British Columbia Order in Council — Order under Indian Cut-Off Lands Disputes, Land Transfer of described land to Canada to fulfil provincial obligation under the Nazko Indian Band Settlement Agreement (O.C. 328/2001)

O.C. 328/2001

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 328 , Approved and Ordered MAR 3 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 to this Order-in-Council are, subject to sections and of this order, transferred to Her Majesty the Queen in right of Canada, for the use and benefit of the Nazko Indian 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 the Indians. 2. The transfer is subject to the following terms, reservations and restrictions: (

a) The Province or any person acting for it, subject to paragraph 2(c), shall have the right to resume any part of the lands 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 1/20 th of the whole of the lands. No resumption shall be made of any 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; (

b) 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 lands, as may be reasonably required for mining or agricultural purposes in the vicinity of the lands, paying a reasonable compensation to Canada in trust for the use and benefit of the Nazko Indian Band; (

c) The federal Minister for the time being responsible for Indian Affairs and Northern Development 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 lands 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 Nazko Indian Band a reasonable compensation for any material taken for use outside the boundaries of lands; and (

e) All travelled streets, roads, trails and other highways existing over or through the lands at the date this order comes into effect are excepted and reserved from this transfer; 3. This order comes into effect on the date that the transfer is accepted by Canada under the terms of the Federal Real Property Act (Canada), and this transfer is subject to the reservations and restrictions set out in this Order. Minister of Aboriginal Affairs Pres g Member of the Executive Council (This

part is jor administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Indian Cut-Off Lands Disputes Act, 1982,

section Lov,i( 7, I Other (specify): March 26, 2001

SCHEDULE A The Replacement Lands to be transferred by the Province to Canada to set apart as Blackwater Indian Reserve No. 1 will be as follows: Blackwater Indian Reserve No. 1, Cariboo District as shown on a plan recorded in the office of the Surveyor General of British Columbia as plan 36T1438, a copy of which said plan is recorded in the Canada Lands Surveys Records at Ottawa as plan 72264. The said Indian Reserve No contains 14.42 hectares (35.63 acres).

The Replacement Lands to be transferred by the Province to Canada to set apart as Ulkah Indian Reserve No. 3 will be as follows: District Lot 12963 (Ulkah Indian Reserve No. 3), Cariboo District, B.C., as shown on a plan recorded in the office of the Surveyor General of British Columbia as plan 1T1745, a copy of which said plan is recorded in the Canada Lands Surveys Records at Ottawa as plan 80190, saving and excepting thereout and therefrom and Highway as shown on plan 80190. The said District Lot contains 59.62 hectares (147.32 acres).

The Replacement Lands to be transferred by the Province to Canada to he set apart as Umliisle Indian Reserve No. 4 will be as follows: District Lot 12962 (Umliisle Indian Reserve No. 4) Cariboo District, B.C., as shown on plan in the office of the Surveyor General of British Columbia as plan 15T1742, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as plan 80191, saving and excepting thereout and therefrom, the Highway and Telegraph Line Reserve as shown on plan 80191. The said District Lot contains 46.15 hectares (114.03 acres).

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 328/2001
Type	order_in_council
Volume / chapter	arc oic 0328 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	fdd1db6c5a6f4a7a54e6a9fbdc065e551c2f8e09

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