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
16.1.1 On the Effective Date, Yale First Nation owns all Forest Resources on Yale First Nation Land.
16.1.2 Yale First Nation Land will be treated as Private Land for the purposes of Provincial Law in respect of Forest Resources, Forest Practices and Range Practices.
16.1.3 Yale First Nation, as owner, has the exclusive authority to determine, collect and administer any fees, rent or other charges, except taxes, relating to the harvesting of Forest Resources on Yale First Nation Land.
16.2.1 Yale First Nation Government may make laws in respect of Forest Resources, Forest Practices and Range Practices on Yale First Nation Land.
16.2.2 Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 16.2.1.
16.3.1 Timber harvested from Yale First Nation Land is not subject to any legal requirement under Provincial Law for use or manufacturing in British Columbia.
16.3.2 Logs from Yale First Nation Land may be proposed for export under Federal Law and policy as if the Logs had been harvested from an Indian Reserve in British Columbia.
16.4.1 Nothing in this Agreement confers authority on Yale First Nation Government to make laws in respect of Timber marks, Timber marking or Timber scaling.
16.5.1 Yale First Nation is responsible for the control of insects, diseases, invasive plants, animals or abiotic factors on Yale First Nation Land that may affect the health of Forest Resources on Yale First Nation Land.
16.5.2 If Canada or British Columbia becomes aware of insects, diseases, invasive plants, animals or abiotic factors on their respective Crown lands that may threaten the health of Forest Resources on adjacent Yale First Nation Land, British Columbia or Canada, as the case may be, will notify Yale First Nation and:
a. in the case of British Columbia, British Columbia and Yale First Nation will use reasonable efforts to reach agreement on an appropriate response to address the impacts of such insects, diseases, invasive plants, animals or abiotic factors on Forest Resources on Yale First Nation Land and on provincial Crown lands, in accordance with Federal and Provincial Law; and
b. in the case of Canada, Canada and Yale First Nation will use reasonable efforts to reach agreement on an appropriate response to address the impacts of such insects, diseases, invasive plants, animals or abiotic factors on Forest Resources on Yale First Nation Land and on federal Crown lands, in accordance with Federal and Provincial Law.
16.5.3 If Yale First Nation becomes aware of insects, diseases, invasive plants, animals or abiotic factors on Yale First Nation Land that may threaten the health of Forest Resources on adjacent provincial or federal Crown lands, it will notify British Columbia or Canada, as the case may be, and:
a. in the case of British Columbia, Yale First Nation and British Columbia will use reasonable efforts to reach agreement on an appropriate response to address the impacts of such insects, diseases, invasive plants, animals or abiotic factors on Forest Resources on Yale First Nation Land and on provincial Crown lands, in accordance with Federal and Provincial Law; and
b. in the case of Canada, Yale First Nation and Canada will use reasonable efforts to reach agreement on an appropriate response to address the impacts of such insects, diseases, invasive plants, animals or abiotic factors on Forest Resources on Yale First Nation Land and on federal Crown lands, in accordance with Federal and Provincial Law.
16.5.4 For greater certainty, nothing in this Agreement limits the application of Federal or Provincial Law in relation to the health of Forest Resources.
16.6.1 Subject to the Wildfire Suppression Agreement entered into in accordance with 16.6.2, and subject to 16.6.3 and 16.6.5, Provincial Law in respect of the protection of resources from wildfire and for wildfire prevention and control applies to Yale First Nation Land as Private Land.
16.6.2 On the Effective Date the Parties will enter into a Wildfire Suppression Agreement that will set out how the costs incurred by British Columbia for wildfire control on Yale First Nation Land for wildfires that originate on such lands will be shared by British Columbia, Canada and Yale First Nation.
16.6.3 Subject to the limitations on the scope of Yale First Nation's responsibility to pay wildfire control costs set out in the Wildfire Suppression Agreement, Yale First Nation is responsible for one third of the costs incurred by British Columbia for wildfire control on Yale First Nation Land for wildfires that originate on such lands.
16.6.4 For greater certainty, the responsibility of Yale First Nation under 16.6.3 for the costs incurred by British Columbia for wildfire control does not include responsibility for any costs associated with wildfire control off Yale First Nation Land.
16.6.5 British Columbia will respond to a wildfire originating on Yale First Nation Land on the same priority basis as for provincial Crown lands and in accordance with any priorities as set by the Minister.
16.6.6 For the purposes of 16.6.2:
a. unless terminated at the written request of Yale First Nation, the Wildfire Suppression Agreement remains in effect between Yale First Nation and British Columbia on the same terms, subject to those terms that Yale First Nation and British Columbia negotiate, on a periodic basis; and
b. Canada's participation in the Wildfire Suppression Agreement is limited to assuming a share of costs under that agreement for a period of 10 years commencing on the Effective Date.
16.6.7 Subject to any cost sharing arrangement that may be in effect between Canada and British Columbia regarding wildfire suppression on lands provided under land claims agreements, Canada and British Columbia may, at their respective discretion, enter into new agreements from time to time in respect of Canada's continuing participation in the Wildfire Suppression Agreement following the 10 year period referred to in 16.6.6b.
16.6.8 Nothing in 16.6.2 or 16.6.3 limits the ability of any Party to pursue legal action against third parties.
16.6.9 At the request of Yale First Nation, or in accordance with Provincial Law, British Columbia may enter on Yale First Nation Land and assist in the provision of, or carry out, wildfire control.
16.7.1 British Columbia will ensure that on the Effective Date any right to harvest Timber granted under Provincial Law that applies to Yale First Nation Land ceases to be valid.
16.8.1 Unless otherwise requested by Yale First Nation, British Columbia will ensure that on the Effective Date, or as soon as practicable after that date, any obligations that apply on Yale First Nation Land with respect to Forest Practices and Range Practices, including road deactivation and reforestation, will be fulfilled in accordance with Provincial Law.
16.8.2 Yale First Nation will provide access to Yale First Nation Land, at no cost, to British Columbia and any interest holder whose rights to Forest Resources cease to be valid in accordance with 16.7.1, and to their respective employees, agents, contractors, successors or assigns, in order to fulfill the obligations referred to in 16.8.1.
16.9.1 British Columbia and Yale First Nation agree to share information with respect to Forest Practices and Range Practices on Yale First Nation Land and on provincial Crown land immediately adjacent to Yale First Nation Land from time to time.