Tla'amin Final Agreement Act

Contents
	1-3	Not in force
	4	Authorization to sign Tla'amin Final Agreement
	5-17	Not in force
	18	Retroactive effect of Chapters 22 and 23
	12-27	Consequential and Related Amendments
	28	Commencement

Preamble

WHEREAS the recognition and reconciliation of the prior presence of Aboriginal peoples and the assertion of sovereignty by the Crown is of significant social and economic importance to all British Columbians;

AND WHEREAS Canadian courts have stated that this reconciliation is best achieved through negotiation and agreement, rather than through litigation;

AND WHEREAS, in order to achieve this reconciliation, representatives of the Tla'amin Nation, Canada and British Columbia have negotiated the Tla'amin Final Agreement in a process facilitated by the British Columbia Treaty Commission;

AND WHEREAS British Columbia is building a New Relationship with First Nations and working to close the social and economic gaps that exist between Aboriginal and non-Aboriginal people;

AND WHEREAS the Tla'amin Final Agreement embodies the principles of this New Relationship, including mutual respect, recognition and reconciliation of Aboriginal rights and title;

AND WHEREAS the Tla'amin Final Agreement requires that British Columbia enact legislation to give effect to the Tla'amin Final Agreement;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Not in force

1-3 [Not in force.]

Authorization to sign Tla'amin Final Agreement

4 The Lieutenant Governor in Council may authorize a member of the Executive Council to sign the Tla'amin Final Agreement.

Not in force

5-17 [Not in force.]

Retroactive effect of Chapters 22 and 23

18 ( 1) For the purposes of determining the eligibility of individuals for enrolment under the Tla'amin Final Agreement, enrolling individuals under the Tla'amin Final Agreement and ratifying that agreement by the Tla'amin Nation,

( a) Chapters 22 [Eligibility and Enrolment] and 23 [Ratification] of that agreement are conclusively deemed to have come into force on April 1, 2009 and are retroactive to the extent necessary to give them force and effect on and after that date,

( b) all things done that would have been validly done if Chapters 22 and 23 of the Tla'amin Final Agreement had been in force on April 1, 2009 are conclusively deemed to have been validly done, and

( c) a person, committee or board is conclusively deemed to have had since April 1, 2009 the powers, privileges and immunities the person, committee or board would have had if Chapters 22 and 23 of the Tla'amin Final Agreement had been in force on April 1, 2009.

( 2) Each of the following bodies, despite the Personal Information Protection Act, is conclusively deemed to have had, on and after April 1, 2009, lawful authority to collect, use and disclose personal information as necessary for determining the eligibility of individuals for enrolment under the Tla'amin Final Agreement, enrolling individuals under the Tla'amin Final Agreement and ratifying that agreement by the Tla'amin Nation, all in accordance with the processes required by that agreement:

( a) the Enrolment Committee established under paragraph 12 of Chapter 22 of the Tla'amin Final Agreement;

( b) the Enrolment Appeal Board established under paragraph 21 of Chapter 22 of the Tla'amin Final Agreement;

( c) the Ratification Committee established under paragraph 5 of Chapter 23 of the Tla'amin Final Agreement.

( 3) A body referred to in subsection (2) must comply with section 35 of the Personal Information Protection Act in relation to the personal information referred to in subsection (2) of this section as if the body were an organization as defined in that Act.

( 4) This section must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Commencement

28 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item	Column 1 Provisions of Act	Column 2 Commencement
1	Anything not elsewhere covered by this table	The date of Royal Assent
2	Sections 1 to 3	By regulation of the Lieutenant Governor in Council
3	Sections 5 to 17	By regulation of the Lieutenant Governor in Council
4	Sections 19 and 20	By regulation of the Lieutenant Governor in Council
5	Schedule except Chapters 22 and 23	By regulation of the Lieutenant Governor in Council
6	Schedule Chapters 22 and 23	April 1, 2009

B. The Tla'amin Nation asserts that it has used, occupied and governed its traditional territory from time immemorial;

C. The Tla'amin Nation has never entered into a treaty or land claims agreement with the Crown;

D. Section 35 of the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada and the courts have stated that aboriginal rights include aboriginal title;

E. The Tla'amin Nation's existing aboriginal rights are recognized and affirmed by the Constitution Act, 1982;

F. The courts have stated that reconciliation of the prior presence of aboriginal people and the assertion of sovereignty by the Crown is best achieved through negotiation and agreement rather than through litigation;

G. The Parties have negotiated this Agreement to provide a basis for this reconciliation and the establishment of a new relationship on a government-to-government basis;

H. The negotiations of this Agreement have been conducted in an atmosphere of mutual respect and openness;

I. The Parties have negotiated this Agreement under the British Columbia treaty process;

J. The Parties desire certainty in respect of the Tla'amin Nation's ownership and use of lands and resources, the Tla'amin Nation's law-making authority and the relationship of Federal Law, Provincial Law and Tla'amin Law;

K. The Parties have negotiated this Agreement to provide certainty by agreeing to the continuation of the Tla'amin Nation's existing aboriginal rights as treaty rights set out in this Agreement, rather than by extinguishment of those rights;

L. Tla'amin people are Coast Salish people who speak the Tla'amin language and who assert that their heritage, history and culture, including their language and religion, are tied to the lands and waters surrounding the northern Gulf of Georgia;

M. It is an important objective of the Tla'amin Nation to preserve, protect and enhance Tla'amin heritage, language and culture;

N. The Tla'amin Nation asserts that it has an inherent right to self-government, and the Government of Canada has negotiated self-government in this Agreement based on its policy that the inherent right to self-government is an existing aboriginal right within the meaning of section 35 of the Constitution Act, 1982; and

O. This Agreement provides for Tla'amin Government and sets out authorities exercisable by the Tla'amin Nation through Tla'amin Government;

1. An individual is eligible for enrolment under this Agreement where that individual:

b. is registered, or is eligible to be registered, on the Sliammon Indian Band list as of the day before the Effective Date;

c. was adopted as a Child under the laws recognized in Canada or by Tla'amin custom by an individual eligible for enrolment under subparagraphs 1.a, 1.b or 1.d;

d. is a descendant of an individual eligible for enrolment under subparagraphs 1.a, 1.b or 1.c; or

e. after the Effective Date, is accepted according to a community acceptance process set out in Tla'amin Law.

2. Notwithstanding subparagraph 1.d, where an individual having no aboriginal ancestry became a member of the Sliammon Indian Band prior to April 17, 1985 because of marriage to a Sliammon Indian Band member, and that individual subsequently has a Child with another individual having no Tla'amin ancestry, that Child will not be entitled to be enrolled.

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.

5. An individual described in subparagraphs 4.a or 4.b may apply to enroll under this Agreement and if their application is accepted that individual will, on or after the Effective Date and in accordance with paragraph 8:

b. where there is no enrolment procedure or registry under the other treaty or land claims agreement, not exercise or assert any rights as a beneficiary under the other treaty or land claims agreement.

6. An individual described in subparagraph 4.c may apply to enroll under this Agreement where:

a. prior to the Effective Date, that individual has applied to transfer to the Sliammon Indian Band and their application to transfer has been accepted by resolution of the Sliammon Indian Band council; or

b. on or after the Effective Date and in accordance with paragraph 9, that individual has indicated that they will request that they be removed from the Indian Act band list on which they are registered.

7. An individual described in paragraph 5 or 6 whose application has been accepted will be notified in writing by the Enrolment Committee, or by the Tla'amin Nation in accordance with subparagraph 37.a, that the individual has been conditionally enrolled.

8. Where an individual described in paragraph 5, whose application has been accepted, demonstrates that they have ceased receiving benefits or have withdrawn from enrolment under the other treaty or land claims agreement within 120 days of the later of:

b. receiving written notification of conditional enrolment by the Enrolment Committee, or by the Tla'amin Nation in accordance with subparagraph 37.a,

the Enrolment Committee, or the Tla'amin Nation in accordance with subparagraph 37.a, will add that individual's name to the Citizenship Register.

9. Notwithstanding subparagraph 4.c, where an individual described in paragraph 6, whose application has been accepted, demonstrates that they have requested in writing that they be removed from the Indian Act band list on which they were registered, within 120 days of the later of:

b. receiving written notification of conditional enrolment by the Enrolment Committee, or by the Tla'amin Nation in accordance with subparagraph 37.a,

the Enrolment Committee, or by the Tla'amin Nation in accordance with subparagraph 37.a, will add that individual's name to the Citizenship Register and the Tla'amin Nation will request that Canada change the individual's affiliation on the Indian Registry list and issue a new status card for the individual.

b. appeal a decision of the Enrolment Committee to the Enrolment Appeal Board; or

on their own behalf or on behalf of an individual whose affairs they have the legal authority to manage.

11. Each applicant, or individual who has the legal authority to manage the affairs of an applicant, has the burden of demonstrating that the applicant meets the eligibility criteria.

12. The Tla'amin Nation will establish the Enrolment Committee to be responsible for the enrolment process as set out in this Agreement.

13. The Tla'amin Nation will notify Canada and British Columbia of the names of the individuals appointed to the Enrolment Committee.

a. establish its enrolment procedures and set its time limits, including a time limit for making enrolment decisions;

b. publish its procedures and time limits, including the eligibility criteria and a list of the documentation and information required of each applicant in time for individuals to review before making their applications for enrolment;

c. take reasonable steps to notify individuals potentially eligible to be enrolled of the eligibility criteria and application procedures;

d. provide an application form to any individual who wishes to apply for enrolment;

e. receive enrolment applications, provide a confirmation of receipt to the applicant, consider and make a timely decision on each application based on the eligibility criteria, request further information if required, enroll the applicants who meet the eligibility criteria and maintain a record of those decisions;

f. establish and maintain the Citizenship Register and a list of the individuals conditionally enrolled under paragraph 7;

g. add names to, remove names from or amend names on the Citizenship Register in accordance with this Chapter and decisions of the Enrolment Appeal Board;

h. notify in writing each applicant and the Parties of its decision and, if enrolment is refused, provide written reasons;

i. provide information in relation to an applicant's enrolment application, in confidence, upon request to the Parties or the Enrolment Appeal Board;

j. unless otherwise provided in this Chapter, keep information provided by and about applicants confidential;

k. provide a copy of the Citizenship Register and a list of the individuals conditionally enrolled under paragraph 7, and any other relevant information requested, to the Ratification Committee in a timely manner;

l. provide a true copy of the Citizenship Register to the Parties upon request; and

15. Where the Enrolment Committee forms the opinion that an applicant will be refused enrolment, the Enrolment Committee will provide the applicant with a reasonable opportunity to present further information, in accordance with the enrolment procedures.

16. After a decision by the Enrolment Committee and before any appeal of that decision is commenced, the applicant may submit new information to the Enrolment Committee.

17. The Enrolment Committee may, before an appeal of a decision is commenced, vary, or rescind and remake, the decision on the basis of new information if it considers the decision was in error.

18. Subject to paragraph 17, a decision of the Enrolment Committee that is not appealed to the Enrolment Appeal Board will be final and binding.

19. Where the Enrolment Committee fails to decide upon an application for enrolment within the time established in its procedures, the application will be deemed to be refused and the deemed refusal will constitute grounds for appeal to the Enrolment Appeal Board.

20. Where a Tla'amin Citizen, or an individual having legal authority to manage the affairs of a Tla'amin Citizen, applies to have the Tla'amin Citizen's name removed from the Citizenship Register, the Enrolment Committee, or the Tla'amin Nation in accordance with subparagraph 37.b, will remove the Tla'amin Citizen's name and will notify the individual who made that application.

21. The Tla'amin Nation and Canada will establish the Enrolment Appeal Board at a date to be agreed to by the Parties.

22. The Enrolment Appeal Board will be comprised of two members appointed by the Tla'amin Nation and one member appointed by Canada.

23. A member of the Enrolment Committee may not sit as a member of the Enrolment Appeal Board.

a. establish its own procedures and time limits, including a time limit for making enrolment decisions;

c. consider and decide appeals under paragraph 25 and decide whether the appellant, or the applicant on behalf of whom the appellant appealed, will be enrolled;

d. conduct its hearings in public unless it determines in a particular case that there are reasons for confidentiality that outweigh the public interest in having an open hearing;

f. provide written reasons for its decisions to appellants, applicants and the Parties.

25. An applicant or a Party may appeal by written notice to the Enrolment Appeal Board:

a. any decision of the Enrolment Committee made under subparagraph 14.e or paragraph 17; or

a. require by summons any individual to appear before it as a witness and produce any relevant document in their possession;

b. direct a witness to answer on oath or solemn affirmation questions posed to the witness; and

c. re-hear an appeal that was completed before the Effective Date on the basis of:

ii. such other factors as the Enrolment Appeal Board considers relevant including its ability to exercise its powers under subparagraphs 26.a and 26.b.

27. A judge of the Provincial Court of British Columbia or other court of competent jurisdiction, on application by the Enrolment Appeal Board, may enforce a summons or direction made under paragraph 26.

28. Any individual appearing before the Enrolment Appeal Board may be represented by counsel or an agent.

29. No action lies or may be instituted against the Enrolment Appeal Board, or any member of the Enrolment Appeal Board, for anything said or done, or omitted to be said or done, in good faith in the performance, or intended performance, of a duty or in the exercise or intended exercise of a power under this Chapter.

30. Subject to subparagraph 26.c and paragraphs 31 to 34, all decisions of the Enrolment Appeal Board are final and binding.

31. An applicant or Party may apply to the Supreme Court of British Columbia to review and set aside a decision of the Enrolment Appeal Board, or any body established in accordance with subparagraph 37.a, on the grounds that the Enrolment Appeal Board or body:

a. acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;

d. based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

32. On an application for judicial review, the court may either dismiss the application or set aside the decision and refer the matter back to the Enrolment Appeal Board, or any body established in accordance with subparagraph 37.a, for determination in accordance with any directions that the court considers appropriate.

33. Where the Enrolment Appeal Board, or any body established in accordance with subparagraph 37.a, fails to hear or decide an appeal within a reasonable time, an applicant or Party may apply to the Supreme Court of British Columbia for an order directing the Enrolment Appeal Board or body to hear or decide the appeal in accordance with any directions that the court considers appropriate.

34. An applicant or Party may apply for judicial review within 60 days of receiving notification of the decision of the Enrolment Appeal Board, or any body established in accordance with subparagraph 37.a, or a longer time where determined by the court.

35. Canada and British Columbia will provide agreed upon funding for the Enrolment Committee and Enrolment Appeal Board.

36. The Enrolment Committee and the Enrolment Appeal Board will be dissolved when they have rendered decisions on those applications or appeals commenced before the Effective Date.

37. Subject to paragraph 36, as of the Effective Date, the Tla'amin Nation will:

a. be responsible for an enrolment process, including the application of the eligibility criteria, and the administrative costs of that process;

c. provide a copy of the Citizenship Register to Canada and British Columbia each year, or as they request, without cost; and

d. provide information concerning enrolment to Canada and British Columbia as they request, without cost.

38. On dissolution, the Enrolment Committee and the Enrolment Appeal Board will provide their records to the Tla'amin Nation and, upon request, to Canada and to British Columbia.

1. This Agreement will be submitted to the Parties for ratification after it has been initialed by the chief negotiators for the Parties.

2. This Agreement is legally binding once it has been ratified and brought into effect in accordance with this Chapter.

c. that at least fifty percent plus one of Eligible Voters on the final Official Voters List vote in favour of this Agreement;

d. ratification of the Tla'amin Constitution through the process set out in paragraph 4; and

e. that this Agreement be signed by an authorized representative of the Tla'amin Nation.

a. that Tla'amin People have a reasonable opportunity to review the Tla'amin Constitution;

b. a vote, by way of a secret ballot on or before the date of the vote on this Agreement; and

c. that at least fifty percent plus one of Eligible Voters on the final Official Voters List vote in favour of the Tla'amin Constitution.

6. The Ratification Committee will be comprised of three members and will include a representative of the Tla'amin Nation, a representative of Canada and a representative of British Columbia.

b. take reasonable steps to provide an opportunity for Tla'amin People to review the Tla'amin Constitution and this Agreement;

c. prepare and publish a preliminary list of voters for each of the Ratification Votes based on the information provided by the Enrolment Committee under subparagraph 14.k of the Eligibility and Enrolment Chapter;

d. prepare and publish an Official Voters List for each of the Ratification Votes based on the preliminary list of voters prepared under subparagraph 7.c by:

i. determining whether each individual whose name is provided to it by the Enrolment Committee is eligible to vote under paragraph 8; and

ii. including on the Official Voters List the name of each individual whom the Ratification Committee determines to be eligible to vote under subparagraph 7.d.i;

i. at any time before the close of polls on the last voting day, adding to the Official Voters List:

(1) the name of each individual whose name has been removed under subparagraph 7.e.ii(1) and who has provided contact information to the Tla'amin Nation or the Ratification Committee;

(2) the name of each individual whom the Ratification Committee determines to be eligible to vote under paragraph 8; and

(3) the name of each individual who casts a ballot under paragraph 9 and whose ballot is counted under paragraph 10; and

(1) the name of each individual who the Tla'amin Nation has made a specific request to the Ratification Committee before the close of polls on the last voting day for removal from the Official Voters List due to an inability to contact that individual provided that the Tla'amin Nation provides documentation of the steps taken to contact the individual and the Ratification Committee is satisfied that those steps are reasonable;

(2) the name of each individual who did not vote in the Ratification Vote and who provides, within seven days of the last scheduled day of voting in the Ratification Vote, certification by a qualified medical practitioner that the individual was physically or mentally incapacitated to the point that they could not have voted on the dates set for general voting; and

(3) the name of each individual who died on or before the last voting day without having voted in the Ratification Vote; and

f. approve the form and content of the ballots before each of the Ratification Votes commences;

g. authorize and provide general direction to voting officers, including the establishment of polling stations and rules that may include advance polling and mail-in ballots;

h. ensure that the dates of each of the Ratification Votes and the location of the polling stations are made public;

i. conduct each of the Ratification Votes on a day or days determined by the Ratification Committee;

j. make public the results of each of the Ratification Votes immediately following the Ratification Vote count; and

k. prepare and provide to the Parties a written report on the outcome of the Ratification Vote within 90 days following the last day of each of the Ratification Votes.

8. An individual is eligible to vote in a Ratification Vote where the individual is:

a. enrolled or conditionally enrolled in accordance with the Eligibility and Enrolment Chapter; and

b. at least 18 years of age on the last scheduled day of voting in that Ratification Vote.

9. An individual whose name is not included on the Official Voters List may vote where:

a. the Enrolment Committee provides a voting officer with confirmation that the individual submitted a completed enrolment application form to the Enrolment Committee; and

b. the individual provides evidence satisfactory to a voting officer that the individual is at least 18 years of age on the last scheduled day of voting in that Ratification Vote.

10. The ballot of an individual described under paragraph 9 will be counted in the Ratification Vote only where the Enrolment Committee notifies the Ratification Committee that the individual meets the eligibility criteria to be enrolled or conditionally enrolled in accordance with the Eligibility and Enrolment Chapter within a time frame established by the Ratification Committee.

11. Canada and British Columbia will provide agreed upon funding for the Ratification Committee.

b. the coming into force of Provincial Settlement Legislation giving effect to this Agreement.

13. British Columbia will Consult with the Tla'amin Nation on the development of Provincial Settlement Legislation.

b. the coming into force of Federal Settlement Legislation giving effect to this Agreement.

15. Canada will Consult with the Tla'amin Nation on the development of Federal Settlement Legislation.

Section(s)		Affected Act
21		Land Act
22-24		Land Title Act
25		Local Government Act
26		Maa-nulth First Nations Final Agreement Act
27		Yale First Nation Final Agreement Act

This archived statute consolidation is current to May 31, 2013 and includes changes enacted and in force by that date. For the most current information, click here.
This Act has "Not in Force" sections. See the Table of Legislative Changes.