The following electronic version is for informational purposes only.
The printed version remains the official version.
CHAPTER 15 ROADS AND CORRIDORS
15.1.1 Yale First Nation Roads are administered, controlled, and maintained by Yale First Nation.
15.1.2 The closure of a Yale First Nation Road, or a portion of it, is subject to 14.5, 14.6 and 14.7.
15.2.1 For greater certainty, Crown Corridors are not part of Yale First Nation Land and are owned by British Columbia.
15.2.2 The detailed location and dimensions of Crown Corridors are deemed to be described conclusively in plans registered in the Land Title Office under 13.1.1.
15.2.3 British Columbia will Consult with Yale First Nation regarding new uses or major road construction within Crown Corridors.
15.3.1 For greater certainty, Railway Corridors are not part of Yale First Nation Land.
15.3.2 If at any time British Columbia acquires, or otherwise assumes administration and control of, a Railway Corridor described in Appendix E-1, Part 1 or E-2, Part 1, or any portion thereof, and that land is no longer required for a Railway or any other public purpose, British Columbia will offer to sell that land to Yale First Nation by providing notice to Yale First Nation setting out:
a. a description of the parcel of land;
b. the purchase price of the land which, unless British Columbia and Yale First Nation otherwise agree, will be equal to the fair market value of the land;
c. any interests which the parcel of land will be subject to; and
d. any other terms and conditions applicable to the purchase and sale of the land.
15.3.3 An offer to sell a parcel of land under 15.3.2 will be open for acceptance by Yale First Nation for a period of one year from the receipt of the offer after which Yale First Nation is deemed to have refused the offer to sell, the offer to sell expires and British Columbia may otherwise dispose of the parcel of land.
15.3.4 If British Columbia and Yale First Nation disagree on the fair market value of any land offered for sale under 15.3.2, either British Columbia or Yale First Nation may refer the matter to be finally determined by arbitration in accordance with Chapter 24 Dispute Resolution, without having to proceed through Stages One and Two.
15.3.5 If Yale First Nation acquires a parcel of land in accordance with 15.3.2 through 15.3.4, that land will be added to Yale First Nation Land and upon Yale First Nation becoming owner of the land 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.
15.4.1 In addition to the provisions of Chapter 14 Access, British Columbia or any Public Utility and their respective agents, employees, contractors, subcontractors and other representatives have access to Yale First Nation Land, including Yale First Nation Roads, at no cost for the purpose of undertaking works, including:
a. constructing drainage works;
b. constructing or extending transmission or distribution works;
c. maintaining slope stability;
d. removing dangerous Timber or other hazards; or
e. carrying out vegetation management,
as required for the protection, care, maintenance, or construction of Provincial Roads or Public Utility works on or adjacent to Yale First Nation Land.
15.4.2 Unless otherwise agreed to by Yale First Nation, Timber removed from Yale First Nation Land under 15.4.1 is the property of Yale First Nation.
15.4.3 Before British Columbia or a Public Utility commences any work referred to in 15.4.1 on Yale First Nation Land, British Columbia or the Public Utility, as applicable, will:
a. provide notice to Yale First Nation of its intention to carry out work; and
b. if requested by Yale First Nation, deliver a work plan to Yale First Nation describing the effects and extent of the proposed work on Yale First Nation Land for approval, which will not be unreasonably withheld.
15.4.4 If, within 30 days of the delivery of a work plan delivered under 15.4.3b, Yale First Nation does not approve the content of the work plan, either British Columbia or Yale First Nation may refer the Disagreement to be finally determined by arbitration in accordance with Chapter 24 Dispute Resolution, without having to proceed through Stages One and Two.
15.4.5 Notwithstanding any other provision of this Agreement, British Columbia or a Public Utility may undertake works and take steps on Yale First Nation Land that are urgently required in order to protect works constructed on Crown Corridors or to protect persons or vehicles using Crown Corridors.
15.4.6 British Columbia or a Public Utility will notify Yale First Nation in writing that it has acted under 15.4.5.
15.4.7 The party acting under 15.4.1 will minimize the damage to and time spent on Yale First Nation Land, and will pay compensation for any damage to Yale First Nation Land that results from its actions.
15.4.8 British Columbia or Yale First Nation may refer a Disagreement in respect of compensation under 15.4.7 to be finally determined by arbitration in accordance with Chapter 24 Dispute Resolution, without having to proceed through Stages One and Two.
15.4.9 For greater certainty, as provided for in 12.6, Yale First Nation will grant or issue interests on Yale First Nation Land to any Public Utility identified in Appendix H-3 or H-4.
15.4.10 The terms and conditions of any interest granted or issued by Yale First Nation under 12.6 prevail to the extent of an inconsistency with 15.4.1 through 15.4.4, 15.4.7, or 15.4.8.
15.4.11 With the prior written approval of Yale First Nation, a Public Utility may extend existing works, or locate and install new works, on Yale First Nation Land on substantially the same terms and conditions as set out in Appendix H-5, Document 2 (Transmission Right of Way (BC Hydro)) or Document 4 (Distribution Right of Way (BC Hydro and Telus)), as applicable, where extending existing works or locating and installing new works is necessary to meet the demand for service on or off Yale First Nation Land.
15.4.12 Yale First Nation will not unreasonably withhold its approval under 15.4.11.
15.4.13 For greater certainty, nothing in 15.4.11 requires a Public Utility to obtain the approval of Yale First Nation for usual service extensions or connections to Public Utility works or to deliver and manage service to customers of a Public Utility.
15.4.14 Yale First Nation Law will not:
a. apply to the regulation of the business of a Public Utility, nor apply to the planning, development, construction, repair, maintenance, operation or decommissioning of the authorized works of a Public Utility; or
b. impair or frustrate a Public Utility's authorized use or occupation of:
i. any interest granted or issued to the Public Utility under this Agreement;
ii. Yale First Nation Land; or
iii. the works of a Public Utility located on Yale First Nation Land.
15.4.15 Yale First Nation's use and occupation of Yale First Nation Land will not impair or frustrate a Public Utility's authorized use or occupation of:
a. any interest granted or issued to the Public Utility under this Agreement;
b. Yale First Nation Land; or
c. the works of a Public Utility located on Yale First Nation Land.
15.5.1 Nothing in this Agreement limits the authority of British Columbia to regulate all matters relating to:
a. the location and design of intersecting Yale First Nation Roads giving access to Crown Corridors from Yale First Nation Land, including:
i. regulating or requiring signs, signals, or other traffic control devices;
ii. regulating or requiring merging lanes, on ramps and off ramps; or
iii. requiring contributions to the cost of the matters referred to in i and ii; and
b. the height and location of structures on Yale First Nation Land immediately adjacent to Crown Corridors, only to the extent reasonably required to protect the safety of the users of Crown Corridors.
15.5.2 British Columbia will provide Yale First Nation with any licence, permit or approval required under Provincial Law to join or cross a Provincial Road with a Yale First Nation Road if:
a. the application for the required licence, permit or approval complies with Provincial Law; and
b. the intersecting Yale First Nation Road complies with standards established under Provincial Law for equivalent Provincial Roads.
15.5.3 Subject to provincial requirements, including those set out in 15.5.1, British Columbia will not unreasonably deny Yale First Nation access to a Provincial Road from Yale First Nation Land.
15.5.4 Yale First Nation will Consult with British Columbia on any access or public safety issue associated with land use decisions relating to the development of Yale First Nation Land adjacent to Crown Corridors.
15.6.1 If British Columbia no longer requires any portion of a Crown Corridor with the exception of the Trans-Canada Highway, also known as Highway #1, it will transfer the estate in fee simple, including the Subsurface Resources, for that portion of the Crown Corridor to Yale First Nation.
15.6.2 If Yale First Nation acquires a portion of a Crown Corridor under 15.6.1, that land will be added to Yale First Nation Land and upon Yale First Nation becoming the owner of the land, the Parties will amend Appendices B and D in accordance with 27.1.9, and the change in the status of the lands will occur when the amendment takes effect.
15.6.3 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 15.6.2.
15.7.1 British Columbia may request that a portion of a Crown Corridor be relocated onto Yale First Nation Land and if:
a. the new location is reasonably suitable for use as a corridor;
b. British Columbia pays all reasonable costs associated with decommissioning that portion of the Crown Corridor; and
c. British Columbia and Yale First Nation reach agreement on the value of the land exchange,
Yale First Nation will not unreasonably refuse to provide its consent to the relocation.
15.7.2 If Yale First Nation requires a portion of a Crown Corridor for another purpose, Yale First Nation may request that a portion of a Crown Corridor be relocated, and if:
a. the new location is reasonably suitable for use as a corridor of a comparable standard considering construction, maintenance, operation, and costs;
b. British Columbia and Yale First Nation reach agreement on the value of the land exchange; and
c. Yale First Nation pays all reasonable costs, including costs of design, planning, supervision, land, and construction,
British Columbia will not unreasonably refuse to undertake the relocation.
15.7.3 If a Crown Corridor is relocated as a result of a consent provided by Yale First Nation or British Columbia in accordance with 15.7.1 or 15.7.2:
a. any portion of a Crown Corridor transferred to Yale First Nation will cease to be a Crown Corridor and will become Yale First Nation Land; and
b. any Yale First Nation Land transferred to British Columbia will cease to be Yale First Nation Land and will become a Crown Corridor,
and, upon any such transfer, the Parties will amend Appendices B and D in accordance with 27.1.9 to reflect the relocation of the Crown Corridor, and the change in the status of the lands will occur when the amendment takes effect.
15.8.1 Upon request of Yale First Nation, British Columbia will Consult with Yale First Nation with respect to regulation of traffic and transportation on a Crown Corridor that is adjacent to a settled area on Yale First Nation Land.