report Alin THAT it has been demonstrated to the satisfaction of the Approved and ordered this 13+h day of Juno,x.o

Transcription

1 1819, Approved and ordered this 13+h day of Juno,x.o At the Executive Council Chamber, Victoria, Lieutenant-Governor. PRESENT: The Honourable Penne+ Cannbell Black Williston Richter Prot hers Peterson Loffmark Martin Chan+ Kiernan t, 41J To His Honour The Lieutenant-Governor in Council: The undersigned has the honour to report in the Chair. THAT the ownership of the riparian rights of that parcel of land known as Burial Ground Indian reserve number two, Cormorant Island, Rupert District, is in question: AND THAT under the authority of Privy Council Order 217, 1934, a copy of which is hereto attached, a road allowance adjoining the high water mark of Alert Bay was transferred to the Department of Public Works for the Province of British Columbia: AND THAT the road was included within the boundaries of The Corporation of the Village of Alert Bay under authority of Letters Patent dated fourteenth day of January, 1946: AND THAT the Council of the said Village has agreed that all the riparian rights of Burial Ground Indian reserve number two, Cormorant Island, Rupert District, should be restored to the Indians: AND THAT the said Council advises the portion of road within Burial Ground Indian reserve number two, Cormorant Island, Rupert District, shown outlined in red on plan attached hereto has not been used for road or highway purposes: AND THAT the said Council requests if the land shown outlined in red on plan attached hereto is returned to the Indians that some measure of protection should be given the Village to allow for the reparation, replacement and maintenance of a wall at high water mark and also for the allowance of any easement which might be required for installation of public utilities: AND THAT the members of the Nimpkbsh band have requested the Lieutenant-Governor in Council to give consideration to the abandonment and vesting of the ownership of the land shown outlined in red on plan attached hereto to Her Majesty the Queen in right of Canada in trust for the use and benefit of the Indians of the Province of British Columbia which request has been supported by the Department of Indian Affairs: Alin THAT it has been demonstrated to the satisfaction of the

2 1819. Approved and ordered this 1',,.h day of June,Am At the Executive Council Chamber, Victoria, Lieutenant-Governor. PRESENT: The Honourable Penne 4" t Carnrbell Black Williston Richter Brothers Peterson Lorfnark Mart in Chant Kiernan Nir in the Chair. To His Honour The Lieutenant-Governor in Council: The undersigned has the honour to report THAT the ownership of the riparian rights of that parcel of land known as Burial Ground Indian reserve number two, Cormorant Island, Rupert District, is in question: AND THAT under the authority of Privy Council Order 217, 1934, a copy of which is hereto attached, a road allowance adjoining the high water mark of Alert Bay was transferred to the Department of Public Works for the Province of British Columbia: AND THAT the road was included within the boundaries of The Corporation of the Village of Alert Bay under authority of Letters Patent dated fourteenth day of January, 1946: AND THAT the Council of the said Village has agreed that all the riparian rights of Burial Ground Indian reserve number two, Cormorant Island, Rupert District, should be restored to the Indians: AND THAT the said Council advises the portion of road within Burial Ground Indian reserve number two, Cormorant Island, Rupert District, shown outlined in red on plan attached hereto has not been used for road or highway purposes: AND THAT the said Council requests if the land shown outlined in red on plan attached hereto is returned to the Indians that some measure of protection should be given the Village to allow for the reparation, replacement and maintenance of a wall at high water mark and also for the allowance of any easement which might be required for installation of public utilities: AND THAT the members of the Nimpk1sh band have requested the Lieutenant-Governor in Council to give consideration to the abandonment and vesting of the ownership of the land shown outlined in red on plan attached hereto to Her Majesty the Queen in right of Canada in trust for the use and benefit of the Indians of the Province of British Columbia which request has been supported by the Department of Indian Affairs: AND THAT it has been demonstrated to the satisfaction of the

3 -2- Minister of Municipal Affairs that special circumstances exist which would warrant the making of this Order: AND TO RECOMMEND THAT pursuant to section 508 of the Municipal Act the portion of road shown outlined in red on the plan attached hereto be abandoned and the title to the land comprising of same be vested in Her Majesty the Queen in right of Canada in trust for the use and benefit of the Indians of the Province of British Columbia but subject nevertheless to the right of The Corporation of the Village of Alert Bay to ingress and egress over the said lands for the reparation, replacement and maintenance of a wall at high water mark and subject to the right of the said Village to construct, maintain, repair or remove any utilities in or on the said lands without the payment of any fee for the use of the rights so reserved. DATED this I(. day of, A.D Minister of Municipal Affairs. APPROVED this /e day of, A.D i in g 7 Memle of the Executive Council.

4 P.C.217. CERTIFIED TO BE A TRUE COPY CLERK OP THE PRIVY COUNCIL: AT THE GOVERMENT HOUSE AT OTTAWA MONDAY, the 5th day of FEBRUARY, PRESENT EIS ILL'OELLENCY TEE GOVERNOR GENERAL Ill COUNCIL -- of WHEREAS the Department of Publio Works for tho Province of British Columbia has made application for 0.4v9 of an acre, for a road in the Alert Bay Indian reserve number One, and for 0.25 of an acre for a road in the Burial Ground Indian Reserve number Two, both of the Eimleesh band on Cormorant Island, whioh parcels may be described as follows: FIRSTLY: All that parcel of land in the Alert Bay Indian Reserve number one, Cormorant Island, Province of British Columbia, containing four hundred and ninety-nine thousandths of an acre,,7 more or less, being composed of a right of way fourteen feet in width, as shown bordered in red on a plan reoorded in the Surveys branch of the Department of Indian Affairs under number Rd.2534 and SECONDLY: All that parcel of land in the Burial Ground Indian reserve number two, Cormorant Island, Province of British Columbia, containing twentyfive hundredths of an aore, wore or less, being composed of a right of way of irregular width, as shown bordered in red on a plan recorded in the surveys branch of the Department of Indian Affairs under number Rd AND WHEREAS an officer of the Department of Indian Affairs reports that the benefit to these reserves by having these roads constructed is sufficient compensation for the land occupied by the roads in each of these reserves; THEREFORE his Excellency the Governor General in Council, on the recommendation of the Superintendent General of Indian Affairs, is pleased to order that the said land be and it is hereby transferred to the Department of Publio Works for the Province of British Coluiabia, pursuant to the provisions of section 48 of the Indian Aot. -1 i e 1 0 LA."' i 1!, %/Vt.,, : :;`,...%,...1 J-..1. CANADA.

5 INFORMATION FILE F i DOCUMENT PAGE 0/( 4 /8/9-6A NOT AVAILABLE AT TIME OF FILMING. DOES NOT EXIST. OVERSIZE PLAN POOR QUALITY NOT SUITABLE FOR FILMING, REFER TO FY P THE FOLLOWING DOCUMENT IS OF POOR QUALITY, ALSO RETAINED IN HARD COPY, REFER TO PROVINCE OF B.C. DO NOT PHOTOCOPY/USE BLACK PEN. ARS Jan. M