Bill 43, the First Nations Commercial and Industrial Development Act (FNCIDA) Implementation Act, implements the federal government's FNCIDA initiative, which seeks to regularize development on Indian Reserves. Under the Constitution, Indian Reserves are a federal responsibility.
The legislation allows B.C. to enter into agreements with Canada and First Nations to administer provincial laws on reserve lands for specific projects. Two projects have been brought forward at this time:
* The proposed Liquefied Natural Gas (LNG) facility on a Haisla Nation reserve near Kitimat.
* A proposed commercial and residential development on Squamish Nation reserve lands in the Lower Mainland.
The First Nations Commercial and Industrial Development Act (FNCIDA) is federal legislation intended to close significant gaps in regulation on reserve and help facilitate economic development projects. The act was introduced in the House of Commons in 2005, came into force in 2006 and was amended in 2010 to specifically support the Squamish project.
Without FNCIDA, any First Nation can proceed with developments on-reserve, without being subject to the same provincial regulations that apply to off-reserve developments. Through the federal FNCIDA and the new provincial legislation, agreements and regulations will be put in place that fill regulatory gaps and apply provincial legislation to specified reserves, while creating greater certainty for investment capital and government regulation.
The projects with the Squamish and Haisla Nations are examples of how the FNCIDA Implementation Act can enable applicable provincial statutes and regulations (such as environmental laws) to apply to major commercial and industrial projects developed within Indian Reserves. In order for projects to be subject to this regime, the federal government will pass an implementing regulation under FNCIDA consistent with the agreements between the First Nations, the Province and Canada.
Quotes:
Aboriginal Relations and Reconciliation Minister Mary Polak -
"The federal government's FNCIDA legislation sets the stage for B.C. to reach agreements with First Nations that will allow the more rigorous provincial rules to apply where they don't now."
"First Nations and local governments want to maintain cordial and respectful relationships as neighbours; FNCIDA agreements are a tool that can address local concerns regarding on-reserve development, including commitments to help defray the cost of infrastructure such as transportation and schools that can be associated with on-reserve development."
Squamish Nation Chief Ian Campbell -
"We have been working in partnership with local, provincial and federal governments on this initiative because we believe it will enable our lands to compete on a level playing field in the marketplace."
Chief Councillor of the Haisla Nation Ellis Ross -
"The proposed LNG facility is a game-changer for the Haisla People, a vital opportunity to take our place in a fast-growing global industry. The legislation the B.C. government is introducing will help bring regulatory and investment certainty to a project that will benefit not only the Haisla People but many others in the North."
Kitimat Mayor Joanne Monaghan -
"The implementation of the First Nations Commercial and Industrial Development Act will help the Haisla in addressing the regulatory requirements surrounding complex development."
District of West of Vancouver Mayor Michael Smith -
"The District of West Vancouver looks forward to working with the Squamish Nation as they enter a new phase of economic development and prosperity. We will work together to develop a servicing agreement which is fair and equitable to both parties."
Quick facts:
Contact:
Maria Wilkie
Communications Director
Ministry of Aboriginal Relations and Reconciliation
250 953-3211
250 361-7720
Minister of Aboriginal Relations and Reconciliation Mary Polak spent the day in the community meeting with students and youth, and attending the community celebration.
On Oct. 21, 2011, chief negotiators for Canada, British Columbia and the Tla'amin Nation initialled a final agreement that included a commitment to transfer ownership of four parcels of land before the effective date of the treaty.
Three of the parcels are being transferred at this time, with a fourth parcel to be transferred in the coming months. The three parcels are:
* Oyster Plant parcel - 0.16 hectares of filled foreshore adjacent to the Tla'amin-owned property at the end of Cannery Road on the Okeover Inlet.
* Westview parcel - Three district lots of approximately 48.3 hectares that are part of a much larger parcel of treaty land. The Westview early transfer parcel is within the municipal boundary of Powell River and is bordered in the north by Tanner Avenue and Covey Road.
* Wharf Street - 0.08 hectares located close to the ferry terminal in Powell River. It is the parking lot at the intersection of Wharf Street and Willingdon Avenue.
* The total area of the three early transfer parcels is approximately 48.5 hectares.
Treaties and non-treaty agreements generate jobs for families and provide opportunities for First Nations and non-First Nation communities alike. They bring certainty to the land base, facilitate investment and build economic independence for First Nations.
The Tla'amin Final Agreement contains provisions for self-government, financial and land transfers. The land component will consist of approximately 8,322 hectares of treaty lands that include surface and sub-surface resources, and are comprised of 1,917 hectares of former Indian Reserves and 6,405 hectares of former Provincial Crown lands.
The final agreement will provide certainty with respect to Tla'amin Nation's treaty rights and title throughout its traditional territory. It will also provide opportunities for the First Nation to increase its participation in regional government.
Tla'amin Nation members who are eligible to vote will be going to the polls between June 8 and 16 to vote on the final agreement. If ratified, the next step would be for B.C. and Canada to introduce legislation, after which a date would be set for implementation of the treaty.
The Tla'amin Nation has approximately 990 members. Their traditional territory and reserve lands are located just north of Powell River.
Quotes:
Mary Polak, Minister of Aboriginal Relations and Reconciliation -
"The Tla'amin community has waited a long time for their treaty. The early transfer of land under this agreement provides some tangible benefits today as the work continues towards ratification and implementation. The land we are transferring supports opportunities for Tla'amin Nation to pursue community opportunities ahead of the treaty effective date."
Clint Williams, Chief of Tla'amin Nation -
"The early transfer of these three parcels of land is a significant step on the road to treaty for the Tla'amin Nation. These are tangible benefits that voters can point to as concrete examples of progress. The lands were selected for their economic development potential and the early transfer will allow the people of Tla'amin Nation to benefit from the value of the lands much sooner."
Learn More:
For more information about Tla'amin Nation and treaties in B.C., go to:
To view maps of the three parcels of transferred land, go to:
http://www.gov.bc.ca/arr/firstnation/sliammon/default.html
Contact:
Maria Wilkie
Communications Director
Ministry of Aboriginal Relations and Reconciliation
250 953-3211
250 361-7720 (cell)
Grace Adams
Tla'amin Nation
Negotiations Manager
604 483-8146 (cell)
Connect with the Province of B.C. at: www.gov.bc.ca/connect
]]>In the third round of funding from the FNCEBF, $610,000 will go to 11 First Nations communities across B.C. In the past year, B.C. has supported 41 projects in communities around the province, ranging from job training, joint ventures with industry and exploring ways for Aboriginal communities to participate in clean and renewable energy opportunities.
By providing funding for equity and capacity-building and feasibility/development projects, the fund helps to generate jobs for families and provide opportunities that benefit First Nations and non-First Nation communities alike, as well as building economic independence for First Nations.
For the Gitga'at First Nation, equity funding of $250,000 will support construction and operation of hydroelectric works that will virtually replace diesel power with clean and reliable power and create economic opportunities for the community by selling the power to BC Hydro for resale to the community of Hartley Bay.
Four communities will receive $30,000 each for community energy planning, to study their current energy sources and consumption, and assess clean energy alternatives for use in the future. Six communities will receive $40,000 each for feasibility studies and development work across a range of projects, including a wind power project that would be the first wind farm in B.C. owned and operated by First Nations.
The First Nations Clean Energy Business Fund was created in 2010 to support First Nations and new power projects. B.C. contributed an initial $5 million. A percentage of land and water rentals generated by eligible projects will be returned to the fund with the goal of the fund being completely self-revenue generating in the future.
Quotes:
Minister of Aboriginal Relations and Reconciliation, Mary Polak -
"The First Nations Clean Energy Business Fund continues to attract applicants from all corners of B.C. The range of projects being supported will bring tangible benefits to First Nation families and surrounding communities, and I look forward to seeing these First Nations lead the way in clean energy economic development opportunities that will benefit all British Columbians."
Chief Arnold Clifton, Gitga'at First Nation -
"Hartley Bay has been working to develop a clean energy solution for our community for many years in keeping with traditional and cultural practices of caring for the environment. The First Nations Clean Energy Business Fund has been supportive of this initiative since the inception of the fund. The equity contribution represents about one per cent of our projected costs. The Gitga'at see this as another step in reaching our goal of developing a clean energy solution for the community and thanks the Province for their support."
Chief James Delorme, Klahoose First Nation -
"The Klahoose First Nation is very pleased to be a successful applicant to the First Nations Clean Energy Business Fund. The commitment by the B.C. government to First Nations business puts Klahoose on the map for a successful green energy project. The economic boost to our community through this business support is well-received and will assist our people immensely."
Quick Facts:
Learn More:
For more information about the First Nations Clean Energy Business Fund and how to apply, please call toll-free 1 800 880 1022 or visit http://www.gov.bc.ca/arr/economic/fncebf.html
A backgrounder follows, detailing the 11 projects receiving funding.
Contact:
Maria Wilkie
Communications Director
Ministry of Aboriginal Relations and Reconciliation
250 953-3211
BACKGROUNDER
April 24, 2012 Ministry of Aboriginal Relations and Reconciliation
First Nations Clean Energy Business Fund - third round of funding
Gitga'at First Nation (Hartley Bay)
Funding: $250,000 Equity funding
Purpose: To construct and operate a 948-kilowatt small storage, run-of river hydroelectric facility in the Gabion River Watershed in Hartley Bay, which will enable the community to move away from diesel power and allow them to sell the produced power to BC Hydro for resale to the community of Hartley Bay. The planned facility will produce an estimated 2.1 gigawatts per year, replacing, on average, up to 2,100 tonnes of green house gases per year that are currently generated by diesel.
Gitxsan Energy Inc. (Hazelton)
Funding: $30,000 for Community Energy Planning capacity funding
Purpose: Build on existing work to support a regional energy planning study that will incorporate a development concept of a 30 MW biomass-to-electricity project.
Shackan Indian Band (Merritt)
Funding: $30,000 for Community Energy Planning capacity funding
Purpose: To support community economic development opportunities, including completing a comprehensive feasibility analysis on Shackan or Skuhun Creak, developing micro-hydropower financing and future planning strategies and supporting the community's sustainability energy vision and other clean energy opportunities.
Tobacco Plains Indian Band (Grasmere)
Funding: $30,000 for Community Energy Planning capacity funding
Purpose: To support a comprehensive assessment of various clean energy development opportunities with the aim of creating a clean energy development strategy. Potential projects include a small scale run-of-river hydropower, wind energy, a large-scale solar photovoltaic initiative on-reserve and an on-reserve bio-energy project.
Nuxalk Nation (Bella Coola)
Funding: $30,000 for Community Energy Planning capacity funding
Purpose: Creation of a community energy plan to support economic development and energy conservation.
Treaty 8 Tribal Council (Fort St. John)
Funding: $40,000 for Feasibility/Project Development capacity building
Purpose: Determine the engineering, preliminary construction and economic feasibility of moving the Mt. Lavitah Wind Farm project to the next phase.
If the project proceeds, it would be the first wind farm in B.C. owned and operated by First Nations and would provide tangible economic benefits to the First Nations through a long-term, lower-risk power purchasing agreement with BC Hydro.
Huu-ay-aht Development Corp. (Bamfield)
Funding: $40,000 for Feasibility/Project Development capacity building
Purpose: Survey a potential power-house site on the Sarita River to support an engineering review, carry out the terrestrial ecosystems assessment portion of the environmental impact assessment and complete preliminary engineering design of the project.
Coastal First Nations (North and Central Coast and Haida Gwaii)
Funding: $40,000 for Feasibility/Project Development capacity building
Purpose: Includes a feasibility study of a model that would allow significant volumes of renewable electricity to supply the rapidly developing LNG sector. This project is part of a larger initiative with B.C. under the Reconciliation Protocol Agreement to implement a Clean Energy Action Plan to advance clean energy development in the territories and deliver benefits to the Coastal First Nations.
Lower Nicola Indian Band (Merritt)
Funding: $40,000 for Feasibility/Project Development capacity funding
Purpose: Support the First Nation's involvement in a 36 megawatt biomass fuelled power generation facility next to the Tolko sawmill in Merritt. The project was awarded an Energy Purchase Agreement under the BC Hydro Phase II Bio-energy call and is moving towards completion. These resources will help the First Nation to do the business planning needed to secure financial and employment benefits for the community.
Klahoose First Nation (Squirrel Cove)
Funding: $40,000 for Feasibility/Development capacity building
Purpose: To engage with and continue their previous positive relationship with a proponent to reach an impact benefits agreement that would ensure that the First Nation realizes its full potential for economic development, investment and business opportunities arising from two run of river projects.
Cheslatta Carrier Nation (Burns Lake)
Funding: $40,000 for Feasibility/Development capacity building
Purpose: Assist in the development of a feasibility study to design, construct and operate the Kenny Dam Water Release Facility, which would include a 44 megawatt hydroelectric facility.
Contact:
Maria Wilkie
Communications Director
Ministry of Aboriginal Relations and Reconciliation
250 953-3211
Polak joined the Kwantlen community to celebrate the signing of a Forest Consultation and Revenue Sharing Agreement (FCRSA) that reflects 'on the ground' forestry activity in Kwantlen's traditional territory. The Kwantlen First Nation is located in areas along the Fraser River and Stave River in areas of Fort Langley, Maple Ridge and Mission.
Kwantlen's FCRSA agreement flows a percentage of the forestry revenue directly back into the community and allows the First Nation to decide where it is needed most. The three-year agreement provides Kwantlen with $81,464 in the first year.
B.C. launched a new harvest-based revenue-sharing model in December 2010 and to date has signed 87 FCRSA agreements with First Nations throughout the province.
In addition to revenue-sharing, FCRSAs also provide a consultation process for operational decisions related to forestry in the area. This streamlines consultation, provides certainty to the land base and provides a positive investment environment for industry and opportunities for First Nations and non-First Nations community members.
First Nations have used the revenue for purposes ranging from funding support for land and resource negotiations, community hall improvements and youth worker funding, to community information sessions, after-school care and education programs.
Another Stó:lo community, Seabird Island, used their FCRSA agreement to help get their logging crew back up and working full-time on their forest licence, providing training opportunities within their community by bringing younger members on as part of the crew.
First Nations are managing over 300 tenures throughout the province and, as of January 2012, held tenures representing over 15 per cent of B.C.'s allowable annual cut.
B.C.'s recently released Forest Sector Strategy makes partnerships with First Nations in forestry a priority. Over the next year, the Province will pursue new forest tenure opportunity agreements that provide First Nations with both short and longer-term certainty of supply for their businesses, with the goal of achieving 13 new tenure agreements in 2012-13.
In December 2011, B.C. signed the first-ever First Nations Woodland Licence, with the
Huu-ay-aht First Nation, which allows First Nations to manage specified areas of Crown forest next to, or within their traditional territories, to support local economies and allow communities to manage forest lands consistent with their culture and values. Eight new First Nations Woodland Licences are expected in 2012-13.
Quotes:
Minister of Aboriginal Relations and Reconciliation Mary Polak -
"First Nations participation is a vital part of B.C.'s forest sector and the signing of this FCRSA agreement with the Kwantlen First Nation will allow them to continue to participate in and benefit from harvesting activity in their traditional territory."
"By signing this FCRSA agreement, Kwantlen will be putting forestry revenue back into their community to help realize economic and social goals, while supporting industry with clarity on operational decisions."
Chief Marilyn Gabriel of the Kwantlen First Nation -
"This new agreement provides good opportunity for our community to continue to build capacity, diversify our economy and play a larger and more involved role in forestry activity within our traditional territory. I am encouraged that a share of forestry revenue will flow back to the benefit of our community."
Minister of Energy and Mines and MLA for Fort Langley-Aldergrove Rich Coleman -
"In 2006, when I was Minister of Forests and Range, Kwantlen First Nation signed B.C.'s first-ever Forest and Range Opportunity Agreement. I'm delighted that Kwantlen are continuing to play an important role in the forest sector with this new agreement, which will contribute to the continued development and well-being of their community and all of the people of Fort Langley."
Learn More:
To see a copy of the Kwantlen First Nation agreement, go to: http://www.newrelationship.gov.bc.ca/agreements_and_leg/forestry.html
To see a copy of Our Natural Advantage: Forest Sector Strategy for British Columbia, go to:
http://www.for.gov.bc.ca/mof/forestsectorstrategy
Contacts:
Maria Wilkie
Communications Director
Ministry of Aboriginal Relations and Reconciliation
250 953-3211
Tumia Knott
Kwantlen First Nation
604 218-5176
In his new overseeing role, Dr. Adams will work alongside Provincial Health Officer Dr. Perry Kendall and Deputy PHO Dr. Eric Young by providing independent direction on First Nations and Aboriginal health issues to the Ministry of Health, reporting to citizens on health issues affecting the general population, and setting out a path for the improvement of First Nations and Aboriginal health and wellness. Dr. Adams's new role reflects a strengthening of the partnership between the Province of B.C. and B.C. First Nations.
Dr. Adams is a Coast Salish physician and actor from the Sliammon First Nation located near Powell River. Previously he served as Aboriginal health physician advisor to government and the First Nations Health Council, contributing to positive developments in health for all citizens in B.C. while making substantial improvements in service delivery to First Nations in the province.
As the chief resident during his family practice residency in the Aboriginal Family Practice Program at St. Paul's Hospital in Vancouver, he won the provincial Family Medicine Resident Leadership Award from the College of Family Physicians of Canada (CFPC) and the Murray Stalker Award from the CFPC Research and Education Foundation. He was named as a role model by the National Native Alcohol and Drug Abuse Program and has worked with First Nations youth in health promotions and life-skills workshops across Canada.
Dr. Adams is the past president of the Healing Our Spirit B.C. First Nations AIDS Society, which provides prevention education for Aboriginal people in urban and rural communities throughout the province, as well as being a past president of the Indigenous Physicians Association of Canada, and the director of the Division of Aboriginal Peoples Health in the University of British Columbia Faculty of Medicine.
From a directive and overseeing position since his appointment as the top physician advisor on Aboriginal Health, down to working first-hand with one of the most at-risk Aboriginal populations in the country in Vancouver's downtown eastside, Dr. Adams brings invaluable on-the-ground and executive experience.
His appointment is yet another positive step for First Nations health-care representation in B.C., bringing greater Aboriginal perspective and representation to the provincial table with the goal of raising the quality of life for First Nations and all citizens.
Dr. Adams is a full-scholarship alumnus from Victoria's St. Michaels University School and Lester B. Pearson College of the Pacific. He also studied general science at the University of B.C., completed his medical doctorate at the University of Calgary, and a masters of public health at the Johns Hopkins Bloomberg School of Public Health in Baltimore, Maryland. As a successful actor, he has starred in mainstream films and television, and has won a best actor award from the American Indian Film Festival as well as a 1999 Independent Spirit Award. He was also awarded a Gemini for "Best Host" for his appearance on the National Aboriginal Achievement Awards broadcast.
Dr. Adams's appointment takes effect April 1, 2012.
Quotes:
Minister of Health Michael de Jong -
"I am very pleased that Dr. Adams is the new Deputy PHO. We have always worked to find innovative ways to support Aboriginal health in this province and this new position can only help to reform systems, create better policies and achieve better Aboriginal health outcomes."
Dr. Evan Adams, Deputy Provincial Health Officer for Aboriginal Health -
"I am pleased the Office of the Provincial Health Officer is so eager to support Aboriginal health and I am honoured to step up into the position and help our people. We have worked a long time to find ways to support Aboriginal health in this province and I think this new position can only help to reform systems, create better policies and achieve better Aboriginal health outcomes.
"I am very proud to be named Deputy PHO and look forward to expanding on my work as Aboriginal Health Physician Advisor. There is still a lot of work to bring Aboriginal peoples' health status in line with that of other British Columbians, but if we all work together, we can make a difference."
Joe Gallagher, CEO First Nations Health Council -
"The elevation of Dr. Adams' position from that of Aboriginal Physician Advisor to Deputy PHO represents a huge step forward in the evolution of a First Nation provincial partnership."
Grand Chief Doug Kelly, First Nations Health Council -
"I am pleased that a member of our First Nations community who has taken on the challenge of education and the role of a health professional is now taking on a more significant role in the health care system in B.C. Congratulations and good luck to Dr. Adams on his step forward and into the important work ahead."
Dr. Perry Kendall, Provincial Health Officer -
"Dr. Adams has already made a strong contribution to Aboriginal health here in B.C., and I know that he will continue to do so as Deputy PHO. His appointment will significantly strengthen the capacity of the Office and I look forward to working with him in this enhanced role".
Learn More:
First Nations Health Council: www.fnhc.ca
Tripartite First Nations Health Plan: www.gov.bc.ca/arr/social/health/down/tripartite_health_plan_signed.pdf
Transformative Change Accord First Nations Health Plan: http://www.fnhc.ca/pdf/TCA_FNHP.pdf
A backgrounder follows.
Contacts:
Ryan Jabs
Media Relations Manager
Ministry of Health
250 952-1887 (media line)
Davis McKenzie
Communications and Public Relations Director
First Nations Health Authority
778 835-8276
dmckenzie@fnhc.ca
Connect with the Province of B.C. at: www.gov.bc.ca/connect
BACKGROUNDER
March 30, 2012 Ministry of Health
First Nations Health Council
First Nations Health Authority
First Nations Health Plan
First Nations, through the First Nations Health Council and First Nations Health Society, the Province of B.C. and the Government of Canada have been working in partnership for a number of years to improve the health and wellness of First Nations in B.C. Their commitments are captured in the 2006 Transformative Change Accord First Nations Health Plan (TCA: FNHP) and 2007 Tripartite First Nations Health Plan (TFNHP).
These plans both set out ambitious guidelines to improve the health status of First Nations people in B.C. They describe a number of health actions that the Province, Health Canada and B.C. First Nations are implementing to support health systems transformation for First Nations people, including the development and implementation of a new governance structure for First Nations health in B.C.
A critical provision contained in the TCA: FNHP was the appointment of an Aboriginal physician advisor to monitor and report on the health status of Aboriginal people in B.C. and to track progress against the performance indicators outlined in the plan. This was realized in 2008 with the appointment of Dr. Adams, and represents a shared commitment to the TCA: FNHP and TFNHP.
Since this time, provincial and First Nations representatives have worked as collaborative partners both in terms of health actions as well as the establishment of the B.C. Tripartite Framework Agreement on First Nation Health Governance in October 2011. The elevation of Dr. Adams' role from Aboriginal physician advisor to that of Deputy PHO with the appropriate legislative authority represents yet another joint accomplishment on this transformative journey.
As Deputy PHO, Dr. Adams will work with the First Nations Health Authority (FNHA) in improving the quality of data collected and health indicators related to First Nations health.
The evolution of the First Nations Health Society into the FNHA maintains the overseeing mandate of improving First Nations health and health service delivery in the province while increasing responsibilities and the authority of the organization.
As the interim health authority, responsibilities include the transition of the B.C. Regional First Nations and Inuit Health office and the Head Quarters' components of Health Canada to the FNHA, as well as restructuring a number of key internal positions for necessary support.
Contacts:
Ryan Jabs
Media Relations Manager
Ministry of Health
250 952-1887 (media line)
Davis McKenzie
Communications and Public Relations Director
First Nations Health Authority
778 835-8276
dmckenzie@fnhc.ca
COMOX - Chief Ernie Hardy of the K'ómoks First Nation, the Honourable John Duncan, Minister of Aboriginal Affairs and Northern Development and the Honourable Mary Polak, Minister of Aboriginal Relations and Reconciliation, signed an Agreement-in-Principle (AIP) today under the B.C. Treaty Process.
The AIP lays a framework for final negotiations toward a legally binding treaty.
"The signing of the K'ómoks First Nation Agreement-in-Principle demonstrates that the B.C. treaty process is producing results," said Minister Duncan. "The K'ómoks First Nation Agreement-in-Principle is a key step toward a treaty, which will provide the basis for the K'ómoks First Nation to build a new future for its community, bringing change and new economic opportunities to the First Nation, as well as to the regions along the east coast of Vancouver Island."
"K'ómoks First Nation has a strong entrepreneurial spirit and has successful business operations on Vancouver Island. A treaty will bring increased certainty on the land and direct economic benefits to the K'ómoks people and surrounding communities," said Minister Polak. "I congratulate Chief Ernie Hardy and the members of the K'ómoks First Nation as they move toward a final agreement that will provide greater social and economic opportunities for this and future generations."
"This is the first step towards a prosperous future for my people. It is an historic day for the K'ómoks Nation, I am proud to have been a part of this," said Chief Ernie Hardy.
Today's signing of the K'ómoks First Nation Agreement-in-Principle officially signals the start of Final Agreement negotiations, a significant step toward a treaty. A treaty will provide the basis for the K'ómoks and its members to realize their aspirations to participate more fully in the economic, political, cultural and social life of British Columbia. It will help preserve and enhance the collective identity of K'ómoks and allow it to evolve and flourish as a community.
The K'ómoks First Nation is located on the east coast of Vancouver Island. The K'ómoks are descendants of Northern Coast Salish, Pentlatch and Kwak'wak'awa'kw people whose heritage, history and culture, including their language and spiritual practices, are tied to the lands, waters, and resources in this area.
The K'ómoks First Nation Agreement-in-Principle includes provisions for approximately 2,043 hectares of land, and a capital transfer of $17.5 million once a final agreement is reached.
The K'ómoks First Nation Agreement-in-Principle is available at: www.comoxbandtreaty.ca
For more information about the K'ómoks First Nation, and treaties in B.C. and Canada, and photos available for download please visit these websites:
Photos available for download:
A backgrounder follows.
Media Contacts:
K'ómoks First Nation
Melissa Quocksister
Communications Officer
250 339-4545
Ministry of Aboriginal Relations and Reconciliation
Maria Wilkie, Communications
250 953-3211
250 361-7720 (cell)
Minister's Office
Jan O'Driscoll
Press Secretary
Office of the Honourable John Duncan
819 997-0002
Aboriginal Affairs and Northern Development Canada
Media Relations
819 953-1160
You can receive all Aboriginal Affairs and Northern Development Canada news and media updates automatically. For more information or to sign up for our Media Room RSS Feed, visit: http://www.aadnc-aandc.gc.ca/eng/1291225661056
BACKGROUNDER
Agreement-in-Principle between K'ómoks First Nation, Canada and British Columbia
An Agreement-in-Principle, the second-to-last stage in the treaty negotiation process, addresses all the subject matter in the earlier Framework Agreement. The K'ómoks First Nation Agreement-in-Principle (AIP), while not legally binding, forms the basis for final agreement negotiations.
A treaty will bring certainty with respect to K'ómoks First Nation's rights to use, own and manage lands and resources throughout its traditional territory. It will provide the K'ómoks First Nation with modern governance tools to build strong and workable relationships with other governments, including federal, provincial and local governments.
The following outlines the elements of an eventual Final Agreement as outlined in the Agreement-in-Principle.
Land
The K'ómoks First Nation Agreement-in-Principle land package consists of approximately 2,043 hectares of treaty settlement lands (including former reserves). Under a treaty, the land will be held in fee simple by the K'ómoks First Nation. Fee-simple ownership would give the K'ómoks First Nation the flexibility to manage their lands and generate long-term economic benefits.
Governance
Under a treaty, the K'ómoks First Nation would operate within the framework of the Constitution of Canada and the Canadian Charter of Rights and Freedoms will apply to the K'ómoks First Nation government.
The K'ómoks First Nation would have its own constitution that will provide for the structure of the K'ómoks First Nation government and include a process for K'ómoks members to challenge the validity of K'ómoks laws.
The First Nation's Constitution would also provide for a government that is democratically and financially accountable to the members (those people who are enrolled in, and will benefit from, the treaty).
With the exception of determining Indian status, after a transition period the Indian Act would no longer apply to the K'ómoks First Nation, their lands or members.
In addition to K'ómoks laws, federal and provincial law would also apply on treaty settlement lands, or K'ómoks Lands. The treaty would set out which law prevails if a K'ómoks law conflicts with a federal or provincial law.
Financial Components
The K'ómoks First Nation would receive a capital transfer of $17.5 million with funding for programs and services, such as education, being provided through funding agreements.
Resource Harvesting Rights
The K'ómoks First Nation would have the right to harvest wildlife and migratory birds for food, social and ceremonial purposes within the K'ómoks Harvest Area. They will also have the right to gather plants for these purposes on provincial Crown lands within the K'ómoks Harvest Area. These rights would be subject to conservation measures, public health and public safety regulations.
The K'ómoks First Nation Agreement-in-Principle is available at: www.comoxbandtreaty.ca
Media Contacts:
K'ómoks First Nation
Melissa Quocksister
Communications Officer
250 339-4545
Ministry of Aboriginal Relations and Reconciliation
Maria Wilkie, Communications
250 953-3211
250 361-7720 (cell)
Minister's Office
Jan O'Driscoll
Press Secretary
Office of the Honourable John Duncan
819 997-0002
Aboriginal Affairs and Northern Development Canada
Media Relations
819 953-1160
You can receive all Aboriginal Affairs and Northern Development Canada news and media updates automatically. For more information or to sign up for our Media Room RSS Feed, visit: http://www.aadnc-aandc.gc.ca/eng/1291225661056
]]>Gathering Our Voices is hosted each year by the BC Association of Aboriginal Friendship Centres. This year, more than one thousand Aboriginal youth from across Canada, between the ages of 14 and 24, will take part in the conference, which is held in a different region of the province each year.
This year, Gathering Our Voices focuses on the themes of Aboriginal health, language, culture, the environment, education, life-long learning, sports and recreation. These themes will be reflected in over 50 workshops, a 50-booth career and education fair, cultural and recreational activities, evening events and motivational speakers.
This year's conference is being co-ordinated by Della Preston, a graduate of the B.C. government's Aboriginal Youth Internship Program. This program gives youth the opportunity to build skills that they can then use in the broader world. After her internship at the Ministry of Aboriginal Relations and Reconciliation and the Musqueam Indian Band, Preston was hired by the BC Association of Aboriginal Friendship Centres as their Youth Conference Co-ordinator.
Quotes:
Aboriginal Relations and Reconciliation Minister Mary Polak -
"Gathering Our Voices gives Aboriginal youth a chance to connect and learn about the tools available to help them make choices about education and the careers available to them."
"The Province's support for this conference is an investment in the future, because Aboriginal youth are the fastest-growing demographic in the province and will play a key role in keeping B.C. strong."
Children and Family Development Minister Mary McNeil -
"This conference is a wonderful opportunity to bring together Aboriginal youth from across the province to share their knowledge and experiences."
"Gathering Our Voices provides Aboriginal youth with access to role models and mentors in their communities and is a worthwhile investment that serves to build a strong foundation for the future."
Parksville-Qualicum MLA Ron Cantelon -
"I am looking forward to attending this year's Gathering Our Voices conference, which is an incredible opportunity for Aboriginal youth from across Canada to connect."
"It's an honour for Nanaimo to host this event, now in its tenth year, at the Vancouver Island Conference Centre."
Quick Facts:
Learn More:
For more information about Gathering Our Voices, visit: http://www.bcaafc.com/newsandevents/gathering-our-voices
For information about the provincial government's Aboriginal Youth Internship Program, visit:
http://www.employment.gov.bc.ca/aboriginal_youth_internship_program
Contact:
Maria Wilkie
Communications Director
Ministry of Aboriginal Relations and Reconciliation
250 361 7720
VICTORIA - B.C. has reached successful agreements with First Nations that deliver specific, practical benefits for communities, companies and the province by shortening project timelines, facilitating faster permits for projects, and creating new jobs, partnerships and training programs.
These are just a few examples of significant progress made by government in the last year to improve the lives of British Columbians and their families by creating and protecting jobs, by becoming more open and transparent, and by continuing to be fiscally responsible in these uncertain economic times.
British Columbia has a unique government-to-government relationship with First Nations. The Province recently announced the new Aboriginal Business and Investment Council, chaired by Haisla Chief Councillor Ellis Ross. The council will work with Aboriginal communities and the private sector to foster economic participation, development and investment in Aboriginal communities.
The Province also signed a Land and Resource Management and Shared Decision-Making Agreement with the Taku River Tlingit First Nation this year, creating 13 new protected areas, providing resource development opportunities and investment certainty for more than three million hectares in northwestern B.C. The Taku River Tlingit have already begun to work co-operatively with mining developers in the area and future resource extraction projects are expected to support around 350 jobs during construction and 280 operations jobs.
British Columbia is also working with the Haisla and other First Nations to develop the Liquid Natural Gas (LNG) sector. The Kitimat LNG facility in northern B.C. is attracting investment, and creating jobs and business opportunities.
Since taking effect in 2009, the Tsawwassen treaty has enabled the First Nation to sit on Metro Vancouver and initiate a multi-million dollar infrastructure project that will result in about 167,225 square metres (1.8 million square feet) of shopping, office and entertainment space. The Tsawwassen treaty is the first modern-day treaty achieved under the B.C. Treaty Commission process.
These agreements and investments propel First Nations into fuller economic participation, provide jobs and new partnerships, and demonstrate the Province's commitment to ensuring that Aboriginal people are an integral part of B.C.'s economic future.
Quotes:
Spokesperson John Ward, Taku River Tlingit First Nation -"Implementation of our government-to-government agreement with the Province will be as challenging as negotiating it, but it's important to say that this agreement is the beginning of a new way of doing business, a new beginning for the relationship between our two governments. It represents a firmly held commitment by all parties - industry, B.C., the community of Atlin and the Taku River Tlingit - to build a brighter future for the region as a whole."
Quick Facts:
Learn More:
Ministry of Aboriginal Relations and Reconciliation: www.gov.bc.ca/arr/
Contact:
Maria Wilkie
Communications Director
Ministry of Aboriginal Relations and Reconciliation
250 361 7720
Polak and Jobs, Tourism and Innovation Minister Pat Bell joined members of the Nanwakolas First Nations to celebrate three significant milestones in the growing partnership with Nanwakolas Council Society: a reconciliation protocol, a forestry agreement and an addition to the Strategic Engagement Agreement.
A new reconciliation protocol will help five Kwakwaka'wakw First Nations, members of the Nanwakolas Council, maintain their important relationship to the land, while supporting communities and economic growth. The agreement will help the First Nations develop their economy through opportunities in forestry, tourism and clean energy.
Through the protocol agreement, B.C. also agrees to discuss revenue-sharing opportunities for tourism, mines and clean-power projects that may be developed. Carbon-offset sharing opportunities will be implemented, similar to reconciliation protocol agreements signed with the Coastal First Nations and Council of the Haida Nation.
The protocol agreement focuses on strengthening community prosperity and social development, which will in turn lay the foundations for improved community well-being. The First Nations will identify their social priorities through community plans and collaborate with the Province to determine programs and services that will help them achieve their human well-being objectives.
One of the key benefits of the protocol is the negotiation of a comprehensive forestry schedule that also takes effect today.
The forestry schedule gives the five First Nations access to 52,993 cubic metres of timber per year in various replaceable licences and 39, 457 cubic metres per year in five-year, non-replaceable licences. The schedule also commits the First Nations and Province to reach agreement on a model for joint-decision making on strategic forest management issues and enhanced forestry revenue-sharing, which will provide stability and certainty for all forestry operators in the area.
As another example of the growing relationship with the Nanwakolas First Nations, the Wei Wai Kum (formerly Campbell River) First Nation has chosen to join the Strategic Engagement Agreement (SEA) between the Province and Nanwakolas. First signed in 2009, seven Nanwakolas First Nations have now joined the agreement that formalizes a single window for referrals on natural resource applications within Nanwakolas traditional territory, providing increased certainty to investors.
Wei Wai Kum's participation adds approximately 80,000 hectares to the agreement, for a total of approximately 3.5 million hectares. There are currently 13 major project proposals in the SEA area. As a result of signing the Strategic Engagement Agreement, Wei Wai Kum First Nation will receive a percentage increase in the revenue-sharing agreed to in their Forestry Consultation and Revenue Sharing Agreement.
In the two years since it was implemented, the SEA has shown positive results. More than 90 per cent of referrals to First Nations are being completed within targeted timelines, resulting in greater predictability for industry and resource development.
B.C. and Nanwakolas have a long-standing, strong government-to-government relationship established in several agreements dating back to 2001. As a symbol of their relationship a traditionally-carved, 11-meter canoe that was paddled in Vancouver as part of the 2010 Olympics was gifted to the Province by Nanwakolas Council President Dallas Smith. It will be permanently installed on display in the Vancouver Convention Centre.
Quotes:
Shawn A-in-chut Atleo, National Chief of the Assembly of First Nations -
"This protocol is an opportunity for lasting and comprehensive reconciliation between the Nanwakolas First Nations and British Columbia that will help the First Nations achieve progress toward their social and economic goals. The protocol will help provide increased certainty for business and a stronger economic base, with economic and employment benefits for the Nanwakolas First Nations and neighbouring communities."
Pat Bell, Minister of Jobs, Tourism and Innovation -
"Over the last 10 years, the Province and various Nanwakolas First Nations have begun to create a more positive operating environment for business, to strengthen B.C.'s investment climate and reduce the consultation burden. The reconciliation protocol provides the Nanwakolas Council with strategic access to Crown lands to develop back country recreational activities, which will strengthen tourism opportunities across the region.
"I also want to thank Nanwakolas Council President Dallas Smith for donating the traditionally carved canoe that was used during the Vancouver 2010 Olympic Winter Games. The canoe will be on permanent display at the Vancouver Convention Centre as a legacy of the Games and the Nanwakolas people."
Mayor of Port McNeill Gerry Furney -
"As mayor of Port McNeill for 36 years, I've seen our relationship with the Nanwakolas First Nations make great strides. These agreements support development that is guided by the mutual interests of the First Nations, B.C. and local municipalities. I congratulate the Province and the Nanwakolas Council on reaching an agreement that will support a sustainable economy and jobs, while at the same time ensuring environmental and cultural protection."
Quick Facts:
Learn More:
To find out more about these agreements, go to: http://www.newrelationship.gov.bc.ca/agreements_and_leg/reconciliation.html.
Contacts:
Maria Wilkie
Communications
Ministry of Aboriginal Relations and Reconciliation
250 953-3211
250 361-7720 (cell)
Dallas Smith
President
Nanwakolas Council Society
250 203-0280
For more information about Nanwakolas First Nations: www.nanwakolas.com
]]>Haisla's addition to the Coastal First Nations Reconciliation Protocol supports further opportunities in the Northwest. Applicants for tenures or permits will now have a clearer sense of how long it will take to review applications, to help them in their planning processes. For example, when a company is applying for permits for things like log storage facilities or forestry development plans, the protocol lays out timelines within which they can expect a decision from the First Nation, and what level of consultation is required.
Haisla will receive $30,000 per year for the next four years to develop additional capacity to address referrals from provincial agencies.
The Haisla Nation is working in partnership with the B.C. government and private industry regarding the proposed Kitimat liquefied natural gas (LNG) terminal, highlighted when Premier Christy Clark was joined by Haisla Chief Councillor Ellis Ross in September for the launch of the BC Jobs Plan which includes steps the Province will take to grow a viable LNG industry.
Haisla Nation is the seventh First Nation to sign the Reconciliation Protocol. Through the agreement Coastal First Nations participate in information sharing and recommendations related to resource and land-use, and revenue sharing, including the sharing of atmospheric benefits.
Quick Facts:
Haisla Nation is located at Kitamaat Village, 10 km south of Kitimat, at the head of the Douglas Channel on B.C.'s north coast.
The Coastal First Nations Reconciliation Protocol was originally signed in December 2009 by the Gitga'at First Nation, Heiltsuk Nation, Kitasoo Indian Band, Metlakatla First Nation and Wuikinuxv Nation. The Nuxalk Nation joined the protocol in December 2010.
Since the protocol was first signed, government and the signatory First Nations have partnered to:
Learn More:
To learn more about the Coastal First Nations Reconciliation Protocol and to see a copy of this agreement, please visit: http://www.newrelationship.gov.bc.ca/agreements_and_leg/reconciliation.html
For a photograph of Polak with the Chief Councillor and Deputy Chief Councillor of the Haisla Nation, please visit:
http://www.flickr.com/photos/bcgovphotos/5979245593/in/set-72157626169219923
Media Contacts:
Maria Wilkie
Communications Director
Ministry of Aboriginal Relations and Reconciliation
250 953-3211
250 361-7720 (cell)
Five communities will receive $30,000 each for community energy planning. This funding will help these communities to study how they currently use energy and look at possible alternative energy options for the future. Nine communities will receive $40,000 each for feasibility studies and development work on a range of projects, including run-of-river, biomass and geothermal projects.
Quick Facts:
* The First Nations Clean Energy Business Fund was created to support First Nations and new power projects, with an initial contribution of $5 million from B.C.
* Over time, the fund is expected to receive additional revenue from new power projects based on a percentage of land and water rentals.
* The first intake of the fund was announced in July 2011, with 16 Aboriginal communities benefiting from a total of $850,000 in funding.
* The First Nations Clean Energy Business fund promotes increased First Nation participation in the clean energy sector through:
Learn More:
For more information about the First Nations Clean Energy Business Fund and how to apply, please call toll-free 1 800 880-1022 or visit: http://www.gov.bc.ca/arr/economic/fncebf.html
A backgrounder follows, detailing the 14 projects receiving funding.
Contact:
Maria Wilkie
Communications Director
Ministry of Aboriginal Relations and Reconciliation
250 953-3211
BACKGROUNDER
Nov. 18, 2011 Ministry of Aboriginal Relations and Reconciliation
First Nations Clean Energy Business Fund - second round of funding
Chawathil First Nation (near Hope)
Funding: $30,000 for Community Energy Planning capacity funding
Purpose: Develop capacity, assess the potential for developing alternative energy projects, and develop a strategic energy plan for pursuing their vision for a green energy future.
In-SHUCK-ch Nation (Lillooet River Valley)
Funding: $30,000 for Community Energy Planning capacity funding
Purpose: Complete community vision and energy planning, define the internal business plan and update the community's power planning.
Lower Kootenay Indian Band (near Creston)
Funding: $30,000 for Community Energy Planning capacity funding
Purpose: First stage of the community's involvement within the clean energy sector. This funding will be used to help them identify clean energy projects within the band's reserve and stewardship lands and to perform a preliminary feasibility assessment on the most promising project opportunities.
Tit'q'et First Nation (near Lillooet)
Funding: $30,000 for Community Energy Planning capacity funding
Purpose: Assist in the development of a community energy business plan that will allow the First Nation to develop alternative energy projects within their traditional territory and create new economic and employment opportunities for their people.
Xeni Gwet'in First Nation Government (Nemiah Valley)
Funding: $30,000 for Community Energy Planning capacity funding
Purpose: Examine energy efficiency opportunities, clean energy opportunities and collaborative opportunities for energy reliance. The funding will be used to complete Community Energy Planning for the Xeni Gwet'in and Yunesit'in communities.
Gitwinkishlkw - Nisga'a Village (Nass Valley)
Funding: $40,000 for Feasibility/Project Development capacity building
Purpose: Complete a geothermal assessment and develop the options for the business development/business plan.
Kelly Lake Métis (southwest of Dawson Creek)
Funding: $40,000 for Feasibility/Project Development capacity building
Purpose: Use the data from a completed feasibility study to finalize a business and deployment plan for a biomass and waste-to-energy facility.
Lil'wat Nation/Mt. Currie (near Lillooet)
Funding: $40,000 for Feasibility/Project Development capacity building
Purpose: Complete a feasibility study and provide all of the necessary information for the development of a community owned run-of-river micro-hydro power project producing approximately 5.8MW of electricity.
Simpcw First Nation (near Barriere)
Funding: $40,000 for Feasibility/Project Development capacity building
Purpose: Complete the feasibility study of a run-of-river micro-hydro project and potential partnership with an industry proponent and secure an equity position within the project.
Shuswap Indian Band (near Invermere)
Funding: $40,000 for Feasibility/Project Development capacity building
Purpose: Perform technical and financial reviews and summaries to assess the Beaver River Hydro Complex project and assess the opportunity of developing a joint venture leading to the design, construction and operation of a project in partnership with the current project proponent.
Sts'ailes First Nation (near Agassiz)
Funding: $40,000 for Feasibility/Project Development capacity building
Purpose: Train First Nation members on the systems and protocols needed to monitor the construction activities for six power projects that will be built over the next few years and maximize economic benefits for the community, including pursuing joint ventures with local businesses.
T'Sou-ke First Nation (Sooke)
Funding: $40,000 for Feasibility/Project Development capacity building
Purpose: Complete a report that analyzes the environmental and economic feasibility impacts of installing an anaerobic digester as part of the band-operated wastewater treatment facility located on the T'Sou-ke First Nation land.
Tseshaht First Nation (near Port Alberni)
Funding: $40,000 for Feasibility/Project Development capacity building
Purpose: Complete a feasibility study and provide all of the necessary information for the development of the 4MW run-of-river micro-hydro power project.
Wei Wai Kai First Nation (Quadra Island)
Funding: $40,000 for Feasibility/Project Development capacity building
Purpose: Complete feasibility studies in the development of the Amor de Cosmos and Little Bear (Pye) Creek proposed run-of-river micro-hydro projects.
Contact:
Maria Wilkie
Communications Director
Ministry of Aboriginal Relations and Reconciliation
250 953-3211
http://www.newrelationship.gov.bc.ca/agreements_and_leg/other.html
Media contacts:
Chief William Charlie
Sts'ailes
604 796-2116
Maria Wilkie
Ministry of Aboriginal Relations and Reconciliation
250 361-7720
The council was first announced on the final day of the Collaboration to End Violence: National Aboriginal Women's Forum in June. Since June, government has been talking to Aboriginal leaders across the province to ensure that the council is representative of a broad cross-section of Aboriginal groups.
The council will provide advice to government through the minister on how to improve the quality of life for Aboriginal women in B.C. Some of the tasks for the council members include:
The council will be chaired by leading Aboriginal women's advocate Wendy Grant-John.
The other council members bring a range of experience and knowledge from regions across B.C. and were selected from a diverse range of Aboriginal people and organizations:
Quick Facts:
Learn More:
For more information including the Terms of Reference for the Minister's Advisory Council on Aboriginal women, visit: www.gov.bc.ca/arrr
A backgrounder follows.
Contact:
Maria Wilkie
Communications Director
Ministry of Aboriginal Relations and Reconciliation
250 953-3211
250 361-7720 (cell)
BACKGROUNDER
Nov. 8, 2011 Ministry of Aboriginal Relations and Reconciliation
Biographies of council members
Wendy Grant-John (Chair)
Wendy Grant-John is a mother, grandmother, former chief of the Musqueam Nation and the first woman to be elected as vice-chief to the Assembly of First Nations. She has been working to advance Aboriginal cultural, social and political issues for more than 30 years.
Charlene Belleau
Charlene Belleau of the Esketemc First Nation is from the Interior of British Columbia. She is a former Chief of her First Nation and is currently Director of the Residential Schools Unit of the Assembly of First Nations.
Mary Tegee
Mary Tegee is from the Takla Lake First Nations in northcentral B.C. She is the Carrier Sekani Family Services Director and provides cross-cultural training to agencies and individuals who offer services to the Carrier Sekani people. She believes that community wellness depends on nurturing tradition, cultural values and the environment.
Chief Kim Baird
Chief Kim Baird is from the Tsawwassen First Nation on the Lower Mainland. Chief Baird has served as Chief of the Tsawwassen First Nation since 1999. She successfully negotiated B.C.'s first urban treaty and has the distinction of being the first Aboriginal women to address the B.C. legislature in October 2007 when the Tsawwassen Treaty legislation process was initiated.
Sophie Pierre
Sophie Pierre is the current Chief Commissioner of the B.C. Treaty Commission. She led the St. Mary's Indian Band for 30 years as elected chief and was the administrator of the Ktunaxa/Kinbasket Tribal Council for 25 years. She has also served on the boards of many major organizations, including BC Hydro and the First People's Congress.
Darlene Shackelly
Darlene Shackelly, Executive Director of the Native Courtworker and Counselling Association of BC. Darlene is from the Kwakiutl First Nation on Vancouver Island and is a member of the Nooaitch First Nation band. She has dedicated the last 28 years to working with the Native Courtworker and Counselling Association of British Columbia, and has been the Executive Director for the past 10 years.
Paulette Flamond
Paulette Flamond is from Northeast B.C. Paulette currently sits on the Native Economic Development Advisory Board for the Ministry of Aboriginal Relations and Reconciliation, and is currently Vice President of the B.C. Aboriginal Business Service Network Society and a Board Member of the Fort St. John Métis Society.
In 2007, she was appointed to the Northern Development Initiative Trust and in 2009 was awarded an Aurora Award of Distinction as the Aboriginal Women of the Year as well as the Economic Developer of the Year by the Council for the Advancement of Native Development Officers.
Debbie Williams
Debbie Williams is the Executive Director of the Hiiye'yu Lelum House of Friendship Association in Duncan on Vancouver Island, and has an urban Aboriginal focus. She also serves as the Representative to the National Association of Friendship Centres Board of Directors, an ex-officio position to the B.C. Association of Aboriginal Friendship Centres Executive Committee.
Judy Graves
Judy Graves has worked for many years in Vancouver's Downtown East Side. She is a City of Vancouver Housing Advocate for Vancouver's Homeless Outreach Program and has worked with the city's homeless since 1974, most recently coordinating City Hall's Tenant Assistance program, which aims to mitigate the impact of development on low-income tenants and the homeless. She has received honourary doctorates from the University of British Columbia and Corpus Christi College.
Contact:
Maria Wilkie
Communications Director
Ministry of Aboriginal Relations and Reconciliation
250 953-3211
250 361-7720 (cell)
"The Tla'amin treaty negotiators have completed negotiations with British Columbia and Canada. It has taken many years to complete the negotiations. The intent of the Final Agreement is to provide a solid foundation for our children and grandchildren," said Clint Williams, Chief of the Tla'amin Nation. "Now that the agreement has been reached, staff will be focused on explaining the benefits of the agreement to the Tla'amin community, in preparation for a ratification vote."
"Our government recognizes the importance of this treaty to the Tla'amin Nation and remains firmly committed to the treaty process. Today's initialling shows what can be accomplished when parties work together to find solutions," said the Honourable John Duncan, Minister of Aboriginal Affairs and Northern Development. "Today marks a major step toward a bright and prosperous future for the Tla'amin people, and I congratulate the negotiators and leaders on achieving this milestone."
"With 50 per cent of Tla'amin Nation's population under the age of 25, I believe this agreement will ensure that the Tla'amin people have the ability to provide increased economic opportunities for future generations, while continuing to honour their traditions and culture," said Aboriginal Relations and Reconciliation Minister Mary Polak. "As well, the excellent working relationship that has been developed between Tla'amin Nation and its neighbouring local government serves as a model for other First Nations and helped create forward momentum during negotiations leading up to this point."
The Tla'amin Final Agreement contains provisions for self-government, financial and land transfers. The land component will consist of approximately 8,322 hectares of treaty lands that include surface and sub-surface resources, and comprised of 1,917 hectares of former Indian Reserves and 6,405 hectares of former Provincial Crown lands.
The Tla'amin Nation will receive a capital transfer of approximately $29.7 million over 10 years, economic development funding of approximately $6.9 million, and a Fishing Vessel Fund of $250,000. B.C. and Canada will each provide $331,292 annually in resource revenue sharing for 50 years.
The treaty also provides for the ownership of forestry resources, as well as domestic fishing, gathering and harvesting rights. Commercial fishing opportunities will be licensed by the Minister of Fisheries and Oceans and managed under the terms and conditions that apply to other commercial fishers.
The Tla'amin Final Agreement will provide certainty with respect to Tla'amin Nation's Aboriginal rights and title throughout its traditional territory. The Final Agreement will also provide opportunities for the First Nation to increase its participation in the regional economy and reduce its reliance on government transfers.
Through self-government, treaty First Nations exercise law-making authority over matters integral to their community, such as health, education, and child welfare. Self-government may also include authority to raise revenues, to manage lands and resources on their lands, and to negotiate with other governments on such matters as joint service delivery and economic development.
As part of the approval process, agreements are signed by chief negotiators and then voted on by eligible First Nation members to ratify. Following community ratification, the provincial and federal governments will undertake their ratification processes.
The Tla'amin Nation has approximately 990 members. Their traditional territory and reserve lands are located just north of Powell River. There are six reserves on just over 1,917 hectares.
For more information about the Tla'amin Nation and treaties in B.C. and Canada, and photos available for download please visit these websites:
A backgrounder follows.
Contact:
Grace Adams
Tla'amin Nation
Negotiations Manager
604 483-8146 (cell)
Maria Wilkie
Communications
Ministry of Aboriginal Relations and Reconciliation
250 953-3211
250 361-7720 (cell)
Moira Wolstenholme
Press Secretary
Office of the Honourable John Duncan
819 997-0002
Media Relations
Aboriginal Affairs and Northern Development Canada
819 953-1160
BACKGROUNDER
TLA'AMIN FINAL AGREEMENT
The Tla'amin Nation (Sliammon First Nation) is one of the tribes of the northern Coast Salish. Their traditional territory covers approximately 317,000 hectares in the Sunshine Coast region and a marine area of approximately 292,000 hectares. Tla'amin's main reserve north of Powell River is home to nearly 70 per cent of Tla'amin band members. Tla'amin has very close relationships with the Klahoose and Homalco First Nations. In fact, historically, the three First Nations were one entity and share a common ancestry.
The Tla'amin Nation has already taken steps toward treaty by adopting a constitution that will form the basis for a democratically accountable Tla'amin Nation Government and includes a process for enacting laws, a system of financial administration and conflict of interest rules - all components of the Final Agreement.
Once the Final Agreement is ratified by all three parties and after the Final Agreement comes into effect, the Sliammon First Nation will be known as Tla'amin (pronounced Tla ah men) Nation.
Financial components
The Tla'amin Nation will receive a capital transfer of approximately $29.7 million (all figures in 2010 $) over 10 years, less outstanding negotiations loans. In addition, Tla'amin will receive economic development funding of approximately $6.9 million, and a Fishing Vessel Fund of $250,000. B.C. and Canada will each provide $331,292 annually in resource revenue sharing for 50 years. All resource sharing payments will be indexed to inflation.
The Tla'amin Nation government will deliver agreed upon programs and services under the terms of a Fiscal Financing Agreement. The Fiscal Financing Agreement provides annual transfers from Canada and British Columbia to support the delivery of agreed upon programs and services by Tla'amin to its members and residents, as well as funding to support activities to implement the treaty. Tla'amin will also receive $550,000 from Canada prior to the date the Final Agreement comes into effect to establish its government.
The Fiscal Financing Agreement provides for one-time and ongoing funding, including: one-time federal funding of $4.6 million; on-going federal funding of approximately $8.0 million per year for the first five years; and on-going provincial funding of approximately $446,000 per year for the first five years.
Taxation
Taxation is an important element of the Tla'amin Final Agreement as it contributes to the foundation of future revenue capacity for the Tla'amin Nation Government. The Indian Act tax exemption for Tla'amin members will be phased out after eight years for transaction (i.e., sales) taxes and 12 years for other taxes, including income tax. The Tla'amin government will have the ability to levy direct taxes on its members within Tla'amin Lands.
Lands
Tla'amin Lands do not form part of any municipality or electoral area, nor do they form part of any regional district. Tla'amin is responsible for managing its intergovernmental relations and may enter into agreements with local governments for the provision and delivery of services. Tla'amin will have land management and self-government authorities on Tla'amin Lands as defined by the Final Agreement.
Tla'amin Lands will consist of approximately 8,322 hectares, composed of 1,917 hectares of former Indian Reserves and 6,405 hectares of former Provincial Crown lands. Tla'amin will own surface and sub-surface resources on Tla'amin Lands. Tla'amin will also own 0.3 hectares of land on Savary Island and a 0.08 hectare parcel on Wharf Street near the Powell River ferry dock; however, Tla'amin will not have law-making authority over this land. Approximately 1,200 hectares may become Tla'amin Lands if acquired by Tla'amin on a willing seller, willing buyer basis and in accordance with of the Final Agreement.
Self-government
Tla'amin will have law-making powers for matters related to lands, resources and delivery of programs and services, including health, education and public works, on Tla'amin Lands.
Wildlife and plant harvesting
Tla'amin members will have the right to harvest wildlife and migratory birds for food, social and ceremonial purposes within the Wildlife and Migratory Birds Harvest Area. This right is limited by measures necessary for conservation, public health or public safety.
Forestry
Tla'amin will own, and have authority to manage, all timber and forest resources on Tla'amin Lands. Tla'amin is responsible for the control of insects, diseases, invasive plants and animals on Tla'amin Lands which may affect the health of forest resources on those lands. Provincial law with respect to the protection of resources from wildfire and for wildfire prevention and control applies to Tla'amin Lands.
Tla'amin will receive a total of 78,000 cubic metres of annual allowable cut, which includes 28,000 cubic metres per year under B.C. timber sales. In addition, Tla'amin will receive $350,000 to acquire additional annual cut on a willing seller - willing buyer basis from private tenure holders
Fisheries
Tla'amin will have a treaty right to harvest fish and aquatic plants for domestic purposes within the Tla'amin Fishing Areas. Fishing will be in accordance with a harvest document issued by the Minister of Fisheries and Oceans. Tla'amin members' fishing rights will be limited by measures necessary for conservation, public health or public safety.
Tla'amin commercial fishing will be fully integrated with the general commercial fishery and licences issued to, or acquired by, Tla'amin will be fished according to comparable terms and conditions applicable to other licences in the commercial fishery. Tla'amin commercial fisheries will not be conducted under a harvest agreement. Access to the commercial fishery will be obtained from existing capacity within the commercial fishery.
Access to Tla'amin Lands
Highways will remain provincial Crown land and are specifically excluded from Tla'amin Lands. Tla'amin will allow reasonable public access for temporary recreational purposes to those portions of the Sunshine Coast Trail that are on Tla'amin Lands.
Tla'amin will allow reasonable access to non-members to hunt on Tla'amin Lands in accordance with federal and provincial laws and with Tla'amin laws respecting access to these lands.
Shared Territory Agreements
In British Columbia, traditional territories claimed by First Nations often overlap. First Nations may establish a process to resolve shared territories among themselves. The governments of British Columbia and Canada also consult with any First Nations that assert that they have Aboriginal rights and may be adversely impacted by a treaty. Tla'amin has positive relationships with its neighbouring First Nations and has signed shared territory agreements with K'omoks First Nation, Klahoose First Nation, Sechelt Indian Band, Hamatla Treaty Society, and Nanoose First Nation. British Columbia and Canada continue to engage in consultations with the remaining First Nations that may be affected by the Tla'amin treaty.
Next steps
Through the Tla'amin community approval process, Tla'amin members will vote on the Final Agreement according to a formal ratification process. If the Tla'amin community approves the Final Agreement, British Columbia will then proceed with its approval process, seeking approval to sign the Final Agreement and introduce settlement legislation. After British Columbia settlement legislation receives Royal Assent, Canada will then proceed with its approval process. Once federal approval to sign the Final Agreement is obtained, the Final Agreement will be signed by all three parties and become ratified. Following that, Canada introduces settlement legislation to enact the treaty as federal legislation. The treaty will come into effect on a date agreed to by the parties.
Treaties
Canadian courts, in considering section 35 of the Constitution Act, 1982, have encouraged Canada and provincial governments to negotiate with First Nations in order to resolve questions of Aboriginal rights and title and to establish greater certainty over lands and resources. Treaties also help to close the socio-economic gaps that separate most First Nation members from other Canadian citizens.
The British Columbia Treaty Commission (BCTC), an independent, neutral body, helps facilitate negotiations among the three negotiating parties and provides funding to First Nations to participate in the process. The BC treaty process was established in 1992 and is open to all First Nations in the province on a voluntary basis. It is up to First Nations to decide how they organize themselves for the purposes of treaty negotiations. Some tables involve negotiations with a single First Nation while others involve a group of First Nations.
The treaty process consists of six stages as follows:
Stage 1 - Statement of intent to negotiate
Stage 2 - Readiness to negotiate
Stage 3 - Negotiation of a Framework Agreement
Stage 4 - Negotiation of an Agreement-in-Principle
Stage 5 - Negotiation to finalize a treaty
Stage 6 - Implementation of the treaty
There are currently over 100 First Nations in the treaty process in British Columbia.
Fact sheets and a summary of the Tla'amin Final Agreement are available online at: www.gov.bc.ca/arr.
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