Highways Act

YUKON TERRITORY CANADA itehorse, Hh Yu kon ORDER-IN-COUNCIL 1987/ii8 HIGHIIAYS ACT Pursuant to sectìon 7 of the Hìghways Act the Commiss ioner ìn I Executive Counci orders that: 1. The Government of the Yukon may enter into an agreement with the Government of Canada respecting the South Klondike Highway in the form appended as Schedule "4" hereto; 2. The Executive Counci l Member responsible for Community and Transportation Services is authorized to execute the agreement on behalf of the Government of Yukon. /tf' DATED at l¡lhìtehorse, ìn the Yukon Terrìtory this day of Ja.te , A.D. 1987. ssioner of the Yukon 0.1.c. 1987/118 SCHEOULE,'A'' THIS AGREEMENT bearing date the day of , 1987. BETWEEN : RTGHT CANAD4, represented an the rn Deve lopmenl ,, ( "canada" ) , OF THE FTRSÎ PART AND : THE GOVERNMENT OF THE YUKON, represented by the ffisponsible for community and Transportation Services, and THE COMMISSIONER OF THE YUKON, ( "the Yukon" ) , OF THE SECOND PART WHEREAS: A. A highway has been constructed from Carcross, Yukon Territory, to Skagh/ay, State of Alaska, U.S.À. (the "South Klondike Híghway" ); B. The South Klondike Highway traverses a portion of the Province of British Columbia, more particularly described in Schedule "4" hereto (the "British Columbia Portion"), without providing any access to the highh'ay system of the provi nce ; C. New traffic patterns requíre that the Brj-tish Columbia Portion be upgraded and maintained on a continual basis; D. Canada and the Province of British Columbia (the "Province" ) have agreed to the transfer of administration and control of the British Columbia Portion from the Province to Canada in order to facilitate its reconstruction, maintenance and operation ( the "Canada/e.C. Agreement" ); and E. Canada is agreeable to assign.ing and the yukon is agreeable to accepting reconstruction, maintenance and operation responsibilities in respect of the British Columbj.a Portion, on the terms and conditions hereinafter set forth. 0.LC. 1987/118 -2- iN NOIV THERÈFORE THIS AGREEMENT WITNESSETH THAT CONSidETAtiON of the premises and the agreements herein contained the parties hereto agree as follows: 1. The Yukon shalf: (a) be responsible for the maintenance and operation of the British Columbia Portion; (b) undertake reconstruction of the British Columbia Portion pursuant to the provisions of the Engineeríng Services Agreement between Canada and Yukon, as amended or replaced from time to time; (c ) deposit with the Province an envÍronmental assessment conforming to the laws and policies of the Province, and implement the recommendations contained therein; (d) take aIl reasonable steps necessary to minimize detrimentaL environmental effects to the British Cotumbia Portion and adjoining areas arising out of reconstruction and maintenance; (e ) notify the Province and canada as soon as practicable of any spill of dangerous or toxic materíaf on the British Columbia Portiont (f) remove from the Province any dangerous or toxic material spilJ.ed on the British Columbia Portion unless authorization to do otherwise is obtained from the Province; (S) on the complet.ion of. the reconstruction of the British Columbia Portion prepare a Iegal survey of the Brítish Columbra Portion under instructions from the Surveyor General of British Columbia, which wiII result in a corridor the wider of sixty metres from one side to the other or three metres beyond the tops of the cuts and toes of the fills (the "Surveyed Lands") such legal survey to be in a form suitable for deposit as a plan in the Land Titles Offíce of the Province. The survey shal-l be completed wíthin one year of the completion of reconstruction. Canada shal,l reimburse Yukon for its reasonable costs of this surveyi (h) ensure that any reconstruction $/ork on the British Columbia Portion is performed under contracts awarded in accordance with the relevant policies of Canada consistent with subclause I (S ) of the Canada/B. C. Agreement ; t.c. 0. 1987/118 -3- (i) reimburse Canada for alI amounts paid to the - Province in respect of stumpage and royalty rates for tirnber as contemplated by subclause I(h) of the Canada/B.C. Agreementi (j) erisure that no highway toll is imposed or permít any such toll to be charged for use of the British Columbia Portion by vehicles or persons; and (k) ensure that no s.ign, advertisement or guide post is erected on or over the British Columbia Portion exceptíng those sig¡1s erected for the purPose of traffic regulation. 2. (a) Canada shall amend the Government Property Traffic Regulations to ensure that Yukon motor vehicle law applies to the British Columbia Portion. (b) Yukon shall advise the public at the British Columbia/Alaska and Yukon,/British Columbi.a borders of the effect of this amendment. 3. If Èhe Yukon requires private lands with respect to the reconstruction and malntenance of the British columbia Portion, the Yukon may, by notice in writing' request Canada to acquire such lands. Upon receipt of such request Canada shall take the steps contemplated by clause J. of the canada,/B.c. Àgreement, to acquire administiation and control of the said lands, and any costs associated with such acquisition shall borne by the Yukon. Canada assigns to the Yukon the. fu11 benefit of the access to natural construction materials acquired by Canada pursuant to clause 4 of the canada/B. c. Agreement. 5- Neither party shall- provide access to or from the British Columbia Portion or the Surveyed Lands ( as defined in the canada/B. c. Agreement ) without the consent of the Minister and the Executive council Member responsible for Community and Transportation Services. 6. (a) The term of this Agreement shall be twenty years from the effective date. (b) Upon the tenth anniversary of this Agreement, either party may request its review. '1 Neither party may terminate this Agreement for any - breach; but is limited to any remedy it may have at law or in equity for damages for breach of contract. 0.r.c. 1987/118 -4- L The -Yukon shall indemnify and save hêrmless Cånada from and against any and all actions, claims ' demands, losses, damages, costs and exPenses made against or incurred, suffered or silstained by Canada at any time or times, either before or after the expiration of this Àgreement arising out of the reconstruction' maintenance and operation of the British Columbia Portion by the Yukon. 9. Any dispute betereen the parties hereto on any question of l-aw or fact arising out of this Agreement shall be submitted to and deternined by the Federal court of canada pursuant to the Federal Court Act. This Agreement shall be construed and interpreted in accordance vrith the lavrs of the Province. 10. This Agreement shalI be \^rithout force and effect until the latest of the dates on which: (a) The Governor - in-Counc í I approves this Agreement' the Canada/B.C. Agreement, accepts the transfer of administration and control of the British Columbia Portion from the Province and amends the Government Property Traffic Regulations ; (b) The Comnissioner in Executíve CounciL approves this Agreement ; (c) Both parties sign this Àgreement; (d) Canada and the Province siqn the canada/B.c. Agreement. IN WITNESS WHEREOF this Agreement has been executed on behalf of canada by the Minister of lndian Affairs and Northern Development and on behalf of the Yukon by the Executive Council Member responsible for Community and Transportation Services and the Commissioner of the Yukon. In the presence of HER MAJESTY THE QUEEN ]N RIGHT OF CANADA w.rtness D'ate Mrn].ster ot Indran Attar-rs and Northern Development GOVERNMENT OF THE YUKON tness ecutrve Counc Tesponsible for Community and 1r an sporta c íon Services oa-te uommrssloner ot t.rle YuKon - 0.r.c. 1987/118 SCHEDULE "A'' That portion of the South Klondike Highway, situated in the northwestern part of the Province of British columbia cassiar District (British Columbia Portion) lying betvreen the Yukon and Alaska boundaries more particularly described as: A strip of land extending 100 metres on each side of the existing centre line of the British Columbia Portion being approximately 57 kilometres in length commencing at the B.C. - Yukon boundary at 60 degrees North latitude and I34 degrees 40 minutes West longitude and extending to the British Columbia - Alaska boundary at 59 degrees 39 mÍnutes North latitude and I35 degrees 09 minutes west long itude .