| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | License Disclaimer |
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE IDA CHONG
MINISTER OF ABORIGINAL RELATIONS
AND RECONCILIATION
1. On the Effective Date, Tla’amin Lands consist of the following:
a. 1,917 hectares, more or less, of Former Sliammon Indian Reserves subject to paragraph 24;
b. 6,405 hectares, more or less, of provincial Crown land identified for illustrative purposes in Part 1 of Appendix C-2 and described in Part 2 of Appendix C-2;
c. 0.968 hectares, more or less, of lands identified as the Lund Hotel Parcels subject to the Tla’amin Nation meeting the conditions under paragraph 25; and
d. 0.393 hectares, more or less, of lands described in Part 1 of Appendix C-4 and identified for illustrative purposes in Part 2 of Appendix C-4 as "Oyster Plant Upland Parcel",
including Subsurface Resources referred to in paragraph 67.
2. On the Effective Date, Other Tla’amin Lands consist of 0.38 hectares, more or less, described in Part 1 of Appendix D and identified for illustrative purposes in Part 2 of Appendix D as "Other Tla’amin Lands".
3. On the Effective Date, the Tla’amin Nation owns Tla’amin Lands in fee simple except for those lands identified as the Lund Hotel Parcels.
4. The Tla’amin Nation's fee simple ownership of Tla’amin Lands is not subject to any condition, proviso, restriction, exception or reservation set out in the Land Act, or any comparable limitation under Federal or Provincial Law.
5. All methods of acquiring a right in or over land by prescription or by adverse possession, including the common law doctrine of prescription and the doctrine of the lost modern grant, are abolished in relation to Tla’amin Lands.
6. Where, at any time, any parcel of Tla’amin Lands, or any estate or interest in a parcel of Tla’amin Lands, finally escheats to the Crown, the Crown will transfer, at no charge, that parcel, estate or interest to the Tla’amin Nation and it will form part of Tla’amin Lands.
7. Paragraphs 4, 5 and 6 will apply notwithstanding the registration of Tla’amin Lands under the Land Title Act.
8. An estate, interest, reservation or exception held by the Tla’amin Nation or by a Tla’amin Public Institution in any parcel of Tla’amin Lands:
a. the title to which is not registered in the Land Title Office; or
b. in respect of which title no application for registration in the Land Title Office has been made,
is not subject to attachment, charge, seizure, distress, execution or sale under a writ of execution, order for sale or other process unless the attachment, charge, seizure, distress, execution or sale under a writ of execution, order for sale or other process is:
c. made or issued for the purpose of enforcing, in accordance with its terms, a security instrument granted by the Tla’amin Nation or by a Tla’amin Public Institution;
d. allowed under Tla’amin Law; or
e. made or issued for the purpose of enforcing a lien in favour of Canada or British Columbia.
9. An estate, interest, reservation or exception held by the Tla’amin Nation or by a Tla’amin Public Institution in any parcel of Tla’amin Lands:
a. the title to which is registered in the Land Title Office; or
b. in respect of which title an application for registration in the Land Title Office has been made,
is not subject to seizure or sale under a writ of execution, order for sale or other process unless the writ of execution, order for sale or other process is:
c. made or issued for the purpose of enforcing, in accordance with its terms, a security instrument granted by the Tla’amin Nation or by a Tla’amin Public Institution;
d. allowed under Tla’amin Law;
e. made or issued for the purpose of enforcing a lien in favour of Canada or British Columbia; or
f. by leave of the Supreme Court of British Columbia under paragraph 192 of the Governance Chapter.
10. In accordance with this Agreement, the Tla’amin Constitution and Tla’amin Law, the Tla’amin Nation may without the consent of Canada or British Columbia:
a. dispose of its fee simple estate in any parcel of Tla’amin Lands to any person; and
b. from its fee simple estate, or its interest in any parcel of Tla’amin Lands, create or dispose of any lesser estate or interest to any person, including Rights of Way and covenants similar to those in sections 218 and 219 of the Land Title Act.
11. Where the Tla’amin Nation disposes of a fee simple estate in a parcel of Tla’amin Lands under an agreement with Canada, at the time of the transfer of ownership, those lands will no longer be Tla’amin Lands and Appendix C will be amended in accordance with the process set out in paragraph 9 of the Amendment Chapter.
12. Subject to paragraph 11, section 14 of Appendix J-1 and section 18 of Appendix J-2, or the agreement of the Parties, a parcel of Tla’amin Lands does not cease to be Tla’amin Lands as a result of any change in ownership of an estate or interest in that parcel.
13. Where the Tla’amin Nation wishes to dispose of a fee simple estate in a parcel of Tla’amin Lands it will, prior to the disposition, register the indefeasible title to that parcel under the Land Title Act in accordance with this Agreement.
14. Where the Tla’amin Nation disposes of a fee simple estate in a parcel of Tla’amin Lands to any person, other than a Tla’amin Institution, a Tla’amin Corporation or a Tla’amin Citizen, expropriation of any interest in that parcel will occur in accordance with Federal or Provincial Law and is not subject to paragraphs 122 to 128 or Appendices J-1 and J-2, except section 14 of Appendix J-1 and section 18 of Appendix J-2.
15. The Tla’amin Nation may remove a fee simple estate from Tla’amin Lands with the consent of Canada and British Columbia. In considering whether to consent to the removal of the parcel from Tla’amin Lands, Canada and British Columbia may consider:
a. necessary jurisdictional, administrative and servicing arrangements;
b. the views of any affected Local Governments and neighbouring First Nations;
c. whether removal of the land will have an impact on fiscal arrangements negotiated between the Tla’amin Nation and either or both of Canada and British Columbia; and
d. whether its removal will create legal or financial exposure to Canada or British Columbia; and
e. any other matters Canada or British Columbia consider relevant.
16. Where Canada and British Columbia consent to the removal of a parcel of land from Tla’amin Lands then, upon the Tla’amin Nation's receipt of Canada and British Columbia's written consent:
a. the Tla’amin Nation will register the parcel of land in the Land Title Office, if it is not registered;
b. the parcel will cease to be Tla’amin Lands; and
c. Appendix C will be amended in accordance with the process set out in paragraph 9 of the Amendment Chapter.
17. Before the Effective Date, some or all of the following lands may be transferred by British Columbia to one or more corporations or societies designated by the Sliammon Indian Band subject, where applicable, to the continuing interests set out in Part 1 of Appendix F-3 and on such other terms and conditions as British Columbia and the Sliammon Indian Band may agree:
a. the lands identified as the "Oyster Plant Parcel" in Map 4a, Part 2 of Appendix C-2;
b. DL 5176, DL 5182 and DL 5186, Group 1, New Westminster District within the municipal boundaries identified in Map 8, Part 2 of Appendix C-2;
c. the lands identified as the "Lund Filled Foreshore Parcels" in Map 10, Part 2 of Appendix C-2; and
d. the lands identified as the "Wharf Street Parcel" in Map 1, Part 2 of Appendix D.
18. The entity designated under paragraph 17 may not dispose of the fee simple interest in the lands referred to in paragraph 17, but may grant a lesser interest provided that the entity will, prior to doing so, advise the intended charge or encumbrance holder in writing that:
a. on the Effective Date, the land will be transferred to the Tla’amin Nation and will become Tla’amin Lands or Other Tla’amin Lands, as the case may be; and
b. where applicable, the land is subject to the interests set out in Part 1 of Appendix F-3.
19. On the Effective Date, the Tla’amin Nation and entity designated under paragraph 17 will register, or cause to be registered, any lands transferred under paragraph 17 in the name of the Tla’amin Nation in accordance with paragraph 2 of the Land Title Chapter subject, where applicable, to the continuing interests set out in Part 1 of Appendix F-3 and any other encumbrances described in or permitted under the land transfer agreement between British Columbia and the Sliammon Indian Band under paragraph 17.
20. For greater certainty:
a. any lands transferred under subparagraphs 17.a to 17.c will form part of Tla’amin Lands on the Effective Date; and
b. any lands transferred under subparagraph 17.d will form part of Other Tla’amin Lands on the Effective Date.
21. For the purposes of paragraphs 17 to 20, the Sliammon Indian Band or the Tla’amin Nation, as the case may be, will indemnify and save harmless Canada and British Columbia from any costs, damages, losses or liabilities that Canada or British Columbia may suffer or incur in connection with, or as a result of, any claims, demands, actions or proceedings relating to or arising out of any charge or encumbrance of any of the lands, the transfer of the lands to the Tla’amin Nation or the inclusion of the lands as Tla’amin Lands or Other Tla’amin Lands.
22. Nothing in paragraphs 17 to 20 creates or implies any financial or other obligations or service responsibility on the part of Canada nor are they intended to have, or to be interpreted as having, the effect of establishing any of the lands transferred as an Indian Reserve or as "Lands reserved for the Indians" within the meaning of subsection 91(24) of the Constitution Act, 1867.
23. Before the Effective Date, British Columbia will survey:
a. that portion of Plummer Creek Road, being a 30 metre corridor illustrated as "Road Transferred to British Columbia on the Effective Date" on Map 5, Part 2 of Appendix C-1, located on Former Tokenatch Indian Reserve No. 5; and
b. that portion of Southview Road, being a corridor illustrated as "Road Transferred to British Columbia on the Effective Date" on Map 1, Part 2 of Appendix C-1, located on Former Sliammon Indian Reserve No. 1.
24. On the Effective Date, the Tla’amin Nation will transfer ownership of those portions of Plummer Creek Road and Southview Road referred to in paragraph 23, including the Subsurface Resources, to British Columbia whereupon they will be Provincial Crown Roads and, for greater certainty, will not be Tla’amin Lands.
25. On the Effective Date, the lands identified as the Lund Hotel Parcels will be Tla’amin Lands subject to the continuing interests set out in Part 3 of Appendix C-3 and the Tla’amin Nation providing to Canada and British Columbia on or before the Effective Date:
a. certificates, in substantially the form set out in Documents 1A and 1B, Part 4 of Appendix C-3, certifying that on the date of the certificate the person named as the owner in fee simple is the owner of the estate in fee simple of the lands legally described in the certificate and consents to the inclusion of those lands in Tla’amin Lands;
b. where applicable, written consent, in substantially the form set out in Document 2, Part 4 of Appendix C-3, signed by the holder of a charge or encumbrance stipulating that, on the date of the consent, the holder of the charge or encumbrance consents to the inclusion of the lands legally described in the document in Tla’amin Lands; and
c. releases, in substantially the form set out in Documents 3A and 3B, Part 4 of Appendix C-3, signed by the person named as the owner in fee simple releasing Canada and British Columbia, as of the Effective Date, from any damages, losses, liabilities or costs that Canada or British Columbia may suffer or incur in connection with or as a result of any claims, demands, actions or proceedings relating to or arising out of the inclusion of the lands legally described in the release in Tla’amin Lands.
26. Subject to the Tla’amin Nation meeting the conditions in paragraph 25, on the Effective Date:
a. section 50 of the Land Act ceases to apply in respect of the Lund Hotel Parcels; and
b. the interests, rights, privileges, titles and estates described in subsections 50 (1) (a), (b) and (c) of the Land Act that were excluded from the original disposition of Crown land vest in the Tla’amin Nation.
27. The Tla’amin Nation will indemnify and save harmless Canada and British Columbia from any damages, losses, liabilities or costs, excluding fees and disbursements of solicitors and other professional advisors, that Canada or British Columbia may suffer or incur in connection with or as a result of any claims, demands, actions or proceedings relating to or arising out of the inclusion of the Lund Hotel Parcels in Tla’amin Lands.
28. No development on DL 5127, Group 1, New Westminster District may affect the safe operation of the Powell River Airport and NAV CANADA facilities.
29. Prior to authorizing any development on DL 5127, Group 1, New Westminster District, the Tla’amin Nation will discuss with representatives of the Powell River Airport and NAV CANADA the proposed development in order to identify and avoid any potential adverse impacts of the proposed development on the safe operation of the Powell River Airport and NAV CANADA facilities related to the Powell River Airport.
30. On the Effective Date the Tla’amin Lands:
a. identified as "Former Agricultural Land Reserve" in Appendix E are excluded from the designation as an agricultural land reserve under the Agricultural Land Commission Act; and
b. identified as "Current Agricultural Land Reserve" in Appendix E retain the designation as an agricultural land reserve under the Agricultural Land Commission Act.
31. Any lands designated as an agricultural land reserve which are added to Tla’amin Lands in accordance with this Agreement will retain the designation as an agricultural land reserve under the Agricultural Land Commission Act.
32. The designation of areas of Tla’amin Lands as an agricultural land reserve may be removed by the Provincial Agricultural Land Commission in accordance with the Agricultural Land Commission Act.
33. Notwithstanding paragraph 118, the Agricultural Land Commission Act prevails to the extent of a Conflict with a Tla’amin Law under paragraph 116 in relation to Tla’amin Lands that retain the designation as an agricultural land reserve under subparagraph 30.b and paragraph 31.
34. For Tla’amin Lands that retain the designation as an agricultural land reserve, the Provincial Agricultural Land Commission will explore with the Tla’amin Nation opportunities to include the Tla’amin Nation in the Provincial Agricultural Land Commission processes with respect to those Tla’amin Lands, including the delegation of decision-making under section 26 of the Agricultural Land Commission Act.
35. After the Effective Date, any part of Tla’amin Lands that is not designated as an agricultural land reserve will not be designated as an agricultural land reserve without the consent of the Tla’amin Nation.
36. Other than as provided in paragraphs 37 to 40:
a. Submerged Lands do not form part of Tla’amin Lands; and
b. nothing in this Agreement affects British Columbia's ownership of Submerged Lands.
37. The Submerged Lands which are part of Former Sliammon Indian Reserves form part of Tla’amin Lands, including the lands beneath the following water bodies:
a. Okeover Creek;
b. water bodies on Ahgykson (Harwood Island); and
c. Kwehtums Kahkeeky (creek that runs into Grace Harbour).
38. For greater certainty, the following Submerged Lands are not part of Former Sliammon Indian Reserves:
a. lands beneath Theodosia River and its tidal channels; and
b. the Foreshore and lands beneath tidal waters.
39. The Submerged Lands of Sliammon Creek within Former Sliammon Indian Reserve No. 1, excluding the Submerged Lands beneath Highway 101, form part of Tla’amin Lands. For greater certainty, the Submerged Lands that form part of Tla’amin Lands include Blocks C and D of District Lot 390.
40. A parcel of Tla’amin Lands does not cease to be Tla’amin Lands where a fishway, Fish bypass channel or Fish spawning channel is constructed on that parcel as an Enhancement Initiative in accordance with paragraph 137 of the Fisheries Chapter.
41. The Tla’amin Nation's ownership of Submerged Lands does not include:
a. property rights in Fish;
b. the exclusive right to fish; or
c. the right to allocate Fish.
42. British Columbia will not authorize any use or disposition in relation to Sliammon Lake, Little Sliammon Lake or Submerged Lands within Tla’amin Lands without the consent of the Tla’amin Nation, which consent will not be unreasonably withheld. In deciding whether to grant or withhold its consent, the Tla’amin Nation may take into account that Sliammon Lake is the major source of water for Former Sliammon Indian Reserve No. 1.
43. Paragraph 42 does not affect the riparian rights of the upland owners of Tla’amin Lands adjacent to Submerged Lands.
44. British Columbia will not authorize any use or disposition of the Foreshore around Ahgykson without the consent of the Tla’amin Nation, which consent will not be unreasonably withheld.
45. Paragraph 44 does not apply to temporary non-commercial recreational use or temporary non-commercial occupation of the Foreshore around Ahgykson.
46. The Tla’amin Nation will own lawful accretions to Tla’amin Lands.
47. Where the Tla’amin Nation provides to Canada and British Columbia a certificate issued by the Surveyor General of British Columbia confirming that there has been lawful accretion to Tla’amin Lands, upon receipt of the certificate by Canada and British Columbia, the accreted land will become Tla’amin Lands and Appendix C will be amended in accordance with the process set out in paragraph 9 of the Amendment Chapter.
48. On the Effective Date, British Columbia and the Tla’amin Nation will enter into an agreement in accordance with paragraph 46 of the Governance Chapter to provide the Tla’amin Nation with law-making authority in accordance with paragraph 49.
49. The agreement under paragraph 48 will:
a. identify the area extending through and beyond the Foreshore where the agreement applies;
b. provide the Tla’amin Nation with law-making authority in relation to the area in subparagraph 49.a; and
c. provide that Federal Law or Provincial Law prevails to the extent of a Conflict with a Tla’amin Law made in accordance with the agreement.
50. Before concluding an agreement in accordance with paragraph 48, British Columbia will Consult with Canada regarding the proposed agreement.
51. On the Effective Date, the title of the Tla’amin Nation to Tla’amin Lands is free and clear of all interests, except:
a. the following interests on Former Sliammon Indian Reserves which will be replaced on the Effective Date:
i. the certificates of possession and other interests referred to in Part 1 of Appendix F-1;
ii. the Klahanie interests referred to in Part 2 of Appendix F-1;
iii. the Southview interests referred to in Part 3 of Appendix F-1; and
iv. the Public Utility distribution works and other interests referred to in Part 4 of Appendix F-1;
b. the following interests on former provincial Crown land which will be replaced on the Effective Date:
i. the Public Utility distribution works referred to in Part 1 of Appendix F-2;
ii. the permits to occupy provincial Crown land, associated with Water Licences, referred to in Part 2 of Appendix F-2; and
iii. the licences of occupation for pit toilet purposes, associated with the float home tenures, referred to in Part 3 of Appendix F-2;
c. the following interests on Tla’amin Lands that will continue in accordance with Provincial Law and with the terms and conditions of that interest existing on the Effective Date, modified where appropriate to reflect ownership of the lands by the Tla’amin Nation:
i. the licence of occupation issued to the Powell River Regional District relating to the sewer main and outfall under the Land Act and referred to in Part 1 of Appendix F-3;
ii. the Subsurface Tenure referred to in Part 2 of Appendix F-3;
iii. the Water Licences issued under the Water Act referred to in Part 3 of Appendix F-3; and
iv. the guide outfitter certificates issued under the Wildlife Act referred to in Part 4 of Appendix F-3; and
d. the following interests on Tla’amin Lands that will be created on the Effective Date:
i. Tla’amin Nation upland owner consent to interference with the Tla’amin Nation's right of upland access issued to British Columbia and associated with the float home tenures referred to in Part 1 of Appendix F-4 and identified for illustrative purposes on the map set out in Part 2 of Appendix F-4;
ii. in relation to shellfish aquaculture tenures:
(1) licences of occupation to shellfish aquaculture tenures to occupy Tla’amin Lands for temporary storage purposes referred to in Part 3 of Appendix F-4;
(2) Tla’amin Nation upland owner consent to interference with the Tla’amin Nation's right of upland access issued to British Columbia and associated with the aquaculture shellfish tenures referred to in Part 4 of Appendix F-4;
iii. private road easements over Tla’amin Lands issued to the parties referred to in Parts 5 and 6 of Appendix F-4;
iv. the Public Utility distribution works referred to in Part 7 of Appendix F-4; and
v. licences of occupation for the forest research plots described in Part 8 of Appendix F-4 and identified for illustrative purposes in Part 9 of Appendix F-4.
52. On the Effective Date, every interest, other than those referred to in paragraphs 18, 25 and 51 that encumbered or applied to the lands that are Tla’amin Lands before the Effective Date, ceases to exist.
53. On the Effective Date, the Tla’amin Nation will grant to each holder or joint holder of a certificate of possession or other interest identified in Part 1 of Appendix F-1 a fee simple estate or a joint fee simple estate that is free and clear of all interests except:
a. any condition, proviso, restriction, including restrictions on alienation, exception or reservation that may be set out in Tla’amin Law; and
b. any applicable Public Utility or other interests referred to in Part 4 of Appendix F-1,
and the certificate of possession or other interest held by that individual or individuals will cease to exist.
54. For greater certainty, any Tla’amin Law made under paragraph 116 applies in respect of Tla’amin Lands including a fee simple estate granted under paragraph 53.
55. On the Effective Date, the Tla’amin Nation, a Tla’amin Public Institution or a Tla’amin Corporation, as applicable and where they have the authority to grant the interest, will execute documents to:
a. grant to each person holding the interest referred to in Appendices F-1 and F-2 an interest replacing that person's interest set out in those Appendices; and
b. create new interests by granting to each person referred to in Appendix F-4 the interest set out in that Appendix.
56. Documents referred to in paragraph 55 will be in the applicable form, if any, set out in Appendix F-5 and will include any modifications agreed upon in writing before the Effective Date by the applicable grantor and the interest holder.
57. Documents referred to in paragraph 55 will be deemed to have legal effect on the Effective Date as though they had been prepared, executed and delivered by the grantor and by the applicable person named in Appendices F-1, F-2 and F-4 on that date.
58. After the Effective Date, the Tla’amin Nation will deliver the applicable document:
a. to each person referred to in paragraph 55; or
b. upon notice to the Tla’amin Nation by Canada or British Columbia before the Effective Date, to any other person identified as the person who should instead receive the replacement interest for any reason, including death, any form of transfer, error or operation of law and the applicable Appendix will be amended in accordance with the process set out in paragraph 9 of the Amendment Chapter to reflect the change.
59. Where Canada or British Columbia notifies the Tla’amin Nation after the Effective Date that an interest granted under paragraph 55:
a. is in the name of a person who was not actually entitled to the interest on the Effective Date; or
b. contains a clerical error or a wrong description of a material fact,
the appropriate Parties will take reasonable measures to rectify the error.
60. Any Right of Way of the nature described in section 218 of the Land Title Act that is granted by the Tla’amin Nation under this Agreement is legally binding and enforceable notwithstanding that Tla’amin Lands to which the Right of Way applies may not be subject to the Land Title Act.
61. Subject to paragraph 62, the upland tenures associated with the shellfish aquaculture tenures set out in Appendix G will remain provincial Crown land.
62. Where a shellfish aquaculture tenure set out in Appendix G ceases to exist, or is acquired by the Tla’amin Nation or a Tla’amin Corporation, British Columbia will transfer to the Tla’amin Nation the provincial Crown land that is covered by the associated upland tenure and, upon completion of the transfer, at the request of the Tla’amin Nation, the land will become Tla’amin Lands and Appendix C will be amended in accordance with the process set out in paragraph 9 of the Amendment Chapter.
63. The shellfish aquaculture tenures issued to the Tla’amin Nation set out in Part 1 of Appendix H, or that may be acquired by the Tla’amin Nation, will continue as provincial tenures in accordance with Federal and Provincial Law and federal and provincial policy and procedures.
64. The map reserves designated for use compatible with shellfish aquaculture listed in Part 2 of Appendix H will continue in accordance with Provincial Law, provincial policy and procedures.
65. British Columbia will establish a reservation on the map reserves described in Part 2 of Appendix H for 25 years during which time the Tla’amin Nation may apply for shellfish aquaculture tenures and the diligent use provisions will not apply.
66. British Columbia will establish a reservation on the map reserve described in Part 3 of Appendix H to enable the Tla’amin Nation to apply for authorization for the interest described in Part 3 of Appendix H.
67. The Tla’amin Nation owns Subsurface Resources on or under Tla’amin Lands.
68. The Tla’amin Nation's ownership of Subsurface Resources is subject to the subsurface tenure listed in Part 2 of Appendix F-3.
69. As owner of the Subsurface Resources, the Tla’amin Nation has exclusive authority to set, collect and receive fees, rents, royalties and charges other than taxes for the exploration, development, extraction and production of Subsurface Resources.
70. Paragraph 69 does not limit British Columbia from collecting and receiving fees or other payments for administering under Provincial Law the exploration, development, extraction and production of Subsurface Resources from Tla’amin Lands.
71. The Tla’amin Nation may act through Tla’amin Government in exercising its authority under paragraph 69.
72. Nothing in this Agreement confers authority on the Tla’amin Nation to make laws in respect of:
a. the development, production, use or application of nuclear energy and atomic energy;
b. the exploration, development, production, possession or use, for any purpose, of nuclear substances and prescribed substances; or
c. the development, production, possession or use, for any purpose, of associated prescribed equipment and prescribed information.
73. Nothing in this Agreement confers authority on the Tla’amin Nation to make laws in respect of:
a. spacing and target areas related to Petroleum and Natural Gas or conservation and allocation of Petroleum and Natural Gas among parties having interests in the same reservoir;
b. occupational health and safety and labour standards, in respect of Subsurface Resources exploration, development, production, extraction and site reclamation; or
c. subsurface tenures or the Subsurface Resources which are subject to the subsurface tenure listed in Part 2 of Appendix F-3.
74. Notwithstanding paragraph 118, Federal or Provincial Law in respect of Subsurface Resources prevails to the extent of a Conflict with Tla’amin Law under paragraph 116.
75. The subsurface tenure listed in Part 2 of Appendix F-3 will continue and the tenure and the Subsurface Resources under the tenure will be administered by British Columbia in accordance with Provincial Law and this Agreement as if the Subsurface Resources were vested in or reserved to British Columbia.
76. The subsurface tenure listed in Part 2 of Appendix F-3 is not subject to paragraph 2 of the Environmental Assessment and Environmental Protection Chapter.
77. For the purposes of paragraph 75, British Columbia may grant any related extensions, renewals or replacements or issue any further related rights as the Subsurface Resources are developed.
78. Notwithstanding paragraph 69, the Tla’amin Nation does not have the authority to establish fees, rents, royalties or other charges in respect of:
a. the subsurface tenure listed in Part 2 of Appendix F-3; or
b. the exploration, development, extraction or production of Subsurface Resources under that tenure.
79. British Columbia will:
a. ensure that any rents and royalties applicable to the subsurface tenure listed in Part 2 of Appendix F-3 and the Subsurface Resources under that tenure, and any interest earned on those rents and royalties, are paid to the Tla’amin Nation; and
b. retain any fees or other payments for administering the subsurface tenure listed in Part 2 of Appendix F-3 and the Subsurface Resources under that tenure.
80. British Columbia will notify the Tla’amin Nation before changing or eliminating any rents or royalties applicable to Subsurface Resources in British Columbia.
81. Tla’amin Lands will be treated as private lands under Provincial Law for the purposes of resolving any access issues or compensation rights associated with any proposed entrance, occupation or use of Tla’amin Lands by the holder of the subsurface tenure listed in Part 2 of Appendix F-3.
82. Any dispute under paragraph 81 may be resolved under Provincial Law respecting access and compensation disputes involving Subsurface Resources.
83. Where the subsurface tenure listed in Part 2 of Appendix F-3 is forfeited, cancelled or expires and is not restored under Provincial Law, Tla’amin Lands will no longer be subject to the subsurface tenure.
84. British Columbia will indemnify and save harmless the Tla’amin Nation from any damages, losses, liabilities or costs, excluding fees and disbursements of solicitors and other professional advisors, that the Tla’amin Nation may suffer or incur in connection with or as a result of any claims, demands, actions or proceedings relating to or arising out of:
a. the omission from Appendix F of the name of a person who, on the day before the Effective Date, had an interest in Tla’amin Lands that had been granted by British Columbia; or
b. the incorrect naming of a person in Appendix F as a person entitled to an interest, where another person was actually entitled, on the day before the Effective Date, to the interest in Tla’amin Lands that had been granted by British Columbia.
85. At any time after the Effective Date, at the Tla’amin Nation's request and with the agreement of Canada and British Columbia, the Tla’amin Nation may add parcels of land to Tla’amin Lands which are:
a. within the Tla’amin Area;
b. outside the boundaries of a municipality incorporated under the Local Government Act, or within municipal boundaries if the municipality consents; and
c. owned in fee simple by the Tla’amin Nation.
86. Where the Tla’amin Nation wishes to add a parcel of land under paragraph 85 which is subject to a purchase agreement conditional only on the agreement of Canada and British Columbia to its addition to Tla’amin Lands:
a. the federal Minister will advise the Tla’amin Nation in a timely manner whether the Minister would agree to recommend to the Governor-in-Council the addition of that parcel, once acquired by the Tla’amin Nation, to Tla’amin Lands; and
b. the provincial Minister will advise the Tla’amin Nation in a timely manner whether the Minister would agree to recommend to the Lieutenant-Governor-in-Council the addition of that parcel, once acquired by the Tla’amin Nation, to Tla’amin Lands.
87. When making a decision under paragraph 85:
a. Canada will require the parcel of lands to be in areas free from overlap with another First Nation unless that First Nation consents; and
b. Canada and British Columbia may take into account other matters that Canada or British Columbia consider relevant.
88. Canada and British Columbia will notify the Tla’amin Nation once a decision has been made under paragraph 85 and, where Canada and British Columbia agree to the addition of the parcel of land to Tla’amin Lands, Appendix C will be amended in accordance with the process set out in paragraph 9 of the Amendment Chapter upon the Tla’amin Nation's receipt of the notices.
89. Where, at any time, the Tla’amin Nation, a Tla’amin Institution, a Tla’amin Corporation or a Tla’amin Citizen becomes the registered owner of the fee simple estate to a parcel of land set out in Map 1, Part 1 of Appendix I, the Tla’amin Nation may add the parcel to Tla’amin Lands:
a. with the written consent of the owner and the registered holder of any financial charge or encumbrance on that parcel; and
b. upon notice to Canada and British Columbia identifying the parcel and attaching the written consents required under subparagraph 89.a.
90. Upon receipt by Canada and British Columbia of a notice under subparagraph 89.b, the parcel of land will become Tla’amin Lands and Appendix C will be amended in accordance with the process set out in paragraph 9 of the Amendment Chapter.
91. Where, at any time:
a. British Columbia determines that any parcel of provincial Crown land set out in Maps 2 and 3, Part 1 of Appendix I is not of use to British Columbia; or
b. the parcel of provincial Crown land set out in Map 4, Part 1 of Appendix I ceases to be subject to the woodlot licence existing on the Effective Date,
British Columbia will offer to sell the fee simple estate to the parcel of land to the Tla’amin Nation.
92. Where the Tla’amin Nation wishes to purchase the parcel of land offered for sale under paragraph 91, British Columbia and the Tla’amin Nation will negotiate and attempt to reach agreement on a purchase price that reflects the fair market value for the parcel.
93. Where the Tla’amin Nation purchases any parcel of land under paragraph 91, the Tla’amin Nation may add the parcel to Tla’amin Lands upon written notice to Canada and British Columbia.
94. Upon receipt by Canada and British Columbia of notice under paragraph 93, the parcel of land will become Tla’amin Lands and Appendix C will be amended in accordance with the process set out in paragraph 9 of the Amendment Chapter.
95. On the Effective Date, British Columbia will for a period of ten years withdraw the parcels of provincial Crown land set out in Part 2 of Appendix I from disposition under Section 16 of the Land Act and establish for those lands:
a. a mineral reserve under the Mineral Tenures Act;
b. a coal land reserve under the Coal Act; and
c. a no disposition notation under the Petroleum and Natural Gas Act.
96. Where, within the ten year period under paragraph 95, the Tla’amin Nation notifies British Columbia that it wishes to purchase the fee simple estate to any parcel of land under paragraph 95, British Columbia and the Tla’amin Nation will negotiate and attempt to reach agreement on a purchase price that reflects the fair market value for the parcel.
97. Where the Tla’amin Nation purchases a parcel of land under paragraph 96, the Tla’amin Nation may add the parcel to Tla’amin Lands upon notice to Canada and British Columbia.
98. Upon receipt by Canada and British Columbia of notice under paragraph 97, the parcel will become Tla’amin Lands and Appendix C will be amended in accordance with the process set out in paragraph 9 of the Amendment Chapter.
99. Any parcel of land that is added to Tla’amin Lands under paragraphs 85 to 98 will be subject to:
a. where the parcel is not registered in the Land Title Office, any interest granted by British Columbia that is not discharged at the time of purchase, or any replacement or modification of that interest agreed to in writing by the Tla’amin Nation and the interest holder; and
b. where the parcel is registered in the Land Title Office, any registered charge or registered encumbrance subject to their discharge under the Land Title Act.
100. The Tla’amin Nation will own the Subsurface Resources on lands that are added to Tla’amin Lands where:
a. the fee simple title includes ownership of the Subsurface Resources; or
b. British Columbia owns the Subsurface Resources.
101. For the purposes of subparagraph 100.b, unless otherwise agreed by British Columbia and the Tla’amin Nation any Subsurface Resources tenures and the Subsurface Resources subject to those tenures will be administered by British Columbia in accordance with paragraphs 75 to 80.
102. Nothing in paragraphs 85 and 89 obligates Canada or British Columbia to pay any costs associated with the addition of lands to Tla’amin Lands, including costs for the purchase or transfer of the lands.
103. For the purposes of paragraphs 93 and 97:
a. the Tla’amin Nation will be responsible for all transaction costs that are normally the responsibility of a purchaser of provincial Crown land; and
b. British Columbia will provide the Tla’amin Nation with an instrument transferring the indefeasible title or, where applicable, the registered title to the parcel to the Tla’amin Nation.
104. Where the Tla’amin Nation wishes to register a parcel of land added to Tla’amin Lands which is not at the time registered in the Land Title Office, the Tla’amin Nation and British Columbia will, as appropriate, file such plans, certificates, instruments and other documents in the Land Title Office as may be required under the Land Title Act.
105. No new survey will be required for a parcel of Tla’amin Lands where the Surveyor General of British Columbia determines that an Adequate Survey of the exterior boundary exists for that parcel.
106. Before or as soon as practicable after the Effective Date, in those cases where Adequate Surveys do not already exist, Adequate Surveys of exterior boundaries of Tla’amin Lands will be carried out by:
a. Canada in respect of Former Sliammon Indian Reserves; and
b. British Columbia in respect of:
i. former provincial Crown land identified for illustrative purposes in Part 1 of Appendix C-2 and described in Part 2 of Appendix C-2;
ii. the Lund Hotel Parcels; and
iii. lands described in Part 1 of Appendix C-4 and identified for illustrative purposes in Part 2 of Appendix C-4 as "Oyster Plant Upland Parcel",
in accordance with instructions to be issued by the Surveyor General of British Columbia.
107. The priority and timing of exterior boundary surveys not completed by the Effective Date will be set out in a survey and registration protocol agreed to between British Columbia and the Tla’amin Nation prior to the Effective Date having regard to:
a. the Tla’amin Nation's priorities;
b. efficiency and economy, including the availability of British Columbia Land Surveyors; and
c. the necessity to clarify the boundaries because of imminent public or private development on adjacent lands.
108. Canada and British Columbia will, as agreed between them, pay the cost of surveys of the exterior boundaries of Tla’amin Lands.
109. Interior boundary surveys of parcels or interests within Tla’amin Lands will meet the requirements of the Land Title Act.
110. On the Effective Date, the Tla’amin Nation owns Other Tla’amin Lands in fee simple.
111. The Tla’amin Nation does not own the Subsurface Resources on or under Other Tla’amin Lands.
112. The Tla’amin Nation's fee simple ownership of Other Tla’amin Lands is subject to the conditions, provisos, restrictions, exceptions and reservations set out in the Land Act, or any comparable limitation under Federal or Provincial Law.
113. The transfer of the Former Sliammon Indian Reserves to the Tla’amin Nation in accordance with this Agreement will not, in and of itself, result in British Columbia being liable in respect of any Contamination of such lands.
114. To the best of British Columbia's knowledge, the provincial Crown land transferred to the Tla’amin Nation in accordance with this Agreement has not been used for a prescribed industrial or commercial purpose or any other purpose or activity prescribed under the Environmental Management Act, and British Columbia is not required to prepare or provide a site profile under the Environmental Management Act for those lands.
115. Nothing in this Agreement precludes the Tla’amin Nation from recovering the costs incurred in the inspection or remediation of any Contaminated Sites on the lands referred to in paragraph 114 from British Columbia or any other person who may be determined to be a responsible person under the Environmental Management Act in respect of the Contamination of that site.
116. The Tla’amin Nation may make laws with respect to:
a. the use of Tla’amin Lands, including:
i. management; and
ii. planning, zoning and development;
b. the creation, allocation, ownership and disposition of estates or interests in Tla’amin Lands, including:
i. fee simple estates or any lesser estate or interest;
ii. mortgages;
iii. leases, licences, permits, easements and Rights of Way, including Rights of Way and covenants similar to those in sections 218 and 219 of the Land Title Act; and
iv. any conditions, provisos, restrictions, including restrictions on alienation, exceptions or reservations on such estates or interests;
c. the establishment and operation of a Tla’amin Nation land title or land registry system for Tla’amin Lands that are not registered in the Land Title Office; or
d. the expropriation by the Tla’amin Nation of estates or interests in Tla’amin Lands for public purposes and public works other than:
i. estates or interests granted or continued on the Effective Date or thereafter replaced under this Agreement, unless specifically provided for in this Agreement;
ii. estates or interests expropriated or otherwise acquired by a Federal Expropriating Authority or a Provincial Expropriating Authority; and
iii. any other interests upon which the Parties have agreed in this Agreement,
where the Tla’amin Nation provides fair compensation to the owner of the estate or interest and the expropriation is for the smallest estate or interest necessary for the public purpose or public work.
117. Notwithstanding subparagraph 116.d.i, the Tla’amin Nation may expropriate for public purposes and public works a fee simple estate or a lesser interest in a fee simple estate granted under paragraph 53 where the Tla’amin Nation provides fair compensation to the owner of the interest and the expropriation is for the smallest interest necessary for the public purpose or public work.
118. Subject to paragraph 119 and paragraph 10 of the Land Title Chapter, Tla’amin Law under paragraph 116 prevails to the extent of a Conflict with Federal or Provincial Law.
119. Notwithstanding paragraph 118, Federal or Provincial Law in respect of the division of matrimonial real property prevails to the extent of a Conflict with Tla’amin Law in respect of the division of matrimonial real property made under subparagraph 116.b. For greater certainty, Tla’amin Law that may restrict the disposition of real property to a Tla’amin Citizen is not Tla’amin Law in respect of the division of matrimonial real property.
120. For the purposes of subparagraph 116.b. the Tla’amin Nation may make laws with respect to estates or interests in Tla’amin Lands that are:
a. not recognized under Federal or Provincial Law; or
b. recognized under Federal or Provincial Law provided that they are consistent with Federal or Provincial Law with respect to those estates or interests.
121. For greater certainty, a Tla’amin Law under subparagraph 116.b.iv in respect of a fee simple estate granted under paragraph 53 is not inconsistent with common law principles.
122. British Columbia acknowledges that it is of fundamental importance to maintain the size and integrity of Tla’amin Lands and, therefore, as a general principle interests in Tla’amin Lands will not be expropriated under Provincial Law.
123. Where a Provincial Expropriating Authority has determined that it requires an estate or interest in Tla’amin Lands, the Provincial Expropriating Authority will make reasonable efforts to acquire the estate or interest through agreement with the Tla’amin Nation.
124. Notwithstanding paragraph 122 and 123, and paragraph 2 of the Environmental Assessment and Environmental Protection Chapter, a Provincial Expropriating Authority may expropriate Tla’amin Lands in accordance with Appendix J-1 and Provincial Law and with the consent and by the order of the Lieutenant-Governor-in-Council.
125. Notwithstanding paragraph 122, Subsurface Resources owned by the Tla’amin Nation on Tla’amin Lands may not be expropriated by Local Government.
126. An expropriation of Tla’amin Lands by a Provincial Expropriating Authority will be the most limited estate or interest in Tla’amin Lands necessary and will be expropriated for the shortest time possible.
127. Canada acknowledges that it is of fundamental importance to maintain the size and integrity of Tla’amin Lands and, therefore, as a general principle interests in Tla’amin Lands will not be expropriated under Federal Law.
128. Notwithstanding paragraph 127, any interest in Tla’amin Lands may be expropriated by a Federal Expropriating Authority in accordance with Appendix J-2 and Federal Law and with the consent and by the order of the Governor-in-Council.
129. Nothing in this Agreement affects or limits the application of the Emergencies Act to Tla’amin Lands and that Act will continue to apply on Tla’amin Lands.