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Bringing BC Together
The Final Agreement, once ratified by British
Columbia, Canada, and the Nisga’a Tribal Council, will provide
the following:
General Provisions
The Nisga’a continue to be an aboriginal
people under the Constitution Act, 1982.
Nisga’a continue to be entitled to the
rights and benefits of other Canadian citizens.
Lands owned by the Nisga’a are held in
fee simple; none of the lands are reserve lands under the Indian
Act or lands reserved for Indians under the Constitution.
The Canadian Charter of Rights and Freedoms
applies to Nisga’a Government and its Institutions.
The Criminal Code of Canada applies. Federal
and provincial laws of general application continue to apply to
the Nisga’a and Nisga’a Lands unless varied by the
terms of the Final Agreement.
Nisga’a Government jurisdiction over
Nisga’a citizens on Nisga’a Lands will be phased in
over time.
The Indian Act will no longer apply to the
Nisga’a except for determining who is a Status Indian as
defined in the Act and transition provisions dealing with such
things as outstanding wills and arrangements for people unable
to look after their own affairs.
The Nisga’a aboriginal rights under section
35 of the Canadian constitution are modified into treaty rights.
These rights are exhaustively defined in the treaty. It constitutes
the full and final settlement of those aboriginal rights, including
aboriginal title. Any other aboriginal rights that are determined
to have existed, or may exist in the future, are released by the
Nisga’a.
The Final Agreement is not intended to affect
or recognize rights of other aboriginal people. If this occurs,
the relevant provision will be inoperative, and the Parties will
attempt to replace the provision.
Lands
The Nisga’a own two types of land in
fee simple: Nisga’a Lands and Nisga’a Fee Simple Lands
outside Nisga’a Land:
- Nisga’a Lands consist of 1992 sq. km of land located
in the lower Nass River area, comprised of 1930 sq. km of provincial
Crown land and 62 sq. km of former Nisga’a Indian reserves
(56 in number), including the four villages of New Aiyansh (Gitlakdamiks),
Canyon City (Gitwinksihlkw), Greenville (Lakalzap) and Kincolith
(Gingolx), which cease to be Indian reserves.
- Ownership of Nisga’a Lands includes forest and subsurface
resources.
- Nisga’a Lands do not include existing fee simple lands,
lands subject to existing agricultural leases and woodlot licence,
submerged lands and the Nisga’a Highway.
- Existing traplines, guide outfitter and angling guide tenures
on Nisga’a Lands remain under provincial jurisdiction.
- Existing legal interests on Nisga’a
Lands, such as rights of way, will be continued under replacement
tenures issued by the Nisga’a. However, Nisga’a
Government, as owners of Nisga’a Lands, will be able to
set the terms and conditions for any new interests which they
choose to grant in the future.
The second type of land holdings are Nisga’a
Fee Simple Lands outside Nisga’a Lands. These lands are
divided into two categories:
- Category A lands consist of 18 Nisga’a
Indian reserves. Some of these have been adjusted to include
additional Crown land totalling 12.5 sq. km. All of these reserves
cease to be Indian reserves. The total size of Category A lands
is 25.0 sq. km.
- Category B lands consist of 15 parcels of
Crown land totalling 2.5 sq. km. These lands have been transferred
to the Nisga’a Government to provide economic development
opportunities.
- Both categories of land are owned by Nisga’a
Government, but will be subject to provincial laws.
Land Title
The Nisga’a have the ability to bring
some or all of their land into the provincial land title system.
The Land Title Act will apply to any Nisga’a Lands brought
into the system.
Commercial Recreation
Tenure
The Nisga’a receive
a commercial recreation tenure which operates under provincial
laws.
Protection of Historic Sites and Names of
Key Geographic Features
Key cultural sites are designated provincial
heritage sites under provincial legislation. Key geographic features
are renamed with Nisga’a names in accordance with provincial
policy.
Parks and Ecological Reserve
The Nisga’a Memorial Lava Bed Park and
Gingietl Creek Ecological Reserve continue under provincial ownership
and jurisdiction.
Bear Glacier is established as a "Class A"
provincial park.
Water
The Province retains full ownership and regulatory
authority over water.
Existing water licences remain in place.
The Nisga’a have a water allocation equal
to one per cent of the annual average flow from the Nass Valley
watershed for their domestic, industrial and agricultural needs.
The Nisga’a also have a reservation for
the purpose of conducting studies to determine the suitability
of streams for hydro power purposes. Any hydro development will
be subject to provincial approval and regulation.
Forests
Forest Resources on Nisga’a Lands
The Nisga’a own all forest resources
on Nisga’a Lands. Existing licensees will continue to harvest
timber on Nisga’a Lands for a five-year transition period.
The Nisga’a may establish rules and standards
which meet or exceed provincial standards to govern forest practices
on Nisga’a Lands following the transition period, or for
Nisga’a harvesting operations during the transition period.
In recognition of provincial licensees continuing
to harvest timber on Nisga’a Lands during the transition
period, the Province will put the Nisga’a in the same economic
position as if there were no transition.
Existing forest licence holders must 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
approval and regulation under the Forest Act.
Access
The public have access to Nisga’a public
lands for hunting, fishing and recreation.
Nisga’a Government can regulate access
for public safety and protection of environmental, cultural or
historic features.
Fee simple property owners and third party
tenure holders have guaranteed access to their interests.
Roads and Rights of Way
The Nisga’a Highway through Nisga’a
Lands remains a provincial highway. Other key roads which provide
access for the public, residents and commercial activities are
held by the Province as perpetual and exclusive rights of way.
The federal and provincial governments can
acquire interests in Nisga’a Lands (e.g. rights of way)
for public or industrial purposes, subject to fair compensation.
Fisheries
The Nisga’a have an annual allocation
of salmon which will, on average, comprise approximately 17 per
cent of the Canadian Nass River total allowable catch. In addition,
the Nisga’a have an allocation of sockeye and pink salmon
for domestic and commercial purposes under a harvest agreement
outside the treaty.
The Nisga’a can sell their salmon only
if there are directed harvests in commercial or recreational fisheries.
All sales are subject to laws of general application.
Canada and British Columbia retain responsibility
for conservation and management of fisheries and fish habitat,
according to their jurisdictions. The Nisga’a can regulate
their harvest subject to annual fishing plans approved by the
federal and provincial Ministers.
A joint management committee with representatives
of the Nisga’a, British Columbia and Canada will make recommendations
to the responsible federal or provincial Minister on Nisga’a
fisheries, fisheries management and enhancement activities.
The Nisga’a have an entitlement to harvest
steelhead for domestic purposes. They will have a specific allocation
for summer-run steelhead when the stocks can support such a harvest.
The Nisga’a have an entitlement to harvest
non-salmon species for domestic purposes, as well as allocations
for oolichan and bivalve shellfish and future allocations for
species such as halibut, crab and herring. Non-salmon entitlements
may not be sold.
The Nisga’a receive $11.5 million for
participation in the commercial fishing industry through the purchase
of vessels and licences, and other fisheries initiatives.
A fisheries trust affirms a Nisga’a stewardship
role for Nass River fisheries.
The Nisga’a cannot establish large fish
processing facilities for eight years following the effective
date of the Final Agreement.
Wildlife
The Nisga’a have a treaty entitlement
to harvest different wildlife species and inland fish for domestic
purposes in the Nass Wildlife Area, an area comprising the Nisga’a
Lands and some surrounding Crown land.
They have specific allocations for moose, mountain
goat and grizzly bear.
The Nisga’a can harvest migratory birds
according to an international convention and applicable laws of
general application.
Nisga’a hunting will be subject to conservation,
public health and public safety requirements, and will not interfere
with other authorized uses of Crown land or the ability of the
Crown to dispose of Crown land.
The Nisga’a are required to prepare an
annual management plan for their harvest which must be approved
by the Minister.
A wildlife committee, with representatives
of the Nisga’a, British Columbia and Canada, will make recommendations
respecting the Nisga’a harvest and wildlife management in
the Nass Wildlife Area.
The Nisga’a cannot sell wildlife, but
can continue to trade and barter among themselves or with other
aboriginal people.
Nisga’a citizens who hunt wildlife outside
the Nass Wildlife Area will be subject to provincial laws.
Environmental Assessment and Protection
The Nisga’a have concurrent authority
with Canada and British Columbia for environmental assessment
and protection on Nisga’a Lands, but federal and provincial
laws prevail if a conflict occurs.
British Columbia and Canada may respond to
natural disasters and environmental emergencies on Nisga’a
Lands.
Nisga’a Government
The Nisga’a have a "central" government
(Nisga’a Lisims Government) and four village governments,
similar to local government structures.
The Nisga’a have a constitution that
spells out the structure, duties and functions of their government
and ensures it is open, democratic and accountable to the Nisga’a
people.
The Nisga’a can make laws governing such
things as culture and language, public works, regulation of traffic
and transportation, land use and solemnization of marriages. The
Nisga’a continue to provide health, child welfare and education
services under existing arrangements, but may also choose to make
laws in these areas.
All Nisga’a law making powers are concurrent
with those of Canada and British Columbia. The Nisga’a have
no exclusive powers.
Most Nisga’a law making is limited to
Nisga’a Lands and Nisga’a people. Powers related to
solemnization of marriages, social services and adoption apply
to Nisga’a people throughout the Province with their consent.
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 and significantly affect them; and
- can participate in elected bodies which
directly and significantly affect them.
Administration of Justice
With the approval of the provincial Cabinet:
- Nisga’a Government can provide full
policing services on Nisga’a Lands in the same manner
as larger municipalities. The police must meet the provincial
requirements for training, qualifications and professional standards
that apply to municipal police.
- The Nisga’a can establish a Nisga’a
court which will have jurisdiction over Nisga’a laws on
Nisga’a Lands. The Court must meet provincial standards
for independence, accountability and supervision. Accused persons
may choose to have their cases heard in Provincial Court.
Local and Regional Relationships
Nisga’a Lands will continue to be part
of Electoral Area "A" of the Kitimat-Stikine Regional District.
Nisga’a and the Regional District may
enter into service agreements or otherwise coordinate their activities
with respect to common areas of responsibility.
Fiscal Financing Agreements
Nisga’a Government continue to receive
fiscal transfers from Canada and British Columbia to enable them
to provide government services at levels reasonably comparable
to those available in the Northwest region of British Columbia.
Nisga’a Government’s ability to
raise revenue is taken into consideration when fiscal transfers
are calculated.
Fiscal financing agreements are negotiated
every five years.
Capital Transfers
The Nisga’a receive $190 million from
Canada and B.C., which will be paid over a period of 15 years.
Canada also contributes $10 million to a fisheries trust.
In addition, the Nisga’a receive $10.4
million for implementation activities, approximately $16.1 million
over five years for new fiscal support and $30 million for infrastructure
and training development. Canada is responsible for the large
majority of this funding.
Taxation
Nisga’a Government has authority to levy
direct taxes on Nisga’a citizens on Nisga’a Lands.
Nisga’a Government and British Columbia
may negotiate a tax delegation agreement to permit Nisga’a
Government to impose property taxes on non-Nisga’a occupiers
of Nisga’a Lands, once Nisga’a Government imposes
these taxes on its own citizens.
Nisga’a Government generally is tax-exempt
in respect to its government activities, similar to other local
governments in Canada.
The Indian Act tax exemption for Nisga’a
citizens will be eliminated after a transitional period of eight
years for transaction (e.g. sales) taxes and 12 years for other
taxes (e.g. income).
Nisga’a Government, Canada and British
Columbia will negotiate the coordination of their respective tax
systems on Nisga’a Lands.
Cultural Artifacts and Heritage Protection
The Royal British Columbia 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 retain collections of Nisga’a artifacts for the
public.
Dispute Resolution
If disputes arise on the application, implementation
or interpretation of the Final Agreement, the Parties will try
to resolve them through co-operative negotiations and a variety
of mediation options. If these efforts fail, they will have recourse
to arbitration or the British Columbia Supreme Court.
Eligibiltiy and Enrolment
Criteria for Nisga’a enrolment reflect
the matrilineal system and the Ayuukhl (Nisga’a 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 Final Agreement
The Nisga’a will submit the Final Agreement
to a special assembly of the Nisga’a Nation which will authorize
a referendum. The Nisga’a will have ratified the Final Agreement
if 50 per cent plus one of those persons eligible to vote in the
referendum vote to approve.
British Columbia and Canada will ratify the
Final Agreement by signature of the responsible provincial and
federal Ministers and enactment of provincial and federal settlement
legislation.
Communications Branch
Ministry of Aboriginal Affairs
Box 9100 Stn. Prov. Gov’t.
Victoria, B.C.
V8W 9B1
Toll-free: 1-800-880-1022
Internet site:
http://www.aaf.gov.bc.ca/aaf/
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Nisga'a Final
