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
CHAPTER 18 ENVIRONMENTAL PROTECTION
| 18.1 | YALE FIRST NATION LAWS |
| 18.2 | AGREEMENTS |
| 18.3 | ENVIRONMENTAL EMERGENCIES |
| 18.4 | YALE FIRST NATION COMMUNITY WATERSHED LAND |
18.1.1 Yale First Nation Government may make laws applicable on Yale First Nation Land to manage, protect, preserve and conserve the Environment including laws in respect of:
a. the prevention, mitigation and remediation of pollution and degradation of the Environment;
b. waste management, including solid wastes and wastewater;
c. the protection of local air quality; and
d. Environmental Emergency response.
18.1.2 Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 18.1.1.
18.2.1 The Parties may enter into agreements for cooperation and coordination on matters relating to the Environment that may affect Yale First Nation Land or the Yale First Nation Area.
18.3.1 Any Party may respond to an Environmental Emergency on Yale First Nation Land, or Crown land or waters 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.
18.3.2 The Party responding will, if possible, notify the person with primary responsibility in advance of taking action but otherwise will notify that person as soon as practicable after responding.
18.3.3 Yale First Nation may enter into agreements with Canada, British Columbia, Local Governments, Bands, or First Nation Governments in British Columbia for the prevention of, preparedness for, response to and recovery from Environmental Emergencies originating on Yale First Nation Land, or lands or waters immediately adjacent to Yale First Nation Land.
18.4.1 Yale First Nation acknowledges that, on the Effective Date, Yale First Nation Community Watershed Land is located within an area designated under Provincial Law as a community watershed in order to protect water being diverted for human consumption through a licensed waterwork.
18.4.2 Yale First Nation will manage, use and develop Yale First Nation Community Watershed Land in accordance with those standards and objectives established under Provincial Law for the purpose of protecting water being diverted for human consumption that apply to provincial Crown land adjacent to such lands.
18.4.3 British Columbia will Consult with Yale First Nation before discontinuing a community watershed designation that applies to Yale First Nation Community Watershed Land.
18.4.4 If British Columbia determines that any part of Yale First Nation Community Watershed Land is no longer required for the purpose of protecting water being diverted for human consumption, British Columbia will notify Yale First Nation and the obligation to manage, use and develop those lands in accordance with 18.4.2 will terminate.
18.4.5 For greater certainty, nothing in this Agreement limits the application of the Drinking Water Protection Act to Yale First Nation Community Watershed Land.