The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 2nd day of June, 2011
Ian D. Izard, Q.C., Law Clerk
12.1.1 On the Effective Date, Yale First Nation Land comprises 1,966 hectares, more or less, including:
a. 217 hectares, more or less, of Former Indian Reserves described in Appendix B-2, Part 1 and identified for illustrative purposes in Appendix B-2, Part 2; and
b. 1,749 hectares, more or less, of Former Provincial Crown Land identified in Appendix B-3.
12.1.2 Without limitation to the generality of 22.3.1 any rights of the Yale Band:
a. to a one half interest in the sale of merchantable timber from Kuthlalth Indian Reserve #3; and
b. to firewood for personal use of Yale Band members from Kuthlalth Indian Reserve #3,
vest in Yale First Nation and the Yale First Nation Members on the Effective Date.
12.2.1 On the Effective Date, subject to 12.6.1 and 12.6.2, Yale First Nation owns Yale First Nation Land in fee simple, being the largest estate known in law, and that estate is not subject to any condition, proviso, restriction, exception, or reservation set out in the Land Act or any comparable limitation under Federal or Provincial Law.
12.2.2 In accordance with this Agreement, the Yale First Nation Constitution and any other Yale First Nation Law, Yale First Nation may, without the consent of Canada or British Columbia:
a. dispose of the whole of its fee simple interest in any parcel of Yale First Nation Land to any person; and
b. from the whole of its fee simple interest, or its interest in any parcel of Yale First Nation Land, create or dispose of any lesser estate or interest to any person, including rights of way and covenants similar to those in sections 218 and 219 of the Land Title Act.
12.2.3 Where Yale First Nation disposes of its fee simple interest in a parcel of Yale First Nation Land, that parcel of land does not cease to be Yale First Nation Land except as provided in 12.2.4, paragraph 12 of Appendix J-1 and paragraph 16 of Appendix J-2, or with the consent of Canada and British Columbia in accordance with 12.11.3.
12.2.4 Where Yale First Nation, by agreement, disposes of its fee simple interest in a parcel of Yale First Nation Land to Canada or British Columbia, that parcel of land will be removed from Yale First Nation Land and upon transfer of ownership of the land the Parties will amend Appendix B in accordance with 27.1.9 to reflect the removal, and that parcel of land will cease to be Yale First Nation Land when the amendment takes effect.
12.2.5 Yale First Nation may not dispose of its fee simple interest in a parcel of Yale First Nation Land until indefeasible title to that parcel of land has been registered in accordance with Chapter 13 Land Title.
12.2.6 If Yale First Nation disposes of its fee simple interest in a parcel of Yale First Nation Land to any person other than to a:
a. Yale First Nation Member;
b. Yale First Nation Corporation; or
c. Yale First Nation Public Institution,
expropriation of that land may occur in accordance with Federal or Provincial Law and not subject to 12.14, except 12.14.4, 12.15 or Appendix J, except for paragraph 12 of Appendix J-1 and paragraph 16 of Appendix J-2.
12.2.7 If, at any time, any parcel of or any interest in Yale First Nation Land finally escheats to the Crown, the Crown will transfer, at no cost, that parcel or interest to Yale First Nation.
12.2.8 All methods of acquiring a right in or over land by prescription or by adverse possession, including the common law doctrine of prescription and the doctrine of the lost modern grant, are abolished in respect of Yale First Nation Land.
12.2.9 An interest, reservation, or exception held by Yale First Nation or by a Yale First Nation Public Institution in any parcel of Yale First Nation Land:
a. the title to which is not registered in the Land Title Office; or
b. in respect of which no title application for registration in the Land Title Office has been made,
is not subject to attachment, charge, seizure, distress, execution or sale under a writ of execution, order for sale or other process unless the attachment, charge, seizure, distress, execution or sale under a writ of execution, order for sale or other process is:
c. made or issued for the purpose of enforcing, in accordance with its terms, a security instrument granted by Yale First Nation or by a Yale First Nation Public Institution;
d. allowed under Yale First Nation Law; or
e. made or issued for the purpose of enforcing a lien, charge or other encumbrance in favour of Canada or British Columbia.
12.3.1 Yale First Nation owns the Subsurface Resources on or under Yale First Nation Land.
12.3.2 Subject to 12.3.3, Yale First Nation, as owner of the Subsurface Resources on or under Yale First Nation Land, has the authority to set fees, rents, royalties and other charges, except taxes, for exploration, development, extraction and production of those Subsurface Resources.
12.3.3 Yale First Nation does not have the authority to establish fees, rents, royalties or other charges in relation to Subsurface Tenures or the exploration, development, extraction or production of Tenured Subsurface Resources.
12.3.4 12.3.2 does not limit British Columbia from determining, collecting or receiving administrative fees, charges or other payments relating to the exploration, development, extraction or production of Subsurface Resources on or under Yale First Nation Land.
12.4.1 Subject to 12.4.2, Submerged Lands do not form part of Yale First Nation Land and nothing in this Agreement affects British Columbia's ownership of Submerged Lands.
12.4.2 Submerged Lands which are part of Former Indian Reserves form part of Yale First Nation Land.
12.4.3 British Columbia will notify Yale First Nation of any proposed disposition of an interest in, or use or occupation of, Submerged Lands that are wholly contained within Yale First Nation Land.
12.4.4 British Columbia will not, in respect of Submerged Lands that are wholly contained within Yale First Nation Land:
a. grant an estate in fee simple;
b. grant a lease that, with any rights of renewal, may exceed 25 years;
c. transfer administration and control for a period that may exceed 25 years; or
d. otherwise dispose of an interest in, or authorize the use or occupation of, Submerged Lands if that disposition, use or occupation would adversely affect Yale First Nation Land or the Section 35 Rights of Yale First Nation,
without the consent of Yale First Nation.
12.4.5 12.4.3 and 12.4.4 do not affect the riparian rights of the upland owners of Yale First Nation Land adjacent to Submerged Lands.
12.4.6 No transfer of Submerged Lands to Yale First Nation in accordance with this Agreement includes the exclusive right to fish.
12.5.1 Yale First Nation will own lawful accretions to Yale First Nation Land.
12.5.2 Where Yale First Nation provides to British Columbia and Canada a certificate issued by the Surveyor General certifying that there has been lawful accretion under 12.5.1, upon receipt of the certificate by Canada and British Columbia, the Parties will amend Appendix B in accordance with 27.1.9 to reflect the change to the boundary of Yale First Nation Land and the accreted land will become Yale First Nation Land when the amendment takes effect.
General
12.6.1 On the Effective Date, the title of Yale First Nation to Yale First Nation Land is free and clear of all interests, except:
a. any applicable interests referred to in Appendix H-1;
b. any applicable interests referred to in Appendix H-2, until such time as the Yale First Nation Fee Simple Interests are granted under 12.6.3;
c. any applicable interests referred to in Appendix H-3 and H-4, until such time as the interests are granted under 12.6.4, unless the person entitled to the interest has agreed in writing under that section that the interest does not need to be granted or issued; and
d. any other interests in Yale First Nation Land already registered in the Land Title Office.
12.6.2 On the Effective Date, every interest, other than those referred to in 12.6.1, that encumbered or applied to Yale First Nation Land before the Effective Date ceases to exist.
12.6.3 On the Effective Date, Yale First Nation, a Yale First Nation Corporation or a Yale First Nation Public Institution will execute and deliver documents granting or issuing to each person identified in Appendix H-2, or any lawful successors, a Yale First Nation Fee Simple Interest, free and clear of all interests except any applicable interests referred to in Appendices H-1, H-2, H-3 and H-4. For greater certainty, Yale First Nation Law under 12.12.1 applies to Yale First Nation Fee Simple Interests.
12.6.4 On the Effective Date, Yale First Nation, a Yale First Nation Corporation or a Yale First Nation Public Institution will execute and deliver documents granting or issuing to each person named in Appendices H-3 and H-4, or any lawful successors, that person's interest as set out in that Appendix, unless that person has agreed in writing that the interest does not need to be granted or issued.
12.6.5 Documents referred to in 12.6.3 and 12.6.4 will be in the applicable form, if any, set out in Appendix H-5 and will include any modifications that the Yale Band and the holder of the interest have agreed to in writing before the Effective Date.
12.6.6 Documents referred to in 12.6.3 and 12.6.4 will be deemed to have legal effect on the Effective Date as though they had been prepared, executed and delivered by Yale First Nation, a Yale First Nation Corporation or a Yale First Nation Public Institution and by the applicable person named in Appendices H-2, H-3 and H-4 on that date.
12.6.7 Yale First Nation, a Yale First Nation Corporation or a Yale First Nation Public Institution will physically deliver the applicable document referred to in 12.6.3 and 12.6.4:
a. to the applicable person named in Appendices H-2, H-3 and H-4; or
b. to any other person who, before the Effective Date, was identified by the Parties as the person who, instead of a person named in Appendices H-2, H-3 and H-4, should receive an interest referred to in Appendices H-2, H-3 and H-4 for any reason, including death, any form of transfer, error or operation of law and the Parties will amend that Appendix in accordance with 27.1.9 to reflect the change.
12.6.8 If, after the Effective Date, the Parties determine that an interest granted under 12.6.3 or 12.6.4:
a. is in the name of a person who was not actually entitled to the interest on the Effective Date; or
b. contains a clerical error or a wrong description of a material fact,
the Parties will take reasonable measures to rectify the error.
12.6.9 If, after the Effective Date, Yale First Nation, a Yale First Nation Corporation or a Yale First Nation Public Institution requests that BC Hydro or Telus construct facilities for the provision of electrical or telecommunications services on Yale First Nation Land, Yale First Nation, a Yale First Nation Corporation or a Yale First Nation Public Institution will grant or issue to BC Hydro or Telus an interest for such facilities on terms substantially the same as those set out in Appendix H-5, Document 4 (Distribution Right of Way (BC Hydro and Telus)).
Continuing Interests
12.6.10 Each interest listed in Appendix H-1 continues to be held by the person who held that interest on the Effective Date in accordance with Provincial Law and with the terms and conditions of that interest existing on the Effective Date, modified where appropriate to reflect ownership of the land by Yale First Nation. If any such interest is not renewed or replaced when it expires in accordance with its terms or Provincial Law, that interest ceases to exist.
Indemnity
12.6.11 British Columbia will indemnify and forever save harmless Yale First Nation from any damages, losses, liabilities or costs, excluding fees and disbursements of solicitors and other professional advisors, that Yale First Nation may suffer or incur in connection with or as a result of any claims, demands, actions or proceedings relating to or arising out of:
a. the omission from Appendix H-1, H-2 or H-3 of the name of a person who, immediately before the Effective Date, had an interest in Yale First Nation Land that had been granted by British Columbia; or
b. the incorrect naming of a person in Appendix H-1, H-2 or H-3 as a person entitled to an interest, where another person was actually entitled, immediately before the Effective Date, to the interest in Yale First Nation Land that had been granted by British Columbia.
12.6.12 For greater certainty, Yale First Nation does not release Canada from any damages, losses, liability or costs that Canada may otherwise be liable for before the Effective Date in relation to:
a. the omission in Appendix H-2 of the name of an individual who, immediately before the Effective Date, had an interest in or certificate of possession in respect of a Former Indian Reserve that had been granted by Canada; or
b. the incorrect naming of an individual in Appendix H-2 as an individual entitled to an interest or certificate of possession, where another individual was actually entitled, immediately before the Effective Date, to the interest or the certificate of possession in respect of a Former Indian Reserve that had been granted by Canada.
Tenured Subsurface Resources
12.6.13 For greater certainty, Yale First Nation ownership of Subsurface Resources under 12.3.1 is subject to the Subsurface Tenures described in Appendix H-1, Part 1 and Part 2.
12.6.14 The Subsurface Tenures described in Appendix H-1, Part 1 and Part 2:
a. continue, as referred to in 12.6.1a, in accordance with Provincial Law and this Agreement; and
b. will be administered by British Columbia in accordance with Provincial Law and this Agreement.
12.6.15 Provincial Law applies to any exploration, development, extraction or production of Tenured Subsurface Resources as if the Tenured Subsurface Resources were owned by British Columbia.
12.6.16 In administering the Subsurface Tenures and Tenured Subsurface Resources, British Columbia may grant, as necessary, any related extensions, renewals, continuations or replacements, and issue any further related authorizations as the Tenured Subsurface Resources are developed.
12.6.17 In administering the Subsurface Tenures and Tenured Subsurface Resources, British Columbia will notify Yale First Nation before changing or eliminating any rents or royalties applicable to the Tenured Subsurface Resources.
12.6.18 British Columbia will:
a. ensure that any rents and royalties applicable to Tenured Subsurface Resources that British Columbia would have been entitled to receive after the Effective Date if those Tenured Subsurface Resources were owned by British Columbia, and any interest earned on those rents and royalties, are paid to Yale First Nation; and
b. retain any fees, charges or other payments for administrative purposes applicable to Subsurface Tenures and Tenured Subsurface Resources under Provincial Law.
12.6.19 Yale First Nation Land will be treated as Private Land under Provincial Law in respect of Subsurface Resources for the purposes of determining access rights and compensation rights associated with any proposed entrance, occupation or use of the surface by holders of Subsurface Tenures. For greater certainty, any disagreements between holders of Subsurface Tenures and owners of Yale First Nation Land in respect of entrance, occupation or use of an area of Yale First Nation Land may be resolved under Provincial Law relating to entrance and compensation disputes involving Subsurface Resources.
12.6.20 If a Subsurface Tenure is forfeited, abandoned, or surrendered to British Columbia under Provincial Law, the Tenured Subsurface Resources and Yale First Nation Land will no longer be subject to that Subsurface Tenure.
12.6.21 For greater certainty, nothing in this Agreement limits or restricts the operation of Federal or Provincial Law in respect of Subsurface Resources on or under Yale First Nation Land.
12.7.1 On the Effective Date, Former Indian Reserves are excluded from the designation as an agricultural land reserve under the Agricultural Land Commission Act.
12.7.2 On the Effective Date, the Yale First Nation Land described in Appendix F retains its designation as an agricultural land reserve under the Agricultural Land Commission Act.
12.7.3 Any land designated as an agricultural land reserve that is added to Yale First Nation Land in accordance with this Agreement retains its designation as an agricultural land reserve under the Agricultural Land Commission Act.
12.7.4 A designation of Yale First Nation Land as an agricultural land reserve may be removed by the Provincial Agricultural Land Commission under the Agricultural Land Commission Act.
12.7.5 Notwithstanding 12.12.2, with respect to Yale First Nation Land that retains its designation as an agricultural land reserve under 12.7.2 or 12.7.3, the Agricultural Land Commission Act prevails to the extent of a Conflict with a Yale First Nation Law under 12.12.1.
12.7.6 Yale First Nation Land that is not designated as an agricultural land reserve on the Effective Date will not be designated as an agricultural land reserve after the Effective Date without the consent of Yale First Nation.
12.8.1 In those cases where Adequate Surveys do not already exist, before the Effective Date the exterior boundaries will be surveyed in accordance with Survey Instructions to be issued by the Surveyor General by:
a. Canada in respect of Former Indian Reserves; and
b. British Columbia in respect of Former Provincial Crown Land.
12.8.2 Canada and British Columbia will, as agreed between them, pay the full cost of the surveys referred to in 12.8.1.
12.8.3 No new survey will be required under 12.8.1 where the Surveyor General determines that an Adequate Survey exists for that parcel.
12.9.1 The transfer of Former Indian Reserves to Yale First Nation in accordance with this Agreement does not, in and of itself, result in British Columbia being determined to be a Responsible Person in respect of any potential Contamination of any Former Indian Reserves.
12.9.2 British Columbia is not required to prepare and provide a Site Profile for any lands transferred to Yale First Nation in accordance with this Agreement.
12.10.1 Yale First Nation may request that Canada and British Columbia consent to a parcel of land being added to Yale First Nation Land.
12.10.2 British Columbia will consider a request by Yale First Nation under 12.10.1, if:
a. the fee simple interest in that parcel of land is owned by Yale First Nation;
b. the parcel of land is within the Yale First Nation Area; and
c. the parcel of land is outside of the boundaries of a municipality or is within the boundaries of a municipality and that municipality provides written consent.
12.10.3 In addition to the matters described in 12.10.2, in determining whether to consent to a request under 12.10.1, British Columbia may take into account such other matters as it considers relevant.
12.10.4 Canada will consider a request from Yale First Nation under 12.10.1 if:
a. the fee simple interest in that parcel of land is owned by Yale First Nation;
b. the parcel of land is within the Yale First Nation Area; and
c. the parcel of land is in an area free from overlap with another First Nation unless that other First Nation consents.
12.10.5 In addition to the matters described in 12.10.4, in determining whether to consent to a request under 12.10.1, Canada may take into account such other matters as it considers relevant.
12.10.6 If British Columbia and Canada consent to a request under 12.10.1, each will provide notice of its consent to the other Parties. Upon receipt by Yale First Nation of the notices, the Parties will amend Appendix B in accordance with 27.1.9 to reflect the addition, and the parcel of land will become Yale First Nation Land when the amendment takes effect.
Acquisition and Addition of Fee Simple Lands
12.10.7 If, within 50 years after the Effective Date, Yale First Nation, a Yale First Nation Member, a Yale First Nation Public Institution or a Yale First Nation Corporation, owns the fee simple interest in the parcel of land, or any portion thereof, identified for illustrative purposes as "Potential Additions to Yale First Nation Land", and legally described, in Appendix C, Maps 1 and 3 through 5, and:
a. where the owner of that parcel is a Yale First Nation Member, a Yale First Nation Public Institution or a Yale First Nation Corporation, that owner provides written consent; and
b. the registered holder of any financial charge or encumbrance provides written consent,
that parcel of land will be added to Yale First Nation Land after the completion of the process set out in 12.10.8.
12.10.8 Before the addition of a parcel of land to Yale First Nation Land under 12.10.7, Yale First Nation will:
a. hold discussions with the Fraser Valley Regional District and any resident of, or interest holder in, that parcel of land;
b. consider the provision of any service provided by the Fraser Valley Regional District or any municipality to that parcel of land;
c. consider the compatibility of any land use plan of Yale First Nation with any regional land use or transportation plan applying to that parcel of land; and
d. provide reasonable notice to Canada, British Columbia and the Fraser Valley Regional District in respect of the addition.
12.10.9 The notice provided by Yale First Nation under 12.10.8d will include information relating to:
a. the issues raised in the discussions undertaken in 12.10.8a and the measures taken to address those issues, if any; and
b. the matters set out in 12.10.8b and 12.10.8c.
12.10.10 Upon receipt by Canada, British Columbia and the Fraser Valley Regional District of the notice referred to in 12.10.8d, the Parties will amend Appendix B in accordance with 27.1.9 to reflect the addition and the parcel of land will become Yale First Nation Land when the amendment takes effect.
Acquisition and Addition of Toll Road East
12.10.11 If Yale First Nation or a Yale First Nation Member, a Yale First Nation Public Institution or a Yale First Nation Corporation, owns the fee simple interest in the parcel of land, or any portion thereof, identified for illustrative purposes as "Toll Road East" in Appendix C, Map 2, and:
a. where the owner of that parcel is a Yale First Nation Member, a Yale First Nation Public Institution or a Yale First Nation Corporation, that owner provides written consent; and
b. the registered holder of any financial charge or encumbrance provides written consent,
that parcel of land will be added to Yale First Nation Land after Yale First Nation provides reasonable notice to Canada, British Columbia and the Fraser Valley Regional District in respect of the addition.
12.10.12 Upon receipt by Canada, British Columbia and the Fraser Valley Regional District of the notice referred to in 12.10.11, the Parties will amend Appendix B in accordance with 27.1.9 to reflect the addition and the parcel of land will become Yale First Nation Land when the amendment takes effect.
12.10.13 If, in the process of adding a parcel of land to Yale First Nation Land under 12.10.11, it is determined that there is provincial Crown land within the lands described as "Toll Road East" in Appendix C, Map 2, British Columbia will offer to sell that land to Yale First Nation for fair market value.
12.10.14 If Yale First Nation acquires provincial Crown land under 12.10.13, that land will be added to Yale First Nation Land and the Parties will amend Appendix B in accordance with 27.1.9 to reflect the addition, and the land will become Yale First Nation Land when the amendment takes effect.
Emory Creek
12.10.15 If it is determined that the powerhouse associated with the current application for a Water License for a hydro power purpose on Emory Creek and tributaries (British Columbia application file 2002654) will be located on land other than the parcel of land described in Appendix B-3, Map 11, at the request of Yale First Nation, British Columbia and Yale First Nation will negotiate and attempt to reach agreement that will:
a. transfer the parcel of land described in Appendix B-3, Map 11 from Yale First Nation to British Columbia; and
b. transfer provincial Crown land of equivalent fair market value at the site of the proposed powerhouse from British Columbia to Yale First Nation.
12.10.16 If the hydro power project associated with the current application for a Water License for a hydro power purpose on Emory Creek and tributaries (British Columbia application file 2002654) does not proceed, at the request of Yale First Nation within 20 years of the Effective Date, British Columbia and Yale First Nation will negotiate and attempt to reach agreement that will:
a. transfer the parcel of land described in Appendix B-3, Map 11 from Yale First Nation to British Columbia; and
b. transfer provincial Crown land of equivalent fair market value that is adjacent to Yale First Nation Land from British Columbia to Yale First Nation.
12.10.17 If British Columbia and Yale First Nation are unable to reach agreement on the fair market value of the lands identified in 12.10.15 or 12.10.16, either Yale First Nation or British Columbia may refer the issue to be finally determined by arbitration in accordance with Chapter 24 Dispute Resolution, without having to proceed through Stages One and Two.
12.10.18 Upon the transfer of the lands referred to in 12.10.15 or 12.10.16, the Parties will amend Appendix B, in accordance with 27.1.9 to reflect the addition and removal of land from Yale First Nation Land, and the change in the status of the lands will occur when the amendment takes effect.
12.10.19 The interest of Yale First Nation in a parcel of land that is added to Yale First Nation Land under 12.10.18 and any interests that continue under 12.10.33 will be registered, or will remain registered, in the Land Title Office in accordance with this Agreement and the requirements of the Land Title Act.
12.10.20 Registration under 12.10.19 will be at no cost to Yale First Nation or the holder of an interest that continues under 12.10.33.
12.10.21 British Columbia will pay the full cost of surveying the exterior boundaries of a parcel of land that is added to Yale First Nation Land under 12.10.18.
12.10.22 Unless the Parties otherwise agree, 12.8, and 13.1.1 do not apply to the parcel of land described in Appendix B-3, Map 11.
12.10.23 If the hydro power project associated with the current application for a Water License for a hydro power purpose on Emory Creek and tributaries (British Columbia application file 2002654) does proceed and the proposed powerhouse is located on the parcel of land described in Appendix B-3, Map 11, then:
a. the interests of Yale First Nation in the parcel of land and any applicable interests referred to in Appendices H-3 and H-4 will be registered, or will remain registered, at no cost to Yale First Nation, in the Land Title Office in accordance with this Agreement and the requirements of the Land Title Act; and
b. British Columbia will pay the full cost of surveying the exterior boundaries of the parcel of land.
Top Landing
12.10.24 Notwithstanding 15.7, if BC Hydro, at its sole discretion before transmission works are constructed, determines that it is necessary to relocate or widen the Crown Corridor described in Appendix D-1, Map 6 onto Yale First Nation Land for the purpose of transmission works:
a. Yale First Nation will transfer the fee simple interest, including Subsurface Resources, of the applicable portion of Yale First Nation Land to British Columbia; and
b. British Columbia will transfer the fee simple interest, including Subsurface Resources, in provincial Crown land of equivalent fair market value to Yale First Nation.
12.10.25 If British Columbia and Yale First Nation are unable to reach agreement on the fair market value of the lands referred to in 12.10.24, either Yale First Nation or British Columbia may refer the issue to be finally determined by arbitration in accordance with Chapter 24 Dispute Resolution, without having to proceed through Stages One and Two.
12.10.26 Upon the transfer of the lands referred to in 12.10.24:
a. any Yale First Nation Land transferred to British Columbia will cease to be Yale First Nation Land and will become a Crown Corridor;
b. any portion of the Crown Corridor transferred to Yale First Nation will cease to be a Crown Corridor and will become Yale First Nation Land; and
c. any other provincial Crown land transferred to Yale First Nation will become Yale First Nation Land,
and upon such transfer, the Parties will amend Appendices B and D in accordance with 27.1.9 to reflect the relocation or widening of the Crown Corridor and the addition and removal of land from Yale First Nation Land, and the change in the status of the lands will occur when the amendment takes effect.
12.10.27 The interest of Yale First Nation in a parcel of land that is added to Yale First Nation Land under 12.10.26 and any interests that continue under 12.10.33 will be registered, or will remain registered, in the Land Title Office in accordance with this Agreement and the requirements of the Land Title Act.
12.10.28 Registration under 12.10.27 will be at no cost to Yale First Nation or the holder of an interest that continues under 12.10.33.
12.10.29 British Columbia will pay the full cost of surveying the exterior boundaries of a parcel of land that is added to Yale First Nation Land under 12.10.26.
12.10.30 Unless the Parties otherwise agree, 12.8 and 13.1.1 do not apply to the parcel of land described in Appendix B-3, Map 9.
12.10.31 If BC Hydro constructs transmission works on the Crown Corridor described in Appendix D-1, Map 6 as relocated or widened under 12.10.24, if applicable, then:
a. the interests of Yale First Nation in the parcels of land described in Appendix B-3, Map 9 and any applicable interests referred to in Appendices H-3 and H-4 will be registered, or will remain registered, at no cost to Yale First Nation in the Land Title Office in accordance with this Agreement and the requirements of the Land Title Act; and
b. British Columbia will pay the full cost of surveying the exterior boundaries of the parcels of land.
12.10.32 In the event that, after the Effective Date, the Kuthlalth Indian Reserve #3, or a portion thereof, is absolutely surrendered in accordance with the Indian Act to Canada by the Shxw'owhamel First Nation or declared by a court to be held in trust for the benefit of Yale First Nation:
a. Canada will undertake all necessary steps to transfer the fee simple interest in that parcel of land to Yale First Nation; and
b. that parcel of land will be added to Yale First Nation Land and upon Yale First Nation becoming owner of the land under 12.10.32a, the Parties will amend Appendix B in accordance with 27.1.9 to reflect the addition, and the parcel of land will become Yale First Nation Land when the amendment takes effect.
Continuation of Interests
12.10.33 A parcel of land added to Yale First Nation Land under 12.10 continues to be subject to any interest existing immediately before the parcel becomes Yale First Nation Land unless Yale First Nation and the holder of that interest otherwise agree in writing.
Subsurface Resources
12.10.34 Yale First Nation will own Subsurface Resources on or under land that is added to Yale First Nation Land under 12.10 if:
a. the fee simple interest includes ownership of Subsurface Resources; or
b. British Columbia and Yale First Nation agree.
12.10.35 British Columbia will not unreasonably withhold agreement under 12.10.34b.
12.10.36 For greater certainty, Yale First Nation's ownership of Subsurface Resources is subject to any existing Subsurface Tenures and those Subsurface Tenures continue to be administered by British Columbia in accordance with 12.6.13 through 12.6.21.
Other Matters
12.10.37 The amount of Yale First Nation Land identified in 12.14.4 will increase by five percent of the area, in hectares, of land that is added to Yale First Nation Land under 12.10.
12.10.38 Unless otherwise agreed by Yale First Nation, Canada and British Columbia, neither Canada nor British Columbia is responsible for the costs associated with the survey, registration and transfer of any parcel of land acquired by Yale First Nation after the Effective Date.
12.10.39 Canada and British Columbia are not required to assume financial or other obligations in respect of any addition to Yale First Nation Land under 12.10.
12.10.40 If Yale First Nation owns the fee simple interest in the Sawmill Creek One Main Line, upon request by British Columbia, Yale First Nation will offer to sell the Sawmill Creek One Main Line to British Columbia for fair market value.
12.10.41 Where British Columbia has made a request under 12.10.40, British Columbia and Yale First Nation will negotiate and attempt to reach agreement on the fair market value of the Sawmill Creek One Main Line. If British Columbia and Yale First Nation cannot agree on the fair market value of the Sawmill Creek One Main Line, either British Columbia or Yale First Nation may refer the matter to be finally determined by arbitration.
12.10.42 If British Columbia acquires the Sawmill Creek One Main Line under 12.10.40, any portion of Sawmill Creek One Main Line that is adjacent to Yale First Nation Land will become a Crown Corridor and the Parties will amend Appendix D-1 in accordance with 27.1.9 to reflect the addition, and the land will become a Crown Corridor when the amendment takes effect.
12.11.1 On or after the Effective Date, before disposing of the fee simple interest in a parcel of Yale First Nation Land, Yale First Nation may request the consent of Canada and British Columbia to having that parcel of land removed from Yale First Nation Land.
12.11.2 In considering whether to consent to a request under 12.11.1, Canada and British Columbia may consider:
a. necessary jurisdictional, administrative, and servicing arrangements;
b. the views of any affected Local Government or neighbouring First Nation;
c. whether the removal of the land will have an impact on fiscal arrangements negotiated between Yale First Nation and Canada or British Columbia;
d. whether the removal of the land will have any legal or financial implications for Canada or British Columbia; and
e. any other matter that Canada or British Columbia considers relevant.
12.11.3 If Canada and British Columbia consent to a request under 12.11.1, each will provide notice of its consent to the other Parties. After receipt by Yale First Nation of the notices and upon Yale First Nation disposing of the fee simple interest in the parcel of land, the Parties will amend Appendix B, in accordance with 27.1.9, to reflect the removal, and the parcel of land will cease to be Yale First Nation Land when the amendment takes effect.
Old Yale Road
12.11.4 On the Effective Date, Yale First Nation will transfer ownership of that portion of the "Old Yale Road" located on Stullawheets Indian Reserve #8, as shown on Highway Plan H-1080-3 (deposited in the Kamloops Land Title Office as Plan No. H847 and copy recorded in the Canada Lands Survey Records as Plan No. 52414), and labelled as "Old R/W" having an area of 0.34 acres (0.14 ha) and a width of 66 feet (20.117 m) as shown on said plan, and illustrated as "Road Transferred to British Columbia on the Effective Date" in Appendix B-2, Part 2, Map 8, including the Subsurface Resources, to British Columbia and it will cease to be Yale First Nation Land and will become a Crown Corridor.
12.11.5 Upon the transfer of the land under 12.11.4 the Parties will amend Appendices B and D in accordance with 27.1.9 to reflect the removal of land from Yale First Nation Land, and the change in the status of the lands will occur when the amendment takes effect.
12.12.1 Yale First Nation Government may make laws in respect of:
a. the use of Yale First Nation Land, including management, planning, zoning, and development;
b. the ownership and disposition of interests in Yale First Nation Land owned by Yale First Nation, a Yale First Nation Corporation, a Yale First Nation Public Institution or a Yale First Nation Member; and
c. expropriation for public purposes or public works by Yale First Nation Government of interests in Yale First Nation Land other than:
i. interests granted or continued on the Effective Date, or thereafter replaced in accordance with this Agreement, unless specifically provided for otherwise in this Agreement;
ii. interests expropriated by a Federal Expropriating Authority or a Provincial Expropriating Authority or otherwise acquired by Canada or British Columbia; and
iii. any other interests upon which the Parties have agreed in this Agreement,
if Yale First Nation Government provides fair compensation to the owner of the interest and the expropriation is of the smallest interest necessary for the public purpose or public work.
12.12.2 Yale First Nation Law under 12.12.1 prevails to the extent of a Conflict with Federal or Provincial Law.
12.12.3 For greater certainty, notwithstanding 12.12.2, Federal or Provincial Law in respect of the division of matrimonial real property prevails to the extent of a Conflict with Yale First Nation Law under 12.12.1b.
12.12.4 Notwithstanding 12.12.2, Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law in respect of Subsurface Resources under 12.12.1.
12.12.5 Notwithstanding 12.12.2, the Land Title Act prevails to the extent of a Conflict with Yale First Nation Law under 12.12.1.
12.12.6 Yale First Nation Law under 12.12.1b. in respect of interests that are recognized under Federal or Provincial Law must be consistent with Federal and Provincial Law in respect of estates or interests in land.
12.12.7 If a proposed development on Yale First Nation Land is likely to have adverse effects on federal or provincial interests, Yale First Nation will ensure that Canada or British Columbia, as appropriate, is consulted with respect to the proposed development.
12.12.8 Nothing in this Agreement confers authority on Yale First Nation Government to make laws in relation to development, production, use or application of, nuclear energy and atomic energy or the exploration, development, production, possession or use, for any purpose, of nuclear substances and prescribed substances, or to the development, production, possession or use, for any purpose, of prescribed equipment and prescribed information.
12.12.9 Nothing in this Agreement confers authority on Yale First Nation Government to make laws in respect of:
a. Subsurface Tenures and Tenured Subsurface Resources;
b. spacing and target areas related to Petroleum and Natural Gas; or
c. conservation and allocation of Petroleum and Natural Gas among parties having interests in the same reservoir.
12.13.1 Yale First Nation will identify risks associated with the possible failure of any dam, dike or other protective work for which Yale First Nation has responsibility, and develop plans for:
a. immediate local response in the event of a potential emergency;
b. quick notice to all other jurisdictions that may be threatened by the uncontrolled release of water; and
c. coordination with provincial authorities for disaster assistance when local capacity is exceeded.
12.13.2 Where Yale First Nation Land is vulnerable to flooding, Yale First Nation will, in the management of land use and development on those lands, consider any provincial guidelines respecting flood hazard management and land use and development.
12.14.1 British Columbia acknowledges as a general principle that where it is reasonable to use other means, expropriation of Yale First Nation Land under Provincial Law will be avoided.
12.14.2 Where a Provincial Expropriating Authority has determined that it must use Yale First Nation Land, the Provincial Expropriating Authority will make reasonable efforts to acquire the necessary interest through agreement with Yale First Nation.
12.14.3 Notwithstanding 12.14.1, 12.14.2, and 17.1.1 an interest in Yale First Nation Land may be expropriated by and for the use of a Provincial Expropriating Authority in accordance with Provincial Law, Appendix J-1 and with the consent of the Lieutenant Governor-in-Council.
12.14.4 Subject to 12.10.37, the total amount of fee simple interests in Yale First Nation Land that can be expropriated by all Provincial Expropriating Authorities will not exceed 98 hectares.
12.15.1 Canada and Yale First Nation agree that as a general principle Yale First Nation Land will not be subject to expropriation.
12.15.2 Notwithstanding 12.15.1, any interest in Yale First Nation Land may be expropriated by a Federal Expropriating Authority in accordance with Federal Law, Appendix J-2 and with the consent of the Governor-in-Council.
12.15.3 Nothing in this Agreement affects or limits the application of the Emergencies Act or any successor legislation, and the Emergencies Act continues to apply in all aspects to Yale First Nation Land.
12.16.1 Yale First Nation Government will make laws that will take effect on the Effective Date governing the establishment, amendment, repeal and content of community plans for Yale First Nation Land.
12.16.2 Yale First Nation Law under 12.16.1 will require that the community plans include:
a. a statement of objectives and policies that will guide decisions on land use planning and management of Yale First Nation Land; and
b. content similar to that required in the official community plans of Local Governments.
12.16.3 Yale First Nation may develop and adopt community plans on an incremental basis, provided that it will develop and adopt community plans for Yale First Nation Land within 10 years of the Effective Date.
12.16.4 Any development or use of Yale First Nation Land approved by Yale First Nation will be in accordance with a community plan adopted by Yale First Nation in accordance with this Agreement or a development plan in place as of the Effective Date.
12.16.5 Yale First Nation will consult with other organizations and authorities in respect of the development, amendment and repeal of its community plans similar to the manner and extent that Local Governments are required to consult with other organizations and authorities in respect of the development, amendment and repeal of their official community plans.