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The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 5th day of March, 2013
Craig James, Clerk of the House
HONOURABLE IDA CHONG
MINISTER OF ABORIGINAL RELATIONS
AND RECONCILIATION
CHAPTER 12 – Tla’amin ROLE OUTSIDE Tla’amin LANDS
1. Nothing in this Agreement precludes the Tla’amin Nation from participating in a provincial process or institution, including a process or institution that may address matters of shared decision-making and revenue and benefit-sharing, or benefiting from any future provincial program, policy or initiative of general application to First Nations as British Columbia develops a new relationship with First Nations, including the enactment of legislation to support these initiatives.
2. Nothing in this Agreement precludes the Tla’amin Nation from participating in, or benefiting from, provincial benefits-sharing programs of general application in accordance with the general criteria established for those programs from time to time.
3. Nothing in this Agreement precludes the Tla’amin Nation from entering into arrangements for economic opportunities with third parties, provided that these arrangements are consistent with this Agreement.
4. Prior to the Effective Date, British Columbia and the Tla’amin Nation will negotiate and attempt to reach agreement on a shared decision-making agreement with respect to the Theodosia River watershed as set out in Appendix R.
5. Canada will participate as an observer to the negotiations referred to in paragraph 4.
6. The Tla’amin Nation has the right to participate in any Public Planning Process that may be established by British Columbia for an area wholly or partly within the Provincial Public Planning Process Area in accordance with procedures established by British Columbia for that Public Planning Process.
7. The Tla’amin Nation may make proposals to British Columbia to establish a Public Planning Process for an area wholly or partly within the Provincial Public Planning Process Area.
8. Nothing in this Agreement obligates British Columbia to establish a Public Planning Process.
9. The Tla’amin Nation has the right to participate in the development of the terms of reference of any Public Planning Process referred to in paragraph 6 or 7.
10. In participating in any Public Planning Process referred to in paragraph 6 or 7, the Tla’amin Nation may bring forward any matters it considers relevant, including any rights set out in this Agreement.
11. British Columbia will review and take into consideration any matters brought forward by the Tla’amin Nation under paragraph 10.
12. British Columbia will provide the Tla’amin Nation with the draft plan resulting from any Public Planning Process referred to in paragraph 6 or 7. The Tla’amin Nation may provide written recommendations to the Minister on the draft plan which may be made public by British Columbia.
13. After considering any written recommendations received from the Tla’amin Nation and any matters the Minister considers appropriate, the Minister will provide written reasons to the Tla’amin Nation for any Tla’amin Nation recommendations which are not accepted.
14. The Minister will, at the request of the Tla’amin Nation, meet with the Tla’amin Nation to discuss any concerns that the Tla’amin Nation has with the Minister's response under paragraph 13.
15. British Columbia may proceed with any Public Planning Process even if the Tla’amin Nation does not participate in the process.
16. The Tla’amin Nation has the right to gather Plants for Domestic Purposes on provincial Crown land within the Tla’amin Plant Gathering Area in accordance with this Agreement. For greater certainty this includes the right to gather Plants for the purpose of making household goods and apparel.
17. The Tla’amin Right to Gather Plants is limited by measures necessary for conservation, public health or public safety.
18. The Tla’amin Right to Gather Plants is held by the Tla’amin Nation and cannot be alienated.
19. Tla’amin Citizens may exercise the Tla’amin Right to Gather Plants except as otherwise provided under Tla’amin Law.
20. Tla’amin Citizens may use resources on provincial Crown land within the Tla’amin Plant Gathering Area for purposes reasonably incidental to the exercise of the Tla’amin Right to Gather Plants, subject to Federal and Provincial Law.
21. The Tla’amin Nation has the right to Trade and Barter Plants and household goods and apparel made from Plants gathered under the Tla’amin Right to Gather Plants:
a. among themselves; or
b. with other aboriginal people of Canada.
22. The Tla’amin Nation right to Trade and Barter under paragraph 21 is held by the Tla’amin Nation and cannot be alienated.
23. Tla’amin Citizens may exercise the right to Trade and Barter under paragraph 21 except as otherwise provided under Tla’amin Law.
24. Tla’amin Citizens are not required to have federal or provincial licences or pay any fees or royalties to Canada or British Columbia relating to the exercise of the Tla’amin Right to Gather Plants.
25. The Tla’amin Nation may make laws in respect of the Tla’amin Right to Gather Plants for:
a. the designation of Tla’amin Citizens to gather Plants;
b. the distribution among Tla’amin Citizens of the gathered Plants; and
c. the Trade and Barter of Plants gathered under the Tla’amin Right to Gather Plants.
26. Tla’amin Law under paragraph 25 prevails to the extent of a Conflict with Federal or Provincial Law.
27. The Tla’amin Nation may make laws in respect of the documentation of Tla’amin Citizens who have been designated under subparagraph 25.a.
28. The Tla’amin Nation will make laws to require Tla’amin Citizens gathering under the Tla’amin Right to Gather Plants to comply with any conservation measures established by the Minister.
29. Federal or Provincial Law prevails to the extent of a Conflict with Tla’amin Law under paragraph 27.
30. The Tla’amin Nation will issue documentation to Tla’amin Citizens who gather Plants under the Tla’amin Right to Gather Plants if documentation is required for gathering under Federal or Provincial Law.
31. Tla’amin Citizens who gather Plants under the Tla’amin Right to Gather Plants will be required to carry documentation issued by the Tla’amin Nation and to produce that documentation on request by an authorized individual if documentation is required for gathering under Federal or Provincial Law.
32. Documentation issued by the Tla’amin Nation under paragraph 30 will:
a. be in the English language which will be the authoritative version and, at the discretion of the Tla’amin Nation, in the Tla’amin language;
b. include sufficient information to identify the Tla’amin Citizen; and
c. meet any other requirements to which the Tla’amin Nation and British Columbia may agree.
33. British Columbia may authorize the use or disposition of provincial Crown land and any such authorized use or disposition may affect the methods, times and locations of the gathering of Plants under the Tla’amin Right to Gather Plants, provided that British Columbia ensures that those authorized uses or dispositions do not deny the Tla’amin Nation the reasonable opportunity to gather Plants under the Tla’amin Right to Gather Plants.
34. For the purposes of paragraph 33, British Columbia and the Tla’amin Nation will negotiate and attempt to reach agreement on a process to evaluate the impact of authorized uses or dispositions of provincial Crown land on the Tla’amin Nation's reasonable opportunity to gather Plants.
35. The Tla’amin Right to Gather Plants will be exercised in a manner that does not interfere with authorized uses or dispositions of provincial Crown land existing as of the Effective Date or authorized in accordance with paragraph 33.
36. The Minister may, for conservation, public health or public safety reasons, require the Tla’amin Nation to prepare and submit a gathering plan.
37. Where a gathering plan is required under paragraph 36, the Tla’amin Nation will exercise the Tla’amin Right to Gather Plants in accordance with the gathering plan approved by the Minister or any provincial Protected Area management plan.
38. Notwithstanding paragraph 66 of the General Provisions Chapter, where British Columbia and the Tla’amin Nation agree, information provided by the Tla’amin Nation under paragraph 36 will not be subject to public disclosure without the Tla’amin Nation's prior written consent.
39. Where either or both of the parcels set out in Part 3 of Appendix I cease to be part of Desolation Sound Marine Park, British Columbia will offer to sell the land that ceases to be part of Desolation Sound Marine Park to the Tla’amin Nation for a price not to exceed fair market value.
40. Where the Tla’amin Nation decides to sell any portion of or all of the Former Kahkaykay Indian Reserve No. 6, the Tla’amin Nation will offer to sell the land to British Columbia for a price not to exceed fair market value.
41. The Tla’amin Nation may make proposals to British Columbia to establish new Protected Areas in the area set out in Appendix S.
42. Nothing in this Agreement obligates British Columbia to establish any new Protected Areas.
43. Any Protected Area, National Park, National Historic Site, Migratory Bird Sanctuary, National Wildlife Area or National Marine Conservation Area established after the Effective Date will not include Tla’amin Lands without the consent of the Tla’amin Nation.
44. British Columbia and the Tla’amin Nation may enter into an agreement, consistent with this Agreement and legislation establishing Protected Areas, that addresses:
a. Protected Area planning;
b. management and operations;
c. economic opportunities; and
d. other matters agreed to by British Columbia and the Tla’amin Nation.
45. An agreement under paragraph 44 will include Desolation Sound Marine Park and may include arrangements for activities in other Protected Areas within the area set out in Part 2 of Appendix N-1.
46. Canada will Consult with the Tla’amin Nation before the establishment of any National Park, National Historic Site, Migratory Bird Sanctuary, National Wildlife Area or National Marine Conservation Area within the area set out in Part 2 of Appendix N-1.
47. Within two years after the Effective Date, the Tla’amin Nation may:
a. develop a commercial recreation management plan for a portion of the area set out in Appendix U; and
b. based on the commercial recreation management plan, apply for a commercial recreation tenure.
48. Provided that the application by the Tla’amin Nation under subparagraph 47.b is in accordance with provincial policy in relation to commercial recreation, British Columbia will issue a commercial recreation tenure to the Tla’amin Nation for the operating area described in the commercial recreation management plan.
49. The term of the Tla’amin Nation's commercial recreation tenure will be 30 years.
50. During the first five years of the term of the Tla’amin Nation's commercial recreation tenure:
a. the Tla’amin Nation may, but is not required to, carry out the activities set out in the commercial recreation management plan; and
b. British Columbia will not issue another commercial recreation tenure within the operating area of the Tla’amin Nation's commercial recreation tenure which would directly conflict with the Tla’amin Nation's commercial recreation management plan.