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In This Volume

  • 373.52 (1) In applying section 124 in respect of Nisga’a Lands
  • (a) the reference to applicable subdivision and zoning bylaws in section 124(1)(b)(i) must be read as a reference to the applicable Nisga’a laws relating to subdivision and zoning,
  • (b) the petitioner must file the report required under section 124(2) only if any part of the public area affected by the petition is a secondary provincial road as defined in the Nisga’a Final Agreement, and
  • (c) the petitioner must request a report under section 124(3)(b) only if any part of the public area affected by the petition is a secondary provincial road as defined in the Nisga’a Final Agreement.
  • (2) In applying section 125(2) in respect of a plan of Nisga’a Lands, the petitioner referred to in that section
  • (a) must serve a copy of the petition and a notice of the hearing on,
    • (i) if the land affected by the petition is Nisga’a Lands, other than Nisga’a Village Lands, the chief administrative officer of the Nisga’a Lisims Government, and
    • (ii) if the land affected by the petition is Nisga’a Village Lands, the chief administrative officer of the applicable Nisga’a Village Government,
  • (b) need not comply with section 125(2)(c) and (d) unless the petition relates to a secondary provincial road, as defined in the Nisga’a Final Agreement, and
  • (c) need not comply with section 125(2)(e).
  • (3) The requirement to serve under subsection (2) of this section is in addition to any other requirement under section 125(2) as that section applies under the Nisga’a Final Agreement.
  • (4) In applying section 126(b) in respect of a plan of Nisga’a Lands, the petitioner referred to in that section must post the petition and any other documents, for 4 consecutive weeks before the date set for hearing, at one or more of the following places:
  • (a) if the land affected by the petition is Nisga’a Lands other than Nisga’a Village Lands, the principal administration building of the Nisga’a Lisims Government on Nisga’a Lands;
  • (b) if the land affected by the petition is Nisga’a Village Lands, the principal administration building of the applicable Nisga’a Village Government on Nisga’a Village Lands.
  • (5) Section 131(1)(c) and (e) does not apply to Nisga’a Lands.
  • (6) In applying section 133 to Nisga’a Lands
  • (a) the Nisga’a Nation has the same power to oppose the cancellation or alteration of the boundaries of all or part of a public area that is a Nisga’a road as the minister charged with the administration of the Transportation Act has in respect of all or part of a public area that is an arterial highway, and
  • (b) the minister charged with the administration of the Transportation Act may oppose the cancellation or alteration of boundaries of all or part of a public area, only if that public area is a secondary provincial road as defined in the Nisga’a Final Agreement and is an arterial highway.
  • (7) In applying section 137 to Nisga’a Lands, the registrar has the same power under section 137(1)(a) to cancel the lines dividing 2 or more contiguous parcels owned by the Nisga’a Nation or a Nisga’a Village as the registrar has in respect of 2 or more parcels owned by the Crown.

1999-2-47, effective May 11, 2000 (B.C. Reg. 146/2000); 2003-66-39; 2004-44-122, effective December 31, 2004 (B.C. Reg. 547/2004); 2005-2-10, effective February 22, 2005.