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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
1. The Tla’amin Nation has the right to self-government, and the authority to make laws, as set out in this Agreement.
2. Tla’amin Government, as provided for under the Tla’amin Constitution and this Agreement, is the government of the Tla’amin Nation.
3. The authority of the Tla’amin Nation to make laws in relation to a subject matter under this Agreement includes the authority to make laws and do other things necessarily incidental to exercising its authority.
4. The Tla’amin Nation may adopt Federal or Provincial Laws in respect of matters within the Tla’amin Nation law-making authority set out in this Agreement.
5. The exercise of the Tla’amin Nation's jurisdiction and authority set out in this Agreement will evolve over time.
6. The Tla’amin Nation is a legal entity with the capacity, rights, powers and privileges of a natural person including the ability to:
a. enter into contracts and agreements;
b. acquire and hold property or an interest in property and sell or otherwise dispose of that property or interest;
c. raise, spend, invest and borrow money;
d. sue and be sued; and
e. do other things ancillary to the exercise of its rights, powers and privileges.
7. The rights, powers, privileges and authorities of the Tla’amin Nation will be exercised in accordance with:
a. this Agreement; and
b. Tla’amin Laws, including the Tla’amin Constitution.
8. The Tla’amin Nation will act through Tla’amin Government in exercising its rights, powers, privileges and authorities and in carrying out its duties, functions and obligations.
9. The Tla’amin Nation will have a Tla’amin Constitution, consistent with this Agreement, which will provide:
a. that the Tla’amin Nation will act through the Tla’amin Government in exercising its rights, powers, privileges and authorities in carrying out its duties, functions and obligations;
b. for a democratic Tla’amin Government, including its duties, composition and membership;
c. that Tla’amin Government will be democratically accountable and hold elections at least every five years;
d. that a majority of members of Tla’amin Government will be elected;
e. for a system of financial administration with standards comparable to those generally accepted for governments in Canada, through which Tla’amin Government will be financially accountable to Tla’amin Citizens;
f. for conflict of interest rules comparable to those generally accepted for governments of similar size in Canada;
g. for recognition and protection of rights and freedoms of Tla’amin Citizens;
h. that every individual who is enrolled under this Agreement is entitled to be a Tla’amin Citizen;
i. that this Agreement sets out the authority of the Tla’amin Nation, acting through the Tla’amin Government, to make laws;
j. the process for the enactment of laws by the Tla’amin Nation acting through the Tla’amin Government;
k. that any Tla’amin Law which is inconsistent with the Tla’amin Constitution is, to the extent of the inconsistency, of no force or effect;
l. for the establishment of Tla’amin Public Institutions;
m. for conditions under which the Tla’amin Nation may dispose of lands or interests in lands;
n. for a process for amendment of the Tla’amin Constitution; and
o. for other provisions.
10. The Tla’amin Constitution, once ratified in accordance with this Agreement, will come into force on the Effective Date.
11. A majority of the members of the executive and legislative branches of Tla’amin Government will be elected, as provided for in the Tla’amin Constitution.
12. Subject to paragraph 11, the Tla’amin Constitution may provide for the appointment of members to the executive or legislative branches of Tla’amin Government, including the process for appointment, duties and other related matters.
13. Elections for Tla’amin Government will be held in accordance with the Tla’amin Constitution and other Tla’amin Laws.
14. The Tla’amin Nation will establish processes for appeal or review of administrative decisions made by Tla’amin Institutions. Where those processes provide for a right of appeal to a court, the Supreme Court of British Columbia will have jurisdiction to hear those appeals.
15. The Supreme Court of British Columbia has jurisdiction to hear applications for judicial review of administrative decisions taken by Tla’amin Institutions under a Tla’amin Law.
16. An application for judicial review under paragraph 15 may not be brought until all processes for appeal or review established by the Tla’amin Nation, and applicable to that decision, have been exhausted.
17. The Judicial Review Procedure Act applies to an application for judicial review under paragraph 15 as if the Tla’amin Law were an enactment within the meaning of the Judicial Review Procedure Act.
18. The Provincial Court of British Columbia or the Supreme Court of British Columbia, as the case may be, has jurisdiction to hear applications challenging the validity of Tla’amin Laws.
19. The Tla’amin Nation will:
a. maintain a public registry of Tla’amin Laws 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. provide Canada and British Columbia with copies of Tla’amin Laws as soon as practical after they are enacted, unless otherwise agreed by the Parties; and
c. establish procedures for the coming into force and publication of Tla’amin Laws.
20. Tla’amin Institutions will Consult with Non-Members concerning decisions to be made by Tla’amin Institutions that directly and significantly affect those Non-Members.
21. In addition to the requirement to Consult under paragraph 20, the Tla’amin Nation will provide Non-Members with the opportunity to participate in the decision-making processes of a Tla’amin Public Institution where the activities of the Tla’amin Public Institution directly and significantly affect Non-Members.
22. The means of participation under paragraph 21 will include:
a. an opportunity for Non-Members to elect at least one Non-Member as a member of the Tla’amin Public Institution with the ability to participate in discussions and vote on matters that directly and significantly affect Non-Members;
b. the appointment of at least one individual, selected by Non-Members, as a member of the Tla’amin Public Institution with the ability to participate in discussions and vote on matters that directly and significantly affect Non-Members; or
c. other comparable measures.
23. Notwithstanding paragraph 22, the Tla’amin Nation may provide that a majority of the members of a Tla’amin Public Institution will be Tla’amin Citizens.
24. The Tla’amin Nation will establish the means of participation under paragraph 22 by Tla’amin Law at the same time that it establishes a Tla’amin Public Institution whose activities may directly and significantly affect Non-Members.
25. The Tla’amin Nation will provide Non-Members with access to the appeal and review processes established under paragraph 14 in respect of activities that directly and significantly affect Non-Members.
26. The chief and councillors of the Sliammon band council under the Indian Act on the day before the Effective Date are the elected members of Tla’amin Government from the Effective Date until the office holders elected in the first election for Tla’amin Government take office.
27. The first election for Tla’amin Government will be held no later than six months after the Effective Date.
28. The Tla’amin Nation will give Canada and British Columbia at least six months written notice before making any law in relation to adoption, Child Protection Services, health services, family and social services, Child Care services or kindergarten to grade 12 education.
29. Upon agreement by the Parties, the Tla’amin Nation may exercise a law-making authority before the expiration of the six month notice period under paragraph 28.
30. At the written request of any Party made within three months of notice being provided under paragraph 28, the relevant Parties will discuss:
a. options to address the interests of the Tla’amin Nation through methods other than the exercise of law-making authority;
b. immunity of individuals providing services or exercising authority under Tla’amin Laws;
c. any transfer of cases and related documentation from federal or provincial institutions to Tla’amin Institutions, including any confidentiality and privacy considerations;
d. any transfer of assets from federal or provincial institutions to Tla’amin Institutions;
e. any appropriate amendments to Federal or Provincial Laws, including amendments to address duplicate licensing requirements; and
f. other matters agreed to by the relevant Parties.
31. The Parties may negotiate agreements regarding any of the matters set out in paragraph 30, but an agreement under this paragraph is not a condition precedent to the exercise of law-making authority by the Tla’amin Nation, and such authority may be exercised immediately following the expiration of the six month notice period under paragraph 28.
32. Subject to paragraph 38, or an agreement under paragraph 35, before legislation is introduced in the Legislative Assembly, or before a regulation is approved by the Lieutenant-Governor-in-Council, British Columbia will notify the Tla’amin Nation where:
a. this Agreement provides the Tla’amin Nation with law-making authority in respect of the subject matter of the legislation or regulation;
b. the legislation or regulation may affect the protections, immunities, limitations in respect of liability, remedies over and rights referred to in paragraphs 189 to 191; or
c. the legislation or regulation may affect:
i. the rights, powers, duties or obligations; or
ii. the protections, immunities or limitations in respect of liability
referred to in paragraph 130,
except where this cannot be done for reasons of emergency or confidentiality.
33. Where British Columbia does not notify the Tla’amin Nation under paragraph 32 for reasons of emergency or confidentiality, British Columbia will notify the Tla’amin Nation that the legislation has been introduced in the Legislative Assembly, or the regulation has been deposited with the registrar of regulations, as the case may be.
34. Notification under paragraphs 32 and 33 will include:
a. the nature and purpose of the proposed legislation or regulation; and
b. the date the proposed legislation or regulation is anticipated to take effect, if it has not already done so.
35. The Tla’amin Nation and British Columbia may enter into an agreement establishing alternatives to the obligations which would otherwise apply under paragraphs 32 to 34 and 36.
36. Subject to paragraphs 37 and 38 or an agreement under paragraph 35, if, within 30 days after notification under paragraph 32 or 33, or by agreement under paragraph 35, the Tla’amin Nation makes a written request to British Columbia, then British Columbia and the Tla’amin Nation will discuss the effect of the legislation or regulation, if any, on:
a. a Tla’amin Law; or
b. a matter referred to in subparagraph 32.b or 32.c.
37. Where British Columbia establishes a process or has established a process with First Nation Governments in British Columbia providing for collective discussion in relation to matters referred to in paragraph 36:
a. the Tla’amin Nation will be invited to participate in that process; and
b. the process will be deemed to satisfy British Columbia's obligation for discussion in respect of a particular matter under paragraph 36.
38. Where the Tla’amin Nation is a member of a representative body and British Columbia and that body have entered into an agreement providing for consultation in respect of matters under paragraphs 32, 33 and 36, then consultations in respect of a particular matter will be deemed to satisfy British Columbia's obligations for notification under paragraphs 32 and 33 and discussion under paragraph 36.
39. Unless British Columbia agrees otherwise, the Tla’amin Nation will retain the information provided under paragraphs 32 to 38 in strict confidence until such time, if ever, the draft legislation is given first reading in the Legislative Assembly or a regulation is deposited with the registrar of regulations, as applicable.
40. Discussions under paragraphs 36 to 38 may address the following issues where applicable:
a. amendments to Tla’amin Law that may be required as a result of the proposed provincial legislation or regulation;
b. potential amendments to the proposed provincial legislation or regulation to avoid unintended implications for the Tla’amin Law;
c. any financial implications for a Tla’amin Institution; and
d. other matters agreed to by the Tla’amin Nation and British Columbia.
41. The Parties acknowledge that nothing in paragraphs 32 to 38 is intended to interfere with British Columbia's legislative process.
42. Notwithstanding any other provision of this Agreement, to the extent that provincial legislation or a regulation referred to in paragraph 32 affects the validity of a Tla’amin Law, the Tla’amin Law will be deemed to be valid for a period of six months after the coming into force of the provincial legislation or regulation.
43. Any law-making authority of the Tla’amin Nation under this Agreement may be delegated by Tla’amin Law to:
a. a Tla’amin Public Institution;
b. another First Nation Government in British Columbia or a public institution established by one or more First Nation Governments in British Columbia;
c. Canada, British Columbia or a Local Government; or
d. a legal entity agreed to by the Parties,
where the delegation and the exercise of any law-making authority is in accordance with this Agreement and the Tla’amin Constitution.
44. Any authority of the Tla’amin Nation under this Agreement other than law-making authority may be delegated by Tla’amin Law to:
a. any body set out in subparagraph 43.a;
b. any body set out in subparagraphs 43.b to 43.d; or
c. a legal entity in Canada,
where the delegation and the exercise of any delegated authority is in accordance with this Agreement and the Tla’amin Constitution.
45. Any delegation under subparagraphs 43.b to 43.d or subparagraphs 44.b and 44.c requires the written consent of the delegate.
46. The Tla’amin Nation may enter into agreements to receive authorities, including law-making authority, by delegation.
47. The Tla’amin Nation may make laws in relation to the administration, management and operation of Tla’amin Government, including:
a. the establishment of Tla’amin Public Institutions, and their respective powers, duties, composition and membership, but the registration or incorporation of a Tla’amin Public Institution will be under Federal or Provincial Law;
b. the powers, duties, responsibilities, remuneration and indemnification of members, officials and appointees of Tla’amin Institutions;
c. the establishment of Tla’amin Corporations, but the registration or incorporation of a Tla’amin Corporation will be under Federal or Provincial Law;
d. financial administration of the Tla’amin Nation and Tla’amin Institutions; and
e. elections, by-elections and referenda.
48. The Tla’amin Nation will make laws to provide Tla’amin Citizens with reasonable access to information in the custody or control of a Tla’amin Institution.
49. The Tla’amin Nation will make laws to provide persons other than Tla’amin Citizens with reasonable access to information in the custody or control of a Tla’amin Institution regarding matters that directly and significantly affect those persons.
50. The procedures by which the Tla’amin Nation provides access to information may be different under paragraphs 48 and 49.
51. A Tla’amin Law made under paragraph 48 or 49 may exempt access to information that is generally unavailable under Federal or Provincial Law.
52. Tla’amin Law under paragraphs 47 to 51 prevails to the extent of a Conflict with Federal or Provincial Law, unless the Conflict is in relation to the protection of personal information, in which case Federal or Provincial Law prevails to the extent of the Conflict.
53. The Tla’amin Nation may make laws in relation to Tla’amin Citizenship.
54. The conferring of Tla’amin Citizenship does not:
a. confer or deny rights of entry into Canada, Canadian citizenship, the right to be registered as an Indian under the Indian Act or any of the rights or benefits under the Indian Act; or
b. except as set out in this Agreement or in any Federal or Provincial Law, impose any obligation on Canada or British Columbia to provide rights or benefits.
55. Tla’amin Law under paragraph 53 prevails to the extent of a Conflict with Federal or Provincial Law.
56. The Tla’amin Nation may make laws in relation to the use, possession, management and disposition of assets of the Tla’amin Nation, a Tla’amin Institution or a Tla’amin Corporation:
a. located on Tla’amin Lands; and
b. located off Tla’amin Lands.
57. For greater certainty, the law-making authority under paragraph 56 does not include the authority to make laws regarding creditors' rights and remedies.
58. For the purposes of paragraph 56, "assets" include artifacts owned by the Tla’amin Nation, a Tla’amin Public Institution or a Tla’amin Corporation.
59. Tla’amin Law under subparagraph 56.a prevails to the extent of a Conflict with Federal or Provincial Law.
60. Federal or Provincial Law prevails to the extent of a Conflict with Tla’amin Law under subparagraph 56.b.
61. For the purposes of paragraphs 62 to 70, all relevant factors will be considered in determining a Child's best interests, including the importance of preserving the Child's cultural identity and any factors that must be considered under the Adoption Act.
62. The Tla’amin Nation may make laws in relation to:
a. adoptions of Tla’amin Children in British Columbia; and
b. adoptions by Tla’amin Citizens of Children who reside on Tla’amin Lands.
63. Tla’amin Law under paragraph 62 will:
a. expressly provide that the best interests of the Child are the paramount consideration in determining whether an adoption will take place; and
b. provide for the consent of individuals whose consent to a Child's adoption is required under Provincial Law, subject to the power of the court to dispense with such consent under Provincial Law.
64. Where the Tla’amin Nation makes laws under paragraph 62, the Tla’amin Nation will:
a. develop operational and practice standards that promote the best interests of the Child; and
b. provide Canada and British Columbia with a record of all adoptions occurring under Tla’amin Law.
65. The Parties will negotiate and attempt to reach agreement on the information that will be included in the record provided under subparagraph 64.b.
66. Tla’amin Law under paragraph 62 applies to the adoption of a Tla’amin Child residing off Tla’amin Lands or a Child residing on Tla’amin Lands who is not a Tla’amin Child where:
a. the Child has not been placed for adoption under the Adoption Act, and all of the following consent to the application of Tla’amin Law to the adoption:
i. the parents;
ii. if the Child has reached the age where consent to adoption is required under the Adoption Act, the child; and
iii. if the Child is not under the guardianship of a Director, the guardian of the Child;
b. a Director designated under the Child, Family and Community Service Act is guardian of the Child and the Director consents to:
i. the adoption of a Child residing on Tla’amin Lands who is not a Tla’amin Child; or
ii. the adoption of a Tla’amin Child residing off Tla’amin Lands in accordance with subparagraph 67.d; or
c. a court dispenses with the requirement for the consent referred to in subparagraph 66.a, in accordance with the criteria that would be used by that court in an application to dispense with the requirement for a parent or guardian's consent to an adoption under Provincial Law.
67. Where a Director designated under the Child, Family and Community Service Act becomes guardian of a Tla’amin Child, the Director will:
a. provide notice to the Tla’amin Nation that the Director is the guardian of the Tla’amin Child;
b. provide notice to the Tla’amin Nation when the Director applies for a continuing custody order;
c. provide the Tla’amin Nation with a copy of the continuing custody order once that order is made and make reasonable efforts to involve the Tla’amin Nation in planning for the Tla’amin Child;
d. if requested by the Tla’amin Nation, consent to the application of Tla’amin Law to the adoption of that Tla’amin Child, provided that it is in the best interests of the Tla’amin Child; and
e. in determining the best interests of the Tla’amin Child under subparagraph 67.d, the Director will consider the importance of preserving the Tla’amin Child's cultural identity.
68. Tla’amin Law under paragraph 62 prevails to the extent of a Conflict with Federal or Provincial Law.
69. Before placing a Tla’amin Child for adoption, an adoption agency will make reasonable efforts to obtain information about the Tla’amin Child's cultural identity and discuss with a designated representative of the Tla’amin Nation the Tla’amin Child's placement.
70. Paragraph 69 does not apply if the Tla’amin Child has reached the age where consent to adoption is required under the Adoption Act and objects to the discussion taking place, or if the birth parent or other guardian of the Tla’amin Child who requested that the Tla’amin Child be placed for adoption objects to the discussion taking place.
71. The Tla’amin Nation has standing in any judicial proceedings in which custody of a Tla’amin Child is in dispute and the court will consider any evidence and representations respecting Tla’amin Law and customs in addition to any other matters it is required by law to consider.
72. The participation of the Tla’amin Nation under paragraph 71 will be in accordance with the applicable rules of court and will not affect the court's ability to control its process.
73. The Tla’amin Nation may make laws in relation to Child Protection Services on Tla’amin Lands for:
a. Children of Tla’amin Families; and
b. Children who are not members of Tla’amin Families, subject to an agreement under subparagraph 79.b.
74. Tla’amin Laws under paragraph 73 will:
a. expressly provide that those laws will be interpreted and administered such that the Safety and Well-Being of Children are the paramount consideration; and
b. not preclude the reporting under Provincial Law of a Child in Need of Protection.
75. Where the Tla’amin Nation makes laws under paragraph 73, the Tla’amin Nation will:
a. develop operational and practice standards intended to ensure the Safety and Well-Being of Children;
b. participate in, or establish systems compatible with, British Columbia's information management systems concerning Children in Need of Protection and Children in Care;
c. allow for mutual sharing of information with British Columbia concerning Children in Need of Protection and Children in Care; and
d. establish and maintain a system for the management, storage and disposal of Child Protection Services records and the safeguarding of personal Child Protection Services information.
76. Notwithstanding any laws made under paragraph 73, where there is an emergency in which a Child on Tla’amin Lands is a Child in Need of Protection, British Columbia may act to protect the Child if:
a. the Tla’amin Nation has the authority to respond, but has not responded or is unable to respond in a timely manner; or
b. the Tla’amin Nation does not have the authority to respond.
77. In the circumstances envisioned in subparagraph 76.a, British Columbia will refer the matter to the Tla’amin Nation after the emergency unless British Columbia and the Tla’amin Nation otherwise agree in writing.
78. Tla’amin Law under paragraph 73 prevails to the extent of a Conflict with Federal or Provincial Law.
79. At the request of the Tla’amin Nation or British Columbia, the Tla’amin Nation and British Columbia will negotiate and attempt to reach agreement in relation to Child Protection Services for:
a. Children of Tla’amin Families who do not reside on Tla’amin Lands; or
b. Children who are not members of Tla’amin Families and who reside on Tla’amin Lands.
80. At the request of the Tla’amin Nation or British Columbia, and regardless of whether the Tla’amin Nation has made a law under subparagraph 73.a, the Tla’amin Nation and British Columbia will negotiate and attempt to reach agreement in relation to Child Protection Services for Children of Tla’amin Families on Tla’amin Lands.
81. Where the Director becomes the guardian of a Tla’amin Child, the Director will make reasonable efforts to include the Tla’amin Nation in planning for the Tla’amin Child, including adoption planning.
82. The Tla’amin Nation may make laws authorizing individuals to practise as aboriginal healers on Tla’amin Lands.
83. The Tla’amin Nation's authority under paragraph 82 does not include the authority to regulate:
a. medical or health practices that, or practitioners who, require licensing or certification under Federal or Provincial Law; or
b. products or substances that are regulated under Federal or Provincial Law.
84. Tla’amin Law under paragraph 82 will establish standards:
a. in relation to competence, ethics and quality of practice that are reasonably required to protect the public; and
b. that are reasonably required to safeguard personal client information.
85. Tla’amin Law under paragraph 82 prevails to the extent of a Conflict with Federal or Provincial Law.
86. The Tla’amin Nation may make laws in relation to health services on Tla’amin Lands:
a. for Tla’amin Citizens; or
b. provided by a Tla’amin Institution.
87. Tla’amin Law under paragraph 86 will take into account the protection, improvement and promotion of public and individual health and safety.
88. Tla’amin Law under paragraph 86 will not apply to health services provided by a provincially-funded health institution, agency or body, other than an institution, agency or body established by the Tla’amin Nation.
89. At the request of any Party, the Parties will negotiate and attempt to reach agreement for the delivery and administration by a Tla’amin Institution of federal and provincial health services and programs for individuals residing on Tla’amin Lands.
90. At the request of any Party, the Parties may negotiate agreements for the delivery and administration of federal and provincial health services and programs other than those provided by a Tla’amin Institution for individuals residing on Tla’amin Lands.
91. Federal or Provincial Law prevails to the extent of a Conflict with Tla’amin Law under paragraph 86.
92. Notwithstanding paragraph 91, Tla’amin Law under paragraph 86 in relation to the organization and structure of Tla’amin Institutions used to deliver health services on Tla’amin Lands prevails to the extent of a Conflict with Federal or Provincial Law.
93. The Tla’amin Nation may make laws in relation to family and social services provided by a Tla’amin Institution, including income assistance, social development, housing, and family and community services.
94. Tla’amin Law under paragraph 93 may require individuals collecting income assistance from the Tla’amin Nation to participate in back-to-work programs or other similar programs.
95. Federal or Provincial Law prevails to the extent of a Conflict with Tla’amin Law under paragraph 93.
96. The Tla’amin Nation law-making authority under paragraph 93 does not include the authority to make laws in relation to the licensing and regulation of facility-based services off Tla’amin Lands.
97. Where the Tla’amin Nation makes laws under paragraph 93, at the request of any Party, the Parties will negotiate and attempt to reach agreement in relation to the exchange of information for the purposes of avoiding double payments and related matters.
98. At the request of any Party, the Parties will negotiate and attempt to reach agreement for the administration and delivery by a Tla’amin Institution of federal or provincial social services and programs for individuals residing on Tla’amin Lands.
99. The Tla’amin Nation may make laws in relation to Child Care services on Tla’amin Lands.
100. Federal or Provincial Law prevails to the extent of a Conflict with Tla’amin Law under paragraph 99.
101. The Tla’amin Nation may make laws in relation to Tla’amin language and culture education provided by a Tla’amin Institution on Tla’amin Lands for:
a. the certification and accreditation of teachers for Tla’amin language and Tla’amin culture; and
b. the development and teaching of Tla’amin language and Tla’amin culture curriculum.
102. Tla’amin Law under paragraph 101 prevails to the extent of a Conflict with Federal or Provincial Law.
103. The Tla’amin Nation may make laws in relation to kindergarten to grade 12 education on Tla’amin Lands:
a. for Tla’amin Citizens; or
b. provided by a Tla’amin Institution.
104. Tla’amin Law under paragraph 103 will:
a. establish curriculum, examination and other standards that permit transfers of students between school systems in British Columbia at a similar level of achievement and permit admission of students to the provincial post-secondary education systems; and
b. provide for certification and accreditation of teachers by a Tla’amin Institution or body recognized by British Columbia, in accordance with standards comparable to standards applicable to individuals who teach in public or provincially-funded independent schools in British Columbia.
105. Tla’amin Law under paragraph 103 will not apply to schools under the School Act or the Independent School Act, unless the school is established by the Tla’amin Nation under the Independent School Act.
106. Subparagraph 104.b does not apply to the certification and accreditation of teachers of Tla’amin language and culture.
107. The Tla’amin Nation may make laws in relation to kindergarten to grade 12 home education of Tla’amin Citizens on Tla’amin Lands.
108. Tla’amin Law under paragraphs 103 and 107 will not interfere with the right of parents to decide where their Children may be enrolled to receive kindergarten to grade 12 education.
109. Tla’amin Law under paragraph 103 or 107 prevails to the extent of a Conflict with Federal or Provincial Law.
110. At the request of the Tla’amin Nation or British Columbia, the Tla’amin Nation and British Columbia will negotiate and attempt to reach agreement concerning the provision of kindergarten to grade 12 education by a Tla’amin Institution to:
a. individuals other than Tla’amin Citizens; and
b. Tla’amin Citizens residing off Tla’amin Lands.
111. The Tla’amin Nation may make laws in relation to post-secondary education provided by a Tla’amin Institution on Tla’amin Lands, including:
a. the establishment of post-secondary institutions that have the ability to grant degrees, diplomas or certificates;
b. the determination of the curriculum for post-secondary institutions established by the Tla’amin Nation; and
c. the provision for and coordination of all adult education programs.
112. Federal or Provincial Law prevails to the extent of a Conflict with Tla’amin Law under paragraph 111.
113. A Tla’amin Institution may operate and provide post-secondary education services off Tla’amin Lands in accordance with Federal and Provincial Law.
114. A Tla’amin Institution may enter into arrangements with British Columbia or post-secondary institutions in relation to the provision of post-secondary education by those institutions to Tla’amin Citizens or other individuals identified by the Tla’amin Nation.
115. The Tla’amin Nation may make laws in relation to the prohibition of, and the terms and conditions for, the sale, exchange, possession, manufacture or consumption of liquor on Tla’amin Lands.
116. Federal or Provincial Law prevails to extent of a Conflict with Tla’amin Law under paragraph 115.
117. The Tla’amin Nation, its agents and assignees have:
a. the exclusive right to sell liquor on Tla’amin Lands in accordance with Federal and Provincial Law; and
b. the right to purchase liquor from the British Columbia Liquor Distribution Branch, or its successors, in accordance with Federal and Provincial Law.
118. British Columbia will approve an application made by the Tla’amin Nation, its agents or assignees for a licence, permit or other authority to sell liquor on Tla’amin Lands, where the application meets provincial regulatory requirements.
119. Notwithstanding subparagraph 117.a, British Columbia may issue to a person other than the Tla’amin Nation, its agents or assignees, a licence, permit or other authority to sell liquor on Tla’amin Lands with the consent of the Tla’amin Nation.
120. British Columbia will, in accordance with Provincial Law, authorize persons designated by the Tla’amin Nation to approve or deny applications for special occasion licences or temporary permits to sell liquor on Tla’amin Lands.
121. The Tla’amin Nation may make laws in relation to:
a. the marriage rites and ceremonies of the Tla’amin culture; and
b. the designation of Tla’amin Citizens to solemnize marriages.
122. Nothing in the Marriage Act will be construed as in any way preventing the Tla’amin Nation from solemnizing, according to the rites and ceremonies of the Tla’amin culture, a marriage between any two individuals:
a. neither of whom is under any legal disqualification to contract marriage under Federal or Provincial Law; and
b. either or both of whom are Tla’amin Citizens.
123. A marriage may not be solemnized under Tla’amin Law unless the individuals intending to marry possess a valid marriage licence.
124. For the purposes of paragraph 123, marriage licences may only be issued by the Tla’amin Nation where:
a. the Tla’amin Nation has been appointed as an issuer of marriage licences under Provincial Law; and
b. the issuance of the marriage licence complies with the Marriage Act.
125. Immediately after the solemnization of the marriage, a representative designated under subparagraph 121.b must register the marriage:
a. by entering a record of it in a marriage register book issued by Vital Statistics and kept by the Tla’amin Nation for that purpose; and
b. by providing the original registration to the chief executive officer under the Vital Statistics Act.
126. The chief executive officer, or an individual authorized by the chief executive officer, under the Vital Statistics Act may, during normal business hours and as often as the chief executive officer considers necessary, inspect the marriage register book kept by the Tla’amin Nation and compare it with the registrations returned by the Tla’amin Nation under subparagraph 125.b.
127. The record under subparagraph 125.a must be signed:
a. by each of the parties to the marriage;
b. by two witnesses; and
c. by a representative designated under subparagraph 121.b.
128. A representative designated under subparagraph 121.b by whom a marriage is solemnized must observe and perform the duties imposed on him or her under the Vital Statistics Act respecting the records of marriage.
129. Subject to paragraphs 122 to 128, a Tla’amin Law under paragraph 121 prevails to the extent of a Conflict with Federal or Provincial Law.
130. The Tla’amin Nation has:
a. the rights, powers, duties and obligations; and
b. the protections, immunities and limitations in respect of liability
of a local authority under Federal and Provincial Law in relation to emergency preparedness and emergency measures on Tla’amin Lands.
131. The Tla’amin Nation may make laws in relation to its rights, powers, duties and obligations under paragraph 130.
132. Federal or Provincial Law prevails to the extent of a Conflict with Tla’amin Law under paragraph 131.
133. For greater certainty, the Tla’amin Nation may declare a state of local emergency and exercise the powers of a local authority in respect of local emergencies in accordance with Federal and Provincial Law in relation to emergency measures, but any declaration and any exercise of those powers is subject to the authority of Canada and British Columbia under Federal and Provincial Law.
134. Nothing in this Agreement affects the authority of:
a. Canada to declare a national emergency; or
b. British Columbia to declare a provincial emergency,
under Federal and Provincial Law.
135. The Tla’amin Nation may make laws in relation to the regulation, licensing and prohibition of businesses on Tla’amin Lands including the imposition of licence fees or other fees.
136. The Tla’amin Nation law-making authority under paragraph 135 does not include the authority to make laws in relation to the accreditation, certification or professional conduct of individuals engaged in professions or trades.
137. For greater certainty, paragraph 136 does not apply to the certification or accreditation of teachers of the Tla’amin language and culture or the certification of kindergarten to grade 12 teachers under this Chapter.
138. Federal or Provincial Law prevails to the extent of a Conflict with Tla’amin Law under paragraph 135.
139. The Tla’amin Nation may make laws in relation to the regulation, control or prohibition of any actions, activities or undertakings on Tla’amin Lands, or on Submerged Lands within Tla’amin Lands, that constitute, or may constitute, a nuisance, a trespass, a danger to public health or a threat to public order, peace or safety.
140. The Tla’amin Nation law-making authority under paragraph 139 does not include the authority to make laws in respect of the regulation, control or prohibition of any actions, activities or undertakings on Submerged Lands within Tla’amin Lands that are authorized by the Crown.
141. Federal or Provincial Law prevails to the extent of a Conflict with Tla’amin Law under paragraph 139.
142. The Tla’amin Nation may make laws in relation to the design, construction, maintenance, repair and demolition of buildings and structures on Tla’amin Lands.
143. Subject to paragraph 144, Tla’amin Law under paragraph 142 will not establish standards for buildings or structures to which the British Columbia Building Code applies, which are additional to or different from the standards established by the British Columbia Building Code.
144. At the request of the Tla’amin Nation, British Columbia and the Tla’amin Nation will negotiate and attempt to reach agreement to enable the Tla’amin Nation to establish standards for buildings and structures under Tla’amin Law which are additional to or different from the standards established by the British Columbia Building Code.
145. Federal or Provincial Law prevails to the extent of a Conflict with Tla’amin Law under paragraph 142.
146. The Tla’amin Nation may make laws in relation to public works and related services on Tla’amin Lands.
147. Federal or Provincial Law prevails to the extent of a Conflict with Tla’amin Law under paragraph 146.
148. Tla’amin Law may provide for the imposition of sanctions, including fines, Administrative Penalties, community service, restitution and imprisonment, for the violation of Tla’amin Law.
149. Except as provided in paragraph 6 of the Taxation Chapter, Tla’amin Law may provide for:
a. a maximum fine that is not greater than that which may be imposed for comparable regulatory offences punishable by way of summary conviction under Federal or Provincial Law; and
b. a maximum Administrative Penalty that is not greater than that which may be imposed for a breach of a comparable regulatory requirement under Federal or Provincial Law.
150. Where there is no comparable regulatory offence or regulatory requirement under Federal or Provincial Law, the maximum fine or Administrative Penalty will not be greater than the general limit for offences under the Offence Act.
151. Subject to paragraph 6 of the Taxation Chapter, Tla’amin Law may provide for a maximum term of imprisonment that is not greater than the general limit for offences under the Offence Act.
152. The Tla’amin Nation is responsible for the enforcement of Tla’amin Law.
153. At the request of the Tla’amin Nation, the Parties may negotiate and attempt to reach agreement for the enforcement of Tla’amin Law by a police force or federal or provincial enforcement officials.
154. The Tla’amin Nation may make laws for the enforcement of Tla’amin Law, including laws respecting:
a. the appointment of officers to enforce Tla’amin Law; and
b. powers of enforcement provided such powers do not exceed those provided by Federal or Provincial Law for enforcing similar laws in British Columbia.
155. Federal or Provincial Law prevails to the extent of a Conflict with Tla’amin Law under paragraph 154.
156. The Tla’amin Nation law-making authority under paragraph 154 does not include the authority to:
a. establish a police force; or
b. authorize the carriage or use of a firearm by Tla’amin enforcement officials,
but nothing in this Agreement prevents the Tla’amin Nation from establishing a police force under Provincial Law.
157. Where the Tla’amin Nation appoints officials to enforce Tla’amin Law, the Tla’amin Nation will:
a. ensure that any Tla’amin enforcement officials are adequately trained to carry out their duties having regard to training requirements for other enforcement officers carrying out similar duties in British Columbia; and
b. establish and implement procedures for responding to complaints against Tla’amin enforcement officials.
158. Tla’amin Law made in accordance with the Fisheries, Wildlife and Migratory Birds Chapters may be enforced by individuals authorized to enforce Federal Law, Provincial Law or Tla’amin Law in relation to Fish, Aquatic Plants, Wildlife and Migratory Birds in British Columbia.
159. At the request of the Tla’amin Nation, the Parties may negotiate and attempt to reach agreement concerning the enforcement of the environmental laws of any Party on Tla’amin Lands.
160. The Tla’amin Nation may, by a proceeding brought in the Supreme Court of British Columbia, enforce, or prevent or restrain the contravention of, Tla’amin Law.
161. The Provincial Court of British Columbia has jurisdiction to hear prosecutions of offences under Tla’amin Law.
162. The Tla’amin Nation may propose to the Judicial Council of British Columbia, individuals to be recommended by the Judicial Council of British Columbia for appointment and designation as judicial justices of the peace.
163. For the purposes of paragraph 162, the Tla’amin Nation will:
a. develop and implement a process, including eligibility criteria, for identifying candidates; and
b. on submitting a proposed candidate, disclose to the Judicial Council of British Columbia the nature and result of the processes referred to in subparagraph 163.a.
164. The Provincial Court Act will apply in relation to:
a. the appointment and designation by the Lieutenant-Governor-in-Council of individuals recommended by the Judicial Council of British Columbia under paragraph 162; and
b. judicial justices of the peace appointed and designated by the Lieutenant-Governor-in-Council under subparagraph 164.a.
165. Judicial justices of the peace appointed under paragraph 164 will have jurisdiction to adjudicate offences established under Tla’amin Law and such other offences as may be determined by the Chief Judge of the Provincial Court of British Columbia.
166. The summary conviction proceedings of the Offence Act apply to prosecutions of offences under Tla’amin Law.
167. The Provincial Court of British Columbia or the Supreme Court of British Columbia, as the case may be, has jurisdiction to hear legal disputes arising between persons under Tla’amin Law.
168. The Tla’amin Nation is responsible for the prosecution of all matters arising from Tla’amin Law, including appeals, and may carry out this responsibility by:
a. appointing or retaining individuals to conduct prosecutions and appeals, in a manner consistent with the principle of prosecutorial independence and consistent with the overall authority and role of the Attorney General in the administration of justice in British Columbia; or
b. entering into agreements with Canada or British Columbia in respect of the conduct of prosecutions and appeals.
169. Unless the Parties otherwise agree, British Columbia will pay any fines collected in respect of a penalty imposed on a person by the Provincial Court of British Columbia or the Supreme Court of British Columbia, as the case may be, for a violation of Tla’amin Law, to the Tla’amin Nation on a similar basis as British Columbia makes payments to Canada for fines collected by British Columbia for a violation of Federal Law.
170. The Tla’amin Nation law-making authority does not include the authority to establish a court.
171. After receiving a written request from the Tla’amin Nation, the Parties will discuss and explore options for the establishment of a court, other than a provincial court with inherent jurisdiction or a federal court, to adjudicate offences and other matters arising under Tla’amin Law or laws of other First Nation Governments in British Columbia.
172. The Tla’amin Nation may provide Community Correctional Services for individuals charged with, or found guilty of, an offence under Tla’amin Law and carry out such other responsibilities as may be set out in an agreement under paragraphs 173 to 175.
173. At the request of the Tla’amin Nation, the Tla’amin Nation and British Columbia may negotiate and attempt to reach agreement to provide Community Correctional Services on Tla’amin Lands for individuals charged with, or found guilty of, an offence under Federal or Provincial Law.
174. The Tla’amin Nation and British Columbia may negotiate and attempt to reach agreement for the Tla’amin Nation to provide rehabilitative community-based programs and interventions off Tla’amin Lands for Tla’amin Citizens charged with, or found guilty of, an offence under Federal or Provincial Law.
175. The Tla’amin Nation and Canada may negotiate and attempt to reach agreement for individuals appointed by the Tla’amin Nation to deliver Community Correctional Services to individuals who:
a. are Tla’amin Citizens; or
b. reside on Tla’amin Lands,
and have been released from a federal penitentiary or are subject to a long-term supervision order, including parole, temporary absence supervision or other similar services delivered by Canada.
176. Canada and the Tla’amin Nation may negotiate and attempt to reach agreement for the Tla’amin Nation to establish facilities or processes for the care and custody of federally-sentenced offenders.
177. Where an agreement under paragraph 176 has been reached, federal standards in respect of the following areas apply, except as may be modified by such agreements:
a. the exercise of due process;
b. the proper and fair administration of the sentence of the court;
c. the protection of the public;
d. the safety and welfare of those individuals deprived of their freedom through the judicial process;
e. the provision of opportunities for rehabilitation;
f. the audit and review of the Tla’amin Nation's Community Correctional Services; and
g. management, storage and disposal of records and the safeguard of confidential information.
178. Where the Minister is of the opinion that correctional services to federal offenders are not being delivered in accordance with standards and procedures negotiated as part of an agreement under paragraph 176, the Minister may reassume the care and custody of federally-sentenced offenders under the care of the Tla’amin Nation.
179. Where practicable to do so, the Minister will provide the Tla’amin Nation with:
a. notification of the reasons or circumstances which form the basis of the Minister's decision to reassume the care and custody of offenders;
b. a reasonable opportunity to explain why no action should be taken; and
c. a reasonable opportunity to correct or modify the Tla’amin Nation's acts or omissions which form the basis for the Minister's decision.
180. Where the Minister has acted under paragraph 178 without providing notice to the Tla’amin Nation, the Minister will advise the Tla’amin Nation of the reasons or circumstances which formed the basis of the Minister's decision to reassume the care and custody of offenders.
181. This Agreement does not authorize the Tla’amin Nation to establish or maintain places of confinement, except for police jails or lock-ups operated by a police service established under Provincial Law or as provided for in an agreement under paragraph 176.
182. No action for damages lies or may be instituted against a member or former member of the legislative or executive branches of Tla’amin Government for:
a. anything said or done, or omitted to be said or done, by or on behalf of the Tla’amin Nation or Tla’amin Government by somebody other than that member or former member while he or she is, or was, a member;
b. any alleged neglect or default in the performance, or intended performance, of a duty, or the exercise of a power, of the Tla’amin Nation or Tla’amin Government while that individual is, or was, a member;
c. anything said or done or omitted to be said or done by that individual in the performance, or intended performance, of the individual's duty or the exercise of the individual's power; or
d. any alleged neglect or default in the performance, or intended performance, of that individual's duty or exercise of that individual's power.
183. Subparagraphs 182.c and 182.d do not provide a defence where:
a. the individual has, in relation to the conduct that is the subject matter of the action, been guilty of dishonesty, gross negligence or malicious or willful misconduct; or
b. the cause of action is libel or slander.
184. Subparagraphs 182.c and 182.d do not absolve the Tla’amin Nation from vicarious liability arising out of a tort committed by a member or former member of Tla’amin Government for which the Tla’amin Nation would have been liable had that paragraph not been in effect.
185. No action for damages lies or may be instituted against a Tla’amin Public Officer or former Tla’amin Public Officer for:
a. anything said or done, or omitted to be said or done, by that individual in the performance, or intended performance, of the individual's duty or the exercise of the individual's power; or
b. any alleged neglect or default in the performance, or intended performance, of that individual's duty or exercise of that individual's power.
186. Paragraph 185 does not provide a defence where:
a. the Tla’amin Public Officer has, in relation to the conduct that is the subject matter of the action, been guilty of dishonesty, gross negligence or malicious or willful misconduct; or
b. the cause of action is libel or slander.
187. Paragraph 185 does not absolve any of the corporations or bodies referred to in the definition of Tla’amin Public Officer from vicarious liability arising out of a tort committed by a Tla’amin Public Officer for which the corporation or body would have been liable had that paragraph not been in effect.
188. Notwithstanding paragraph 185, except as may be otherwise provided under Federal or Provincial Law, a Tla’amin Public Officer does not have protections, immunities or limitations in respect of liability in relation to the provision of a service, where no individuals delivering reasonably similar programs or services under Federal or Provincial Law have protections, immunities or limitations in respect of liability and rights under Federal or Provincial Law.
189. The Tla’amin Nation has the protections, immunities, limitations in respect of liability, remedies over and rights provided to a municipality under Part 7 of the Local Government Act and any such other provisions as may be agreed to by the Parties.
190. Tla’amin Government has the protections, immunities, limitations in respect of liability, remedies over and rights provided to a municipal council under Part 7 of the Local Government Act and any such other provisions as may be agreed to by the Parties.
191. Subject to paragraph 2 of the Access Chapter, the Tla’amin Nation has the protections, immunities, limitations in respect of liability, remedies over and rights provided to a municipality under the Occupiers Liability Act and, for greater certainty, has those protections, immunities, limitations in respect of liability, remedies over and rights, in respect of a road on Tla’amin Lands used by the public or by industrial or resource users, if the Tla’amin Nation is the occupier of that road.
192. Without limiting paragraphs 189 and 190, but subject to paragraphs 8 and 9 of the Lands Chapter, no real or personal property of the Tla’amin Nation or a Tla’amin Public Institution is subject to seizure or sale under a writ of execution, order for sale or other process without leave of the Supreme Court of British Columbia, and the court, in granting or refusing leave under this clause, may:
a. permit the issuance of the writ, make the order or allow the other process at a time and on conditions the court considers proper; or
b. refuse to permit the writ to be issued or suspend action under it, or deny the order or other process, on terms and conditions the court considers proper or expedient.
193. In determining how it will proceed under paragraph 192 the court will have regard to:
a. any reputed insolvency of the Tla’amin Nation;
b. any security afforded to the judgment creditor by the registration of the judgment;
c. the delivery of programs or services by the Tla’amin Nation that are not provided by municipalities in British Columbia and the funding of those programs or services;
d. the immunities from seizure of assets of the Tla’amin Nation under this Agreement; and
e. whether the judgment creditor has exhausted all other remedies, including the seizure of personal property and remedies against Other Tla’amin Lands.