British Columbia Order in Council — Order under Land Transfer of described land to the Kamloops Indian Band (O.C. 1011/2001)

O.C. 1011/2001

British Columbia — Orders in Council

enant Governor PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council Number 1011 , Approved and Ordered NOV 2 Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the transfer set out in the attached Appendix is made. Minister of Sustainable Resource Management Presid ember f the Executive ouncil MSRM Tracking #01-30 (This

part is for administrative purposes only an' is not part of the Order) Authority under which Order is made: File: 0362940 Act and section: Land Act, RSBC 1996, c. 245,

section Other (specify): b /200 I/37/mgm October 12, 2001 APPENDIX Subject to

section 3, it is ordered that: 1. The administration, control and benefit of the lands described in

Schedule "A" of this order (the "Land") is, subject to

Section of this order, transferred in perpetuity to Her Majesty the Queen in Right of Canada ("Canada"), for the use and benefit of the Kamloops Indian Band (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 arrargements in connection with the proposed work; (

d) any person authorized by the Province shall hay e 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; (

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. 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.

Schedule "A" All of Parcel F, Kamloops Division of Yale District, as shown on plan recorded in the Canada Lands Surveys Records at Ottawa, a copy of which is deposited at the Land Title Office at Kamloops as Plan KAP48281. Total area = 0.1884 hectares more or less

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1011/2001
Type	order_in_council
Volume / chapter	arc oic 1011 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	462c3f23644da1d9d382001ed4a3cb63be486090

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