Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

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 6 OF 22

CHAPTER 6

ACCESS

NIS G A'A PUBLIC LANDS

Nis g a'a Rights and Obligations

1. Except as modified by this Agreement, the Nis g a'a

Nation, as owner of Nis g a'a Lands, has the same rights and obligations in respect

of public access to Nis g a'a Lands as other owners of estates in fee simple have in

respect of public access to their land, and in respect of Nis g a'a Public Lands, the

Nis g a'a Nation has liabilities similar to those of the Crown in respect of

unoccupied Crown land.

Reasonable Public Access

2. Nis g a'a Lisims Government will allow reasonable

public access to and onto Nis g a'a Public Lands for temporary non-commercial and

recreational uses, but public access does not include:

a. harvesting or extracting resources unless authorized by Nis g a'a

Lisims Government or as set out in this Chapter;

b. causing damage to Nis g a'a Lands or resources;

c. causing mischief or nuisance; or

d. interfering with other uses authorized by Nis g a'a Lisims

Government, or interfering with the ability of Nis g a'a Lisims Government to

authorize uses of or dispose of Nis g a'a Public Lands, or to designate Nis g a'a

Public Lands as Nis g a'a Private Lands or Nis g a'a Village Lands.

3. Nis g a'a Lisims Government may make laws in accordance

with the Nis g a'a Government

Chapter regulating public access to and onto Nis g a'a

Public Lands, for purposes such as:

a. public safety;

b. the prevention of nuisance or damage, including fires;

c. the protection of sensitive habitat areas or heritage sites; and

d. the prevention of harvesting or extracting of resources.

Public Access for Hunting and Fishing on Nis g a'a Public

Lands

4. Nis g a'a Lisims Government will provide reasonable

opportunities for the public to hunt and fish on Nis g a'a Public Lands but, as the

Nis g a'a Nation is the owner of the land on the effective date, only Nis g a'a

citizens have the right to hunt and fish on Nis g a'a Lands.

5. Hunting and fishing by the public under paragraph 4 will be

in accordance with paragraphs 6 and 7, federal and provincial laws of

general application, annual management plans, and any laws enacted by Nis g a'a

Lisims Government regulating public access.

6. An annual management plan will specify the level of harvest

of each designated species, and any other species that the Minister and Nis g a'a

Lisims Government agree should be included in the annual management plan, that may be

harvested on Nis g a'a Public Lands by persons other than Nis g a'a citizens,

having regard to Nis g a'a preferences for harvesting wildlife under Nis g a'a

wildlife entitlements on Nis g a'a Lands, and the availability of that species in the

rest of the Nass Wildlife Area.

7. Nis g a'a Lisims Government may, for the purpose of

monitoring and regulating public access for hunting and fishing under paragraph 4, require

persons other than Nis g a'a citizens to obtain a permit or licence. Those permits or

licences will be reasonably available at a reasonable fee taking into account the

administrative and other costs of the monitoring and regulating.

8. Nis g a'a Lisims Government and British Columbia will

access to and onto Nis g a'a Public Lands.

9. Nis g a'a Lisims Government will consult with Canada

and British Columbia in respect of any proposed Nis g a'a laws that would

significantly affect the regulation of public access to and onto Nis g a'a Public

Lands.

10. Nis g a'a Lisims Government will notify Canada and

British Columbia of the location and boundaries of Nis g a'a Village Lands and Nis g a'a

Private Lands.

11. If Nis g a'a Lisims Government intends to change the

locations or boundaries of Nis g a'a Village Lands or Nis g a'a Private Lands,

it will provide reasonable notice to British Columbia and Canada of the proposed changes.

12. If Nis g a'a Lisims Government intends to change the

locations or boundaries of Nis g a'a Village Lands or Nis g a'a Private Lands,

it will take reasonable steps to notify the public, and it will consider any views

advanced in respect of the proposed changes by any individual who would be adversely

affected, but the changes may not be set aside on the ground of insufficient notice.

Alternative Access

13. If the designation of Nis g a'a Public Lands as Nis g a'a

Village Lands or Nis g a'a Private Lands has the effect of preventing public access

to an area or location to which there is a public right of access under federal or

provincial laws of general application such as navigable waters or Crown roads, Nis g a'a

Lisims Government will provide reasonable alternative means of public access to that area

or location.

NAVIGABLE WATERS

14. This Agreement does not affect public rights of access on

navigable waters within Nis g a'a Lands.

CROWN ACCESS TO NIS G A'A LANDS

15. Agents, employees, and contractors of Canada or British

Columbia, police officers appointed under federal or provincial legislation, and members

of the Canadian Armed Forces, in accordance with federal and provincial laws of general

application, may enter, cross, and stay temporarily on Nis g a'a Lands to deliver and

manage programs and services, to carry out inspections under law, to enforce laws, to

carry out the terms of this Agreement, and to respond to emergencies.

16. Canada or British Columbia will give reasonable notice of

entry onto Nis g a'a Lands under paragraphs 15 or 17 to the Nis g a'a Nation:

a. before the entry if it is practicable to do so; or

b. in any event, as soon as practicable after the entry.

17. This Agreement does not limit the authority of Canada or

the Minister of National Defence to carry out activities related to national defence and

security, in accordance with federal laws of general application.

18. Canada will give reasonable notice of entry onto the Nass

Area under paragraph 17 to the Nis g a'a Nation:

a. before the entry if it is practicable to do so; or

b. in any event, as soon as practicable after the entry.

19. Persons who enter, cross, and stay temporarily on Nis g a'a

Lands under paragraphs 15 or 17 are subject to Nis g a'a laws except to the extent

that those laws unduly interfere with the carrying out of their duties, and they are not

subject to payment of fees or compensation except as required by federal or provincial law

in respect of the payment of fees or compensation for access on land owned in fee simple.

NIS G A'A ACCESS TO OTHER LANDS

20. Agents, employees, and contractors of the Nis g a'a

Nation, Nis g a'a Villages, and Nis g a'a Corporations, and members of the Nis g a'a

Police Service, in accordance with laws of general application, may enter, cross, and stay

temporarily on lands off of Nis g a'a Lands to deliver and manage government programs

and services, to carry out inspections under law, to enforce laws, to carry out the terms

of this Agreement, and to respond to emergencies.

21. Persons who enter, cross, and stay temporarily on lands

under paragraph 20 are not subject to payment of fees or compensation except to the extent

that federal or provincial law requires the payment of fees or compensation by or on

behalf of agents, employees, or contractors of federal or provincial governments.

22. The Nis g a'a Nation, Nis g a'a Villages, or Nis g a'a

Corporations will give reasonable notice of entry onto lands under paragraph 20 to Canada

or British Columbia as the case may be:

a. before the entry if it is practicable to do so; or

b. in any event, as soon as practicable after the entry.

23. Nis g a'a citizens will have reasonable access to and

onto Crown lands that are outside of Nis g a'a Lands, including streams and highways,

to allow for the exercise of Nis g a'a rights set out in this Agreement and for the

normal use and enjoyment of Nis g a'a interests set out in this Agreement, including

the use of resources for purposes incidental to the normal use and enjoyment of those

rights or interests, provided that this access does not interfere with other authorized

uses or the ability of the Crown to authorize uses or dispose of Crown land.

24. If an authorized use or disposition of Crown land would

deny Nis g a'a citizens reasonable access or use of resources, as contemplated by

paragraph 23, the Crown will ensure that alternative reasonable access is provided.

ACCESS TO FEE SIMPLE PROPERTIES

25. If the owner of a parcel of land identified in

Schedule 1

of Appendix B-2 reasonably requires a right of access to that parcel, Nis g a'a

Government may not unreasonably withhold consent to that right of access if:

a. the owner of the parcel offers fair compensation; and

b. the owner of the parcel and Nis g a'a Government agree on the

terms of access.

26. If the Nis g a'a Nation, a Nis g a'a Village, a

Nis g a'a Corporation, or a Nis g a'a citizen reasonably requires a right of

access to a parcel of Nis g a'a Fee Simple Lands, British Columbia may not

unreasonably withhold consent to that access if:

a. the Nis g a'a Nation, Nis g a'a Village, Nis g a'a

Corporation or Nis g a'a citizen offers fair compensation; and

b. the Nis g a'a Nation, Nis g a'a Village, Nis g a'a

Corporation or Nis g a'a citizen and British Columbia agree on the terms of access.

27. British Columbia or Nis g a'a Lisims Government may

refer a dispute respecting consent to a right of access, terms of access, or fairness of

compensation under paragraph 25 or 26 to be finally determined by binding arbitration

under the Dispute Resolution Chapter.

PREVIOUS

CONTENTS

NEXT

Copyright © 1998: Queen's Printer, Victoria, British Columbia, Canada