Explanatory Note

This Bill

• enacts the Maa‑nulth First Nations Final Agreement Act to satisfy British Columbia's obligation under the Maa‑nulth First Nations Final Agreement to enact settlement legislation giving effect to and ratifying that agreement;
• amends the Final Agreement Consequential Amendments Act, 2007 to make consequential amendments to 10 Acts that are necessary or related to giving effect to the Maa‑nulth First Nations Final Agreement Act;
• amends the Treaty First Nation Taxation Act to add the Hospital District Act to the list of Acts in relation to which, if a taxing treaty first nation imposes a tax specific to taxes under them, the taxing treaty first nation must use the same tax base and rates as were applied to determine the amount of tax required from the treaty lands, and is consequential to the Maa‑nulth First Nations being subject to the Hospital District Act.

BILL 45 – 2007
MAA-NULTH FIRST NATIONS FINAL AGREEMENT ACT

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 Maa‑nulth First Nations, Canada and British Columbia have negotiated the Maa‑nulth First Nations 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 Maa‑nulth First Nations Final Agreement embodies the principles of this New Relationship, including mutual respect, recognition and reconciliation of Aboriginal rights and title;

AND WHEREAS the Maa‑nulth First Nations Final Agreement requires that British Columbia enact legislation to give effect to the Maa‑nulth First Nations 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:

Definitions

1  (1) In this Act, "Maa‑nulth First Nations Final Agreement" means the Maa‑nulth First Nations Final Agreement among the Maa‑nulth First Nations, Her Majesty the Queen in right of Canada and Her Majesty the Queen in right of British Columbia set out in the Schedule, and includes

(a) that agreement as it is given effect by an Act of Canada, and

(b) amendments to that agreement made in accordance with it.

(2) Words and expressions used in this Act have the same meanings as they have in the Maa‑nulth First Nations Final Agreement, unless the context requires otherwise.

Treaty and land claims agreement

2  The Maa‑nulth First Nations Final Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Maa‑nulth First Nations Final Agreement

3  (1) The Maa‑nulth First Nations Final Agreement is approved, given effect and declared valid and has the force of law.

(2) Without limiting subsection (1), a person or body

(a) has the powers, rights, privileges and benefits conferred, and

(b) must perform the duties and is subject to the liabilities imposed

on the person or body by the Maa‑nulth First Nations Final Agreement.

(3) Nothing in this Act that provides for a matter that is already provided for in the Maa‑nulth First Nations Final Agreement in any way limits this section.

Authorization to sign Maa‑nulth First Nations Final Agreement

4  The Lieutenant Governor in Council may authorize a member of the Executive Council to sign the Maa‑nulth First Nations Final Agreement.

Maa‑nulth First Nations Final Agreement binding and can be relied on

5  The Maa‑nulth First Nations Final Agreement is binding on, and can be relied on by, all persons.

Relationship between final agreement and legislation

6  (1) As set out in section 1.8.1 of Chapter 1 [General Provisions] of the Maa‑nulth First Nations Final Agreement, the Maa‑nulth First Nations Final Agreement prevails to the extent of an inconsistency or a Conflict with Provincial Law.

(2) As set out in section 1.8.2 of Chapter 1 [General Provisions] of the Maa‑nulth First Nations Final Agreement, Provincial Settlement Legislation prevails over other Provincial Law to the extent of a Conflict.

Maa‑nulth First Nations' ownership of lands

7  (1) In this section, "estate in fee simple" means the estate in fee simple within the meaning of the Maa‑nulth First Nations Final Agreement.

(2) On the Effective Date,

(a) each Maa‑nulth First Nation owns the estate in fee simple in the Maa‑nulth First Nation Lands as identified for the Maa‑nulth First Nation in section 2.1.1 of Chapter 2 [Lands], and

(b) the Ucluelet First Nation owns the estate in fee simple in the Other
Maa‑nulth First Nation Lands as identified in section 2.2.1 of that chapter.

Judicial or administrative proceedings

8  (1) As provided in section 25.13.1 of Chapter 25 [Dispute Resolution] of the
Maa‑nulth First Nations Final Agreement, if, in any judicial or administrative proceeding, an issue arises in respect of

(a) the interpretation or validity of the Maa‑nulth First Nations Final Agreement, or

(b) the validity or applicability of Settlement Legislation or a Maa‑nulth First Nation Law,

the issue must not be decided until the party raising the issue has properly served notice on the Attorney General of British Columbia, the Attorney General of Canada and the applicable Maa‑nulth First Nation.

(2) The notice required under subsection (1) must

(a) describe the judicial or administrative proceeding in which the issue arises,

(b) state whether the issue arises in respect of the matters referred to in subsection (1) (a) or (b) or both,

(c) state the day on which the issue is to be argued,

(d) give particulars necessary to show the point to be argued, and

(e) be served at least 14 days before the day of argument unless the court or tribunal authorizes a shorter notice.

(3) As provided in section 25.13.2 of Chapter 25 [Dispute Resolution] of the
Maa‑nulth First Nations Final Agreement, in a judicial or administrative proceeding to which subsection (1) applies, the Attorney General of British Columbia, the Attorney General of Canada and the applicable Maa‑nulth First Nation may appear and participate in the proceeding as parties with the same rights as any other party to the proceeding.

Maa‑nulth First Nations participation
in regional hospital district

9  (1) Until a Maa‑nulth First Nation is a member of a regional district, the residents of the Maa‑nulth First Nation Lands of the Maa‑nulth First Nation, and individuals who would be non-resident property electors, as defined in the Local Government Act, if those lands were in an electoral area, may participate in a regional hospital district, subject to the letters patent of the regional hospital district, as if those treaty lands were in the electoral area in which those residents and individuals are eligible to vote under section 795.43 of the Local Government Act.

(2) A Maa‑nulth First Nation that is a member of a regional district in relation to all or a portion of its Maa‑nulth First Nation Lands must participate in a regional hospital district as a member in respect of those Maa‑nulth First Nation Lands that, in whole or in part, are within both the regional district and the regional hospital district.

Authorization to enter into agreements

10  The Lieutenant Governor in Council may authorize a member of the Executive Council to enter into, on behalf of Her Majesty the Queen in right of British Columbia, an agreement that is contemplated by the Maa‑nulth First Nations Final Agreement.

Tax Treatment Agreement

11  (1) In this section, "Tax Treatment Agreement" means the tax treatment agreement referred to in sections 19.6.1 and 19.6.2 of Chapter 19 [Taxation] of the
Maa‑nulth First Nations Final Agreement, substantially in the form tabled in the Legislative Assembly on the date this Act receives First Reading.

(2) The Tax Treatment Agreement

(a) is approved, given effect and declared valid, and

(b) has the force of law during the period it is in effect.

(3) The minister charged with the administration of the Financial Administration Act is authorized to enter into the Tax Treatment Agreement on behalf of Her Majesty the Queen in right of British Columbia.

(4) As provided in section 1.15.2 of Chapter 1 [General Provisions] of the
Maa‑nulth First Nations Final Agreement, the Tax Treatment Agreement does not form part of the Maa‑nulth First Nations Final Agreement and is not a treaty or land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982.

(5) The minister charged with the administration of this Act must publish the Tax Treatment Agreement in the Gazette.

Harvest Agreement

12  (1) In this section, "Harvest Agreement" means the Maa‑nulth Harvest Agreement referred to in section 10.2.1 of Chapter 10 [Fisheries] of the Maa‑nulth First Nations Final Agreement, substantially in the form tabled in the Legislative Assembly on the date this Act receives First Reading.

(2) The minister charged with the administration of the Fisheries Act has the authority to enter into the Harvest Agreement on behalf of Her Majesty the Queen in right of British Columbia.

(3) As provided in section 1.15.2 of Chapter 1 [General Provisions] of the
Maa‑nulth First Nations Final Agreement, the Harvest Agreement does not form part of the Maa‑nulth First Nations Final Agreement and is not a treaty or land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982.

(4) The minister charged with the administration of this Act must publish the Harvest Agreement in the Gazette.

Harvest documents

13  The minister charged with the administration of the Wildlife Act has the authority to issue and amend licences, permits or other documents in respect of the Maa‑nulth First Nation Fishing Right for the purposes of and in accordance with sections 10.4.30 to 10.4.38 of Chapter 10 [Fisheries] of the Maa‑nulth First Nations Final Agreement.

Collection of personal information

14  (1) In this section, "personal information" and "public body" have the same meanings as in the Freedom of Information and Protection of Privacy Act.

(2) A public body may collect personal information by a method authorized under the Maa‑nulth First Nations Final Agreement.

Application of Municipal Finance Authority Act

15  The Municipal Finance Authority Act does not apply in relation to Maa‑nulth First Nation Lands.

Retroactive effect of Chapters 26 and 28

16  (1) For the purposes of determining the eligibility of individuals for enrolment under the Maa‑nulth First Nations Final Agreement, enrolling individuals under the Maa‑nulth First Nations Final Agreement and ratifying that agreement by the Maa‑nulth First Nations,

(a) Chapters 26 [Eligibility and Enrolment] and 28 [Ratification] of that agreement are conclusively deemed to have come into force on
December 9, 2006 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 26 and 28 of the Maa‑nulth First Nations Final Agreement had been in force on December 9, 2006 are conclusively deemed to have been validly done, and

(c) a person, committee or board is conclusively deemed to have had since December 9, 2006 the powers, privileges and immunities the person, committee or board would have had if Chapters 26 and 28 of the
Maa‑nulth First Nations Final Agreement had been in force on December 9, 2006.

(2) Each of the following bodies, despite the Personal Information Protection Act, is conclusively deemed to have had, on and after December 9, 2006, lawful authority to collect, use and disclose personal information as necessary for determining the eligibility of individuals for enrolment under the Maa‑nulth First Nations Final Agreement, enrolling individuals under the Maa‑nulth First Nations Final Agreement and ratifying that agreement by the Maa‑nulth First Nations, all in accordance with the processes required by that agreement:

(a) the enrolment committee established under section 26.4.1 of Chapter 26 [Eligibility and Enrolment] of the Maa‑nulth First Nations Final Agreement;

(b) the ratification committee established under section 28.2.3 of Chapter 28 [Ratification] of the Maa‑nulth First Nations Final Agreement.

(3) A body referred to in subsection (2) of this section 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.

Power to make orders and regulations

17  The Lieutenant Governor in Council may make the orders and regulations that the Lieutenant Governor in Council considers necessary or advisable for the purpose of carrying out any provision of the Maa‑nulth First Nations Final Agreement.

Interim regulations

18  (1) Despite this or any other Act, after consulting with the Maa‑nulth First Nations, the Lieutenant Governor in Council may make regulations consistent with the Maa‑nulth First Nations Final Agreement as follows:

(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in this Act or another Act affected by the Maa‑nulth First Nations Final Agreement, an agreement contemplated by the Maa‑nulth First Nations Final Agreement or this Act;

(b) making provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of more effectively bringing into operation the Maa‑nulth First Nations Final Agreement, or an agreement contemplated by the Maa‑nulth First Nations Final Agreement, in accordance with its terms, including, without limitation, provisions giving authority to a person or body, or restricting the authority of a person or body, in accordance with that agreement;

(c) making provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in bringing into effect the Maa‑nulth First Nations Final Agreement, an agreement contemplated by the Maa‑nulth First Nations Final Agreement, this Act or an Act affected by the Maa‑nulth First Nations Final Agreement or other agreement, including, without limitation, provisions making an exception to or a modification of a provision in an Act or providing for the continued application of a previous enactment;

(d) resolving any errors, inconsistencies or ambiguities in this Act or another Act that arise in relation to the Maa‑nulth First Nations Final Agreement or an agreement contemplated by the Maa‑nulth First Nations Final Agreement.

(2) A regulation under subsection (1) may be made retroactive to a date not earlier than the Effective Date.

(3) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.

(4) A regulation under subsection (1) ceases to have effect at the end of the last day of the next session of the Legislative Assembly after the regulation is made.

(5) A regulation may not be made under subsection (1) if a regulation having the same effect has been made under that subsection.

(6) Regulations under subsection (1) may only be made

(a) in relation to a tax, for 2 years after the date on which the exemption from the tax for a Maa‑nulth-aht ends under section 19.5.1 a. or b. of Chapter 19 [Taxation] of the Maa‑nulth First Nations Final Agreement,

(b) in relation to the membership of a Maa‑nulth First Nation in a regional district, for 2 years after the Maa‑nulth First Nation becomes a member of the regional district, and

(c) in relation to any other matter, for 2 years after the Effective Date.

Consequential Amendments to the
Final Agreement Consequential Amendments Act, 2007

19 The Final Agreement Consequential Amendments Act, 2007 is amended by adding the following sections in numerical order under the Adoption Act heading:

3.1 Section 63 (1) is amended by adding the following paragraph:

(c) if the adoption occurred under a law of a treaty first nation and a notice has been provided by the treaty first nation under section 12.1 of the Vital Statistics Act in respect of that adoption, that notice.

3.2 Section 64 (1) is amended by adding the following paragraph:

(d) if the adoption occurred under a law of a treaty first nation and a notice has been provided by the treaty first nation under section 12.1 of the Vital Statistics Act in respect of that adoption, that notice.

3.3 Section 71 is amended

(a) in subsection (1) by striking out "under section 63 or 64 may" and substituting "under section 63 or 64 or who was adopted under a law of a treaty first nation", and

(b) in subsections (3) and (5) by striking out "under this Act or any predecessor to this Act," and substituting "under this Act, any predecessor to this Act or a law of a treaty first nation,".

20 The following section is added in numerical order under the Evidence Act heading:

61.1 Section 24.1, as enacted by section 61 of the Final Agreement Consequential Amendments Act, 2007, is amended

(a) in subsection (1) by striking out "of a treaty first nation." and substituting "of a treaty first nation or the Nisga'a Nation.", and

(b) by adding the following subsection:

(3) A document purporting to be a copy of a Nisga'a law that has been published in the manner required under the Nisga'a Final Agreement must be admitted in evidence as proof of the law and its enactment.

21 The following sections are added:

Forest Act

64.1 Section 48 of the Forest Act, R.S.B.C. 1996, c. 157, is amended

(a) in subsection (1) by striking out "and" at the end of paragraph (f), by adding ", and" at the end of paragraph (g) and by adding the following paragraph:

(h) a treaty first nation that has entered into an agreement with British Columbia, in accordance with its final agreement, for the harvesting of types of timber specified in the final agreement. , and

(b) by adding the following subsection:

(4) Subsection (2) does not apply in relation to a treaty first nation referred to in subsection (1) (h) to the extent its application would be inconsistent with the final agreement or the agreement referred to in subsection (1) (h).

64.2 Section 49 is amended

(a) in subsection (1) by striking out "with a person qualified under section 48." and substituting "with a person or treaty first nation qualified under section 48.",

(b) by adding the following subsection:

(2.2) Despite subsection (2), a free use permit entered into with a treaty first nation

(a) must be for a term not exceeding 5 years,

(b) must give the treaty first nation the right to harvest

(i) the type of timber specified in the final agreement from an area of Crown land for the purposes specified in that final agreement, and

(ii) the amount of timber specified in the agreement referred to in section 48 (1) (h) for each year of the term,

(c) may contain terms and conditions, consistent with

(i) this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts,

(ii) the final agreement of the treaty first nation, and

(iii) the agreement referred to in section 48 (1) (h),

determined by the district manager or forest officer, and

(d) is subject to subsection (2) (d) and (e). , and

(c) by repealing subsection (3) and substituting the following:

(3) The person or treaty first nation

(a) in respect of which a decision is made under subsection (2) or (2.2) (d), or

(b) in respect of which a decision is made under subsection (2) or (2.2) (d) relating to the free use permit to which the person or treaty first nation is a party,

may require a review of the decision by the regional manager and the decision of the regional manager is final and binding.

22 The following section is added in numerical order under the Gas Utility Act heading:

65.1 Section 2 (3) (c) (iii), as enacted by section 65 of the Final Agreement Consequential Amendments Act, 2007, is repealed and the following substituted:

(iii) in treaty lands, as applicable under the final agreement,

(A) on the conditions the treaty first nation and gas utility agree to,

(B) on notice to the treaty first nation, or

(C) if, on receiving notice under clause (B), a work plan is required by the treaty first nation, as set out in a work plan approved by the treaty first nation.

23 The following section is added immediately under the Hospital District Act heading:

96.1 Section 1 of the Hospital District Act, R.S.B.C. 1996, c. 202, is amended

(a) by repealing the definitions of "member" and "municipality" and substituting the following:

"member" means

(a) a municipality,

(b) an electoral area, including any treaty lands of a treaty first nation to which both of the following apply:

(i) the residents are eligible to vote for the electoral area's director;

(ii) individuals who would qualify as non-resident property electors if the treaty lands were in the electoral area are eligible to vote for the electoral area's director,

(c) a treaty first nation that is a member of a regional district, or

(d) a rural area not referred to in paragraph (b) or (c),

and designated as a member by letters patent; , and

(b) by adding the following definition:

"non-resident property elector" has the same meaning as in the Local Government Act; .

24 Section 97 is amended by striking out "of the Hospital District Act, R.S.B.C. 1996, c. 202,".

25 The following sections are added in numerical order under the Hospital District Act heading:

97.1 Section 3 is amended

(a) in subsection (1) by adding the following paragraph:

(e.1) if the membership of a treaty first nation relates only to a portion of the treaty lands of the treaty first nation, the boundaries of treaty lands included; ,

(b) in subsection (1) (j) (iii) by striking out "not within the definition "municipality"",

(c) in subsection (1) (j) by adding the following subparagraph:

(iii.1) a treaty first nation, , and

(d) by adding the following subsection:

(3) If

(a) a treaty first nation is a member of a regional district in relation to all or a portion of its treaty lands, and

(b) all or a portion of the treaty lands are within the boundaries of both the regional district and a regional hospital district,

whether or not the boundaries of the regional district and the regional hospital district are coextensive, effective on the date the treaty first nation becomes a member of the regional district, the letters patent of the regional hospital district are deemed amended to designate the treaty first nation as a member and to describe the boundaries of its treaty lands that are within the boundaries of both the regional district and the regional hospital district.

97.2 Section 4 (1) is amended by striking out "all the municipalities and electoral areas" and substituting "all the municipalities, electoral areas and treaty lands".

97.3 Section 8 (3) is amended by striking out " the municipalities within" and substituting "the municipalities and treaty first nation members within".

97.4 Section 11 is amended

(a) in subsection (1) by striking out "the council or the trustees of a member municipality may appoint a member of the council or a trustee as an alternate director" and substituting "the council of a member municipality or the governing body of a treaty first nation member may appoint a member of the council or the governing body as an alternate director",

(b) in subsection (2) by striking out "representing a member municipality" and substituting "representing a member municipality or treaty first nation member" and by striking out "the council or the trustees" and substituting "the council or the governing body", and

(c) in subsection (3) by striking out "the council or the trustees" and substituting "the council or the governing body".

97.5 Section 20 (1) (c) is amended by striking out "or any improvement district not within the definition "municipality"," and substituting "or any improvement district, or any treaty first nation member," and by striking out "to a municipality, improvement district or" and substituting "to a municipality, improvement district, treaty first nation or".

97.6 Section 23 (6) is repealed and the following substituted:

(6) On or before April 15 in each year, the minister must send to each board a notice setting out for the current year the net taxable value of all land and improvements in

(a) each member municipality,

(b) if all or a portion of the treaty lands of a taxing treaty first nation are within the boundaries of the district, all or the portion of those treaty lands, and

(c) the rural area in the district, excluding any rural area described in paragraph (b).

97.7 Section 24 is repealed and the following substituted:

Apportionment of costs

24  (1) Except as otherwise specified in the letters patent, the secretary must apportion the amount required under the annual budget among the member municipalities, treaty lands of taxing treaty first nations and other rural areas in the district on the basis of the net taxable values of land or improvements in each for the current year, determined by

(a) excluding property taxable for school purposes only by special Act, and

(b) applying a uniform rate to each class of property throughout the district.

(2) The amount apportioned under subsection (1) must be raised by sending requisitions in accordance with section 25.

(3) Except as otherwise specified in the letters patent, the amount apportioned under subsection (1) to member municipalities and the rural area of the district, excluding the treaty lands of taxing treaty first nations, must be raised by taxation at a uniform rate for each class of property throughout those municipalities and that rural area.

97.8 Section 25 is amended

(a) in subsection (1) by striking out everything after "send to" and substituting the following:

(a) each member municipality a requisition stating the amount required of that member municipality, and

(b) each taxing treaty first nation a requisition stating the amount required of that taxing treaty first nation and the rates applied to the net taxable value of land and improvements in the treaty lands or applicable portion of those treaty lands to determine that amount. ,

(b) by repealing subsections (2) and (3) and substituting the following:

(2) All amounts requisitioned under subsection (1) are a debt due by the member municipality or the taxing treaty first nation to the district, and the council of that member municipality or the governing body of that taxing treaty first nation must pay that debt to the board on or before August 1 in the current year.

(3) In the case of each member of the district referred to in paragraph (b) or (d) of the definition of "member" in section 1, or a member referred to in paragraph (c) of that definition that is not a taxing treaty first nation, the secretary of the district must, after receiving a notice under section 23 (6), transmit to the Minister of Finance, on or before April 20, a requisition stating the amount required of that member, and a copy of the requisition must be sent to the directors representing the rural area in the district. ,

(c) by repealing subsection (4) (b) and substituting the following:

(b) the uniform rates to be levied throughout the district to raise the amount referred to in paragraph (a), excluding amounts apportioned to a taxing treaty first nation;

(c) the rates that if applied to the net taxable value of land and improvements in the treaty lands, or applicable portion of those treaty lands, of a taxing treaty first nation would generate the amount requisitioned from the taxing treaty first nation under subsection (1). , and

(d) in subsection (5) by striking out "respective member municipalities" and substituting "respective member municipalities and taxing treaty first nations in the regional district".

97.9 Section 26 (2) is amended by striking out "All amounts requisitioned under section 25 must" and substituting "All amounts requisitioned under section 25, other than from a taxing treaty first nation, must".

99.1 Section 28.1 (1), (2), (4), (5), (8) and (9), as enacted by section 99 of the Final Agreement Consequential Amendments Act, 2007, is amended by striking out "purposes of assessment and taxation under this Act" and substituting "purposes of determining the amount of a requisition under section 25 (1) (b) and the rates under section 25 (4) (c)".

99.2 Section 29 is amended

(a) in subsection (1) by striking out "each part of the district that is" and substituting "each part of the district that is not" and by repealing paragraphs (a) and (b) and substituting the following:

(a) a municipality, or

(b) treaty lands of a taxing treaty first nation, , and

(b) in subsection (3) by striking out "in parts of districts not in a municipality," and substituting "in parts of districts not in a municipality or the treaty lands of a taxing treaty first nation,".

26 The following section is added in numerical order under the Interpretation Act heading:

104.1 Section 29.1 (1), as enacted by section 104 of the Final Agreement Consequential Amendments Act, 2007, is amended

(a) by repealing the definitions of "final agreement", "treaty first nation", "treaty first nation child" and "treaty lands" and substituting the following:

"final agreement", except in references to the Nisga'a Final Agreement, means

(a) the Tsawwassen First Nation Final Agreement, or

(b) the Maa‑nulth First Nations Final Agreement;

"treaty first nation" means

(a) the Tsawwassen First Nation or the Tsawwassen First Nation Government, as the context requires, or

(b) a Maa‑nulth First Nation or a Maa‑nulth First Nation Government, as the context requires;

"treaty first nation child", as provided by the applicable final agreement, means

(a) a treaty first nation constituent who has not reached the age of majority, or

(b) a treaty first nation member who has not reached the age of majority;

"treaty lands"

(a) in relation to the Tsawwassen First Nation, means Tsawwassen Lands, including additions to Tsawwassen Lands made in accordance with the Tsawwassen Final Agreement, and

(b) in relation to a Maa‑nulth First Nation, means the Maa‑nulth First Nation Lands described for the Maa‑nulth First Nation in section 2.1.1 of Chapter 2 [Lands] of the Maa‑nulth First Nations Final Agreement, and includes additions to the Maa‑nulth First Nation Lands of that Maa‑nulth First Nation made in accordance with that final agreement. ,

(b) by adding the following definition:

"treaty first nation constituent", in relation to a treaty first nation, means an individual who is a citizen of the treaty first nation under the laws of the treaty first nation; , and

(c) in subsection (2) by striking out "a final agreement have the same meaning as in the final agreement." and substituting "a final agreement or settlement legislation specific to a treaty first nation have the same meaning as in the final agreement or settlement legislation, as applicable."

27 The following section is added in numerical order under the Local Government Act heading:

120.1 Division 3.1 of Part 24, as enacted by section 120 of the Final Agreement Consequential Amendments Act, 2007, is amended

(a) in section 795.1 (1) (h) by striking out "the land use plan of the treaty first nation," and substituting "the land use plan that has the same or similar purposes in relation to the treaty first nation's treaty lands as an official community plan has in relation to a municipality,",

(b) in section 795.12 by adding the following subsection:

(3) If the final agreement of a treaty first nation contemplates membership of a treaty first nation in a regional district but does not specify when the membership begins, the Lieutenant Governor in Council, on the request of the treaty first nation and after consulting with the affected regional district, may issue letters patent to

(a) include in the regional district the treaty first nation and all or the portion of the treaty lands of the treaty first nation, as contemplated by the final agreement, and

(b) subject to this Act, do everything necessary to enable that membership in a manner consistent with the final agreement. , and

(c) by adding the following sections:

Services to treaty lands outside regional district

795.42  (1) Section 796.1 (1) (a) and (4) (a) [consent required for services outside regional district] does not apply to the establishment and operation of a service in the treaty lands of a treaty first nation that are outside a regional district if the treaty first nation is a member of the regional district.

(2) If a service is provided both inside and outside the regional district to the treaty lands of a treaty first nation that is a member of the regional district, the treaty lands receiving the service must be treated as one participating area.

Non-member treaty first nation participation

795.43  (1) This section applies to a treaty first nation only if the treaty first nation's final agreement provides that residents of the treaty lands of the treaty first nation may vote in elections for electoral area directors.

(2) If a treaty first nation is not a member of any regional district, individuals who

(a) would have been qualified to vote in elections for an electoral area director prior to the effective date of the treaty first nation's final agreement, and

(b) after that date, would not be qualified to vote in those elections but for the provision of the final agreement referred to in subsection (1),

may continue to vote in electoral area director elections unless an order under subsection (3) provides otherwise.

(3) On the recommendation of the minister after consultation with the affected local government and the treaty first nation, the Lieutenant Governor in Council may specify, by order, for the purposes of voting in electoral area director elections, in which electoral area individuals may vote who would not qualify to vote in those elections but for the provision of the final agreement referred to in subsection (1).

(4) For the purposes of voting in elections referred to in this section,

(a) treaty lands are deemed to be within the applicable electoral area, and

(b) individuals referred to in subsection (2) or in an order under subsection (3) must be qualified to register as a resident elector or non-resident property elector in the applicable jurisdiction.

Foreshore agreements

795.5  (1) In this section, "foreshore agreement" means an agreement, respecting a specified area of foreshore,

(a) that the government is required to enter into with a treaty first nation under a final agreement, and

(b) under which the government delegates to the treaty first nation law-making authority, specified in the final agreement or in the agreement respecting the area of foreshore, exercisable within that area of foreshore.

(2) Within the area of foreshore specified in a foreshore agreement, the treaty first nation, subject to a regulation or order under subsection (6), may

(a) exercise law-making authority delegated to it under the foreshore agreement to the same extent, subject to the same conditions, requirements and restrictions, and using the same procedures, as a municipality may in exercising the law-making authority under this or another enactment, and

(b) enforce laws made under the foreshore agreement using the same enforcement powers and procedures under this or another enactment as are authorized in respect of the law-making authority for a municipality.

(3) If, under a foreshore agreement, a treaty first nation is provided with law-making authority that would otherwise be exercisable under this Act in the specified area of foreshore by a regional district, for the term of the foreshore agreement,

(a) the regional district may not

(i) exercise that law-making authority, or

(ii) enforce existing bylaws adopted under that law-making authority, and

(b) the bylaws of the regional district referred to in paragraph (a) (ii) do not apply in the specified area of foreshore except to the extent that under subsection (4) they are

(i) deemed to have been enacted, and

(ii) made enforceable

by the treaty first nation.

(4) If, on the date a foreshore agreement comes into effect, the treaty first nation has not enacted laws under a law-making authority delegated by the foreshore agreement, the bylaws of the regional district adopted under that law-making authority

(a) are deemed to have been enacted by the treaty first nation under the foreshore agreement,

(b) may be enforced by the treaty first nation to the same extent as they were enforceable by the regional district, and

(c) may be amended or repealed by the treaty first nation, subject to the same procedures, conditions, requirements and restrictions as was the regional district.

(5) The minister responsible for the Treaty Commission Act must publish foreshore agreements in the Gazette.

(6) The Lieutenant Governor in Council, by regulation, may authorize that either or both of the following may be done by foreshore agreement:

(a) the substitution of a procedure, condition, requirement or restriction specified in the regulation or order for a procedure, condition, requirement or restriction that applies to the exercise of the law-making or enforcement authority under this or another enactment, or the modification of such a procedure, condition, requirement or restriction;

(b) provide an exception for a treaty first nation from compliance with a procedure, condition, requirement or restriction referred to in paragraph (a), subject to the terms and conditions specified in the regulation or order.

(7) A regulation under subsection (6) may be different for different

(a) treaty first nations or classes of treaty first nations, or

(b) foreshore agreements or classes of foreshore agreements.

28 The following section is added:

Protected Areas of British Columbia Act

155.1 The Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended

(a) in Schedule A by repealing the description of Checleset Bay Ecological Reserve and substituting the following:

CHECLESET BAY ECOLOGICAL RESERVE

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Rupert District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 15 Tube 1983.

The whole ecological reserve containing approximately 33 568 hectares (487 hectares of upland and 33 081 hectares of foreshore). , and

(b) in Schedule C by repealing the descriptions of Big Bunsby Marine Park, Brooks Peninsula Park and Tahsish-Kwois Park and substituting the following:

BIG BUNSBY MARINE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Rupert District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 15 Tube 1982.

The whole park containing approximately 622 hectares (267 hectares of upland and 355 hectares of foreshore).

BROOKS PENINSULA PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Rupert District and UTM Zone 9 and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 1 Tube 1984.

The whole park containing approximately 39 944 hectares (36 005 hectares of upland and 3 939 hectares of foreshore).

TAHSISH-KWOIS PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Rupert District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 6 Tube 1984.

The whole park containing approximately 10 987 hectares (10 971 hectares of upland and 16 hectares of foreshore).

29 The following sections are added:

Vital Statistics Act

178.1 Section 12 of the Vital Statistics Act, R.S.B.C. 1996, c. 479, is amended

(a) by repealing subsection (1) and substituting the following:

(1) The chief executive officer must register an adoption on receipt of

(a) a copy of the order of adoption transmitted under the Adoption Act, or

(b) the notice of adoption given under section 12.1 of this Act. ,

(b) in subsection (2) by striking out "in the order of adoption." and substituting "in the order or notice of adoption.", and

(c) by repealing subsection (4) and substituting the following:

(4) If a person born outside British Columbia is adopted in British Columbia, the chief executive officer may transmit to the person who has charge of the registration of births in the province, state or country in which the person was born,

(a) for adoptions under the Adoption Act, a certified copy of the order of adoption, or

(b) for adoptions under a law of a treaty first nation, a copy of the notice of adoption under section 12.1 of this Act, if any.

178.2 The following section is added:

Notice of adoptions under treaty first nation laws

12.1  (1) If a treaty first nation makes a law in accordance with its final agreement providing for the adoption of children, the treaty first nation may give notice to the chief executive officer of an adoption occurring under that law.

(2) A notice under subsection (1) must be given in the form required by the chief executive officer.

178.3 Section 14 (1) is amended

(a) by striking out "laws of British Columbia" and substituting "laws of British Columbia, of a treaty first nation", and

(b) in paragraph (b) by striking out "in accordance with the Adoption Act," and substituting "in accordance with the Adoption Act or the notice under section 12.1 of this Act," .

Water Act

178.4 The Water Act, R.S.B.C. 1996, c. 483, is amended by adding the following section:

Treaty first nation water reservations

44.01  (1) If the final agreement of a treaty first nation describes a water reservation for purposes specified in the agreement, other than a power purpose, that British Columbia is required by the final agreement to establish in favour of the treaty first nation, the Lieutenant Governor in Council, by order, may establish that water reservation for those purposes.

(2) A water reservation established in favour of a treaty first nation under subsection (1) is deemed to be a water reservation under section 44 subject to the following:

(a) the water reserved by the water reservation may only be acquired for the purposes, and in the manner, contemplated by the treaty first nation's final agreement;

(b) section 44 (5) and (6) does not apply to that water reservation;

(c) section 44 (7) and (8) does not apply to the water reserved by that water reservation.

(3) Despite anything to the contrary in this Act, a water reservation established under subsection (1) for purposes authorized by the final agreement

(a) is deemed to have been established on the date specified in the final agreement as the reference date for the priority of the water reservation, and

(b) has priority for those purposes over water licences issued after that date in relation to the same stream, except water licences given priority by that final agreement.

Consequential Amendment to the
Treaty First Nation Taxation Act

30 Section 3 (4) of the Treaty First Nation Taxation Act is amended

(a) by renumbering paragraphs (d) to (f) as paragraphs (e) to (g), respectively, and

(b) by repealing paragraph (c) and substituting the following:

(c) the Hospital District Act;

(d) the Police Act, .

Commencement

31  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:

SCHEDULE

See PDF of the Maa-nulth First Nation Final Agreement: Agreement

 
Explanatory Note

This Bill

• enacts the Maa‑nulth First Nations Final Agreement Act to satisfy British Columbia's obligation under the Maa‑nulth First Nations Final Agreement to enact settlement legislation giving effect to and ratifying that agreement;
• amends the Final Agreement Consequential Amendments Act, 2007 to make consequential amendments to 10 Acts that are necessary or related to giving effect to the Maa‑nulth First Nations Final Agreement Act;
• amends the Treaty First Nation Taxation Act to add the Hospital District Act to the list of Acts in relation to which, if a taxing treaty first nation imposes a tax specific to taxes under them, the taxing treaty first nation must use the same tax base and rates as were applied to determine the amount of tax required from the treaty lands, and is consequential to the Maa‑nulth First Nations being subject to the Hospital District Act.