date, place and time of the Ratification Vote, including any Advance Vote; 4.3.3 the Ballot Question; 4.3.4 instructions for obtaining a copy of the Agreement which will be made readily available to a member of the Band upon request; and 4.3.5 the name of the Ratification Officer and his or her office address and telephone number. 4.4 The following will be attached to the "Notice of Vote': 4.4.1 a copy of the Agreement with all Schedules; and 4.4.2 a copy of the List of Voters. 5.0 LIST OF VOTERS AND REVISIONS 5.1 The Ratification Officer, in consultation with the council of the Band, will ensure that the preliminary List of Voters is prepared: 5.1.1 by the Department from the Band List maintained by the Registrar for a band which does not control its Band List; or 5.1.2 by the council of the Band, confirmed by a Band Council Resolution, from the Band List maintained by the band for a band which controls its Band List.

6.2 At least one Information Meeting will be held: 6.2.1 at least seven days after posting the 'Notice of V , 6.2.2 oarTs 6.2.3

SCHEDULE 3 Page 4 5.2 A member of the Band may apply to the Ratification Officer within ten days of posting of the List of Voters attached to the "Notice of Vote' to have the List of Voters revised if such member believes that: 5.2.1 the name of a Voter has been omitted from the List of Voters; or 5.2.2 the name of a Voter is incorrectly set out or should not be included on the List of Voters. 5.3 A member of the Band may, up to and including the Voting Day, apply to the Ratification Officer to have his or her name added to the List of Voters if that member can provide: 5.3.1 his or her current Certificate of Indian status card; or 5.3.2 adequate proof of identification, age and Band membership. 5.4 A member of the Band may provide proof of Band membership in the form of a written statement by a member of the council of the Band, or in the form of a declaration made under oath by another Voter, confirming the identity and Band membership of the member. 5.5 Where the Ratification Officer is satisfied that a revision is necessary to the List of Voters, he or she will make the revision and such revision will be final. 6.0 INFORMATION MEETINGS 6.1 After the appointment of the Ratification Officer, the council of the Band will set the date, place and time for the Information Meeting.

SCHEDULE 3 Page 5 However, the Information Meeting cannot be held at the same time as a Ratification Vote. 6.3 The Information Meeting will be open to all members of the Band and will be attended by at least one of the members of the council of the Band who were involved in negotiating the Agreement and by the Band's legal counsel. 6.4 The Ratification Officer will attend the Information Meeting to answer any questions on the voting procedure.

Any other representative of Canada may attend the Information Meeting. 6.5 If required, the council of the Band will appoint an interpreter who will translate the information presented at the Information Meeting to those members of the Band who require translation. 6.6 The council of the Band will ensure that minutes of the Information Meeting are prepared and that a copy of the minutes are provided to the Department.

The minutes should include: 6.6.1 names of presenters and their titles; 6.6.2 names of Band members present; 6.6.3 names of any other people present; 6.6.4 general outline of the points raised; and 6.6.5 questions asked and answers given. 7.0 PRELIMINARY PROCEDURES 7.1 The Ratification Officer, in consultation with the council of the Band, will: 7.1.1 designate the place of the voting station; 7.1.2 prepare sufficient copies of the Ballot Question which will be uniform in size, appearance, quality and weight;

SCHEI 7.1.3 obtain a sufficient number of ballot boxes; 7.1.4 provide a voting booth at the voting station where the Voter can n Ballot Question free from observation; 7.1.5 provide a sufficient number of lead pencils for marking the Question; 7.1.6 ensure that samples of the Ballot Question are posted or availa examination by Voters at the voting station; and 7.1.7 ensure that a Commissioner for Taking Oaths or Notary Public available as required. 8.0 ADVANCE VOTES 8.1 An Advance Vote may be held and, if so, it will be conducted, subject to i 8.2 and 8.3 and to the extent as may be applicable, in the same manner Ratification Vote on the Voting Day. 8.2 Immediately after the close of an Advance Vote,the Ratification Officer, i of those persons who may be present, will seal the ballot box and affix his signature to the seal. 8.3 The Ratification Officer will retain custody of the ballot box and ensure ballot box remains sealed and is not opened until such time as the ball counted after the close of the Ratification Vote on the Voting Day. 9.0 VOTING PROCEDURES 9.1 All voting will be by secret ballot only.

If required, the council of the Band will appoint an interpreter who will trans Ballot Question and all communication with the Ratification Officer fo members of the Band who require translation for the Ratification Vote.

SCHEDULE 3 Page 7 9.3 The Ratification Officer will: 9.3.1 open the ballot box and ask a Voter to witness that the ballot box is empty before any vote is cast; 9.3.2 properly seal the ballot box and place his or her signature on the seal in front of the witness, and ask the witness to place his or her signature on the seal; 9.3.3 place the ballot box in view for the reception of the ballot papers; 9.3.4 execute a "Declaration of Ratification Officer" in the form attached as Appendix "SI; and 9.3.5 ensure that the witness executes a 'Statement of Witness" in the form attached as Appendix 'C'. 9.4 The Ratification Officer, after being satisfied that a person is a Voter, will: 9.4.1 affix his or her initials on the back of the ballot so that the initials can be seen when the ballot is folded; and 9.4.2 provide the Voter with that ballot. 9.5 The Ratification Officer will place, on the List of Voters, a line through the name of every Voter receiving a ballot. 9.6 The Ratification Officer will explain the method of voting upon request. 9.7 If requested by a Voter who: 9.7.1 is not able to read; 9.7.2 is incapacitated by blindness or other physical cause; or 9.7.3 requires assistance for any other reason;

I SCarl:IULE 3 Page 8 the Ratification Officer will assist that Voter by marking his or her ballot as directed by the Voter and the Ratification Officer will immediately fold and deposit it into the ballot box. 9.8 In the circumstances described in

Article 9.7, the Ratification Officer, after assisting the Voter, will make an entry on the List of Voters opposite the name of the Voter indicating that the ballot was marked by the Ratification Officer at the request of the Voter and the reason for the Voter's request. 9.9 Except as provided in

Article 9.7, every Voter receiving a ballot will: I 9.9.1 proceed immediately to a voting booth; 9.9.2 mark the ballot by placing a cross ("X") either in the box marked 'YES' or the box marked "NO"; I 9.9.3 fold the ballot to conceal the mark and to expose the initials of the Ratification Officer; and 9.9.4 immediately give the folded ballot to the Ratification Officer who, without unfolding it, will: 9.9.4.1 verify his or her initials; 9.9.4.2 tear off the perforated strip, if any; and 9.9.4.3 deposit the ballot into the ballot box. 9.10 A Voter who receives a soiled or improperly printed ballot, or who accidentally spoils his or her ballot when marking it, will, upon returning it to the Ratification Officer, be entitled to receive another ballot.

The returned ballot will be counted as spoiled. 9.11 A Voter who receives a ballot and does not return it to the Ratification Officer will forfeit the right to vote and will not be counted as having voted. The Ratification Officer will make an entry on the List of Voters stating that the Voter left the voting booth without delivering the ballot. 9.12 At the time set for closing the poll, the Ratification Officer will declare the poll closed, and entry will be denied to the voting station.

SCHEDU P 10.0 ORDERLY VOTING 10.1 The council of the Band with the assistance of the Ratification Officer will e that peace and good order are maintained at the voting station. 10.2 The Ratification Officer will allow only ore Voter at a time into a voting bo 10.3 A Voter who is inside the voting station before the set closing time will be en to vote. 10.4 No person will interfere or attempt to interfere with a Voter when he or voting, nor will a person obtain or attempt to obtain information as to how a ' is about to vote or has voted. 11.0 COUNTING OF RESULTS 11.1 After the close of the poll on the Voting Day, the Ratification Officer, i presence of at least one member of the council of the Band and any other who may be present, will: 11.1.1 count the number of spoiled ballots according to

Article 9.10; 11.1.2 examine all ballots contained in the ballot boxes, including the ball( from any Advance Vote; 11.1.3 reject all ballots that: 11.1.3.1 have not been supplied by the Ratification Officer assistant; 11.1.3.2 have not been marked as either "YES" or "NO"; 11.1.3.3 have been marked as both "YES" and "NO"; 11.1.3.4 have not been marked in the box marked ''YES" or "N( 11.1.3.5 has any writing or mark which can identify a Voter; 11.1.4 not reject ballots marked other than with a cross ("V') under I 11.1.3, if the mark does not constitute identification of the Voter and intent of the Voter is clear; and

SCHEDULE 3 Page 10 11.1.5 count the number of ballots marked "YES", marked "NO" and the number of rejected ballots. 11.2 When the results of the Ratification Vote have been determined, the Ratification Officer will: 11.2.1 execute the "Certification by Ratification Officer' in the form attached as Appendix "D"; and 11.2.2 ensure that a member of the council of the Band who was present when the ballots were counted executes the "Certification by Member of Council" in the form attached as Appendix "E". 11.3 The Ratification Officer will separately seal in envelopes the ballots cast and the spoiled ballots.

The Ratification Officer will then affix his or her signature to the seals and deliver the envelopes to the Director, Specific Claims West, Department of Indian Affairs and Northern Development, who will retain them for 60 days. 11.4 After 60 days, unless an objection is filed in accordance with

Article 13.0 or the Department has been notified that legal proceedings concerning the Ratification Vote have been commenced, the ballots cast and the spoiled ballots may be destroyed. 12.0 PROCEDURAL AMENDMENTS 12.1 In order to give effect to and carry out the objectives and purpose of the Ratification Vote, the Ratification Officer and the chief of the Band may agree on a departure from the procedural requirements of the Voting Guidelines where they deem it necessary and where they believe it will not result in any substantive change.

The Ratification Officer and the chief of the Band will state in writing the nature and basis of such departure and will deliver a copy of the statement, signed by both of them, to the Department. 13.0 OBJECTIONS 13.1 A Voter who voted and has reasonable grounds for believing that:

SCHEDL Pa 13.1.1 there was a violation of these Voting Guidelines that may affect the r of the Ratification Vote; or 13.1.2 there was corrupt practice that may affect the results of the Ratifil Vote; may, within seven days from the Voting Day, file an objection by forwardi registered mail to the Assistant Deputy Minister: 13.1.3 notice of his or her objection; and 13.1.4 a statutory declaration setting out the grounds for the objection. 13.2 Where an objection is filed under

Article 13.1, the Assistant Deputy Minister within seven days of receiving it, forward a copy of the objection by facsirr overnight courier to the Ratification Officer. 13.3 The Ratification Officer will, within seven days of receiving the objection, fo to the Assistant Deputy Minister by overnight courier a statutory decla containing answers to the particulars stated in the Voter's declaration. 13.4 The Assistant Deputy Minister will forward all of the material sent uncle

Article to the Minister. 13.5 The Minister may, if the material sent under this

Article is not sufficient to the validity of the grounds of the objection, conduct such further investigati he or she deems necessary. 13.6 Subject to

Article 13.7, the Minister may dispose of an objection by allowing calling another vote. 13.7 Where the Minister is of the opinion that the grounds of the objection: 13.7.1 are not established; or 13.7.2 do not affect the results of the Ratification Vote; he or she will dismiss the objection.

APPENDIX ' VOTING GUEDELINI (Article 3. APPOINTMENT OF AN ASSISTANT Date , Ratification Officer, appoint to act as my assistant carrying out my duties in accordance with the Voting Guidelines for the purpose of the Ratification Vol Ratification Officer , agree to act as an assistant to the Ratification Officer for the purpose of t. Ratification Vote and promise to carry out all assigned duties to the best of my abilities and in accordan with the Voting Guidelines. Assistant

Ratification Officer APPENDIX "B" VOTING GUIDELINES (Article 9.3) DECLARATION OF RATIFICATION OFFICER CANADA ) ) PROVINCE OF ) , Ratification Officer, of , in the Province of , DO SOLEMNLY DECLARE THAT: 1. / I was personally present at on . 199_ when members of the Kitsumkalum Indian Band voted in a Ratification Vote concerning a proposed Settlement Agreement. 2. Immediately before the Ratification Vote began, I opened ballot box number 3. I saw that the ballot box was empty and I asked persons who were present to witness that the ballot box was empty. 4.

I then properly sealed the ballot box, in front of these persons who were present, and placed it in view for the reception of ballot papers. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. I, DECLARED BEFORE me at the ) of in the Province ) of , this day of ) _, 199_. ) ) ) ) A Commissioner for Oaths in and for the ) Province of )

I I I 1 1 STATEMENT OF WITNESS APPENDIX "C VOTING GUTDELIN1 (Article 9. Date I, , was personally present at on , 199 when members of the Kitsumkalum Indian Band voted in a Ratification Vo concerning a proposed Settlement Agreement and: 1. I witnessed that the ballot box was empty before any votes were cast in the Ratification Vote. 2. I witnessed the Ratification Officer seal the ballot box and sign the seal. 3. I signed the seal, as requested by the Ratification Officer. Witness

APPENDIX "D" VOTING GUIDELINES (Article 11.2) CER'TIF'ICATION BY RATIFICATION OFFICER CANADA PROVINCE OF , Ratification Officer, of in the Province of , DO SOLEMNLY DECLARE THAT: 1. I was present at the Kitsumkalum Indian Reserve on , 199_, when members of the Kitsumkalum Indian Band voted concerning a proposed Settlement Agreement in accordance with the Voting Guidelines. 2. A true copy of the Notice of Vote is attached as Exhibit "1" to this Declaration. 3. In accordance with

Article 4 of the Voting Guidelines, I posted the Notice of Vote. 4. I attended each Information Meeting set out in the Notice of Vote in accordance with

Article 6 of the Voting Guidelines. 5. The voting procedure was conducted in accordance with Articles 7 to and including 12 of the Voting Guidelines. 6. The results of the Ratification Vote are as follows: a. the names of Voters appear!-4 on the List of Voters prepared pursuant to

Article 5.1 of the Voting Guidelines, and the number of Voters who were entitled to cast a vote was b. ballots were cast in the Ratification Vote in accordance with

Article 9 of the Voting Guidelines; c. ballots were marked "YES"; d. ballots were marked "NO";

APPENDIX "D - Page 2 e. ballots were r:.jected in accordance with

Article 11.1 of the Votin Guidelines; and f. ballots were spoiled and were not counted in b. above in accordance wit

Article 9.10 of the Voting Guidelines. 7. The proposed Settlement Agreement was approved/not approved by the Voters. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true an knowing that it is of the same force and effect as if made under oath and by virtue of the Canad Evidence Act. DECLARED BEFORE me at the ) of in the Province ) of , this day of ) 199_. ) ) ) ) ) ) A Commissioner for Taking Oaths in and ) for the Province of Ratification Officer

APPENDIX VOTING GUIDEL (Article CERTIFICATION BY MEMBER OF COUNCIL CANADA PROVINCE OF , member of the Council of the Kitsumkalum Indian Band of the Kitsuml Indian Reserve, in the Province of , DO SOLEMNLY DECLARE THE 1. I was present at the Kitsumkalum Indian Reserve, on , 199_, when membo the Band voted concerning a proposed Settlement Agreement in accordance with the V Guidelines. 2. A true copy of the Notice of Vote is attached as Exhibit "1" to this Declaration. 3. In accordance with

Article 4 of the Voting Guidelines, the Ratification Officer posted the IN of Vote. 4. At least one of the Members of the Council of the Band who were involved in negotiatir proposed settlement agreement attended each Information Meeting set out in the Notice of in accordance with

Article 6.3 of the Voting Guidelines. 5. The Council of the Band ensured that minutes of each Information Meeting were prepai accordance with

Article 6.6 of the Voting Guidelines. 6. If required, the Council of the Band appointed an interpreter to translate at the Inforn Meeting in accordance with

Article 6.5 of the Voting Guidelines. 7 If required, the Council of the Band appointed an interpreter to translate at the Ratification in accordance with

Article 9.2 of the Voting Guidelines.

APPEN] 8. The results of the Ratification Vote are as follows: a. the names of Voters appeared on the List of Voters prepared pu

Article 5.1 of the Voting Guidelines, and the number of Voters who were entitle a vote was b. ballots were cast in the Ratification Vote in accordance with

Article Voting Guidelines; c. ballots were marked "'YES"; d. ballots were marked "NO"; e. ballots were rejected in accordance with

Article 11.1 of the Guidelines; and f. ballots were spoiled and were not counted in b. above in accords

Article 9.10 of the Voting Guidelines. 9. The proposed Settlement Agreement was approved/not approved by the Voters. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to b knowing that it is of the same force and effect as if made under oath and by virtue of th Evidence Act. DECLARED BEFORE me at the of in the Province of , this day of 199_. Chief or Councillor of the Band A Commissioner for Taking Oaths in and

APPOINTMENT OF AN ASSISTANT :tut.)(i 2G1 Date I. 440 , Ratification Officer, appoint -5// 0 6erri to act as my assistant in carrying out my duties in accordance with the Voting Guidelines for the purpose of the Ratification Vote. • / Ratification Officer rita& d64.4.024,r , agree to act as an assistant to the Ratification Officer for the impose of the Ratification Vote and promise to carry out all assigned duties to the best of my abilities and in accordance with the Voting Guidelines. Maim=

• ULDALsiEs • articter. •• ' 7.• • - •Ir• - DECLARATION OF RATIFICATION OFFICER ) ) ) CANADA PROVINCE OF 1, /14e(d , Ratification Officer, of VQnwitvf'r , in the Province of gC ' , IX) SOLEMNLY DECLARE THAT: 1. I was personally present at kiln - on _ fi:;7(.(0). /O , 1995 when members of the Kitsumkalum Indian Band voted in a Ratification Vot6 concerning a proposed Settlement Agreement. 2. Immediately before the Ratification Vote began, I opened ballot box number I 3. I saw that the ballot box was empty and I asked persons who were present to witness that the ballot box was empty. 4.

I then property set:iled the ballot box, in front of these persons who were present, and placed it in view for the reception of ballot papers. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada - Evidence Act. DECLARED BEFORE me at the ) of Lim r c,kw..ef in the Province ) of -- P.C/. , this 22, day of ) / 199_1'. ) ) • 3eLIZei ) Ratification Officer A Commissioner for Oaths in and for the ) Province of r" Nk.) (n. G.) k1M 610. ) Author zca to A.ctry.:n ster Oaths Under The Indian Act

Section 108 .\

irirlOOTAX I :NG UtIlDR.LIN•?;,..i —article 9.".". STATEMENT OF WITNESS / 99 5 Date , was personally present at i.742-4.d-st--1e /0 7 , 1995_ when members of the ICitsurnkalum Indian Band voted in a Ratification Vote concerning a proposed Settlement Agreement and: 1. I witnessed that the ballot box was empty before any votes were cast in the Ratification Vote. 2. I witnessed the Ratification Officer seal the ballot box and sign the seal. 3. I signed the seal, as requested by the Ratification Officer. Lam' , Witness r

CERTIFICATION BY RATIFICATION OFFICER CANADA ‘,/775 .,f/ //7, PROVINCE OF c otti r -10/R 4 6-731) , Ratification Officer, of (4 4.1CCU in the Province of 6-6, , DO SOLEMNLY DECLARE THAT: 1. I was present at the Kitsurnkalum Indian Reserve on eiS4C4AY n , 1995, when members of the ICtsumkalum Indian Band voted concerning a proposed Settlement Agreement in accordance with the Voting Guidelines. 2. A true copy of the Notice of Vote is attached as Exhibit " I" to this Declaration. 3. In accordance with

Article 4 of the Voting Guidelines, I posted the Notice of Vote. 4. I attended each Information Meeting set out in the Notice of Vote in accordance with

Article 6 of the Voting Guidelines. 5. The voting procedure was conducted in accordance with Articles 7 to and including 12 of the Voting Guidelines. 6. The results of the Ratification Vote are as follows: a. the names of Voters appeared on the List of Voters prepared pursuant to

Article 5.1 of the Voting Guidelines, and the number of Voters who were entitled to cast a vote was ?".7. ; ballots were cast in the Ratification Vote in accordance with

Article 9 of the Voting Guidelines; 1°? ballots were marked "YES"; I t ballots were marked "NO"; b. ( I c. d.

e. ballots were rejected in accordance with

Article 11.1 of the Voting Guidelines; and f. ballots were spoiled and were not counted in b. above in accordance with

Article 9.10 of the Voting Guidelines. 7. The proposed Settlement Agreement was approved/not approved by the Voters. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DECLARED BEFORE me at the rly of VI c o tAi A r in the Province of 3c -__ , this 2.7 day of _, 1991. Ratification Officer . A Corrunissioner for Taking Oaths in and for the Province of prlik_ Co iv 03;!: • 121r:nr 7iec:!on 108 "

Schedule '13' NEW NOTICE OF RATIFICATION VOTE SATURDAY, FEBRUARY 25, 1995 FOR THREE PARTY AGREEMENT ON HIGHWAY AND RAILWAY SPECIFIC CLAIMS TO: THE MEMBERS OF THE JCITSUMICALUM INDIAN BAND TAKE NOTICE that a vote of the Voters of the Kitsumkalum Indian Baud, following the Voting Guidelines, will be held on the 25th day of February, 1995 to determine if the Voters of the Kitsumkalum Indian Band 18 years of age or over as of February 25, 1995 approve and authorize the Band Council to sign the proposed settlement agreement dated for reference the 10th day of February , 1995 between Canada, the Province of British Columbia and the Kitsumkalum Indian Band annexed to this Notice as Appendix 'A' (the 'Settlement Agreement").

A previous agreement dated January 25, 1995 has been replaced by the proposed settlement agreement dated February 10, 1995. The following question will be asked of the Voters of the Kitsumkalum Indian Band by secret ballot: DO YOU AGREE: To approve the terms and conditions set out in the Settlement Agreement dated for reference February 10, 1995, and to authorize the Council and succeeding Councils of the KitsumkalumIndian Band to sign all documents necessary to give effect to the Settlement Agreement, on behalf of the Kitsurrikalum Indian Band and its members.

Information Meetings will be held at the Prince Rupert Hotel, Prince Rupert, Friday February 10, 1995. at 6:00 p.m. and at House of Sim-OI-Ghets, Kitsumkalum Reserve, Saturday February 11, 1995 at 1:00 p.m. in the basement. VOTING Advance Poll on Friday, February 10, 1995 at the Prince Rupert Hotel, at 8:00 p.m. Only those persons who attend the information meeting preceding the advance poll will be allowed to vote in the advance poll. The Ratification Vote will take place on Saturday, February 25, 1995 from 9:00 a.m. until 8:00 p.m. at the BAND TREATY OFFICE , Kltsurnkaluen Indian Reserve, B.0 • 7: .

Na.t.1-4 „fr. LA,,,Lctver 21 rep

CERTIFICATION BY MEMBER OF COUNCIL ;ANADA /V4 'ROVINCE OF -0 /-a/sq//1 ) I, AL5)( ZLiCIA) , member of the Council of the Kitsumkalum Indian Band of the Kitsumkalum ndian Reserve, in the Province of ? , DO SOLEMNLY DECLARE THAT: I was present at the Kitsumkalum Indian Reserve, on 2s / , 199S , when members of the Band voted concerning a proposed Settlement Agreement in accordance with the Voting Guidelines. A true copy of the Notice of Vote is attached as Exhibit "1" to this Declaration. I. In accordance with

Article 4 of the Voting Guidelines, the Ratification Officer posted the Notice of Vote. At least one of the Members of the Council of the Band who were involved in negotiating the proposed settlement agreement attended each Information Meeting set out in the Notice of Vote in accordance with

Article 6.3 of the Voting Guidelines. The Council of the Band ensured that minutes of each Information Meeting were prepared in accordance with

Article 6.6 of the Voting Guidelines. ). If required, the Council of the Band appointed an interpreter to translate at the Information Meeting in accordance with

Article 6.5 of the Voting Guidelines. If required, the Council of the Band appointed an interpreter to translate at the Ratification Vote, in accordance with

Article 9.2 of the Voting Guidelines.

Chief or Cduncillor of the Bind 8. The results of the Ratification Vote are as follows: a. the names of 32,e Voters appeared on the List of Voters prepared pursuant to

Article 5.1 of the Voting Guidelines, and the number of Voters who were entitled to cast a vote was 317 b. ballots were cast in the Ratification Vote in accordance with

Article 9 of the Voting Guidelines; c. ballots were marked "YES"; d. 1/ ballots were marked "NO"; e. -t9- ballots were rejected in accordance with

Article 11.1 of the Voting Guidelines; and f. --49" ballots were spoiled and were not counted in b. above in accordance with

Article 9.10 of the Voting Guidelines. 9. The proposed Settlement Agreement was approved y the Voters. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DECARED BEFORE me at the 271,7‘- of A- floinkc4 in the Province of S ( • , this Z: day of 199_. A Commissioner for Talck.“14tbs. in and for the Provinc.40 00 ' ,10,411009Lthaltr .'..nef

Schedule 'Er NEW NOTICE OF RATIFICATION VOTE SATURDAY, FEBRUARY 25, 1995 FOR THREE PARTY AGREEMENT ON HIGHWAY AND RAILWAY SPECIFIC CLAIMS TO: THE MEMBERS OF THE KrrsumicALum INDIAN BAND TAKE NOTICE that a vote of the Voters of the Kitsurnkalurd Indian Band, following the Voting Guidelines, will be held on the 25th day of February, 1995 to determine if the Voters of the Kitsumkalum Indian Band 18 years of age or over as of February 25, 1995 approve and authorize the Band Council to sign the proposed settlement agreement dated for reference the 10th day of February , 1995 between Canada, the Province of British Columbia and the Kitsumkalum Indian Band annexed to this Notice as Appendix "A' (the "Settlement Agreement").

A previous agreement dated January 25, 1995 has been replaced by the proposed settlement agreement dated February 10, 1995. The following question will be asked of the Voters of the Kitsumkalum Indian Band by secret ballot: DO YOU AGREE: To approve the terms and conditions set out in the Settlement Agreement dated for reference February 10, 1995, and to authorize the Council and succeeding Councils of the Kitsumkalum Indian Band to sign all documents necessary to give effect to the Settlement Agreement, on behalf of the Kitsumkalum Indian Band and its members.

Information Meetings will be held at the Prince Rupert Hotel, Prince Rupert, Friday February 10, 1995, at 6:00 p.m. and at House of Sim-01-Ghets, Kitsumkalum Reserve, Saturday February 11, 1995 at 1:00 p.m. in the basement. VOTING Advance Poll on Friday, February 10, 1995 at the Prince Rupert Hotel, at 8:00 p.m. Only those persons who attend the information meeting preceding the advance poll will be allowed to vote in the advance poll.

The Ratification Vote will take place on Saturday, February 25, 1995 from 9:00 a.m. until 8:00 p.m. at the BAND TREATY OFFICE , Kitsumkalum Indian Reserve, B.C. .../2 fi ■.e%-fita,v to it* A.Kolart 6..?71C-r SWOrn .41 .t ..tlSuMka/uM filly .?.5-4:1,1 of fr. L. •

an Mac Ratification Officer • 2 Copies of the Settlement Agreement, may be obtained from: Administrative Office, Kitstunkalum Indian Band, Kitsumkalum Indian Reserve; Ian MacLeod, Ratification Officer, 1550 Alberni St. Vancouver, B.C. V6G 3C5 Phone 1 604 666-0353 or Fax 1 604 666-3808. AND FURTHER TAKE NOTICE that a List of Voters is posted with this Notice of Vote.

Article 5.2 of the Voting Guidelines provides: 5.2 A member of the Band may apply to the Ratification Officer within ten days of posting of the List of Voters attached to the 'Notice of Vote' to have the List of Voters revised If such member believes that: 5.2.1 the name of a Voter has been omitted from the List of Voters; or 5.2.2 the name of a Voter is incorrectly tot out or should not be included on the List of Voters. Application for a change to the List of Voters should be made to Ian MacLeod, Ratification Officer, 1550 Alberni St., Vancouver, B.C. V6G 3C5 Phone 1 604 666-0353 or Fax 1 604 666-3808. DATED at Vancouver in the Province of British Columbia, this / dtay of felacy/ . 1995.

VolEtci c,151 Kltsumkalum Members -18 years & aver. as d Feb25,19118 01/33/95 1 a a 4 5 $ 7 • • 11 12 ti • 14 is oft Lockarby Simon on Bird George P oft Hare Clay off Starr Blanche M 44111--FW---- - A-Adelim141 of Bird Emily B off Cans • jiffie. W on Baton •Omtn C oft Chen OA COMM 9 14.1.F.

M --OA off Talbot Laura E dl WNW floberia 4 14,D -ell—Brooks Joseph-#r -e41-4,4414er Frafret-0- off Owenby Martha 22 23 24 on Bohan 25 off Bennett Lawnanos 28 eK Bottom !;avoid J 27 28 -on Miller Wallace-l4- 29 on Brown George F 30 on Roberts Vi Calbrii 31 off Timms Marjorie V 32 AP oft Weiey -Viotet-5 33 off Roberts Herbert D - 34 op Brown Laura H 35 off Wesley Raymond 38 off Wing Cecil 37 off McLean Allan H 38 off Ridler Anita J 39 off Christiansen Eli 40 /LC) -93--8-rocriks Jeffrertf-- 41 off Dahl Phyllis L 42 QA—Lockcerby SAITMINt I 43 off Laidlaw MYTT40-Q 44 IA Weedhead 14afrla 1 45 -arl--211.

INalliatn-E- 46 on Wesley Sarah W 47 on Inkster Elena V 43 onL_Be4teen ______SAir:tey- 49 e#1-4a4g-----CUartette-M-- 50 011---Acide:frel---------- - MaillaFeliAr— 51 -en-46444sen 14954-0-- 52 - • " --,1 -1 r• -• CD 1 141 17 18 111 20 21

off Nelson off Nelson -off-floss 411-04161141POSIV en Bohan A., off Roper itY off-Wing /135 ', off-Wasteg on Weshy off ICAnnedy AD off Ruse off Glow of Wesley on Haugland on Roberts off Miller on Lerkerby on Wing Matsu mkalum Members -18 years & mgr. as of Feb25,1 01 /X% -041-441004y-----Jeseph-J-- Si Herbert W Charles A S5 AnIttar*- SS -Met S7 Wilford C Se Adeline SS tistleft- APIAA•016f--• • 81 —Su/Ow-A- _ P Jack S4 Vlofot J OS Theodora M Marina *7 Rena S Se Richard J fN Olive E 70 Harvey W 71 on Roberts Gordon J 72 on Webb Betty D 73 off McNeil Joyce IA 74 off Talbot Glen R 75 on Bolton Annette 5 7$ 77 .on Bolton L-Alemandar 7$ 79 80 off Brown P Terrance off Wing Georgina A off Brooks Leona P off Talbot (Fulton) Gloria J -430-0014) Oust/att.

V off Penner Irene J 4), alt ___SPrtrul franc:06M off Wunderlith Maxine E off Wing Clarence L off Spaldiwg bane off Concord Patricia E $1 82 $3 84 $5 88 87 88 119 90 91 -044----140CAef----------00PathY-G--- 92 off Brown Willard E 93 on Millar Lurac 94 off Novack Donald J 95 off Roberts Janette B 96 off Krause Barbara M 97 -off—C14nstiansen giloic.---- 98 off Wing (Nolin) Barbara J 99 on Bolan William M 100 off Zabinsky Karen l 101 off Dunn ara M 102 CI off Brooks (Os mond) Violet R 103 on Bolton Bernice L G 104

KrtsumksJum Members -18 years & over. as of Feb25,1896 01/30/95 off Lawson Measin D 105 off Venus Frances L 106 107 A P .eff--Granciison -Elera‘l — off Brooks Ode 108 At). all—Glwees----SMtisy-14- 102 off Brown Clyde R 110 TUT*? WililainG off 111 bill! Bolton Glen M 112 of MlUer ..4 11thil ki 112 Beim kW, Oi en 114 Al *Air M ono -115 off Collins Riynald CI .116 all Brown Mangan R 117 . off Robinson Charles 0 116 on Samson Lilian M 1111 ae--McCarthy-------adaeR- 120 cif Miner Mods B 121 off Barker Katherine 8 122 off Bolton Diann.

L 123 off Starr Clarence T 124 off Tremblay k4ona 8 125 off Nelson Norma A 1211 oft Nelson Barbara 0 E 127 off Nelson Arthur F 128 off Wesley Melvin J 122 KaAS614--------- 130 off Talbot Charlotte R 131 Bolton Stowart-E off 132 -eff---Wes4ey- - 6era4d-B 133 Miller Jetegtreline A off 134 off Chin Henry E 135 off Okabe Allan T 136 off Starr William D 137 ocL_Erabe4ts- --- BerteJd-T 138 Geraw P Ernie. cm 139 044—Robioson----Jartiowla- 140 on Spalding Edward R V 141 on Bingharn Colleen E 'LYNN' 142 oft Timms Richard G 143 off Talbot Charles A 144 oft Wesley Douglas W 145 on --4:4,.aborto-----Storul11114-- 146 147 oe—Dayis 148 4;4:Alerts Judith C on 150 Batten Ronald en 151 on Weslay SanArz E 152 on Lockerby Reynold M 153 oft Severeid Ivan G 154 ruff Budder' Coraidine 155 aft McCallum James R 156 & Off Reserve P.3

Ktsumkalurn Members -18 years & over. u of Feb25,1995 01/33195 on Robinson Sterling K on -Sam Maurice- oft--.0ebosse AftnabolloS cv ' flab.

R c41 Nielson Ronald W oil McCallum Nankin A c Timms Brian C el eche Richard C off Sian' Clarence S off Wesky Dun 0 0$ Hanes Sandra on Bohan Mark C on Bolton Lynn E on Cooley Donald R off McArthur Sandra D off Brooks Jeffrey P off Miller Barbara J off Riding Frank A oft Smith Edward I off Severeid Wilford C off Talbot (Voysey) Laurie E on Belteft Briw W on Bolton David M off Severeid Edward S off Wilson Arlene R off Wesley Garry P off Muldoe Marjorie L off Spalding Donna J off Cladue Wayne A on Sohn David P on Roberts Richard J on Johnson Richard N off Bennett Linda G off Walsh Debra L aft Skvcarchuk Brenda J oft Okabe Robert W off Wes* Peari A oft Severeid Judith B E off Brown Kenneth Xv -1 Rofton Ruesoil T on—Elobaits-potario4)----DolJuas14 oft Vannatto Rita S oft Nelson Bruce E off Sisson Debbie W oft Adams Suzanne L off Russ Art` J F on Sam Cam' 0 off Brown Frank 157 off Friesen A, Roberta 158 on Johnson Meiocfie P 1511 110 'Si 182 1U 151 fin 188 187 188 ISO 170 171 172 173 174 175 178 177 178 179 180 181 182 183 184 185 186 187 184 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 0^ & Of Reserve P.4

off Spalding off Penner (Ciesbrecht) off Robinson off Botton off Nelson off Umer off Nelson off McLean off Wesley off Ridler Susan E Cite-Anne G Teresa A Malcolm ID Carlson 1) Rudolph 0 Joseph N Geraldine J Calvin C Mun-ayJ caWittlsy_ --Sleuefrd on -Christiansen <andro—T. off Spalding David E off McNeil Sharon A off Wesley Clifford off Roper Daniel E off Christiansen (Homer) Linda 62rE 629 ZO:VT L6. 61 CON Ktsumkalum Members • 1$ years & met. as o Feb.25.1995 01/30196 200 210 off Bentham Alan A 211 off INesiery Yonne N 212 off Timms Noy C 211 eff Belem JII4 8 214 off Mier Aoy R 215 211 on Spalding Donald J 217 21$ off DO :Wog Shen, I. 219 off McNeil Russell C 220 off Bolton Clullerine F E off Russ Cal* E 222 off Ftldler fDrel R 224 off Wesley Mart D 224 off Sctierk Manor R rs on Webb Janes W 224 off Wesley Katharine C 227 off Chen Carrell C 2211 off Jensen Deborah A 229 230 on—Ceeley SNloaa- 231 on Adams Mitchell I 232 233 off Oicabe (Pierce) Tami L 234 off Ridler Carolyn J 235 236 237 2311 239 240 241 242 243 244 245 246 247 248 249 250 25 1 252 253 •44---M44GZGK-ef---••------•--Creefte"0"F-- 254 on Ridler Sharon A 255 256 on Spalding Arlene P 257 on Bolton Sheila C 258 et Nelson Jenniffs-,■ 259 off Gasselin Paul J G 250 On & Off Reserve P.5

Krtsumkalum Members • 18 years & OM. as d Feb25.1995 01/30195 off Wesley Randy K 211 off RIctior Thomas G 2S2 di Horner Vernon H 2111:111 off Chen Christine J 15b4 01--Chfistanoen Alerre 2115 -811-1.4tietefer Amaiaa 21MI off Gino Notmen C 211;1 off Sims Chant A as on Nelson _ Todd W WI . ilis• - .. on Robinson ' (timid (Geraldine) 0 WI— off Wesley ON E 222 off Bohon Karen 'A a Off GOSSOWI Flow J .t, :...zim • off Donaldson Sandra 5 225 4211 Milky NMI& A a off Broom (`Chrona) Jo-Anne L 277 oft—Nelacs-----Dlana44 a off Wesley Richard 2711 off Wunderlich Oynthia E 2110 off Smith • Cynthia A D 241 off Russ Irma N 282 off Miller Shannon A 283 off Gosselin Susan C 284 off Chrona Leslie 0 285 of Phillips Sandra J 286 oft McNeil Wendy L 267 off Miller Valerie G 288 off Chrona Nancy M 269 off Venus Eric SJ 290 off Starr Shannon F 291 off Musterer Michael B 292 on Nelson Richard A 293 enz-:Pietoerts---------Jarnes-K,-- 294 on lalcilton Alfas; L. 295 off Spalding Jeannette M 296 eff--MeGerron-- Statist. 297 off Miller Beverley D 294 off Henderson Laura A 299 oft Bolton (Drake) Theresa E 300 off Bolan Rodney D 301 off Chinn Rodney G 302 off Guilbautt (Brown) Teresa L 30"3 off Turner William J 304 off Buan Ted E 305 on Homer Dwayne E 306 Qn Wocicy Edward J 307 on Bolton Lyle K 308 on RD per Arlene C 309 off Wunderlich Guenter E 310 off Russ Steven D 311 r Liresarro n ShiPekF 312 On & Off Reserve P.6

Kitsumkalum Members - 18 years & over. as of F.b25.1995 01/30/95 off Nelson Craig K 313 off Smith Jo-Ann C 314 off Hanson Deborah L 315 off Boyle Edward D N 318 off Peck Barbara G 317 off Buan Phyllis A Al 31$ off Tumor TherssaA4 31$ off Manton Denise J 3120 on Cans Terry G 321 off Lundquist BLINKS° E 322 off Venus Roderick J 323 off Wesley last 0 324 off Wunderlich Loma L 325 off Douglas Erkka RJ la off Milton (Roberts) Dawn R 327 off Russ Robin L 323 off Wing Wesley H 329 A off Chrona Eric A 330 fi'-off—Weslelf--------el mrrer 331 off Brown Susan L 332 off Wilson Maxine E 333 on Collins Andrew R 334 off Boudreau /Mars F 335 off Bingharn(Genaille) Nicole E 338 -oa--14aAroaa(Roberas)--+Ilelen-W- 337 off Douglas Lloyd B G 338 off Collins M Jason 339 off Boyle Denis P E 340 C a r i 6 0 off Musterer Sonja C M 342 on Bolan William H 343 on Manion Diane R 344 on kiarinfi Robact A 345 on Semsee MariamA— 346 on Bolton —Julie-0— 347 off Douglas Christina L 348 off Spalding Stacy A 349 off Ashton Elizabeth S 350 oft Miller Allen S 351 off Ryan Tabith a 352 off Nelson Irvin J 353 --att--$.4aCarrao aradlay-W— 354 off Russ Reece A 355 o4--GePaw- -Rebefi-E 356 on Jorrnanainen > College Leila A 357 off--12441444------44a-M-- 358 off Grandison Bridgette 359 off Wesley Merle G 360 off Bolton Angela L 381 off Wing Tem D 362 off Brown Paul M 363 off Miller Dean G 364 On & Off Reserve P7

Kitsumkalum Members - 18 years 6 ow. as of Fsb.25,1995 01 /30/95 Lot McCarron Adam W 365 off Wesley Paula M 366 off Nelson Georgina L 367 oft Venus Joseph 0 5 388 on Roberts Gordon J Jr. 361 on Collins Christopher W G 370 871 on Samson Gerald S 372 1,11-0111113W-----1211MOILE 373 on--Bart ichast.E_. 374 on Snazyk/ Bingham Trevor A $75 off Budder Clinton F L 374 off Boudreau Rene Q ; before Feb.25/£6 377 Baud Membership/ Noe States on Miller Paul 3711 On & Off Fleserve P

99 0 9 2S ar0815390 MOTU PROPERTIES 4 0011

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INFORMATION FILE g DOCUMENT _ PAGE O. o I - A- T-1 N m C 6-310 NOT AVAILABLE AT TIME OF FILMING. DOES NOT EXIST. Ig OVERSIZE PLAN POOR QUALITY NOT SUITABLE FOR FILMING, REFER TO: C: 14-c-.:0 5cPe4a,1reLi ri 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. 185/2000
Type	order_in_council
Volume / chapter	arc oic 0185 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	3b7793895cb8cac4453e9c546b11c09192c29f82

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