General Provisions
- The Nisga'a will continue to be an aboriginal
people under the Constitution Act, 1982.
- Nisga'a will continue to be entitled to
the rights and benefits of other Canadian citizens.
- Lands owned by the Nisga'a will no longer
be reserve lands under the Indian Act.
- The Charter of Rights and Freedoms will
apply to Nisga'a government and its institutions.
- Nisga'a jurisdiction over Nisga'a citizens
on Nisga'a land will be phased in over time.
- Eventually, the Indian Act will no longer
apply to the Nisga'a.
- All parties agree that the final agreement
will provide certainty with respect to Nisga'a rights, title
and obligations.
- The Criminal Code of Canada and other laws
of general application will continue to apply.
Lands and Resources
The Nisga'a will own two types of lands --
Nisga'a lands and fee simple lands.
Nisga'a Lands
There will be about 1,930 square kilometres
of Nisga'a lands in the Lower Nass River area. Nisga'a lands will
be communally owned. These lands will include the four Nisga'a
villages, New Aiyansh (Gitlakdamiks), Canyon City (Gitwinksihlkw),
Greenville (Lakalzap) and Kincolith (Gingolx).
Fifty six Indian reserves in the area will
cease to be Indian reserves and will become Nisga'a lands.
These lands will not include existing fee simple
lands, or land subject to agriculture leases and wood lot licences.
The Nisga'a will own both surface resources
(including forests) and subsurface resources on Nisga'a lands.
Existing legal interests on Nisga'a lands,
such as rights of way, angling and guide outfitter licences and
traplines, will continue on their current terms. The Nisga'a government,
as owners of Nisga'a land, will be able to set conditions on any
new interests they grant in the future.
Fee Simple Lands
Lands contained within 18 Indian reserves outside
of Nisga'a lands will become fee simple lands owned by the Nisga'a
government and will be subject to provincial laws. Some of these
reserves will be increased in size. In total, the increase will
not exceed 12.5 square kilometres.
An additional 15 parcels of fee simple land,
totalling no more than 2.5 square kilometres, will be owned by
the Nisga'a for economic development. These lands will also be
subject to provincial laws.
Forest Resources on Nisga'a Lands
After a transitional period, for existing licensees
to adjust their operations, the Nisga'a will manage Nisga'a forest
resources.
They will be able to implement forest management
standards provided these meet or exceed provincial standards,
such as the Forest Practices Code.
The Nisga'a will collect stumpage after a transitional
period. Existing forest licence holders will have to meet their
silviculture obligations.
Forest Resources Outside Nisga'a Lands
The province supports in principle Nisga'a
purchase of an existing timber forest licence to a maximum of
150,000 cubic metres. Any such acquisition would be subject to
the Forest Act.
Backcountry Recreation Tenure
The Nisga'a will receive a backcountry recreation
tenure which will operate under provincial laws.
Protection of Historic Sites and Names of
Key Geographic Features
Key cultural sites will be protected through
heritage site designation.
Key geographic features will be renamed with
Nisga'a names.
Parks and Ecological Reserves
The Nisga'a Memorial Lava Bed Park and Gingietl
Creek Ecological Reserve will continue to be protected by the
province.
Bear Glacier will become a provincial park.
Water
Existing water licences will remain in place.
The Nisga'a are guaranteed enough water to
meet their domestic, industrial and agricultural needs, subject
to habitat conservation.
Access
There will be public access to Nisga'a lands
for hunting, fishing and recreation.
The Nisga'a government will be able to regulate
access for public safety, protection of environmental, cultural
or historic features, and protection of habitat.
Non-Nisga'a residents will have unimpeded access
to their lands.
The province will maintain the main road through
Nisga'a lands as well as other provincial roads.
The federal and provincial governments will
be able to acquire Nisga'a lands for public purposes, subject
to fair compensation.
Fisheries
Conservation of fish stocks is the primary
consideration.
The Nisga'a will receive an annual treaty-entitlement
of salmon, which will, on average, comprise approximately 18 per
cent of the Canadian Nass River total allowable catch. In addition,
the Nisga'a will receive an allocation of sockeye and pink salmon
for commercial purposes under a harvesting agreement outside the
treaty.
The Nisga'a will be able to sell their salmon
but will be subject to monitoring enforcement and laws of general
application.
The Minister of Fisheries and Oceans and the
province will retain overall responsibility for conservation and
management of the fisheries and fish habitat, according to their
jurisdictions. The Nisga'a will be able to manage their harvest.
A joint management committee will make recommendations
to the federal and provincial governments on the Nisga'a fisheries
and enhancement activities.
The Nisga'a will receive an allocation of steelhead
for domestic purposes. This allocation will be made only if steelhead
stocks can support such a harvest.
A fisheries trust will affirm a Nisga'a stewardship
role for Nass River fisheries.
The Nisga'a will receive an annual entitlement
for non-salmon species, such as halibut, oolichan and shellfish.
The entitlement will be for domestic purposes and may not be sold.
The Nisga'a will receive $11.5 million towards
participation in the coastal commercial fishing industry. This
will provide for the purchase of vessels and licences.
The Nisga'a will not establish large fish-processing
facilities within 12 years.
Wildlife
The Nisga'a will receive entitlement to hunt
moose and other species to be designated. There is no priority
to the entitlement.
A wildlife management area will be established,
in which the Nisga'a will be entitled to hunt wildlife for domestic
purposes, subject to conservation needs.
A wildlife committee will be established, with
equal representation by the Nisga'a and the province. It will
make recommendations to the provincial government on wildlife
management activities and Nisga'a hunting.
The Nisga'a will develop an annual management
plan for their hunt which will require provincial government approval.
Nisga'a citizens who hunt wildlife outside
the management area will be subject to provincial laws.
The Nisga'a will not be able to sell wildlife,
but may trade or barter among themselves or with other aboriginal
people.
The Nisga'a may harvest migratory birds according
to an international convention and applicable laws of general
application.
Environmental Assessment and Protection
Environmental protection standards on Nisga'a
lands will be set by the Nisga'a. These standards must meet or
exceed those set by the federal or provincial government.
The Nisga'a will undertake environmental assessments
of proposed projects on their lands. Canada and British Columbia
will participate as appropriate if the projects have effects off
Nisga'a lands. The agreement includes provision for the Nisga'a
to coordinate environmental assessments with Canada and British
Columbia.
The agreement allows the province and Canada
to respond to natural disasters and environmental emergencies
on Nisga'a lands.
Nisga'a Government
Government Structure and Jurisdiction
The Nisga'a will have a Nisga'a government
and four village governments, similar to local government structures.
The Nisga'a will adopt a constitution that
spells out the structure, duties and membership of their government
and ensures it is open and democratic.
The Nisga'a will be able to make laws governing
such things as culture and language, employment, public works,
regulation of traffic and transportation, land use and solomnization
of marriage, among others. The Nisga'a will continue to provide
health, child welfare and education services.
People residing on Nisga'a lands who are not
Nisga'a citizens:
- will be consulted about and may seek a review
of decisions which directly affect them; and
- will be able to participate in elected bodies
which directly affect them.
Administration of Justice
With the approval of the province:
- The Nisga'a government will be able to provide
full policing services on their lands as do municipalities.
The police must meet provincial standards for training, qualifications
and professional standards.
- The Nisga'a will be able to establish a
Nisga'a court that will have jurisdiction over Nisga'a laws
on Nisga'a lands.
Fiscal Financing Agreements
Nisga'a government will receive fiscal transfers
to enable them to provide government services at levels generally
comparable to those available in the North West region of B.C.
The Nisga'a government's ability to raise revenue
will be taken into consideration when fiscal transfers are negotiated.
The Nisga'a will receive $190 million which
will be paid over a period of years.
Taxation
Nisga'a government will have the power to tax
Nisga'a citizens on Nisga'a land.
Nisga'a government and B.C. propose to negotiate
a tax delegation agreement to permit Nisga'a government to impose
property taxes on non-Nisga'a occupiers of Nisga'a lands.
Nisga'a government generally will be tax-exempt
in respect to its government activities similar to other governments
in Canada.
The Indian tax exemption for Nisga'a citizens
will be eliminated after a transitional period of eight years
for transaction (i.e. sales) taxes and 12 years for other taxes
(i.e. income).
Nisga'a government, Canada and B.C. propose
to negotiate to the coordination of their respective tax systems
on Nisga'a land.
Cultural Artifacts and Heritage Protection
The Royal BC Museum and the Canadian Museum
of Civilization will return a significant portion of their collections
of Nisga'a artifacts to the Nisga'a. The museums will retain collections
of Nisga'a artifacts for the public.
Dispute Resolution
If disputes arise on the application of the
treaty, the parties will try to resolve them through cooperation,
consultation and mediation. If these efforts fail they will have
recourse to arbitration and the BC Supreme Court.
Eligibility and Enrolment
Criteria for Nisga'a enrolment reflect the
matrilineal system and the Ayuukhl (traditional law). An enrolment
committee comprising eight Nisga'a persons (two from each of the
four tribes) is responsible for establishing a register of names.
A three-member appeal board will consider appeals from the enrolment
committee's decisions.
Ratification of the agreement-in-principle
The Nisga'a will ratify the agreement-in-principle
in a special assembly of the Nisga'a Nation.
British Columbia and Canada will ratify the
agreement in principle by signature of the responsible provincial
and federal ministers.
Once the agreement-in-principle is ratified
by the parties, they will negotiate a final agreement.
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Nisga'a Final
