British Columbia Order in Council — Order under Land "Old Spit Road", Campbell River, transferred to the Government of Canada (O.C. 879/2000)

O.C. 879/2000

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. — 8 7 9 , Approved and Ordered JUN 5 2000 Lieutenant Governor 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: 1. The administration, control and benefit of the lands described in

Schedule "A" of this order (the "Land") is, subject to Sections 2 and 3 of this order, transferred in perpetuity to Her Majesty the Queen in Right of Canada ("Canada"), for the use and benefit of the Campbell River Indian Band, a band within the meaning of the Indian Act (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 the 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; (

h) 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 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 Land; .../2

/Presiding Me M in f Env iro ment, Lands and Parks - 2 - (

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; (

f) that Canada transfer the administration, control and benefit to the Province the lands described in

Schedule "B" of this order. 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. MELP Tracking # 99-83 (This

part is for administrative purposes only and is not part of the Order.) File: 0361746 Authority under which Order is nude: Act and section: Land Act -

Section 31,

Chapter 245 R.S.B.C. 1996 Other (specify): 3 9/z 0000 3

SCHEDULE "A" District Lot 1690, Sayward District. The official plan of District Lot 1690 is deposited in the Crown Land Registry in Victoria as Plan 9T1822. District Lot 1690 is also shown on Plan 82848 recorded in the Canada Lands Surveys Records at Ottawa. Containing a total area of 1.70 hectares more or less.

SCHEDULE "B" In the Province of British Columbia, In Sayward District In Campbell River Indian Reserve No. 11 All those portions of Campbell River Indian Reserve Number 11, shown as Lots 139, 141, and 142 on Plan 82227 recorded in the Canada Lands Surveys Records at Ottawa, a copy of the said plan is deposited in the Land Title Office in Victoria as Plan VIP68702. Containing a total area of 2.2627 hectares more or less.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 879/2000
Type	order_in_council
Volume / chapter	arc oic 0879 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	eb3d96d31314793a6ef9ce84dbdb65da516526e4

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