Section 35 Rights definition
Examples of Section 35 Rights in a sentence
Canada, British Columbia and all other persons do not have any obligations in respect of any aboriginal rights, including aboriginal title, of each Maa-nulth First Nation to the extent that those rights, including title, might be in any way other than, or different in attributes or geographic extent from, the Maa-nulth First Nation Section 35 Rights of each Maa-nulth First Nation set out in this Agreement.
Any Lands transferred by British Columbia to HRFN or any Land Management Measures implemented by British Columbia before the abandonment of the Site C Project and its Operation will be deemed to constitute adequate consultation and accommodation with respect to any potential adverse impact on, or any infringement of, HRFN’s Section 35 Rights resulting from the activities carried out before the abandonment of the Site C Project or its Operation.
BC Hydro and British Columbia will continue to engage PRFN regarding any concerns or interests that PRFN may have in relation to new Authorizations or renewals, replacements, or amendments to existing Authorizations for the Site C Project and its Operation and will continue to consider in good faith proposals made by PRFN which seek to avoid or otherwise mitigate any Impacts such Authorizations may have on PRFN Section 35 Rights.
Nak’azdli agrees that by complying with the Consultation and Accommodation Process, Provincial Agencies will be deemed to have fulfilled any duty to consult with respect to a Government Action that may adversely affect Nak’azdli’s Section 35 Rights.
Without in any way affecting the express acknowledgements, agreements and obligations set out in 17.2, the Parties acknowledge and agree that nothing in this Agreement in any way defines, amends or denies the existence of, or in any way limits any priorities afforded to, any HRFN Section 35 Rights.
The Parties acknowledge and agree that nothing in this Agreement in any way defines, amends or denies the existence of any PRFN Section 35 Rights.
If a proposed Federal Project is to be located within the Kitselas Area or may reasonably be expected to adversely affect Kitselas Lands or Kitselas Section 35 Rights, Canada will ensure that Kitselas is provided with timely notice of the Environmental Assessment and information describing the Federal Project in sufficient detail to permit Kitselas to determine if it is interested in participating in the Environmental Assessment.
Without in any way affecting the express acknowledgements, agreements and obligations set out in 17.1, 17.2 and 18.1, the Parties acknowledge and agree that nothing in this Agreement in any way defines, amends or denies the existence of any DRFN Section 35 Rights.
The Parties have identified the Chowade Area as an area of interest, in particular HRFN has identified it as an area of importance for the exercise of its Section 35 Rights and the practice of associated cultural and traditional activities.
DRFN acknowledges that British Columbia and BC Hydro may enter into agreements relating to the Site C Project and its Operation with other First Nations, including Treaty 8 adherents, and agrees that, where any land transfer or protection measure under those agreements may have a potential adverse impact on its Section 35 Rights, it will make reasonable efforts to resolve any conflicts and will, where requested by British Columbia or BC Hydro, participate in consultations with those First Nations.