British Columbia Order in Council — Order under Land a) OIC 816/78 be rescinded (O.C. 912/2001)

O.C. 912/2001

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 912 , Approved and Ordered OCT 1 1 2001 -------- Lieutenant Governor Executive Council Chambers, Victoria On the recommendatrion of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that 1. Order in Council No. 816, approved and ordered April 6, 1978 be rescinded. 2. The administration, control and benefit of the lands described in

Schedule "A" of this order (the "Land") is, subject to Sections and of this order, transferred in perpetuity to Her Majesty the Queen in Right of Canada ("Canada"), for the use and benefit of the Skidegate 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. 3. 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 3(

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 otner 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 3(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 he advised of any work contemplated under the preceding paragraphs and shall be furnished with plans showing the location of the work and a reasonable time shall be allowed for consideration of the plans and for any necessary adjustments or arrangements in connection with the proposed work; (

d) Any person authorized by the province shall have the right to take from any part of the Land any gravel, sand, stone, lime, timber or other material which may be required in the construction, maintenance or repair of any road, ferry, bridge or other public works, paying to Canada in trust for the use and benefit of the Band a reasonable compensation for any material taken for use outside the boundaries of the and; (

e) all travelled streets, roads, trails and other highways existing over or through th ,.3 Land at the date this order comes into effect are excepted and reserved from this transfer; /2 Presiding r of t Execu iv- Counc - 2 - 4. 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. Minis er of Sustainable Resource Ma gement MSRM Tracking # 00-70 (This

part is for administrative purposes only and is not part of the Order.) File: 0362862 Authority under which Order is made: Act and section: Land Act,

Section 31,

Chapter RSBC Other (specify):

SCHEDULE "A" District Lots 3086, 3087 and 3088, Queen Charlotte District. The official plan of District Lots 3086, 3087 and is deposited in the Crown Land Registry in Victoria as Plan 2T1868. District Lots 3086, 3087 and are also shown as parcels 1, 2 and respectively on Plan recorded in the Canada Lands Survey Records at Ottawa. Containing a total area of 0.550 hectares more or less.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 912/2001
Type	order_in_council
Volume / chapter	arc oic 0912 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	4d035fc0cbb45ea41885ef1915fcc0621ff0f5dd

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