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| 1998 Legislative Session: 3rd Session, 36th Parliament FIRST READING |
| The following electronic version is for informational
purposes only. The printed version remains the official version. |
| BILL 51: NISGA'A FINAL AGREEMENT ACT -- SCHEDULE | CHAPTER 6 OF 22 |
1. Except as modified by this Agreement, the Nisga'a Nation, as owner of Nisga'a Lands, has the same rights and obligations in respect of public access to Nisga'a Lands as other owners of estates in fee simple have in respect of public access to their land, and in respect of Nisga'a Public Lands, the Nisga'a Nation has liabilities similar to those of the Crown in respect of unoccupied Crown land.
2. Nisga'a Lisims Government will allow reasonable public access to and onto Nisga'a Public Lands for temporary non-commercial and recreational uses, but public access does not include:
a. harvesting or extracting resources unless authorized by Nisga'a Lisims Government or as set out in this Chapter;
b. causing damage to Nisga'a Lands or resources;
c. causing mischief or nuisance; or
d. interfering with other uses authorized by Nisga'a Lisims Government, or interfering with the ability of Nisga'a Lisims Government to authorize uses of or dispose of Nisga'a Public Lands, or to designate Nisga'a Public Lands as Nisga'a Private Lands or Nisga'a Village Lands.
3. Nisga'a Lisims Government may make laws in accordance with the Nisga'a Government Chapter regulating public access to and onto Nisga'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.
4. Nisga'a Lisims Government will provide reasonable opportunities for the public to hunt and fish on Nisga'a Public Lands but, as the Nisga'a Nation is the owner of the land on the effective date, only Nisga'a citizens have the right to hunt and fish on Nisga'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 Nisga'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 Nisga'a Lisims Government agree should be included in the annual management plan, that may be harvested on Nisga'a Public Lands by persons other than Nisga'a citizens, having regard to Nisga'a preferences for harvesting wildlife under Nisga'a wildlife entitlements on Nisga'a Lands, and the availability of that species in the rest of the Nass Wildlife Area.
7. Nisga'a Lisims Government may, for the purpose of monitoring and regulating public access for hunting and fishing under paragraph 4, require persons other than Nisga'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. Nisga'a Lisims Government and British Columbia will take reasonable measures to notify the public of terms and conditions in respect of public access to and onto Nisga'a Public Lands.
9. Nisga'a Lisims Government will consult with Canada and British Columbia in respect of any proposed Nisga'a laws that would significantly affect the regulation of public access to and onto Nisga'a Public Lands.
10. Nisga'a Lisims Government will notify Canada and British Columbia of the location and boundaries of Nisga'a Village Lands and Nisga'a Private Lands.
11. If Nisga'a Lisims Government intends to change the locations or boundaries of Nisga'a Village Lands or Nisga'a Private Lands, it will provide reasonable notice to British Columbia and Canada of the proposed changes.
12. If Nisga'a Lisims Government intends to change the locations or boundaries of Nisga'a Village Lands or Nisga'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.
13. If the designation of Nisga'a Public Lands as Nisga'a Village Lands or Nisga'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, Nisga'a Lisims Government will provide reasonable alternative means of public access to that area or location.
14. This Agreement does not affect public rights of access on navigable waters within Nisga'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 Nisga'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 Nisga'a Lands under paragraphs 15 or 17 to the Nisga'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 Nisga'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 Nisga'a Lands under paragraphs 15 or 17 are subject to Nisga'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.
20. Agents, employees, and contractors of the Nisga'a Nation, Nisga'a Villages, and Nisga'a Corporations, and members of the Nisga'a Police Service, in accordance with laws of general application, may enter, cross, and stay temporarily on lands off of Nisga'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 Nisga'a Nation, Nisga'a Villages, or Nisga'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. Nisga'a citizens will have reasonable access to and onto Crown lands that are outside of Nisga'a Lands, including streams and highways, to allow for the exercise of Nisga'a rights set out in this Agreement and for the normal use and enjoyment of Nisga'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 Nisga'a citizens reasonable access or use of resources, as contemplated by paragraph 23, the Crown will ensure that alternative reasonable access is provided.
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, Nisga'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 Nisga'a Government agree on the terms of access.
26. If the Nisga'a Nation, a Nisga'a Village, a Nisga'a Corporation, or a Nisga'a citizen reasonably requires a right of access to a parcel of Nisga'a Fee Simple Lands, British Columbia may not unreasonably withhold consent to that access if:
a. the Nisga'a Nation, Nisga'a Village, Nisga'a Corporation or Nisga'a citizen offers fair compensation; and
b. the Nisga'a Nation, Nisga'a Village, Nisga'a Corporation or Nisga'a citizen and British Columbia agree on the terms of access.
27. British Columbia or Nisga'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.
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