NISGA'A PUBLIC LANDS
Nisga'a Rights and Obligations
- Except as modified by this Agreement, the
Nisga'a Nation, as owner of Nisga'a Lands, has the same rights
and obligations in respect of public access to Nisga'a Lands
as other owners of estates in fee simple have in respect of
public access to their land, and in respect of Nisga'a Public
Lands, the Nisga'a Nation has liabilities similar to those of
the Crown in respect of unoccupied Crown land.
Reasonable Public Access
- Nisga'a Lisims Government will allow
reasonable public access to and onto Nisga'a Public Lands for
temporary non-commercial and recreational uses, but public access
does not include:
- harvesting or extracting resources unless
authorized by Nisga'a Lisims Government or as set out in
this Chapter;
- causing damage to Nisga'a Lands or resources;
- causing mischief or nuisance; or
- interfering with other uses authorized
by Nisga'a Lisims Government, or interfering with the ability
of Nisga'a Lisims Government to authorize uses of or dispose
of Nisga'a Public Lands, or to designate Nisga'a Public
Lands as Nisga'a Private Lands or Nisga'a Village Lands.
- Nisga'a Lisims Government may make
laws in accordance with the Nisga'a Government Chapter regulating
public access to and onto Nisga'a Public Lands, for purposes
such as:
- public safety;
- the prevention of nuisance or damage,
including fires;
- the protection of sensitive habitat
areas or heritage sites; and
- the prevention of harvesting or extracting
of resources.
Public Access for Hunting and Fishing on
Nisga'a Public Lands
- Nisga'a Lisims Government will provide reasonable
opportunities for the public to hunt and fish on Nisga'a Public
Lands but, as the Nisga'a Nation is the owner of the land on
the effective date, only Nisga'a citizens have the right to
hunt and fish on Nisga'a Lands.
- Hunting and fishing by the public under
paragraph 4 will be in accordance with paragraphs 6 and 7, federal
and provincial laws of general application, annual management
plans, and any laws enacted by Nisga'a Lisims Government regulating
public access.
- An annual management plan will specify the
level of harvest of each designated species, and any other species
that the Minister and Nisga'a Lisims Government agree should
be included in the annual management plan, that may be harvested
on Nisga'a Public Lands by persons other than Nisga'a citizens,
having regard to Nisga'a preferences for harvesting wildlife
under Nisga'a wildlife entitlements on Nisga'a Lands, and the
availability of that species in the rest of the Nass Wildlife
Area.
- Nisga'a Lisims Government may, for the purpose
of monitoring and regulating public access for hunting and fishing
under paragraph 4, require persons other than Nisga'a citizens
to obtain a permit or licence. Those permits or licences will
be reasonably available at a reasonable fee taking into account
the administrative and other costs of the monitoring and regulating.
Notice of Terms and Conditions in Respect
of Public Access
- Nisga'a Lisims Government and British Columbia
will take reasonable measures to notify the public of terms
and conditions in respect of public access to and onto Nisga'a
Public Lands.
- Nisga'a Lisims Government will consult with
Canada and British Columbia in respect of any proposed Nisga'a
laws that would significantly affect the regulation of public
access to and onto Nisga'a Public Lands.
- Nisga'a Lisims Government will notify Canada
and British Columbia of the location and boundaries of Nisga'a
Village Lands and Nisga'a Private Lands.
- If Nisga'a Lisims Government intends to
change the locations or boundaries of Nisga'a Village Lands
or Nisga'a Private Lands, it will provide reasonable notice
to British Columbia and Canada of the proposed changes.
- If Nisga'a Lisims Government intends to
change the locations or boundaries of Nisga'a Village Lands
or Nisga'a Private Lands, it will take reasonable steps to notify
the public, and it will consider any views advanced in respect
of the proposed changes by any individual who would be adversely
affected, but the changes may not be set aside on the ground
of insufficient notice.
Alternative Access
- If the designation of Nisga'a Public Lands
as Nisga'a Village Lands or Nisga'a Private Lands has the effect
of preventing public access to an area or location to which
there is a public right of access under federal or provincial
laws of general application such as navigable waters or Crown
roads, Nisga'a Lisims Government will provide reasonable alternative
means of public access to that area or location.
NAVIGABLE WATERS
- This Agreement does not affect public rights
of access on navigable waters within Nisga'a Lands.
CROWN ACCESS TO NISGA'A
LANDS
- Agents, employees, and contractors of Canada
or British Columbia, police officers appointed under federal
or provincial legislation, and members of the Canadian Armed
Forces, in accordance with federal and provincial laws of general
application, may enter, cross, and stay temporarily on Nisga'a
Lands to deliver and manage programs and services, to carry
out inspections under law, to enforce laws, to carry out the
terms of this Agreement, and to respond to emergencies.
- Canada or British Columbia will give
reasonable notice of entry onto Nisga'a Lands under paragraphs
15 or 17 to the Nisga'a Nation:
- before the entry if it is practicable
to do so; or
- in any event, as soon as practicable
after the entry.
- This Agreement does not limit the authority
of Canada or the Minister of National Defence to carry out activities
related to national defence and security, in accordance with
federal laws of general application.
- Canada will give reasonable notice
of entry onto the Nass Area under paragraph 17 to the Nisga'a
Nation:
- before the entry if it is practicable
to do so; or
- in any event, as soon as practicable
after the entry.
- Persons who enter, cross, and stay temporarily
on Nisga'a Lands under paragraphs 15 or 17 are subject to Nisga'a
laws except to the extent that those laws unduly interfere with
the carrying out of their duties, and they are not subject to
payment of fees or compensation except as required by federal
or provincial law in respect of the payment of fees or compensation
for access on land owned in fee simple.
NISGA'A ACCESS TO OTHER LANDS
- Agents, employees, and contractors of the
Nisga'a Nation, Nisga'a Villages, and Nisga'a Corporations,
and members of the Nisga'a Police Service, in accordance with
laws of general application, may enter, cross, and stay temporarily
on lands off of Nisga'a Lands to deliver and manage government
programs and services, to carry out inspections under law, to
enforce laws, to carry out the terms of this Agreement, and
to respond to emergencies.
- Persons who enter, cross, and stay temporarily
on lands under paragraph 20 are not subject to payment of fees
or compensation except to the extent that federal or provincial
law requires the payment of fees or compensation by or on behalf
of agents, employees, or contractors of federal or provincial
governments.
- The Nisga'a Nation, Nisga'a Villages,
or Nisga'a Corporations will give reasonable notice of entry
onto lands under paragraph 20 to Canada or British Columbia
as the case may be:
- before the entry if it is practicable
to do so; or
- in any event, as soon as practicable
after the entry.
- Nisga'a citizens will have reasonable access
to and onto Crown lands that are outside of Nisga'a Lands, including
streams and highways, to allow for the exercise of Nisga'a rights
set out in this Agreement and for the normal use and enjoyment
of Nisga'a interests set out in this Agreement, including the
use of resources for purposes incidental to the normal use and
enjoyment of those rights or interests, provided that this access
does not interfere with other authorized uses or the ability
of the Crown to authorize uses or dispose of Crown land.
- If an authorized use or disposition of Crown
land would deny Nisga'a citizens reasonable access or use of
resources, as contemplated by paragraph 23, the Crown will ensure
that alternative reasonable access is provided.
ACCESS TO FEE SIMPLE PROPERTIES
- If the owner of a parcel of land identified
in Schedule 1 of Appendix
B-2 reasonably requires a right of access to that parcel,
Nisga'a Government may not unreasonably withhold consent to
that right of access if:
- the owner of the parcel offers fair
compensation; and
- the owner of the parcel and Nisga'a
Government agree on the terms of access.
- If the Nisga'a Nation, a Nisga'a Village,
a Nisga'a Corporation, or a Nisga'a citizen reasonably requires
a right of access to a parcel of Nisga'a Fee Simple Lands, British
Columbia may not unreasonably withhold consent to that access
if:
- the Nisga'a Nation, Nisga'a Village,
Nisga'a Corporation or Nisga'a citizen offers fair compensation;
and
- the Nisga'a Nation, Nisga'a Village,
Nisga'a Corporation or Nisga'a citizen and British Columbia
agree on the terms of access.
- British Columbia or Nisga'a Lisims Government
may refer a dispute respecting consent to a right of access,
terms of access, or fairness of compensation under paragraph
25 or 26 to be finally determined by binding arbitration under
the Dispute Resolution Chapter.
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Nisga'a Final
