British Columbia Order in Council — Order under Land, s (O.C. 293/2020)

O.C. 293/2020

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria Minister of Forests, Lands, Natural Resource Operations and Rural Development Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Land Act, R.S.B.C. 1996, c. 245, s. 31 Other: O10306751 On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that (

a) the attached Transfer to Canada (Stellat’en First Nation) Order is made, (

b) Schedule A of Order in Council 682/1999 is amended (

i) by striking out “Parcel 3 (0.210 ha), Parcel 4 (1.29 ha.), and Parcel 5 (0.379 ha),” and substituting “Parcel 3 (0.210 ha), and Parcel 4 (1.29 ha),” and (ii) by striking out “3.363 hectares, more or less” and substituting “2.984 hect ares, more or less”, and (

c) if the Transfer to Canada (Stellat’en First Nati on) Order does not come into effect in accordance with its terms within 10 years after the date on which this order is made, this order, if not rescinded by Lieutenant Governor in Council at any time before then, is rescinded. 293 June 1, 2020 TRANSFER TO CANADA (STELLAT’EN FIRST NATION) ORDER

Definitions In this order: “Band” means the Stellat’en First Nation, a band within the meaning of the Indian Act (Canada); “Schedule A lands” means the lands described in

Schedule A. Transfer to Canada Subject to sections and of this order, th e administration, control and benefit, within the meaning of

section of the Land Act, of the

Schedule A lands are transferred in perpetuity to Canada for the use and benefit of the Band, subject to the right of Canada to deal with the

Schedule A lands in accord ance with applicable federal legislation from time to time in force with respect to lands reserved for Indians. Terms, reservations and restrictions of transfer to Canada The transfer to Canada under

section of this order is subject to the following terms, reservations and restrictions: (

a) the Province, or any person acting for it, has, subject to paragraph (c), the right to resume any part of the

Schedule A lands it considers necessary to resume for making roads, canals, bridges, towing paths or other works of public utility or convenience, which may not exceed 1/20th part of the whole of the

Schedule A lands and no resumption may be made of any part of the

Schedule A lands on which a building has been erected, or that may be in use as a garden or otherwise for the more convenient occupation of a building; (

b) any person authorized by the Province has, subject to paragraph (c), the right to take and occupy water privile ges and to have and enjoy rights of carrying water, as may be reasonably required for mining or agricultural purposes in the vicinity of the

Schedule A lands, over, through or under any part of the

Schedule A lands, paying reasonable compensation to Canada in trust for the use and benefit of the Band; (

c) the federal minister of the time being responsible for Indigenous services must be advised of any work contemplated under the preceding paragraphs and furnished with plans showing the location of the work, and a reasonable time must 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 has the right to take from any part of the

Schedule A lands any gravel, sand, stone, lime, timber or other material that may be required in the construction, maintenance or repair of any road, ferry, bridge or other public work, paying to Canada in trust for the use or benefit of the Band reasonable compensation for any material taken for use outside the boundaries of the

Schedule A lands; (

e) all travelled streets, roads, trails and other highways existing over or through the

Schedule A lands at the date this order comes into effect are excepted from this transfer. Date this order comes into effect Subject to any reservations and restrictions set out in this order, this order comes into effect on the date that the transfer referred to in

section is accepted by Canada under the Federal Real Property and Federal Immovables Act (Canada).

SCHEDULE A All of District Lot 8155, Range 5, Coast District, as shown on Plan EPC1758, filed in the Crown Land Registry. A copy of said plan is recorded as Plan in the Canada Lands Surveys Records. Lands described comprise about 0.367 hectares.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 293/2020
Type	order_in_council
Volume / chapter	arc oic 0293 2020
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	66b14fdf14b4901c7c975fdb2fc56002511c05a8

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