Roads and
Rights of
Way

This chapter explains the rules governing ownership and use of all roads within Nisga’a Lands. It also explains the rules governing public utilities on Nisga’a Lands.

What is the Nisga’a Highway?

The British Columbia highway within Nisga’a Lands that connects Highway 16, New Aiyansh, Nass Camp, Gitwinksihlkw and Laxgalts’ap, plus the route to be constructed from Laxgalts’ap to Gingolx (excluding Red Bluff Reserve No. 88) and the route within Nisga’a Lands for the proposed extension from Nass Camp to Highway 37.

How wide is the Nisga’a Highway corridor?

The Nisga’a Highway corridor is generally 30 metres wide, but wider where necessary to include highway works such as bridges, support works, and cuts and fills.

Who owns the Nisga’a Highway corridor?

British Columbia.

What happens if British Columbia closes any part of the Nisga’a Highway corridor?

British Columbia will transfer ownership of that part of corridor land to the Nisga’a Nation.

Can Nisga’a Government request to relocate the Nisga’a Highway?

Yes. If the Nisga’a Nation or a Nisga’a Village needs a portion of the Nisga’a Highway corridor for another purpose, British Columbia cannot unreasonably refuse to relocate that portion of the highway, as long as the proposed new location is reasonably suitable for highway use and as long as the Nisga’a Nation or the Nisga’a Village pays the costs of the relocation.

What happens if a part of the corridor is relocated?

British Columbia will transfer ownership of the vacated land to the Nisga’a Nation or a Nisga’a Village and ownership of the new land will be transferred to British Columbia to become part of the corridor.

What is a secondary provincial road?

A road for which the Nisga’a Nation grants a right of way to British Columbia for use by the public, by industrial resource users, or by public utilities. British Columbia does not own the land on which secondary provincial roads are located, but has a right to use the land for those purposes.

Where are the initial secondary provincial roads?

See Appendix C of the Treaty for the precise location.

What is a secondary provincial road right-of-way area?

The land on which a secondary provincial road is located. A secondary provincial road right-of-way area is generally 20 metres wide, but wider where necessary to include road works such as bridges, support works, cuts and fills.

Who owns secondary provincial right-of-way areas?

The Nisga’a Nation or a Nisga’a Village.

Can Nisga’a Government request the relocation of a secondary provincial road?

Yes, on a similar basis to the Nisga’a Highway.

What happens if part of a secondary provincial road right-of-way area is relocated?

The right-of-way is cancelled for the area that is vacated, and a new right-of-way is granted for the new location.

Can Nisga’a Government transfer ownership of secondary provincial road right-of-way areas?

The Nisga’a Nation can transfer ownership to a Nisga’a Village and vice versa, but transfers to others require the consent of British Columbia.

Can British Columbia transfer its interest in a secondary provincial road right-of-way area?

British Columbia can transfer its interest to a Crown corporation or to a lender as security for borrowing, but cannot transfer its interest to others without the consent of the Nisga’a Nation.

What happens if the Nisga’a Nation or a Nisga’a Village suffers damages arising out of a secondary provincial road right-of-way area?

British Columbia will compensate the Nisga’a Nation or the Nisga’a Village unless the damages were caused by the Nisga’a Nation or the Nisga’a Village.

Can British Columbia abandon secondary provincial roads?

Yes, by giving written notice to the Nisga’a Nation.

What happens if British Columbia abandons a secondary provincial road?

Unless the Nisga’a Nation or a Nisga’a Village agrees to assume responsibility for the road, British Columbia will be responsible for decommissioning the road or taking steps to prevent damage or injury that might result from the continued existence of the road.

Will public utilities be able to use the Nisga’a Highway corridor and secondary provincial road right-of-way areas?

British Columbia will permit public utilities to use the Nisga’a Highway corridor and secondary provincial road right-of-way areas for transmission lines and other works if, in British Columbia’s judgement, those works will not interfere with the safe use of the existing roads or utility works.

Can Nisga’a Government authorize other uses of the Highway corridor and secondary provincial road right-of-way areas?

If the Nisga’a Nation or a Nisga’a Village has issued a permit for a use and if, in British Columbia’s judgment, the permitted use will not interfere with existing road or utility works, British Columbia will also issue a permit for that use. British Columbia may attach conditions to such a permit, charge fees to recover actual costs, and subsequently terminate the permit if it proves to be unsafe or to interfere with existing or proposed road uses.

Can British Columbia enter Nisga’a Lands adjacent to the Nisga’a Highway corridor and secondary provincial road right-of-way areas?

Yes, to protect and maintain roads and utilities works. British Columbia will submit a work plan to the Nisga’a Nation or a Nisga’a Village for approval. It will minimize time spent and damage caused, and will pay fair compensation for any interference with or damage to the lands.

What happens if there is an emergency involving the Nisga’a Highway or a secondary provincial road?

British Columbia can immediately take steps to protect works constructed on the Nisga’a Highway corridor or on a secondary provincial road right-of-way area, or to protect persons or vehicles.

How will Nisga’a Government be involved in the regulation of traffic and transportation on the Nisga’a Highway and secondary provincial roads?

On request, British Columbia will consult with the Nisga’a Nation or a Nisga’a Village about roads near settled areas.

Who regulates road access to the Nisga’a Highway and to secondary provincial roads?

British Columbia has the right to regulate the location and design of intersecting roads including traffic signs and signals, and contributions to provincial costs.

Can British Columbia regulate the height and location of structures immediately adjacent to the Nisga’a Highway or secondary provincial roads?

Yes, but only to protect the safety of highway and road users.

Can British Columbia temporarily close the Nisga’a Highway or a secondary provincial road?

Yes, for reasons of safety, care, or maintenance.

Does Nisga’a Government have any responsibility for maintaining the Nisga’a Highway or secondary provincial roads?

No. This is a provincial responsibility.

Can British Columbia take gravel from existing gravel pits on Nisga’a Lands?

British Columbia can, without charge, take gravel from gravel pits existing on Nisga’a Lands but only for the construction and maintenance of the Nisga’a Highway and secondary provincial roads. For some gravel pits, British Columbia will submit a gravel management plan to the Nisga’a Nation or the Nisga’a Village for approval.

Can British Columbia explore for new gravel pits on Nisga’a Lands?

Yes, but it must first prepare a written exploration plan for approval by the Nisga’a Nation or the Nisga’a Village and must then prepare a gravel management plan for approval.

Will the public have the right to use Nisga’a roads?

The Nisga’a Nation will be able to close to the public any Nisga’a road outside of Nisga’a Village Lands. Nisga’a Villages will be required to permit public use of Nisga’a roads within Nisga’a Village Lands if those roads would be open to the public in comparable communities elsewhere in the province. A Nisga’a Village will have the right to close Nisga’a Village roads for safety reasons.

Does British Columbia have any responsibility for maintaining Nisga’a roads?

No. This is a Nisga’a responsibility.

Can the Nisga’a Nation take gravel from Crown lands?

The Nisga’a Nation can, without charge, take gravel from natural deposits on Crown lands for public purposes on the same basis that British Columbia can take gravel from Nisga’a Lands.

Will individuals or corporations have private rights to use roads within Nisga’a Lands?

The Nisga’a Nation will grant a right of way to the individuals listed in Appendix C of the Treaty, giving them access to their properties over the designated roads. The Nisga’a Nation will also grant a right of way to B.C. Hydro for access roads.

How will existing public utility works on Nisga’a Lands be authorized?

The Nisga’a Nation will grant rights of way to B.C. Hydro and BC TEL for existing transmission lines outside Nisga’a Villages and outside of secondary provincial road right-of-way areas. For other utilities work, including distribution lines within Nisga’a Villages, B.C. Hydro and BC TEL will be granted licences.

Can British Columbia obtain additional rights of way on Nisga’a Lands for public purposes?

If British Columbia requests an additional right of way for public purposes, including road and utility purposes, the Nisga’a Nation or Nisga’a Villages will grant the right of way on reasonable terms, including location, intended use and compensation if, on the date of the request, the total area of all British Columbia rights of way within Nisga’a Lands does not exceed 2,800 hectares. If any dispute arises about a British Columbia request for an additional right of way, the matter can be settled by arbitration under the Dispute resolution chapter.

Do Nisga’a laws apply on secondary provincial road right-of-way areas and public utility right-of-way areas?

Nisga’a laws apply to a secondary provincial road right-of-way area or to a public utility right-of-way area if the Nisga’a laws do not impair the authorized ability to use and occupy the right-of-way area and if the Nisga’a laws do not impose more stringent standards.