CHAPTER 13 – ENVIRONMENTAL ASSESSMENT
AND ENVIRONMENTAL PROTECTION

ENVIRONMENTAL ASSESSMENT

1.  Federal and Provincial Law in relation to environmental assessment apply on Tla’amin Lands.

2.  Notwithstanding any decision made by Canada or British Columbia in relation to a Federal Project or Provincial Project, no Federal Project or Provincial Project on Tla’amin Lands will proceed without the consent of the Tla’amin Nation.

Tla’amin Nation Participation – Provincial Assessments

3.  Where a proposed Provincial Project is located within the Tla’amin Area, and may reasonably be expected to adversely affect Tla’amin Lands, the residents of Tla’amin Lands or Tla’amin Section 35 Rights, British Columbia will ensure that the Tla’amin Nation:

a. receives timely notice of and relevant available information on the Provincial Project;

b. is Consulted regarding the environmental effects of the Provincial Project; and

c. receives an opportunity to participate in the environmental assessment of the Provincial Project.

4.  British Columbia will respond to any views provided by the Tla’amin Nation to British Columbia under subparagraphs 3.b and 3.c before making a decision that would have the effect of enabling the Provincial Project to be carried out in whole or in part.

Tla’amin Nation Participation – Federal Assessments

5.  Where a proposed Federal Project may reasonably be expected to adversely affect Tla’amin Lands or Tla’amin Section 35 Rights:

a. Canada will ensure that the Tla’amin Nation is provided with timely notice of the environmental assessment and information describing the Federal Project in sufficient detail to permit the Tla’amin Nation to determine whether it is interested in participating in the environmental assessment;

b. where the Tla’amin Nation confirms that it is interested in participating in the environmental assessment of the Federal Project, Canada will provide the Tla’amin Nation with an opportunity to comment on the environmental assessment conducted under the Canadian Environmental Assessment Act, including:

i. the scope of the Federal Project;

ii. the environmental effects of the Federal Project;

iii. any mitigation measures to be implemented; and

iv. any follow-up programs to be implemented;

c. during the course of the environmental assessment conducted under the Canadian Environmental Assessment Act, Canada will give full and fair consideration to any comments provided by the Tla’amin Nation under subparagraph 5.b, and will respond to the comments, before taking any decision to which those comments pertain; and

d. Canada will provide the Tla’amin Nation with access to information in Canada's possession related to the environmental assessment of the Federal Project, in accordance with the public registry provisions in the Canadian Environmental Assessment Act.

6.  Where a proposed Federal Project that is referred to a panel under the Canadian Environmental Assessment Act may reasonably be expected to adversely affect Tla’amin Lands or Tla’amin Section 35 Rights, in addition to paragraph 5, Canada will provide the Tla’amin Nation with:

a. the opportunity to propose to the Minister a list of names that the Minister may consider for appointment to the panel, unless the panel is an Independent Regulatory Agency or the Tla’amin Nation is a proponent of the Federal Project; and

b. formal standing before that panel.

7.  Where a proposed Federal Project, that is referred to a panel under the Canadian Environmental Assessment Act, will be located on Tla’amin Lands, Canada will provide the Tla’amin Nation with:

a. the opportunity to propose to the Minister a list of names from which the Minister will appoint one member in accordance with the requirements of the Canadian Environmental Assessment Act, unless the panel is an Independent Regulatory Agency or if the Tla’amin Nation is a proponent of the proposed Federal Project;

b. the opportunity to comment on the terms of reference of the panel; and

c. formal standing before that panel.

8.  For greater certainty, paragraphs 5 to 7 also apply where the Federal Project is also a Provincial Project.

LAW-MAKING AUTHORITY

9.  The Tla’amin Nation may make laws applicable on Tla’amin Lands in relation to:

a. environmental assessment for Tla’amin Projects that are not subject to environmental assessment under Provincial Law; and

b. environmental management relating to the protection, preservation and conservation of the Environment, including:

i. prevention, mitigation and remediation of pollution and degradation of the Environment;

ii. waste management, including solid wastes and wastewater;

iii. protection of local air quality;

iv. protection of water quality by preventing the escape of pollution and other material from Tla’amin Lands; and

v. Environmental Emergency response.

10.  Tla’amin Laws made under subparagraph 9.a in relation to Tla’amin Projects that are also Federal Projects will have the equivalent effect of, or exceed the requirements of the Canadian Environmental Assessment Act.

11.  Where the Tla’amin Nation exercises law-making authority under subparagraph 9.a, Canada and the Tla’amin Nation will negotiate and attempt to reach agreement to:

a. coordinate their respective environmental assessment requirements; and

b. avoid duplication where a Tla’amin Project is also a Federal Project.

12.  Federal or Provincial Law prevails to the extent of a Conflict with Tla’amin Law under paragraph 9.

ENVIRONMENTAL EMERGENCIES

13.  The Tla’amin Nation may enter into agreements with Canada, British Columbia, Local Government or other aboriginal groups for the prevention of, preparedness for, response to and recovery from Environmental Emergencies occurring on Tla’amin Lands or on land or waters adjacent to Tla’amin Lands.

[ Previous | Next ]