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HONOURABLE IDA CHONG
MINISTER OF ABORIGINAL RELATIONS
AND RECONCILIATION
CHAPTER 6 – ROADS AND RIGHTS OF WAY
1. The Tla’amin Nation may make laws in respect of traffic, transportation, parking and highways on Tla’amin Lands to the same extent as municipal governments in British Columbia.
2. Federal or Provincial Law prevails to the extent of a Conflict with Tla’amin Law under paragraph 1.
3. In addition to the provisions of the Access Chapter, British Columbia, a Public Utility or a Local Government and their agents, employees, contractors and other representatives may have access to Tla’amin Lands, including Tla’amin Roads, at no cost, for the purpose of undertaking works, including:
a. constructing drainage works;
b. maintaining slope stability;
c. removing dangerous trees or other hazards;
d. carrying out vegetation management;
e. carrying out normal repairs; or
f. carrying out emergency repairs,
where this is necessary for constructing, operating, maintaining, repairing, replacing, removing or protecting Provincial Crown Roads, Rights of Way, municipal roads or works located on Provincial Crown Roads, Rights of Way or municipal roads or works that are on or adjacent to Tla’amin Lands.
4. Before commencing any work referred to in paragraph 3, British Columbia, a Public Utility or a Local Government will notify and, at the Tla’amin Nation's request, deliver to the Tla’amin Nation a written work plan describing the effect and extent of the proposed work on Tla’amin Lands. The Tla’amin Nation will, within 30 days of receipt of the work plan, notify British Columbia, the Public Utility or the Local Government, as the case may be, as to whether or not it approves the work plan, such approval not to be unreasonably withheld.
5. Where the Tla’amin Nation does not approve a work plan prepared by British Columbia under paragraph 4, the dispute will be finally determined by arbitration under the Dispute Resolution Chapter without having to proceed through Stages One and Two.
6. In undertaking works referred to in paragraph 3, British Columbia, a Public Utility or a Local Government, as the case may be, will:
a. minimize the damage to, and time spent on, Tla’amin Lands; and
b. pay compensation to the Tla’amin Nation for any interference with, or damage to, Tla’amin Lands resulting from the works.
7. Where British Columbia and the Tla’amin Nation do not agree on compensation under subparagraph 6.b with respect to the works undertaken by British Columbia, the dispute will be finally determined by arbitration under the Dispute Resolution Chapter.
8. Paragraph 6.b is subject to the terms of any grant issued by the Tla’amin Nation or any agreement between the Tla’amin Nation and the person undertaking works referred to in paragraph 3.
9. Notwithstanding any other provision of this Agreement, British Columbia, a Public Utility or a Local Government, as the case may be, may undertake works and take steps on Tla’amin Lands that are urgently required in order to protect works constructed on Provincial Crown Roads, Rights of Way or municipal roads to protect persons or vehicles using Provincial Crown Roads, Rights of Way or municipal roads.
10. British Columbia, a Public Utility or a Local Government, as the case may be, will notify the Tla’amin Nation that it has undertaken works on Tla’amin Lands under paragraph 9.
11. Provincial Crown Roads and lands set aside for use as a Provincial Crown Road identified in Appendix L are not part of Tla’amin Lands.
12. British Columbia is responsible for the maintenance and repair of Provincial Crown Roads.
13. British Columbia will Consult with the Tla’amin Nation regarding new uses for or major road construction of Provincial Crown Roads on or adjacent to Tla’amin Lands.
14. Where British Columbia acquires by agreement or expropriates an estate or interest in a parcel of Tla’amin Lands for the purpose of realigning all or a portion of a Provincial Crown Road:
a. at the request of the Tla’amin Nation, British Columbia will transfer to the Tla’amin Nation that portion of the Provincial Crown Road on or adjacent to Tla’amin Lands that is no longer required for road, highway or Public Utility purposes and that land will become Tla’amin Lands;
b. the estate or interest transferred to or expropriated by British Columbia for the purpose of such realignment will be the same as the estate or interest held by British Columbia in the pre-existing Provincial Crown Road; and
c. upon completion of any transfers or expropriation under this paragraph, Appendices C and L will, where appropriate, be amended in accordance with the process set out in paragraph 9 of the Amendment Chapter.
15. Where the Tla’amin Nation does not request a transfer under subparagraph 14.a:
a. British Columbia will not transfer its interest in the pre-existing Provincial Crown Road to the Tla’amin Nation;
b. the Tla’amin Nation will transfer any Tla’amin Lands between the pre-existing Provincial Crown Road and the new Provincial Crown Road to British Columbia; and
c. British Columbia will compensate the Tla’amin Nation for the value of the land retained by and transferred to British Columbia under subparagraphs 15.a and 15.b.
16. Where a Provincial Crown Road adjacent to Tla’amin Lands is closed and is no longer required for road, highway or Public Utility purposes:
a. British Columbia will provide the Tla’amin Nation with a right of first refusal to acquire, on mutually acceptable terms, that portion of the land adjacent to Tla’amin Lands; and
b. where the Tla’amin Nation acquires the land under subparagraph 16.a, it may request the addition of the land to Tla’amin Lands under paragraph 85 of the Lands Chapter.
17. Tla’amin Roads are part of Tla’amin Lands.
18. The Tla’amin Nation is responsible for the maintenance and repair of Tla’amin Roads.
19. Tla’amin Roads are open to the public unless designated otherwise by the Tla’amin Nation.
20. Subject to this Agreement, the Tla’amin Nation may temporarily or permanently close Tla’amin Roads.
21. Before the Tla’amin Nation permanently closes a Tla’amin Road, the Tla’amin Nation will:
a. provide public notice and an opportunity for affected persons to make representations to the Tla’amin Nation; and
b. notify Public Utilities whose facilities or works may be affected.
22. The Tla’amin Nation will issue interests to the Public Utilities identified in Part 4 of Appendix F-1, Part 1 of Appendix F-2 and Part 7 of Appendix F-4 as provided for under paragraph 55 of the Lands Chapter.
23. With the prior written approval of the Tla’amin Nation, a Public Utility may extend or locate and install new works on Tla’amin Lands on substantially the same terms and conditions as the applicable form of document in Appendix F-5 where it is necessary to meet demand for service on or off Tla’amin Lands.
24. The Tla’amin Nation will not unreasonably withhold approval for works referred to in paragraph 23.
25. Nothing in paragraph 23 requires a Public Utility to obtain the approval of the Tla’amin Nation for usual service extensions or connections to Public Utility works or to deliver and manage services to customers of a Public Utility.
26. Tla’amin Law will not apply to the regulation of the business of a Public Utility or the planning, development, construction, repair, maintenance, operation or decommissioning of a Public Utility's authorized works.
27. Without limiting the generality of paragraph 26, Tla’amin Law and the Tla’amin Nation's use or occupation of Tla’amin Lands will not impair or frustrate:
a. a Public Utility's authorized use or occupation of its interest issued under this Agreement; or
b. a Public Utility's authorized use or occupation of Tla’amin Lands.
28. An interest of a Public Utility established after the Effective Date on or adjacent to Tla’amin Lands will be subject to this Agreement.
29. Nothing in this Agreement limits the authority of British Columbia to regulate all matters in respect of:
a. the location and design of intersecting roads giving access to or from Provincial Crown Roads, including:
i. regulating or requiring signs, signals or other traffic control devices;
ii. regulating and requiring merging lanes, on ramps and off ramps; or
iii. requiring contributions to the cost of the matters referred to in subparagraphs 29.a.i and 29.a.ii; and
b. the height and location of structures on Tla’amin Lands adjacent to Provincial Crown Roads to the extent reasonably required to protect the safety of the users of the Provincial Crown Road or the functional capacity of the Provincial Crown Road.
30. British Columbia will provide the Tla’amin Nation with any licence, permit or approval required under Provincial Law to join or intersect a Provincial Crown Road with a Tla’amin Road where:
a. the application for the required licence, permit or approval complies with Provincial Law, including the payment of any prescribed fees; and
b. the joining or intersecting Tla’amin Road complies with standards established under Provincial Law for equivalent Provincial Crown Roads.
31. Where the Tla’amin Nation and British Columbia fail to agree on the location of a joining or intersecting Tla’amin Road, the Tla’amin Nation or British Columbia may refer the dispute for resolution under the Dispute Resolution Chapter.
32. The Tla’amin Nation will Consult with British Columbia on land use decisions relating to the development of Tla’amin Lands adjacent to Provincial Crown Roads.
33. Upon the Tla’amin Nation's request, British Columbia will Consult with the Tla’amin Nation with respect to existing regulation of traffic and transportation on a Provincial Crown Road that is adjacent to a settled area on Tla’amin Lands.