CHAPTER 14 ACCESS

14.1 GENERAL
14.2 YALE FIRST NATION LAWS
14.3 YALE FIRST NATION ACCESS TO CROWN LANDS
14.4 YALE FIRST NATION ACCESS TO YALE FIRST NATION LAND
14.5 CROWN ACCESS TO YALE FIRST NATION LAND
14.6 ACCESS TO INTERESTS AND ESTATES IN FEE SIMPLE
14.7 PUBLIC ACCESS TO FROZEN LAKES LAND
14.8 ACCESS TO YALE FIRST NATION LAND
14.9 EMERGENCIES AND NATURAL DISASTERS

14.1  GENERAL

14.1.1  Except as modified by this Agreement, as owner of Yale First Nation Land, Yale First Nation has the same rights and obligations in respect of public access to, occupation of, and trespass on, Yale First Nation Land as owners of estates in fee simple have in respect of their land.

14.1.2  Nothing in this Agreement affects the public right of navigation.

14.2  YALE FIRST NATION LAWS

14.2.1  Yale First Nation Government may make laws in respect of access to Yale First Nation Land.

14.2.2  Yale First Nation Law under 14.2.1 prevails to the extent of a Conflict with Federal or Provincial Law.

14.2.3  Notwithstanding 14.2.2, Federal and Provincial Law prevails to the extent of a Conflict with a Yale First Nation Law under 14.2.1 in respect of public access to Frozen Lakes Land.

14.3  YALE FIRST NATION ACCESS TO CROWN LANDS

14.3.1  Agents, employees, contractors, subcontractors and other representatives of Yale First Nation have access, in accordance with Federal and Provincial Law, at no cost, to Crown lands in order to:

a. deliver and manage programs and services;

b. carry out duties under Yale First Nation Law;

c. enforce Yale First Nation Law;

d. respond to emergencies; or

e. carry out the terms of this Agreement.

14.3.2  If practicable, persons who access federal Crown land under 14.3.1 will provide Canada with reasonable notice before accessing those lands.

14.4  YALE FIRST NATION ACCESS TO YALE FIRST NATION LAND

14.4.1  If an authorized use or disposition of provincial Crown land would deny Yale First Nation Members reasonable access to Yale First Nation Land, British Columbia will provide Yale First Nation Members with reasonable alternative means of access to Yale First Nation Land.

14.4.2  British Columbia or Yale First Nation may refer any Disagreement in respect of 14.4.1 to be finally determined by arbitration in accordance with Chapter 24 Dispute Resolution without having to proceed through Stages One and Two.

14.5  CROWN ACCESS TO YALE FIRST NATION LAND

14.5.1  Agents, employees, contractors, subcontractors and other representatives of Canada, British Columbia, Public Utilities, Railways, and members of the Canadian Armed Forces, and peace officers, have access, in accordance with Federal and Provincial Law, at no cost, to Yale First Nation Land in order to:

a. deliver and manage programs and services;

b. carry out duties under Federal and Provincial Law;

c. enforce laws;

d. respond to emergencies;

e. access Crown land, including Submerged Lands, located adjacent or in close proximity to Yale First Nation Land if no other reasonable access exists across Crown land; and

f. carry out the terms of this Agreement.

14.5.2  Nothing in this Agreement limits the authority of Canada or the Minister of National Defence to carry out activities related to national defence and security on Yale First Nation Land, without payment of any fees or other charges to Yale First Nation except as provided for under Federal Law.

14.6  ACCESS TO INTERESTS AND ESTATES IN FEE SIMPLE

14.6.1  Yale First Nation will allow reasonable access to Yale First Nation Land, at no cost, to the interests listed in Appendices H-1 through H-4, consistent with the terms and conditions of those interests.

14.6.2  If no other reasonable access exists across provincial Crown land, Yale First Nation will allow reasonable access across Yale First Nation Land:

a. to any interest located on or beneath lands adjacent, or in close proximity to, Yale First Nation Land, consistent with the terms and conditions of those interests; and

b. to an estate in fee simple located adjacent, or in close proximity to, Yale First Nation Land.

14.6.3  British Columbia or Yale First Nation may refer any Disagreement in respect of 14.6 to be finally determined by arbitration in accordance with Chapter 24 Dispute Resolution, without having to proceed through Stages One and Two.

14.7  PUBLIC ACCESS TO FROZEN LAKES LAND

14.7.1  Yale First Nation will allow reasonable public access to Frozen Lakes Land for temporary recreational and non-commercial purposes, including reasonable opportunities for the public to hunt and fish.

14.7.2  Public access does not include:

a. harvesting or extracting resources unless authorized by Yale First Nation or as in accordance with this Agreement;

b. causing damage to land or resources; or

c. causing nuisance.

14.7.3  Yale First Nation may authorize uses of or dispose of portions of Frozen Lakes Land and any such authorized use or disposition may affect the methods, times and locations of public access, provided that Yale First Nation ensures that those authorized uses or dispositions do not deny reasonable public access under 14.7.1.

14.7.4  For greater certainty, public access under 14.7.1 will be in accordance with any applicable Yale First Nation Law under 14.2.1.

14.7.5  Yale First Nation will take reasonable measures to notify the public of the terms and conditions respecting public access to Frozen Lakes Land.

14.7.6  Yale First Nation's liability for public access to the Frozen Lakes Land is comparable to the liability of the provincial Crown for public access to unoccupied provincial Crown lands.

14.8  ACCESS TO YALE FIRST NATION LAND

14.8.1  Yale First Nation will consider a request by an individual for Reasonable Access to Yale First Nation Land other than Frozen Lakes Land and may refuse such request on reasonable grounds. In the event that Yale First Nation accepts the request, Yale First Nation will provide the individual with a Permit, or otherwise allow Reasonable Access to the requested site.

14.8.2  For greater certainty, access under 14.8.1 will be in accordance with any applicable Yale First Nation Law under 14.2.1.

14.9  EMERGENCIES AND NATURAL DISASTERS

14.9.1  Any Party may respond to an emergency or natural disaster on Crown land or Yale First Nation Land or the bodies of water immediately adjacent to Yale First Nation Land, if the person with primary responsibility for responding has not responded, or is unable to respond, in a timely way.

14.9.2  The Party responding will, if possible, notify the person with primary responsibility in advance of taking action but, in any case, will notify that person as soon as practicable after responding.

14.9.3  In the event of a provincial declaration of emergency or natural disaster, access to Yale First Nation Land will be in accordance with Federal or Provincial Law.

[ Previous | Next ]