British Columbia Order in Council — Order under Land, s (O.C. 527/2024)

O.C. 527/2024

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 Water, Land and Resource Stewardship 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: O20802917 On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders the following: (

a) the attached Transfer to Canada (West Moberly First Nation) Order is made; (

b) if the Transfer to Canada (West Moberly First Nation) Order does not come into effect in accordance with its terms within 10 years after the date this order is made, this order, if not rescinded by the Lieutenant Governor in Council any time before then, is rescinded. 527 July 16, 2024 TRANSFER TO CANADA (WEST MOBERLY FIRST NATION) ORDER Definition In this order, Schedule A lands means the lands described in

Schedule A. Transfer to Canada The administration, control and benefit, within the meaning of

section of the Land Act, of the

Schedule A lands are transferred, subject to sections and of this order, in perpetuity to Canada, for the use and benefit of the West Moberly First Nation, subject to the right of Canada to deal with the

Schedule A lands in accordance 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 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 privileges 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 West Moberly First Nation; (

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 and benefit of the West Moberly First Nation reasonable compensation for any material taken for use outside the boundaries of the

Schedule A lands; (

e) all highways within the meaning of the Transportation Act existing over or through the

Schedule A lands at the date this order comes into effect are excepted from this transfer; (

f) all geothermal resources, minerals and placer minerals, coal, petroleum, gas or fossils within the meaning of section 50 (1) (b) (

i) to (vi) of the Land Act that may be found in or under the

Schedule A lands are excepted from this transfer. Date this order comes into effect This order comes into effect on the date that the transfer referred to in

section is accepted by Canada under the terms of the Federal Real Property and Federal Immovables Act, subject to the terms, reservations and restrictions contained in this order.

SCHEDULE A All of Block A of District Lot 4526, Peace River District as shown on Plan EPC2385 filed in the Crown Land Registry. A copy of said plan is recorded as Plan in the Canada Lands Surveys Records. The lands described comprise about hectares.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 527/2024
Type	order_in_council
Volume / chapter	arc oic 0527 2024
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	f7de58b58160b49cd82d2071375d981e20390338

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