Northern Secwepemc te Qelmucw

AIP Chapter Summaries

By Jim Doswell, September 2013

TA

BL

E O

F CO

NT

EN

TS

1) P

re

am

ble

2) C

ha

pte

r 1

: De

fin

ition

s

3) C

ha

pte

r 2

: Ge

ne

ra

l Pr

ov

isio

ns

4) C

ha

pte

r 3

: La

nd

s

5) C

ha

pte

r 4

: La

nd

Title

6) C

ha

pte

r 5

: Su

bs

ur

fa

ce

7) C

ha

pte

r 6

: Ro

ad

s &

Co

rr

ido

rs

8) C

ha

pte

r 7

: Fo

re

st &

Ra

ng

e

9) C

ha

pte

r 8

. Ga

the

rin

g

10

) C

ha

pte

r 9

: Wa

ter

11

) C

ha

pte

r 1

0: S

ha

re

d D

ec

isio

n M

ak

ing

12

) C

ha

pte

r 1

1: E

nv

iro

nm

en

t

13

) C

ha

pte

r 1

2: P

ar

ks

& P

ro

tec

ted

Ar

ea

s

14

) C

ha

pte

r 1

3: W

ildlif

e

15

) C

ha

pte

r 1

4: M

igr

ato

ry B

ird

s

16

) C

ha

pte

r 1

5: A

cc

es

s

17

) C

ha

pte

r 1

6: C

ultu

ra

l & H

er

itag

e

18

) C

ha

pte

r 1

7: F

ish

19

) C

ha

pte

r 1

8: E

ligib

ility & E

nr

olm

en

t

20

) C

ha

pte

r 1

9: N

StQ

Go

ve

rn

me

nt

21

) C

ha

pte

r 2

0: G

ov

er

na

nc

e

22

) C

ha

pte

r 2

1 F

isc

al R

ela

tion

s

23

) C

ha

pte

r 2

2: T

axa

tion

24

) C

ha

pte

r 2

3: C

ap

ital T

ra

ns

fe

r

25

) C

ha

pte

r 2

4: A

pp

ro

va

l of

the

Ag

re

em

en

t in P

rin

cip

le

26

) C

ha

pte

r 2

5: R

atif

ica

tion

of

the

Fin

al A

gr

ee

me

nt

27

) C

ha

pte

r 2

6: T

ra

ns

ition

28

) C

ha

pte

r 2

7: D

isp

ute

Re

so

lutio

n

29

) C

ha

pte

r 2

8: Im

ple

me

nta

tion

PR

EA

MB

LE

W

hat is the purpose of the Pream

ble? The Pream

ble sets the tone and spirit of the relationship between the Parties in entering the A

IP and the Treaty. It provides the reasoning behind w

hy the Parties (NStQ

, Canada and British Columbia)

have come together to form

this new relationship and it describes their joint objectives in negotiating

and executing this agreement and the Treaty.

The principles agreed to in the AIP by the Parties form

s the basis for negotiating the NStQ

Treaty. W

hat does the Pream

ble do? The Pream

ble describes the Parties intention to negotiate an NStQ

Treaty. It states the Parties intend to negotiate a Treaty to provide a new

government-to-governm

ent relationship between N

StQ,

Canada and BC, based on reconciliation. The goal of negotiating the A

IP and Treaty is to seek certainty in respect of NStQ

s rights including ow

nership and use of lands and resources, as well as, N

StQs law

-making authority. It also explains

the relationship between Federal Law

, Provincial Law and N

StQ Law

. The Parties intend that the N

StQ Treaty w

ill provide for an NStQ

Governm

ent and will set out the

authorities exercisable by the NStQ

Governm

ent. Canada w

ill negotiate self-government in the N

StQ Treaty based on the policy that the inherent right

to self-government is an existing A

boriginal right within section 35 of the Constitution A

ct, 1982. The Constitution A

ct, 1982, will protect the treaty rights set out in the Treaty.

CH

AP

TE

R 1

: DE

FIN

ITIO

NS

W

hat is the purpose of this chapter? This chapter provides definitions of the w

ords and terms used throughout the A

IP. It is an important

chapter and will prove to be useful w

hen reading and understanding both the AIP and the Treaty.

Where a w

ord or term is capitalized (except w

ords that begin sentences), it is a defined term and its

definition can be found in this chapter. Som

e defined terms com

monly referred to throughout the A

IP:

x Effective D

ate means the date on w

hich the NStQ

Treaty takes effect.

x N

StQ Citizen m

eans an individual who is enrolled under the N

StQ Treaty in accordance w

ith the Eligibility and Enrolm

ent Chapter.

x N

StQ Constitution m

eans the constitution of the NStQ

provided for and ratified in accordance w

ith the NStQ

Treaty.

x N

StQ G

overnment m

eans the government of N

StQ as set out in the N

StQ G

overnment

Chapter and the NStQ

Constitution.

x N

StQ Institution m

eans the NStQ

Governm

ent or an NStQ

Public Institution.

x N

StQ Land m

eans those lands identified as NStQ

Land under paragraph 1 of the Lands Chapter.

x

NStQ

Law m

eans: x

a law m

ade under a law-m

aking authority set out in the NStQ

Treaty or any other agreement

that provides NStQ

with authority to m

ake laws; and

x the N

StQ Constitution;

x but does not include N

StQ custom

or traditional laws unless those law

s are enacted in accordance w

ith the NStQ

Treaty.

x N

StQ Section 35 Rights m

eans the rights, anywhere in Canada, of N

StQ that are recognized

and affirmed by section 35 of the Constitution A

ct, 1982.

x N

StQ Territory m

eans the area shown in A

ppendix A.

x

NStQ

Treaty means the agreem

ent between the N

StQ, Canada and British Colum

bia which

will be negotiated based on this A

greement.

CH

AP

TE

R 2

: GE

NE

RA

L P

RO

VIS

ION

S

What is the purpose of this chapter?

This chapter addresses practical and legal matters of how

the NStQ

Treaty will apply in Canada. It

explains the nature of the AIP, the nature of the N

StQ Treaty, how

the Treaty will affect N

StQ

Citizens, and its relationship with existing federal and provincial law

. This chapter is m

eant to provide clarity and applies to all other chapters if there is any provision in the Treaty that is inconsistent w

ith a provision in this chapter, the provision in this chapter prevails. It also gives rules of interpreting the language in the Treaty. W

hat does this chapter do? This chapter explains the nature of, and difference betw

een, the AIP and the N

StQ Treaty. The A

IP is the foundation for the Parties to begin negotiations, and such negotiations w

ill be based on the principles agreed to in the A

IP. The AIP is not legally binding on any of the Parties. The N

StQ Treaty

will be a treaty w

ithin the meaning of sections 25 and 35 of the Constitution A

ct, 1982 and will be

legally binding on the Parties. The Treaty w

ill become part of the law

in Canada. It will constitute the full and final settlem

ent in respect of any A

boriginal rights, including Aboriginal title, in Canada that N

StQ m

ay have, and will

exhaustively set out all NStQ

Section 35 Rights. By entering into the Treaty, NStQ

will release Canada

and BC from all claim

s or proceedings relating to the interference or infringement of any A

boriginal right, including A

boriginal title, of NStQ

. How

ever, NStQ

may still pursue claim

s in accordance with

Canadas Specific Claims Policy.

The rights and benefits provided under the NStQ

Treaty are vested in NStQ

and may be exercised by

NStQ

Citizens. How

ever, the NStQ

Treaty does not affect the ability of NStQ

Citizens to enjoy rights or benefits as other Canadian citizens or perm

anent residents of Canada. NStQ

remain A

boriginal people of Canada w

ithin the meaning of the Constitution A

ct, 1982. G

enerally, the Indian Act w

ill not apply to NStQ

or NStQ

Citizens (see the Transition Chapter for details). N

StQ Land w

ill not be Lands reserves for the Indians within the Constitution A

ct, 1867, and w

ill not be reserves as defined under the Indian Act.

The Treaty will give law

making authority to the N

StQ over several topics. This chapter explains the

relationship of laws betw

een federal, provincial and NStQ

law. It provides a process of how

the Treaty m

ay be amended, requires N

StQ to pursue any boundary discussions w

ith neighbouring First Nations,

sets out obligations and a process for how the Parties w

ill consult and negotiate with each other, and

requires the Parties to conduct periodic reviews of the Treaty.

CHAPTER 3: LAN

DS W

hat is the purpose of this chapter? This chapter defines N

StQ Land and confirm

s NStQ

will ow

n NStQ

Land in fee simple. U

nder Canadian law

, fee simple ow

nership is the largest and most com

plete interest in land that can be ow

ned. For AIP purposes, N

StQ Land w

ill comprise approxim

ately xxxxx hectares including lands w

hich are: former Indian reserve land, form

er provincial Crown land, and form

er provincial Crown

designated lands such as: conservancy lands, Class A park, and biodiversity areas.

What does this chapter do?

This chapter gives law m

aking authority to NStQ

with respect to N

StQ Land, including: the

managem

ent, planning, zoning and development of N

StQ Land; the creation, ow

nership and disposition of interests in N

StQ Land; expropriating lands for public purposes by N

StQ; and the

establishment and operation of an N

StQ Land title and land registry system

. It also allow

s NStQ

to make law

s to designate NStQ

Conservancy Land, and requires the Parties to negotiate provisions for N

StQ Park Land, and to discuss m

eans to ensure NStQ

Land designated as Biodiversity land is m

anaged under NStQ

Law according to appropriate standards. It also sets out a

process in the event NStQ

decides to develop a site identified in the Treaty as a potential Contam

inated Site. This chapter sets out conditions the Parties are to follow

in the event NStQ

wishes to rem

ove parcels of land from

, or add parcels of land to, NStQ

Land. It also sets out a process in the event NStQ

requests BC to transfer provincial Crow

n land or an interest in, to NStQ

for a public purpose. G

enerally, NStQ

Land will not be expropriated. H

owever, this chapter, in conjunction w

ith appendices, provides conditions upon w

hich a Provincial Expropriating Authority or a Federal

Expropriating Authority m

ay expropriate NStQ

Land. This chapter requires the Parties to address N

StQs jurisdiction over Subm

erged Lands before finalizing the Treaty, and identifies the extent to w

hich NStQ

will ow

n Submerged Lands (i.e. except

for submerged lands set out in appendix, they w

ill not form part of N

StQ Land).

This chapter also provides for the entering of a comm

ercial recreational mem

orandum of

understanding between N

StQ and BC for future com

mercial recreational developm

ent by the NStQ

.

CHAPTER 4: LAND TITLE What is the purpose of this chapter? The land title registration system is an important part of real property rights as it provides owners and purchasers of land and holders of interests in land (i.e. mortgage, right of way) to have certainty about their interests. This chapter addresses how the interests of NStQ Land (and its related land transactions) will be registered. Under this agreement, the Parties will discuss and agree on what land title or registry system will be used. What does this chapter do? This chapter provides the NStQ with a choice as to what land title registry system to incorporate. NStQ may create their own registry system or register NStQ Land in a provincial land title office under provincial law free of charge. The Treaty will provide that should NStQ wish to use a registry system other than that used by the provincial land title office, that registry system will provide substantially equivalent clarity, protection and security to third parties or interest holders as that provided under the provincial land title system.

C

HA

PT

ER

5: S

UB

SU

RF

AC

E

What is the purpose of this chapter?

The purpose of this chapter is to confirm N

StQs ow

nership of the Subsurface Resources on and under N

StQ Land. (See the D

efinitions chapter for a complete definition of Subsurface Resources)

What does this chapter do?

This chapter sets out the respective authority of NStQ

and BC over the Subsurface Resources located w

ithin NStQ

Land. N

StQ has the exclusive authority to approve and set fees, rents, royalties and other charges (except

taxes) for the exploration, development, extraction and production of Subsurface Resources on and

under NStQ

Land, except for existing tenures as listed in the Treaty. N

StQ and BC m

ay enter into agreements for the m

anagement and adm

inistration of Subsurface Resources ow

ned by NStQ

. NStQ

Land will be treated as private lands under provincial law

in relation to tenure holders of Subsurface Resources requiring access, occupation or use of an area of N

StQ

Land. This chapter provides a list of activities or topics w

hich the NStQ

may not m

ake laws on including (but

not limited to): nuclear energy; closures and abandonm

ent of mines; and Subsurface Resource tenures

that existed before the Treaty comes into effect (these tenures are listed in an A

ppendix). O

nce the Treaty is in effect, BC will keep the authority to adm

inister and issue authorizations for the Subsurface Resource tenures listed in the A

ppendix, and will notify N

StQ before changing any rents or

royalties applicable. A

ny interest earned on the rents or royalties of existing subsurface tenures will be paid to N

StQ, and

BC will keep any fees or charges associated w

ith administrative purposes.

NStQ

will not have authority over the existing Subsurface Resource tenures listed in the A

ppendix of the Treaty.

CH

AP

TE

R 6

: RO

AD

S &

CO

RR

IDO

RS

W

hat is the purpose of this chapter? The purpose of this chapter is to m

ake clear the respective authority of NStQ

and BC in relation to roads and Crow

n Corridors located within N

StQ Land, and sets out how

the Parties will w

ork together in the adm

inistration and managem

ent of such roads and corridors. W

hat does this chapter do? This chapter defines N

StQ Roads and Crow

n Corridors. NStQ

Roads are part of NStQ

Land, and therefore, are adm

inistered, controlled and maintained by N

StQ. The Treaty w

ill include an appendix designating N

StQ Roads, w

hich NStQ

may grant rights for the use of, and access to, such roads.

NStQ

may m

ake laws regarding the regulation of traffic and transportation on N

StQ Land.

Crown Corridors w

ill also be identified in an appendix to the Treaty. They do not form part of N

StQ

Land and are owned by BC. This chapter sets out how

BC and NStQ

will w

ork together in relation to Crow

n Corridors and NStQ

Roads. W

hat are the main points/exam

ples? G

enerally, NStQ

Roads will be open to the public; how

ever NStQ

has the power to tem

porarily close (for safety or cultural reasons) or perm

anently close (subject to giving notice to public and operators of Public U

tilities) an NStQ

Road. If BC decides it no longer requires any portion of a Crow

n Corridor, it will transfer the land to N

StQ,

which w

ill then become part of N

StQ Land.

BC and NStQ

may request to one another to have a portion of a Crow

n Corridor realigned onto NStQ

Land. G

enerally, in order to do the realignment, the location m

ust be reasonably suitable, both Parties m

ust reach agreement on the value of the land exchange, and the requesting Party m

ust pay all reasonable costs. BC is not to unreasonably refuse to undertake a realignm

ent requested by NStQ

. N

StQ m

ust consult with BC before developing N

StQ Land located adjacent to a Crow

n Corridor. BC has the authority to regulate m

atters relating to the access and safety of Crown Corridors,

including the location and design of intersecting NStQ

Roads (signs, merging lands, ram

ps, etc). NStQ

w

ill issue grants for Public Utility Rights of W

ay identified in the Treaty. In order for a Public Utility to

extend or locate and install new distribution or transm

ission works on N

StQ Land it m

ust get the prior w

ritten approval of NStQ

. NStQ

Law does not apply to the regulation of the business of a Public

Utility or its construction/m

aintenance of its works.

CHAPTER 7: FOREST & RANGE What is the purpose of this chapter? The purpose of this chapter is to confirm NStQs exclusive ownership over the Forest and Range Resources on NStQ Land. Resources means all timber and plants including all biota (does not include wildlife, migratory birds, water, fish or aquatic plants). What does this chapter do? This chapter allows NStQ to make laws for the collection, administration of fees, rents or other charges relating to harvesting Forest and Range Resources on NStQ Land (excluding timber marks, timber marking or scaling). It also allows NStQ to make laws with respect to Forest Resources and forest practices (including timber harvesting, road construction and use, etc) and range practices (including grazing of livestock, cutting hay, etc) on NStQ Land (standards must meet or exceed provincial forest standards applicable to private lands). What are the main points/examples? Timber resources harvested from NStQ Land will not be subject to any requirement under Provincial Law for use or manufacture in BC. This chapter provides for the Parties (NStQ, Canada, and BC) to enter into a Wildfire Suppression Agreement to determine how the costs incurred by BC for wildfire control on NStQ Land will be shared by all three Parties. NStQ will be responsible for one third of the costs. NStQ is not responsible for wildfires that do not start on NStQ Land. This chapter states if any of the Parties become aware of insects, diseases, invasive plants, animals or abiotic factors on Crown lands that may threaten the health of the Forest Resources. BC and NStQ will develop a co-operative response to minimize any impacts on Forest Resources on NStQ Land. It also requires BC and NStQ to share information and to make arrangements for the management and control of forest health on NStQ Land.

BC will ensure any agreement, plan or permit made under provincial legislation (Forest Act, Range Act) will no longer be valid on NStQ Land.

CHAPTER 8: GATHERING What is the purpose of this chapter? The purpose of this chapter is to confirm NStQs Right to Gather Plants for food, social and ceremonial purposes (including for the purpose of making household goods and apparel), and to set out NStQs ability to harvest Monumental Cedar and Cypress for Cultural Purposes. What does this chapter do? This chapter defines NStQs Right to Gather Plants. Generally, Plants includes all flora and fungi, excluding Aquatic Plants and Timber Resources (except for the bark, boughs, etc). This chapter states the Right to Gather Plants must be within the NStQ Plant Gathering Area, which will be set out as an appendix to the Treaty. This chapter allows NStQ to make laws to regulate the NStQ Right to Gather Plants, including: the distribution of gathered Plants among NStQ Citizens; conditions for how NStQ Citizens may exercise the right to gather Plants; trading or bartering of Plants and goods made from Plants; methods, timing and location of gathering; any conservation measures set by the Minister; and requiring NStQ Citizens to carry NStQ citizenship documentation. This chapter also considers the NStQs ability to harvest Monumental Cedar and Cypress within NStQ Territory for Cultural Purposes (i.e., xxxxx). It requires BC and NStQ to enter into a harvest agreement to identify an annual allocation to meet NStQs requirement for Cedar. What are the main points/examples? Generally, NStQ will not be required to have federal or provincial licenses, or pay any fees or royalties to Canada or BC when exercising the right to gather Plants. BC may sell provincial Crown land or provide access to a third party which may affect NStQs ability to exercise their right to gather Plants. If BC does so, it must not deny NStQ the reasonable opportunity to gather Plants under the Treaty, and will negotiate with NStQ to try to reach agreement to make a process to evaluate the impacts on NStQs reasonable opportunity to gather Plants. The Minister retains authority for Plants, including their management, conservation and habitat. For conservation, public health or public safety reasons, the Minister may require NStQ to prepare a Gathering Plan, which must be approved by the Minister.

CHAPTER 9: WATER What is the purpose of this chapter? This chapter confirms that the Treaty will not vest any proprietary interests in water. Any extraction or use of water and groundwater, or sale of water, must be carried out in accordance with federal and provincial law. The Treaty will ensure that NStQ has access to sufficient water for its needs. What does this chapter do? This chapter states the Treaty will include provisions with respect to water, including: access to water by NStQ for domestic, agricultural and industrial purposes as defined under

provincial law;

access to water by NStQ for hydro power purposes as defined under provincial law;

NStQs law-making authorities;

the relationship of NStQ Law and provincial law and federal law;

Available Flow;

water management; and

access to NStQ Land for non-NStQ persons who have legal interests in water.

CHAPTER 10: SHARED DECISION MAKING

Prior to the conclusion of the Treaty, the Parties will discuss cooperative approaches to land and resource decision-making and management of Crown land within NStQ Territory, including shared decision making and collaborative management. As part of that discussion, the Parties will review existing agreements, including the Coastal First Nations Reconciliation Protocol, and consider means to reflect these agreements in the Treaty or in related non-treaty agreements.

CHAPTER 11: ENVIRONMENT What is the purpose of this chapter? The purpose of this chapter is to recognize NStQs important role in protecting, preserving and conserving the environment, and to ensure that NStQ has significant participation in any environmental assessment process (both provincial and federal) for projects proposed on NStQ Land or on any land that may affect the ability to exercise the rights provided in the Treaty. What does this chapter do? This chapter lists the topic areas which NStQ may make laws for in relation to the environment. It also sets out the roles of the Parties in relation to NStQs participation in both provincial and federal environmental assessment processes. NStQ may make laws relating to: environmental assessments for projects that are not already subject to an environmental assessment under provincial law; the prevention, mitigation and remediation of pollution and degradation of the environment; waste management (including solid waste and sewage); protection of local air quality, and environmental emergency response. If NStQ makes laws for environmental assessments, it will negotiate and try to reach agreement with Canada to coordinate environmental assessment requirements and avoid duplication. Also, if NStQ makes laws for environmental assessments for NStQ Projects, the standards must meet or exceed the requirements of Canadas environmental assessment requirements. No federal or provincial project on NStQ Land will be approved without the consent of the NStQ. For projects proposed within NStQ Territory, or those that may impact NStQ Land or rights under the Treaty, Canada or BC must give timely notice and the necessary information to NStQ, and NStQ may decide whether it will participate in the environmental assessment process. If NStQ decides to participate in an environmental assessment process, it will give its comments, and before making a decision enabling the project to go forward, Canada or BC must consider NStQs comments.

CHAPTER 12: PARKS & PROTECTED AREAS What is the purpose of this chapter? The purpose of this chapter is to address lands that may be designated (under legislation) as parks or protected areas by either Canada or BC and make clarify NStQs role in the designations and ensure the designations do not negatively affect NStQs rights under the Treaty. What does this chapter do? This chapter requires Canada and BC to consult with NStQ when either Party decides to establish a new designation or makes changes to an existing one. It also states that when the Treaty takes effect, BC and NStQ will enter into an agreement to establish NStQ protected areas and provincial protected areas within NStQ Territory. The agreement will not form part of the Treaty and will address park planning, and management and operations. Provincial protected areas within NStQ Territory will respect NStQ burial sites, places of spiritual and ceremonial significance and historic and archaeological sites. What are the main points/examples? Generally, if there is a provincial protected area located wholly or partly within NStQ Territory, NStQ Citizens are allowed access to the area without having to pay any fees. BC will consult with NStQ before it establishes a new provincial area or wildlife management area, or makes any changes to existing areas that may affect the NStQ right to gather plants, harvest wildlife or harvest migratory birds. If BC establishes a public management planning process for a provincial protected area that is wholly or partly located within NStQ Territory, NStQ may participate in the planning process. BC will provide any draft public management plans to NStQ, and NStQ may provide written recommendations to BC about the plan. If Canada decides to establish a national park or national marine conservation area which is located wholly or partly within NStQ Territory, Canada will consult with NStQ, and they will negotiate and try to agree on how NStQ will participate in a planning and management process to provide advice to the Minister. They will also negotiate to try to reach agreement on a harvest plan for the NStQs right to harvest wildlife, migratory birds, and gather plants.

CHAPTER 13: WILDLIFE What is the purpose of this chapter? This chapter confirms NStQs right to hunt. NStQ may exercise this right within a harvest area, called the NStQ Wildlife Harvest Area, that will be defined in the Treaty. It defines the extent of this right which will be subject to the terms of the Treaty including any NStQ Laws and the Ministers ultimate authority for the management and conservation of wildlife and its habitat. This chapter requires BC and NStQ to work together to ensure that NStQ exercises the right to harvest wildlife while respecting conservation measures and public health and safety. What does this chapter do? This chapter gives NStQ the authority to make laws to regulate the right to harvest wildlife, including:

the distribution of harvested wildlife among NStQ Citizens;

conditions for how NStQ Citizens may exercise the right to harvest wildlife;

the preservation, promotion and development of traditional knowledge with respect to

wildlife;

trading or bartering of wildlife;

methods, timing and location of harvesting; and

any conservation measures set by the Minister.

What are the main points/examples? Generally, NStQ Citizens will not be required to have federal or provincial licences, or pay any fees or royalties to Canada or BC when exercising the right to harvest wildlife within the designated harvest area. NStQ Citizens are permitted to trade and barter among themselves or with other Aboriginal Peoples. However, all sales, transports and exports of wildlife or wildlife parts must be in accordance with federal and provincial law. If BC sells/provides access to provincial Crown land which may affect the NStQs ability to exercise their right to harvest wildlife, BC cannot deny NStQ the reasonable opportunity to harvest wildlife

under the Treaty, and will negotiate with NStQ to try to reach agreement to make a process to evaluate the impacts on NStQs reasonable opportunity to harvest wildlife. The Minister may set a wildlife allocation as a conservation measure. BC and NStQ will negotiate and try to reach an agreement on the allocation. Before implementing a conservation measure, the Minister will use reasonable efforts to minimize the impact of the measure on the NStQs right to harvest wildlife. Existing traplines and guiding licences will be listed in an appendix to the Treaty and will not be affected by the Treaty (ie. they will remain with the current owner). BC will not grant any new traplines or guiding licences without the consent of NStQ. If BC sets up a wildlife management advisory process in respect of the NStQ Harvest Area, NStQ will have the right to participate. After the Treaty comes into effect, BC and NStQ will enter into an NStQ wildlife management agreement to set out the roles and responsibilities for the management of wildlife within NStQ Territory. The Parties may negotiate agreements concerning enforcement of federal, provincial or NStQ Laws in respect of wildlife.

CHAPTER 14: MIGRATORY BIRDS What is the purpose of this chapter? This chapter confirms NStQs right to harvest migratory birds, subject to the terms of the Treaty, any NStQ Laws, and the Ministers ultimate authority for the management and conservation of migratory birds and its habitat. This chapter requires BC and NStQ to work together to ensure that NStQ Citizens may exercise their right to harvest migratory birds while respecting conservation measures and public health and safety. What does this chapter do? This chapter defines the NStQ Right to Harvest Migratory Birds. Generally, Migratory Bird means a migratory bird as defined under federal law and includes their eggs and inedible by-products (feathers and down). It also defines the area, the NStQ Migratory Bird Harvest Area, in which this right can be exercised. NStQ has law making authority to regulate this right, including:

the distribution of harvested migratory birds among NStQ Citizens;

the preservation, promotion and development of NStQ traditional knowledge with respect to

migratory birds;

trading or bartering of harvested migratory birds;

methods, timing, and location of harvesting;

administration of documentation to identify NStQ harvesters;

designation of NStQ Citizens who may harvest migratory birds;

sale of inedible by-products; and

the management of migratory birds and their habitat on NStQ Land.

This chapter also requires BC and Canada to consult with NStQ before making any decisions which may affect the NStQ Citizens right to harvest migratory birds. The Minister may implement conservation measures to maintain or increase a migratory bird population. This chapter provides a list of potential conservation measures (i.e. establishing protected areas, a total closure of the harvest).

What are the main points/examples? Generally, NStQ Citizens will not be required to have federal or provincial licences, or pay any fees or royalties to Canada or BC when exercising their right to harvest migratory birds within the designated area. NStQ Citizens are permitted to trade and barter among themselves or with other Aboriginal Peoples. However, all sales, transports and exports of migratory birds and their inedible by-products must be in accordance with federal and provincial law. This chapter states that BC may sell or provide access to, provincial Crown land which may affect NStQs ability to exercise their right to harvest migratory birds. If BC does so, it must ensure it does not deny NStQ the reasonable opportunity to harvest migratory birds under the Treaty, and will negotiate with NStQ to try to reach agreement to make a process to evaluate the impacts on NStQs reasonable opportunity to harvest migratory birds. The Minister may propose conservation measures within the NStQ Migratory Bird Harvest Area. If the Minister proposes a conservation measure, it must consult with NStQ, and take into account a list of considerations provided in the chapter. NStQ may give comments to the Minister about the conservation measures and their implementation. Canada and NStQ may enter into conservation agreements to address matters of common concern for migratory birds including setting local conservation objectives, information sharing, licence and permit requirements and enforcement. If Canada or BC sets up a migratory bird management advisory process, NStQ may participate.

CHAPTER 15: ACCESS What is the purpose of this chapter? The purpose of this chapter is to set out the conditions upon which NStQ will allow access onto NStQ Land to the public, Crown representatives, and operators of Public Utilities on NStQ Land for prescribed purposes. What does this chapter do? This chapter sets out NStQs law making authority to regulate public access on NStQ Land. The Treaty includes an appendix identifying which parts of the NStQ Land are designated as NStQ Private Land, and sets out the process NStQ must follow in order to designate portions of NStQ Land as NStQ Private Land. NStQ may make laws regulating public access on NStQ Land for the: prevention of harvesting or extracting resources owned by NStQ; protection of Heritage Sites and sensitive habitat areas; prevention of nuisance or damage; and public safety. This chapter also sets out the conditions upon which NStQ will:

allow reasonable public access to NStQ Land for temporary recreational uses and temporary

non-commercial purposes (subject to NStQ Law and a list of prohibited activities (for example:

cause mischief or damage);

give reasonable access to tenure holders (identified in an appendix);

issue grants for Public Utility Rights of Way (identified in an appendix);

allow access to agents, employees and contractors of BC, Canada, Local Government and

other officials appointed under federal or provincial law to enter, cross or stay on NStQ Land

to carry out one of the activities listed in the chapter.

Once the Treaty is in effect, NStQ may designate portions of NStQ Land as NStQ Private Land if such lands are used for commercial, cultural, resource development or other uses that are incompatible with public access, or if BC has granted an interest that excludes public access. The Treaty may describe parcels of NStQ Land that may not be designated as NStQ Private Land without the consent of BC.

CHAPTER 16: CULTURE & HERITAGE

What is the purpose of this chapter? The purpose of this chapter is to acknowledge the integral role of NStQ Artifacts1 in the continuation of NStQ culture, values and traditions, and to define NStQs ability to promote and protect their language, culture and heritage. What does this chapter do? This chapter allows NStQ to make laws (applicable on NStQ Land) to protect, designate and manage Heritage Sites2 and Artifacts; provide public access to the Heritage Sites; allow a NStQ Public Institution to provide NStQ language and culture education; and to preserve, promote and develop the NStQ language and culture. What are the main points/examples? If Canada or BC find or receive any NStQ archaeological human remains or associated burial objects, the remains will be transferred to NStQ at NStQs request. BC and NStQ will discuss and attempt to reach an agreement for the conservation and protection of Heritage Sites in NStQ Territory. Before the conclusion of the Treaty, NStQ and BC will address artifacts that are recovered from Heritage Sites located off NStQ Land in NStQ Territory. This chapter requires BC to name or rename certain geographic features set out in the Treaty with Shuswap names, and allows NStQ to propose/request BC to name or rename other geographic features with Shuswap names. This chapter also allows for NStQ to make arrangements with both BC and Canada with respect to NStQ Artifacts in museums. Canada and NStQ will negotiate arrangements related to NStQ Artifacts in the permanent collection of Canadian Museum of Civilization. The Treaty will include a list of all the NStQ Artifacts in the permanent collection of the Royal BC Museum, and this chapter states the legal interests in those artifacts will be transferred to NStQ. This chapter allows the Royal BC Museum and NStQ to agree to custodial arrangements for the NStQ Artifacts to remain at the museum. 1 NStQ Artifact means any object created by, traded to, commissioned by, or given as a gift to an NStQ individual, NStQ, an NStQ Public Institution or that originated from an NStQ community and has past and on-going importance to NStQ culture or spiritual practices, but does not include any object traded to, commissioned by, or given as a gift to another aboriginal group, aboriginal individual or aboriginal community or Person. 2 Heritage Site means a site of archaeological, historical or cultural significance and may include graves and burial sites.

CHAPTER 17: FISH The AIP does not address fisheries matters. The Parties will negotiate fisheries matters in the Final Agreement stage of the Treaty proecess.

CHAPTER 18: ELIGIBILTY & ENROLMENT What is the purpose of this chapter? This chapter sets out the criteria or requirements one must meet in order to be enrolled. It does not affect the rights of Canadian citizenship or the right to be registered as an Indian under the Indian Act. What does this chapter do? It sets out the eligibility criteria for enrolment under the Treaty, describes the application process and appealing a decision, and establishes an Enrolment Committee and Enrolment Appeal Board. What are the main points/examples? The NStQ Enrolment Committee will consist of 3 people appointed by NStQ and will be in operation for 2 years. It will be responsible for the enrolment process, including: establishing enrolment procedures, providing application forms, and considering and deciding each application based on the eligibility criteria. The NStQ Enrolment Appeal Board will be comprised of NStQ and Canada. If an applicant does not agree with the Enrolment Committees decision, the applicant may apply to the Appeal Board. The Appeal Board will hear and determine appeals brought by individuals and decide whether they will be enrolled. The Appeal Board will conduct hearings in public (generally), maintain a record of its decisions and provide reasons for its decisions. An applicant may also apply to the Supreme Court of BC to review a decision of the NStQ Enrolment Appeal Board. Eligibility Criteria - an individual will be enrolled under the NStQ Treaty if he/she:

a. is registered or entitled to be registered on an NStQ bands list under the Indian Act as of the

day before the Treaty takes effect;

b. is of NStQ ancestry;

c. was adopted under laws recognized in Canada by an individual eligible for enrolment under a

or b;

d. was adopted under NStQ custom after the Treaty takes effect;

e. is accepted by NStQ as NStQ in accordance with NStQ custom; or

f. is a descendant of an individual eligible for enrolment under a, b, or c.

This chapter also prohibits a person who is a beneficiary or has applied for enrolment under another treaty to be enrolled under the NStQ Treaty at the same time.

CHAPTER 19: NSTQ GOVERNMENT

What is the purpose of this chapter? The purpose of this chapter is to confirm NStQs right to self-government and its ability to develop its own governance model through the NStQ Constitution. It also ensures the participation of NStQ Citizens in electing NStQ Government officials. What does this chapter do? This chapter provides for the making of an NStQ Constitution. The NStQ Constitution sets out the structure of the NStQ Government. It will contain the process and rules for the elections of officials to the NStQ Government. The NStQ Constitution also sets out the process which allows the NStQ Government to enact NStQ Laws. What are the main points/examples? The NStQ Government may make laws relating to elections, administration, management and operation of the NStQ Government, including the establishment and details of NStQ Public Institutions and NStQ Corporations. If the NStQ Government makes an NStQ Law on any of the following topics, it must give at least 6 months notice to Canada and the Province (for potential agreements to be made): adoption, child protection services, health services, family and social services, child care, or kindergarten to grade 12 education. This chapter requires BC to give NStQ notice if it intends to introduce any laws that relate to any subject matter which the NStQ Government has law-making authority over, or if introducing any law will affect the Treaty. The NStQ Constitution and any NStQ Laws will be maintained in a public registry and accessible to the public.

CHAPTER 20: GOVERNANCE What is the purpose of this chapter? The purpose of this chapter is to allow the NStQ Government to practice self-government by having the authority to enact NStQ Laws to be applied on NStQ Land. What does this chapter do? This chapter sets out the topic areas in which the NStQ Government may make laws. It also states that the NStQ Government is responsible for the enforcement of NStQ Laws and may make laws appointing officers to enforce the laws (but cannot establish a police force). The NStQ Government is also permitted to provide Community Correctional Services and rehabilitative community based programs. What are the main points/examples? Some areas the NStQ Government may make laws in relation to (to be applicable on NStQ Land) are:

Health services provided by an NStQ Institution (public and community health care programs,

addiction/prevention programs);

Aboriginal healers;

Family and social services (income assistance, social development, housing, community services);

Liquor control (prohibition, the sale, manufacture or consumption of liquor);

Solemnization of marriages;

Child Care services (provincial or federal law prevails if there is a conflict, unless it is in respect of

curriculum development for NStQ language and culture);

Education (kindergarten to grade 12, and post-secondary education);

Regulation of business on NStQ Land (licensing, fees, prohibition);

NStQ Citizenship (will not affect the right to be registered under the Indian Act);

Adoption, Child Custody and Protection Services (if the custody of an NStQ Child is in dispute in

Court, NStQ has standing in the Court proceedings);

Devolution of Cultural property (of an NStQ Citizen who dies intestate);

Offences and sanctions (including fines, Administrative penalties, community service,

imprisonment, for the violation of NStQ Law);

Enforcement of NStQ Law (appointing officials to enforce NStQ Law ); and

Community Correctional Services.

CHAPTER 21: FISCAL RELATIONS What is the purpose of this chapter? This chapter addresses the funding required to carry out the terms of the Treaty. In this chapter, the Parties acknowledge that they each have a role in supporting NStQ (through direct or indirect financial support or through access to public programs and services) to implement the Treaty. What does this chapter do? Before the Treaty, this chapter states the Parties will address fiscal matters, including ongoing fiscal relationship among the Parties, and funding arrangements that will set out terms, conditions, and funding with respect to the responsibilities assumed by NStQ. The role of each Party and associated funding arrangements will be set out in a Fiscal Financing Agreement or other arrangement. The Fiscal Financing Agreement sets out the funding for the NStQ Government, agreed upon programs and services, implementation, and the related terms and conditions. Any funding required for the purposes of a Fiscal Financing Agreement, or any other agreement that is contemplated by the NStQ Treaty and that provides for financial obligations to be assumed by a Party, is subject to the appropriation of funds from each Party (Parliament of Canada, Legislature of BC, and NStQ Government). This chapter includes a provision which states the Parties acknowledge that Canada is developing a new national fiscal policy for determining levels of federal funding available to self governing aboriginal groups to support the delivery of agreed upon programs and services. This new policy will take into account the ability of each governing aboriginal group to generate revenues form its own sources.

CHAPTER 22: TAXATION What is the purpose of this chapter? This chapter sets out NStQs taxation powers, what tax exemptions will apply to NStQ, and how the Parties will enter into agreements with respect to taxation powers. What does this chapter do? This chapter gives authority to NStQ to make laws to: require direct taxation of NStQ Citizens within NStQ Land in order to raise revenue for NStQ purposes, and implement any taxation agreement entered into between NStQ and Canada or BC. This authority does not limit the taxation powers of Canada or BC on NStQ Citizens. The tax exemption under s. 87 of the Indian Act (income of an Indian earned on a reserve and goods bought on, or delivered to, a reserve) will be phased out as NStQ Land will not be considered reserve land under that act. This chapter does provide two tax exemptions:

1. NStQ does not have to pay real property taxes or taxes on capital wealth with respect to the estate or interest of NStQ in NStQ Land on which there are no improvements or on which there is a designated improvement. It goes on to define designated improvement as: a residence of an NStQ Citizen; an improvement used for or related to a public purpose; an improvement used primarily for the management or protection of a natural resource; and forest resources and roads.

2. A transfer under the Treaty of NStQ Capital, or a recognition of ownership of NStQ Capital under the Treaty, is not taxable. NStQ Capital means all land, cash, and other assets transferred to, or recognized as owned by, NStQ under the Treaty.

This chapter states the Parties will negotiate taxation powers agreements. First, NStQ may request Canada and/or BC to negotiate and attempt to reach agreement to allow NStQs direct taxation law-making authority to extend to persons other than NStQ Citizens on NStQ Land. Second, NStQ and BC will negotiate and attempt to reach agreement on NStQs authority to impose property taxes on non- NStQ Citizens in relation to their ownership or occupation of NStQ Land. The Parties will enter into a tax treatment agreement, which will come into effect on the Effective Date. This agreement will set out the tax status of, and how certain tax laws will be applied to, NStQ Government, corporations owned by NStQ, and NStQ Citizens.

CHAPTER 23: CAPTIAL TRANSFER

What is the purpose of this Chapter? The purpose of this chapter is to confirm and secure a monetary amount Canada and BC will pay to NStQ, called the Capital Transfer, and address how NStQ will repay the monies received from Canada through the BC Treaty Commission to negotiate and execute the Treaty. What does this chapter do? This chapter sets out the Capital Transfer amount, interest rate, payment period, outstanding loan amount and schedule of net payments. The Capital Transfer Canada and BC will pay to NStQ for AIP purposes will be $xxxx million. This chapter requires the Parties to negotiate a provisional schedule of payment and its terms, and provides a formula to determine the final schedule of payments. After the Treaty is finalized, NStQ must pay the negotiation loan back to Canada. This chapter addresses how the loan will be repaid (a negotiation loan repayment schedule will need to be negotiated). Before the start of the Treaty, Canada will determine the outstanding amount of negotiation loans made by Canada to NStQ, including any interest, and will prepare a provisional schedule for repayment of the outstanding negotiation loan amount. This chapter also address resource revenue sharing between the Parties. Before finalizing the Treaty, the Parties will negotiate sharing with NStQ revenues originating in BC and flowing to Canada or British Columbia.

CHAPTER 24: APPROVAL OF THE AGREEMENT IN PRINCIPLE What is the purpose of this chapter? This chapter describes the process that each Party will follow to approve the AIP, in order to progress to Final Treaty negotiations. All three Parties must approve the AIP. This chapter sets out what constitutes an approval from each Party. The chief negotiators for NStQ, Canada and BC will submit the AIP to their respective principals for approval after it has been initialed. In order for NStQ to approve the AIP, it must be signed by a person authorized by NStQ after the community approval process. Canada and BC must approve it by having it signed by the authorized Ministers.

CHAPTER 25: RATIFICATION OF THE FINAL AGREEMENT

What is the purpose of this chapter? This chapter describes the process that each Party will follow to give effect to the Treaty, establishes voter eligibility criteria for ratification by NStQ Citizens, and establishes a Ratification Committee to oversee the NStQ ratification process. The Treaty will not be legally binding until ratified by all three Parties in accordance with this chapter. What does this chapter do? This chapter sets the conditions in order for NStQ to ratify the Treaty, including:

NStQ individuals must have a reasonable opportunity to review the Treaty;

there must be a vote by secret ballot;

the NStQ Constitution must be ratified by the Eligible Voters;

at least 50% plus one of Eligible Voters votes in favour of entering the Treaty; and

the Treaty must be signed by the authorized representative of NStQ.

This chapter requires a Ratification Committee to be established (made up of one representative from each Party) and lists its responsibilities. The committee is responsible for: taking reasonable steps to provide all NStQ individuals with the chance to review the NStQ Constitution and Treaty prior to the Ratification Vote; establishing and publishing its procedures; preparing and publishing a List of Eligible Voters based on the Enrolment Register; and preparing and organizing the voting procedures. Eligible Voters includes individuals:

enrolled in the Treaty in accordance with the Eligibility and Enrolment Chapter; and

included on the List of Eligible Voters.

However, if your name isnt included on the List of Eligible Voters, this chapter provides steps to take to rectify that (i.e. provide evidence as stipulated to the Voting Officer).

This chapter also sets out the conditions for ratification by Canada (signed by authorized minister and coming into force of Federal Settlement Legislation) and ratification of the NStQ Constitution (NStQ Citizens must have reasonable opportunity to review the Constitution and there must be a vote of at least 50% + 1 in favour).

CHAPTER 26: TRANSITION What is the purpose of this chapter? Generally, once the Treaty is in effect, the Indian Act will no longer apply, and NStQ Nation or Indian Bands under the Indian Act will cease to exist. All the rights, titles, interests, assets, obligations and liabilities of the NStQ Nation under the Indian Act will vest in NStQ. This chapter sets out how the Indian Act will continue to apply to NStQ Citizens and NStQ once the Treaty is in force and provides for a transition to phase the Indian Act out. What does this chapter do? With respect to estates, the Indian Act will apply to:

the property and estate of an NStQ Citizen who dies (testate or intestate) before the Treaty

takes effect.

an NStQ Citizen who executed a will under s. 45(2) of the Indian Act (any written instrument

signed by an NStQ Citizen expressing their intention to dispose of their property on their death)

an NStQ Citizen whose property was administered under s. 51 of the Indian Act immediately

before the Treaty and at the time of death (s. 51 states all authority in relation to the property of

a mentally incompetent Indian is vested exclusively with the Minister)

an NStQ Citizen who did not make a valid will under provincial law after the Treaty came into

force, and the individual was declared no longer incapable under the Patients Property Act.

Any By-laws created under the Indian Act that are in effect on the day before the Treaty takes force (on former Indian reserve land located within NStQ Land) will continue to have effect for 6 months after the Effective Date. NStQ may repeal, but not amend, a by-law. All monies held by Canada for the use and benefit of NStQ pursuant to the Indian Act will be transferred to NStQ after the Effective Date, and Canada will no longer be responsible for, or liable for the administration of monies for NStQ. Before finalizing the Treaty, the Parties will negotiate transitional tax measures to address s. 87 of the Indian Act (tax exemption clause) no longer applying. The negotiations will provide a reasonably comparable effect to transitional tax measures in other treaties negotiated with other aboriginal groups in BC.

CHAPTER 27: DISPUTE RESOLUTION What is the purpose of this chapter? The purpose of this chapter is to establish and define a process for resolving disputes between the Parties over the interpretation, application or implementation of the Treaty, or a breach or anticipated breach of the Treaty. The objective is to cooperate with each other, prevent and minimize any disagreements, and identify and resolve any in a timely manner. What does this chapter do? It defines how the dispute resolution process will be initiated. In this chapter a Party is deemed to be directly engaged in a disagreement if another Party, acting reasonably, gives the first Party a written notice requiring it to participate in a process described in this chapter to resolve the disagreement. The goal is to resolve disagreements through informal discussions without invoking the process set out in this chapter . The chapter defines the process in three stages (accompanied with an appendix to detail how the Parties will proceed through each stage). The stages are:

1. Collaborative Negotiations - formal efforts to reach agreement in collaborative negotiations;

2. Facilitated Processes - assistance of a neutral party who has no authority to resolve the dispute

in a facilitated process (i.e. could be mediation, technical advisory panel, community advisory

council); and

3. Adjudication/Arbitration - final adjudication in arbitral proceedings or in judicial proceedings.

Each stage must be completed in order and has defined timelines and notice requirements which are set out in this chapter and accompanied appendices. The Parties must engage in negotiations in good faith and any agreement reached must be recorded in writing and will be binding on the Parties who signed such agreement.

CHAPTER 28: IMPLEMENTATION What is the purpose of this chapter? The purpose of this chapter is to develop a plan to guide the Parties in carrying out their respective obligations and activities to ensure the Treaty is implemented properly. What does this chapter do? This chapter requires the Parties to establish an implementation plan that will take effect on the Effective Date and have a term of 10 years, which may be renewed or extended upon agreement of the Parties. The implementation plan will:

identify the obligations arising from the Treaty;

identify the activities to be undertaken to fulfill these obligations;

identify the responsible Party or Parties and the timeframes for completion of those activities;

specify how the implementation plan may be amended;

specify how the implementation plan may be renewed or extended; and

address other matters agreed to by the Parties.

The Parties will establish an implementation working group and an implementation committee. The implementation working group will be established during Treaty negotiations and will be responsible for developing the plan and creating a list of activities the Parties must complete by the Effective Date. The implementation committee will comprise of one representative from each Party. It will have a term of 10 years, and be responsible for developing a communication strategy to implement the Treaty and preparing annual reports on the implementation of the Treaty.

PREAMBLECHAPTER 1: DEFINITIONSCHAPTER 2: GENERAL PROVISIONSCHAPTER 3: LANDSCHAPTER 4: LAND TITLECHAPTER 5: SUBSURFACECHAPTER 6: ROADS & CORRIDORSCHAPTER 7: FOREST & RANGECHAPTER 8: GATHERINGCHAPTER 9: WATERCHAPTER 10: SHARED DECISION MAKINGCHAPTER 11: ENVIRONMENTCHAPTER 12: PARKS & PROTECTED AREASCHAPTER 13: WILDLIFECHAPTER 14: MIGRATORY BIRDSCHAPTER 15: ACCESSCHAPTER 16: CULTURE & HERITAGECHAPTER 17: FISHCHAPTER 18: ELIGIBILTY & ENROLMENTCHAPTER 19: NSTQ GOVERNMENTCHAPTER 20: GOVERNANCECHAPTER 21: FISCAL RELATIONSCHAPTER 22: TAXATIONCHAPTER 23: CAPTIAL TRANSFERCHAPTER 24: APPROVAL OF THE AGREEMENT IN PRINCIPLECHAPTER 25: RATIFICATION OF THE FINAL AGREEMENTCHAPTER 26: TRANSITIONCHAPTER 27: DISPUTE RESOLUTIONCHAPTER 28: IMPLEMENTATION