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1998 Legislative Session: 3rd Session, 36th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 22nd day of April, 1999

Ian D. Izard, Law Clerk

BILL 51: NIS G A'A FINAL AGREEMENT ACT –

SCHEDULE

CHAPTER 7 OF 22

CHAPTER 7

ROADS AND RIGHTS OF WAY

RIGHTS OF WAY GENERAL

British Columbia Rights of Way Area on Effective Date

1. On the effective date, the total rights of way area of the

British Columbia rights of way is deemed to equal 800 hectares, and this total is the

basis of calculations under paragraph 2.

Additional Public Rights of Way

2. After the effective date, the Nis g a'a Nation or a Nis g a'a

Village, on request by British Columbia, will grant to British Columbia, or to a public

utility, rights of way on Nis g a'a Lands for public purposes, including provincial

secondary roads or public utilities, in order to provide access or service to Nis g a'a

Lands or other lands, subject to the following:

a. any grant must be on reasonable terms including the location of

the requested right of way, its width considering the intended use, its effect on

neighbouring lands, and payment of fair compensation;

b. British Columbia is not entitled to a grant under this paragraph

if, on the date of the request, the total of the rights of way areas of all British

Columbia rights of way plus the area of the requested grant would exceed the aggregate

right of way maximum;

c. if any British Columbia right of way, or a portion of a British

Columbia right of way, terminates, the right of way area of the terminated right of way

will be excluded from the calculation of the total of the rights of way areas of all the

British Columbia rights of way for the purposes of calculating British Columbia's

entitlement in respect of the aggregate right of way maximum; and

d. if any dispute arises between British Columbia and the Nis g a'a

Nation or a Nis g a'a Village in respect of the rights or obligations of either

British Columbia, the Nis g a'a Nation or a Nis g a'a Village under this

paragraph, including a dispute in respect of British Columbia's entitlement to the grant

of a right of way for itself or for a public utility, or a dispute in respect of the terms

of the grant, then any party to that dispute may refer the dispute to be finally

determined by arbitration under Stage Three of the Dispute Resolution

Chapter without

having to proceed through Stage Two. The arbitrator's decision will be final on all

matters in dispute, but the arbitrator will not have the authority to require British

Columbia or a public utility to accept a grant of a right of way.

Preservation of Right to Grant Rights of Way and Approve Survey

Plans

3. The Nis g a'a Nation, and each Nis g a'a Village,

will preserve their respective rights to grant rights of way to British Columbia or a

public utility on all Nis g a'a Lands, and to approve all survey plans as set out in

paragraph 5.

Ownership of Works and Plant

4. Subject to any express provision, in respect of ownership,

in a grant of a right of way, all works, including road surfacing, bridges, drainage

works, public utility poles, wiring and related plant, underground piping, conduits and

related plant, that are located on that right of way area:

a. are the property of the grantee of that grant from the Nis g a'a

Nation or a Nis g a'a Village, for the duration of the grant; and

b. become the property of the Nis g a'a Nation or Nis g a'a

Village upon the termination of the grant.

Approval of Survey Plans

5. For each grant of a right of way given on the effective

date, the detailed location and dimensions of the right of way area will be deemed to be

described conclusively in survey plans approved by the Nis g a'a Nation and the

grantee, as follows:

a. a survey plan attached to a grant given on the effective date will

be deemed to be approved by the Nis g a'a Nation and the grantee; and

b. for any portion of a right of way area that is not described in

any survey plan attached to the grant given on the effective date, either the Nis g a'a

Nation or the grantee may deliver to the other, at any time, a survey plan for approval in

writing. If approval is not given within 30 days, then the Nis g a'a Nation or the

grantee may refer the matter in dispute to dispute resolution for final determination, as

set out in the grant.

Application of Nis g a'a Law

6. Nis g a'a laws apply to secondary provincial road

rights of way areas, public utility rights of way areas, and works under licence to

British Columbia or a public utility from the Nis g a'a Nation or a Nis g a'a

Village, to the extent that the Nis g a'a laws do not:

a. impair the ability to use and occupy a right of way area for the

purposes for which the right of way was granted;

b. specify a more stringent standard of design or operation for road

or utility works that are on a right of way area, or under licence, than is set out in

federal or provincial laws of general application in British Columbia; or

c. impair the ability to use any works under licence for the purposes

for which the licence was granted.

7. Any right of way, other interest, or licence, granted under

this

Chapter on the effective date, will be in the applicable form set out in Appendix C-3

or C-4 and will include any modification agreed upon in writing before the effective date

by the Nis g a'a Tribal Council and the person entitled to the right of way, other

interest, or licence.

NIS G A'A HIGHWAY

Ownership of the Nis g a'a Highway Corridor

8. As of the effective date, British Columbia owns the Nis g a'a

Highway corridor to use as a public highway, and the Parties will execute documents and

take reasonable steps to the extent necessary to provide British Columbia administration,

control, and ownership of the Nis g a'a Highway corridor.

Description of Nis g a'a Highway Corridor

9. As of the effective date, the Nis g a'a Highway

corridor consists of the lands set out in

Schedule A. The detailed location and dimensions

of the Nis g a'a Highway corridor are deemed to be described conclusively in survey

plans approved by the Nis g a'a Nation and British Columbia, as follows:

a. on or after the effective date, either the Nis g a'a Nation

or British Columbia may deliver to the other a survey plan of all or any portion of the

Nis g a'a Highway corridor for approval by the other in writing; and

b. if approval is not given within 30 days, then either the Nis g a'a

Nation or British Columbia may refer the matter to be finally determined by arbitration

under Stage Three of the Dispute Resolution Chapter.

Nis g a'a Highway Corridor Dimensions

10. Unless otherwise described in a survey plan approved under

paragraph 9, the width of the Nis g a'a Highway corridor is 30 metres, except that

the width is greater than 30 metres where required to include those:

a. bridges, drainage, and support works, and other road works; and

b. cuts and fills, plus an additional three metres on both sides,

measured from the toe of the fill, and from the top of the cut

that are part of the Nis g a'a Highway existing on the

effective date.

Closure of Nis g a'a Highway

11. If British Columbia discontinues and closes any portion of

the Nis g a'a Highway corridor:

a. it will transfer to the Nis g a'a Nation the estate in fee

simple, as described in paragraph 3 of the Lands Chapter, for that portion of the Nis g a'a

Highway corridor;

b. that portion of the Nis g a'a Highway corridor will cease to

be a part of the Nis g a'a Highway corridor; and

c. the Nis g a'a Nation may make that portion of the Nis g a'a

Highway corridor Nis g a'a Lands, in accordance with the process referred to in

paragraph 9 of the Lands Chapter.

Relocation of Nis g a'a Highway

12. If the Nis g a'a Nation or a Nis g a'a Village

requires a portion of the Nis g a'a Highway corridor for another purpose, the Nis g a'a

Nation or that Nis g a'a Village may request British Columbia to relocate that

portion of the Nis g a'a Highway corridor and, if:

a. the new location is reasonably suitable for use as a highway of a

comparable standard considering construction, maintenance, operation, and costs; and

b. the Nis g a'a Nation or that Nis g a'a Village pays all

reasonable costs, including costs of design, planning, supervision, land, and construction

British Columbia will not unreasonably refuse to undertake the

relocation.

13. If a portion of the Nis g a'a Highway corridor is

relocated:

a. British Columbia will transfer to the Nis g a'a Nation or Nis g a'a

Village, as the case may be, the estate in fee simple, as described in paragraph 3 of the

Lands Chapter, to that portion of the Nis g a'a Highway corridor that is abandoned;

b. that portion of the Nis g a'a Highway corridor will cease to

be a part of the Nis g a'a Highway corridor;

c. the Nis g a'a Nation may make that portion of the Nis g a'a

Highway corridor Nis g a'a Lands, in accordance with the process referred to in

paragraph 9 of the Lands Chapter; and

d. the Nis g a'a Nation or that Nis g a'a Village, as the

case may be, will transfer to British Columbia the estate in fee simple, as described in

paragraph 3 of the Lands Chapter, to the area of land in the relocated portion of the Nis g a'a

Highway corridor and that area of land will no longer be Nis g a'a Lands.

14. A relocation under paragraph 12 does not affect the

calculation of the total area of all British Columbia rights of way.

Highway Alignment

15. British Columbia will exercise its expropriation powers in

respect of fee simple lands, on the alignment of the Nis g a'a Highway, that are not

Nis g a'a Lands in the same manner as it exercises those powers in respect of

comparable highways elsewhere in British Columbia.

Nis g a'a Highway Extension to Highway 37

16. British Columbia will consider the extension of the Nis g a'a

Highway from Nass Camp to connect with Highway 37, in accordance with provincial

priorities and having regard to British Columbia's long term goal of completing that

extension.

SECONDARY PROVINCIAL ROADS

Secondary Provincial Roads Rights of Way Grants

17. On the effective date, the Nis g a'a Nation will grant

to British Columbia, in accordance with this Agreement, the rights of way for secondary

provincial roads as set out in Appendix C-1,

Part 3.

Form of Grant

18. Grants for secondary provincial road rights of way on the

effective date will be substantially in the form of Appendix C-4, Document 1 and will

include by reference all of the provisions of this Agreement that apply to secondary

provincial road rights of way, which provisions will be subject to any express provisions

in the grant.

19. Unless the Nis g a'a Nation and British Columbia

otherwise agree, grants for secondary provincial road rights of way granted after the

effective date will be in the form and on the terms referred to in paragraph 18.

Rights and Privileges

20. A grant of a right of way for a secondary provincial road

right of way area will provide British Columbia with the full, free and uninterrupted

right, liberty and right of way, in perpetuity, for the purposes of using, constructing,

re-constructing, repairing, improving, upgrading, and maintaining, as provided in this

Agreement:

a. a secondary provincial road on the right of way area as a road

open to the public;

b. a secondary provincial road on the right of way area as a road

open to industrial or resource users and, as safety permits, to the public; or

c. works for public utility purposes.

21. The grant in paragraph 20 will provide British Columbia,

its employees, representatives, agents, contractors, and permittees the right to enter

onto the secondary provincial road rights of way areas for the purposes referred to in

paragraph 20.

Secondary Provincial Road Rights of Way Area Dimensions

22. Unless otherwise described in a survey plan approved under

paragraph 5, the width of a secondary provincial road right of way area is 20 metres,

except that the width is greater than 20 metres where required to include those:

a. bridges, drainage, and support works, and other road works; and

b. cuts and fills, plus an additional three metres on both sides,

measured from the toe of the fill, and from the top of the cut

that are part of the secondary provincial road existing on the

effective date.

Nis g a'a Assignment of Secondary Provincial Road

23. The Nis g a'a Nation may not, without the written

consent of British Columbia, assign or transfer any of its interest in any Nis g a'a

Lands that are subject to a secondary provincial road right of way except to a Nis g a'a

Village.

24. Upon an assignment or transfer to a Nis g a'a Village:

a. the Nis g a'a Nation will, subject to a re-transfer or

re-assignment of the interest to the Nis g a'a Nation, be deemed to be released of

its obligations under the secondary provincial road right of way; and

b. the Nis g a'a Village will not assign or transfer the

interest to any third party without the written consent of British Columbia.

British Columbia Assignment of Secondary Provincial Road

25. British Columbia may not without the written consent of the

Nis g a'a Nation assign or transfer any of its interest in any secondary provincial

road right of way area except for an assignment to:

a. a British Columbia Crown corporation or other British Columbia

entity; or

b. to a lender as security for a borrowing by British Columbia

and no assignment or transfer will act as a release of any of

British Columbia's obligations as set out in this Agreement, or delegate, alter, or affect

any of the regulatory powers of British Columbia.

Indemnity For Secondary Provincial Roads

26. British Columbia will indemnify and save harmless the Nis g a'a

Nation and each Nis g a'a Village, as the case may be, from any:

a. costs, excluding fees and disbursements of solicitors and other

professional advisors;

b. damages;

c. losses; or

d. liabilities

that the Nis g a'a Nation or a Nis g a'a Village,

respectively, may suffer or incur in connection with, or as a result of, any claims,

demands, actions, or proceedings arising out of or relating to a secondary provincial road

right of way area, except to the extent that those costs, damages, losses, and liabilities

were caused by the Nis g a'a Nation or that Nis g a'a Village.

Abandonment of Secondary Provincial Roads

27. British Columbia may abandon any secondary provincial road

by giving written notice to the Nis g a'a Nation.

28. Subject to:

a. the express provisions in the grant of a right of way of a

secondary provincial road referred to in paragraph 27; and

b. agreement by the Nis g a'a Nation or a Nis g a'a Village

to assume responsibility for that secondary provincial road

British Columbia will be responsible to decommission that road,

remove any structures from it, or take the steps required under federal and provincial

laws of general application that apply to comparable roads adjacent to private lands.

29. If, under paragraph 28, there are no applicable federal or

provincial laws of general application, British Columbia will take the steps reasonably

required to protect adjacent Nis g a'a Lands and the public from damage or injury

that might result from the continued existence of the secondary provincial road.

30. The grant of a right of way will be terminated on the date

set out in the termination notice given under paragraph 27, except that British Columbia's

liability obligations, and obligations under paragraphs 28 and 29 existing at the date of

termination, will survive the termination.

Rights of Way for Secondary Provincial Road Extensions

31. On request of British Columbia and subject to the aggregate

right of way maximum, the Nis g a'a Nation or a Nis g a'a Village will give a

grant substantially in the form of Appendix C-4, Document 1 granting:

a. rights of way for secondary provincial roads for the three roads

connecting the North Hoodoo Road with the easterly boundary of Nis g a'a Lands as

shown generally in Appendix C-1,

Part 3; and

b. rights of way to extend or add to the provincial secondary roads

in accordance with paragraph 2.

CROWN ROADS

Public Utilities on Crown Road Rights of Way Areas

32. British Columbia will permit public utilities to use the

Nis g a'a Highway corridor and the secondary provincial road rights of way areas to

install, operate, and maintain utility transmission and distribution works to the extent

that, in the reasonable judgement of British Columbia, those works will not interfere with

the safe and prudent use of the existing road or existing public utility works.

Other Uses within Crown Road Rights of Way Areas

33. British Columbia will authorize the use of the Nis g a'a

Highway corridor and the secondary provincial road rights of way areas for uses other than

road and public utility uses as follows:

a. British Columbia will issue a permit for a use if:

i. the Nis g a'a Nation or a Nis g a'a Village has

issued a permit for that use, and

ii. in the reasonable judgment of British Columbia, the use will

be safe and will not interfere with the existing road or existing public utility works;

and

b. British Columbia may:

i. attach to a permit issued under subparagraph (

a) conditions in

respect of safety or interference,

ii. terminate a permit issued under subparagraph (

a) without

compensation if the use is unsafe or interferes with the existing or proposed road or

existing or proposed public utility works, or

iii. charge fees for a permit issued under subparagraph (a), which

do not exceed British Columbia's actual reasonable costs of issuing the permit.

Entry on Nis g a'a Lands Outside Crown Road Rights of Way

34. In addition to the provisions of paragraph 15 of the Access

Chapter, and subject to the provisions of a grant of a secondary provincial road right of

way, British Columbia, its employees, agents, contractors, or representatives may enter

onto Nis g a'a Lands outside the Nis g a'a Highway corridor, or outside a

provincial secondary road right of way area, for the purpose of undertaking works,

including:

a. constructing drainage works;

b. maintaining slope stability; or

c. removing danger trees or other hazards

as required for the protection, care, maintenance, or

construction of road or public utility works.

35. Before commencing any work referred to in paragraph 34,

British Columbia will deliver a written work plan describing the effect and extent of the

proposed work on Nis g a'a Lands to the Nis g a'a Nation or a Nis g a'a

Village, as the case may be, for approval.

36. The Nis g a'a Nation or a Nis g a'a Village, as

the case may be, will not unreasonably withhold approval of the work plan delivered by

British Columbia, considering the effect of the proposed work, including the cost of the

proposed work compared to the cost of alternate solutions, the extent of the risk of not

undertaking the proposed work, and the impact of the proposed work on Nis g a'a

Lands.

37. If British Columbia and the Nis g a'a Nation or a Nis g a'a

Village, as the case may be, do not agree on a work plan requested by British Columbia

within 30 days of receipt by the Nis g a'a Nation or that Nis g a'a Village of

the proposed work plan, either party may refer the disagreement to be finally determined

by arbitration under Stage Three of the Dispute Resolution Chapter, without having to

proceed through Stage Two.

38. In undertaking works referred to in paragraph 34, British

Columbia will minimize the damage to, and time spent on, Nis g a'a Lands.

39. British Columbia will pay fair compensation for any

interference with, or damage to, Nis g a'a Lands adjacent to the work referred to in

paragraph 34. Either party may refer a disagreement in respect of compensation to be

finally determined by arbitration under Stage Three of the Dispute Resolution Chapter.

40. Notwithstanding any other provision of this Agreement, in

an emergency, British Columbia may undertake works and take steps, on Nis g a'a

Lands, that are reasonably required to be taken immediately in order to protect works

constructed on the Nis g a'a Highway corridor or a secondary provincial road right of

way area, or to protect persons or vehicles using the Nis g a'a Highway or a

secondary provincial road.

41. In the event of an emergency referred to under paragraph

40, British Columbia will, as soon as practicable, notify the Nis g a'a Nation or the

relevant Nis g a'a Village, as the case may be, in writing that it has undertaken

emergency work on Nis g a'a Lands.

Consultation Regarding Traffic Regulation

42. Upon request of the Nis g a'a Nation or a Nis g a'a

Village, British Columbia will consult with the Nis g a'a Nation or that Nis g a'a

Village with respect to regulation of traffic and transportation on the Nis g a'a

Highway or a secondary provincial road that is adjacent to a settled area on Nis g a'a

Lands.

Access and Safety Regulation

43. British Columbia has the right to regulate all matters

relating to:

a. the location and design of intersecting roads giving access to the

Nis g a'a Highway or secondary provincial roads, including:

i. regulating or requiring signs, signals, and other traffic

control devices on Nis g a'a Highway corridor and the secondary provincial road

rights of way areas,

ii. regulating or requiring merging lanes, on ramps and off ramps,

iii. requiring contributions to the cost of (

i) and (ii) above;

and

b. the height and location of structures on Nis g a'a Lands

immediately adjacent to the Nis g a'a Highway corridor, or to a secondary provincial

road right of way area, only to the extent reasonably required to protect the safety of

the users of the Nis g a'a Highway and secondary provincial roads.

44. Subject to other provisions of this Agreement, British

Columbia has no authority to zone or otherwise regulate land use on Nis g a'a Lands

adjacent to the Nis g a'a Highway corridor or secondary provincial road rights of way

areas.

45. The Nis g a'a Nation or a Nis g a'a Village, as

the case may be, will consult with British Columbia on land use decisions relating to the

development of Nis g a'a Lands adjacent to the Nis g a'a Highway corridor.

Temporary Closure of Crown Roads

46. Subject to paragraph 47, British Columbia may temporarily

close a portion of the Nis g a'a Highway or a secondary provincial road for reasons

of safety, or for reasons of care and maintenance of the Nis g a'a Highway or a

secondary provincial road.

Administration of the Nis g a'a Highway and Secondary

Provincial Roads

47. British Columbia will administer the Nis g a'a Highway

and secondary provincial roads, including closing, abandoning, and maintaining them, in

the same manner as it administers comparable roads elsewhere in British Columbia.

Relocation of Secondary Provincial Roads

48. If the Nis g a'a Nation or a Nis g a'a Village

requires a portion of a secondary provincial road right of way area for another purpose,

the Nis g a'a Nation or that Nis g a'a Village may request British Columbia to

relocate that portion of the right of way area, and if:

a. the new location is reasonably suitable for use as a road of a

comparable standard considering construction, maintenance, operation, and costs; and

b. the Nis g a'a Nation or that Nis g a'a Village pays all

reasonable costs, including costs of design, planning, supervision, land, and construction

British Columbia will not unreasonably refuse to undertake the

relocation.

49. If a portion of a right of way is relocated under paragraph

48, the right of way will be terminated for the portion of the road right of way area that

is abandoned, and the Nis g a'a Nation or Nis g a'a Village will grant a new

right of way for the relocated secondary provincial road.

50. A relocation under paragraph 48 does not have any impact on

the calculation of the total rights of way area of British Columbia rights of way.

Maintenance

51. Subject to any agreement between British Columbia and the

Nis g a'a Nation or a Nis g a'a Village in respect of a secondary provincial

road, the Nis g a'a Nation and each Nis g a'a Village has no responsibility or

liability for maintenance or repair of the Nis g a'a Highway or a secondary

provincial road.

Use of Existing Gravel Pits on Nis g a'a Lands

52. British Columbia may enter, without charge, onto Nis g a'a

Lands to extract gravel materials from pits existing on the effective date to construct

and maintain the Nis g a'a Highway or secondary provincial roads.

53. As soon as practicable after the effective date, British

Columbia will prepare gravel management plans for the gravel materials pits existing on

the effective date as set out in

Schedule B, and submit them to the Nis g a'a Nation

or a Nis g a'a Village, as the case may be, for approval, which approval will not be

unreasonably withheld.

54. British Columbia, the Nis g a'a Nation and each Nis g a'a

Village will comply with the provisions of an approved gravel management plan.

55. Without preparing a gravel management plan, British

Columbia may continue to use a gravel materials pit that is not listed in

Schedule B and

that, as of the effective date, British Columbia has been using intermittently as a source

of gravel materials for local road maintenance, but if the rate of extraction from that

pit increases materially, British Columbia will prepare a gravel management plan for that

pit in accordance with paragraph 53.

Development of New Gravel Materials Pits on Nis g a'a Lands

56. Subject to paragraph 57, British Columbia may enter,

without charge, onto Nis g a'a Lands to locate and extract sufficient quantities of

unprocessed gravel materials from natural deposits as may exist on Nis g a'a Lands

for use by British Columbia to construct and maintain the Nis g a'a Highway or

secondary provincial roads.

57. Before undertaking any excavation for gravel material

samples or other exploration work on Nis g a'a Lands under paragraph 56, British

Columbia will prepare a written exploration plan, indicating generally the proposed

location of exploration and the method and extent of proposed work, for approval by the

Nis g a'a Nation or the Nis g a'a Village, as the case may be, which approval

will not be unreasonably withheld.

58. In respect of a written exploration plan under paragraph

57:

a. British Columbia will select a proposed location to explore for a

gravel materials pit, taking into account the effect of a development at that proposed

location on:

i. the lands adjacent to the proposed location, and

ii. any unique attributes of the lands at the proposed location

and adjacent lands; and

b. in considering whether to approve that plan, the Nis g a'a

Nation or a Nis g a'a Village, as the case may be, will take account of the cost

efficiencies of the proposed location in relation to alternate locations.

59. After approval is obtained under paragraph 57 for an

exploration plan, British Columbia will prepare and obtain approval for a gravel

management plan in accordance with paragraph 53 before commencing the development of any

gravel materials pit.

NIS G A'A ROADS GENERAL

Public Use and Right to Close Nis g a'a Roads to Public

60. Nis g a'a roads will be administered as follows:

a. the Nis g a'a Nation may close to the public any portion of a

Nis g a'a road that is not within Nis g a'a Village Lands; and

b. a Nis g a'a Village will permit public use of those Nis g a'a

roads on its Nis g a'a Village lands that would be open to the public in comparable

communities elsewhere in British Columbia, and accordingly may close a Nis g a'a road

in a Nis g a'a Village for safety reasons.

Maintenance

61. British Columbia is not responsible or liable for

maintenance or repair of a Nis g a'a road.

Development of Gravel Materials Deposits on Crown Lands for Nis g a'a

Use

62. Subject to paragraph 63, the Nis g a'a Nation may

enter onto Crown lands to locate and extract, without charge, sufficient quantities of

unprocessed gravel materials from natural deposits as may exist on Crown lands for use by

the Nis g a'a Nation for public purposes.

63. The rights and obligations of British Columbia set out in

paragraphs 52 to 59 and, as appropriate, British Columbia's normal application

procedures, will apply to the Nis g a'a Nation, in respect of the location,

development, and extraction of gravel materials on Crown lands, under paragraph 62.

64. British Columbia will not unreasonably withhold approval

for any exploration plan or gravel management plan prepared and submitted by the Nis g a'a

Nation under paragraph 63.

PRIVATE ROADS

Grant of Private Road Rights of Way as of the Effective Date

65. On the effective date, the Nis g a'a Nation will grant

private road rights of way for the private roads listed in Appendix C-1,

Part 3.

Form of Grant for Private Road Rights of Way

66. Grants for private road rights of way given on the

effective date will be substantially in the form of Appendix C-4, Document 2.

Termination of Private Rights of Way

67. Subject to the express provisions of a grant of a private

road right of way, upon the termination of the interest or right to which that private

road right of way provides access, the private road right of way will terminate.

UTILITIES GENERAL

Public Utility Rights of Way as of the Effective Date

68. On the effective date:

a. for public utility works located on a Crown road right of way area

on Nis g a'a lands, British Columbia will be deemed to have granted the public

utility the right to use the Crown road right of way area for the installation, operation,

and maintenance of the existing utility transmission and distribution works, subject to

regulation by British Columbia in the same manner as British Columbia regulates public

utilities on road rights of way elsewhere in British Columbia;

b. for Hydro works not located on a Crown road right of way area, the

Nis g a'a Nation will give the grants to Hydro, as set out in Appendix C-1,

Part 2,

substantially in the form set out in Appendix C-3, Document 1;

c. for BC TEL works not located on a Crown road right of way area,

the Nis g a'a Nation will give the grants to BC TEL as set out in Appendix C-1,

Part

2, substantially in the form set out in Appendix C-3, Document 2; and

d. to provide access across Nis g a'a Lands to Hydro rights of

way areas and works, the Nis g a'a Nation will grant to Hydro rights of way as set

out in Appendix C-1,

Part 3, substantially in the form contained in Appendix C-4, Document

Public Utilities on Crown Roads

69. Subject to this Chapter, public utilities may, with the

prior written approval of British Columbia, locate utility transmission and distribution

works on Crown roads rights of way areas.

Public Utilities on Nis g a'a Lands

70. Subject to this Chapter, Hydro and BC TEL may, with the

prior written approval of the Nis g a'a Nation or a Nis g a'a Village, locate

distribution works on Nis g a'a Lands to meet demands for service.

71. Hydro or BC TEL may, with the prior written approval of the

Nis g a'a Nation or a Nis g a'a Village, install new works on Nis g a'a

Lands and provide new service connections after the effective date on terms substantially

as set out in:

a. Appendix C-3, Document 1 for Hydro; and

b. Appendix C-3, Document 2 for BC TEL

so that Hydro and BC TEL have the opportunity to extend their

distribution systems according to their policies in other comparable communities in

British Columbia.

72. The Nis g a'a Nation and each Nis g a'a Village

will not unreasonably withhold approval for Hydro or BC TEL works referred to in paragraph

73. Nothing in paragraph 71 or 72 requires Hydro or BC TEL to

obtain approval from the Nis g a'a Nation or a Nis g a'a Village for usual

service extensions or connections to works on a Crown road right of way area or a public

utility right of way area.

Alterations to Hydro Rights of Way Areas

74. If under the terms of a grant of a Hydro right of way the

Nis g a'a Nation or a Nis g a'a Village requires Hydro to:

a. relocate a portion of the Hydro right of way area for Hydro

transmission or distribution works existing on the effective date; or

b. include within a Hydro right of way area Hydro transmission or

distribution works that:

i. are located on Nis g a'a Lands outside of a Crown road

right of way area or Hydro right of way area; and

ii. exist on the effective date

the relocation or inclusion will not have any impact on the

calculation of the total rights of way area of British Columbia rights of way.

SCHEDULE A – NIS G A'A HIGHWAY CORRIDOR

Section A -

Kincolith to that part of the southerly boundary of former Lachkaltsap Indian Reserve

No. 9, shown as being the southerly boundary of Block A of District Lot 7051, Cassiar

District, on Plan 12431, excluding the portion within District Lot 2 and District Lot

3965, being Red Bluff Indian Reserve No. 88, both in Range 5 Coast District

Maps 103I.091, 103I.092, 103P.001, 103P.002, and 103P.003

Section B -

From the southerly boundary of former Lachkaltsap Indian Reserve No. 9 shown as being

Block A of District Lot 7051, Cassiar District, on Plan 12431, to the southerly boundary

of former Zaulzap Indian Reserve No. 29, being the southerly boundary of Anhluut'uksim

La x mihl Angwinga'Asanskwhl Nis g a'a (a.k.a Nis g a'a Memorial Lava

Bed Park)

Maps 103P.003, 103P.004, and 103P.014

Section C -

Anlaw Road (Gitwinksihlkw Access Road) between the easterly boundary of former

Gitwinksihlkw Indian Reserve No. 7 and the left natural boundary of Nass River, which is

also a portion of the boundary of Anhluut'uksim La x mihl Angwinga'Asanskwhl

Nis g a'a (a.k.a Nis g a'a Memorial Lava Bed Park) as shown on Land Act

Survey Plan 11 Tube 1711

Map 103P.014

Section D -

Section running between the right natural boundary of Tseax River and the northerly

boundary of the BC Hydro right of way lying within District Lot 1726, as shown on Plan

7237 on deposit in the Land Title Office in Prince George

Maps 103P.025 and 103P.026

Section E -

Aiyansh Road No. 180 between the Nis g a'a Highway running through the Southeast

1/4 of District Lot 4011, Cassiar District, and the northerly boundary of the Northeast

1/4 of District Lot 4012, being part of the boundary of former New Aiyansh Indian Reserve

No. 1 as shown on RS5608 (52-09-14)

Map 103P.025

Section F -

Nass Forest Service Road (FSR 7876.01 –

Section 01) running from junction of Nis g a'a

Highway with Road No. 325 northeasterly to its intersection with the boundary of Nis g a'a

Lands within District Lot 1751, Cassiar District

Maps 103P.026 and 103P.036

SCHEDULE B – GRAVEL MATERIALS PITS ON NIS G A'A

LANDS

Aiyansh Pit (Sandhill)

Pit No. 5221

103P.025

Anudol Pit

Pit No. 5223

103P.003

Ansedagan Pit

Pit No. 5233

103P.014

Ginlulak Quarry

Pit No. 5224A

103P.003

Ksedin Pit

Pit No. 5222

103P.004

Kwinhak Pit

Pit No. 5256

103P.003

Zaulzap Quarry

Pit No. 5206

103P.014

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