B.C. Claims Task Force Report

4. Interim Measures Agreements

Treaty negotiations in British Columbia are likely to take some time. Therefore, the parties must balance their conflicting interests until these negotiations are concluded. One method is the use of interim measures agreements.

Interim measures agreements are an important early indicator of the sincerity and commitment of the parties to the negotiation of treaties. To protect interests prior to the beginning of negotiations, the federal and provincial governments must provide notice to First Nations of proposed developments in their traditional territories and, where required, initiate negotiations for an interim measures agreement. This issue is of particular interest to First Nations because, as was outlined in the historical background, the current legislative framework does not protect aboriginal interests in any meaningful way.

Interim measures agreements may affect the management and use of lands, sea, and resources and the creation of new interests. They may facilitate the access to and development of resources, often a useful means of dealing in a preliminary or experimental way with a contentious issue, or provide transition to implementation of the treaty.

These interim measures agreements are not intended as substitutes for the terms of the treaty. The parties must be careful that the negotiation of these agreements does not displace the negotiations toward a treaty.

Settlement of an interim measures agreement shall not limit the scope of negotiations, nor preclude any party from advancing propositions in the negotiations which are different from the agreement.

The range of options for interim measures agreements includes:

1. notification to affected parties before action is taken concerning matters which are or may be the subject of negotiations;
2. consultation with parties affected by any proposed action;
3. consent of one of the parties before action is taken;
4. joint management processes requiring consensus of all the parties;
5. restriction or moratorium on the alienation of land or resources.

The option must fit the circumstances. The proper way to achieve this is through negotiations.

Negotiations on interim measures will often occur at the Framework Agreement stage. However, any party must be able to initiate the negotiation of an interim measures agreement at any time. This is especially important in the case of those First Nations who are not ready to negotiate Framework Agreements.

In resource sectors, the uncertainty caused by unresolved issues affects the management of the resource and the stability of the industry. To protect the First Nations and all others having an interest in the resource, the parties should consider negotiation of sector wide interim measures agreements. These could be negotiated on a regional or province wide basis.

The implementation of interim measures agreements may require changes in existing policies, legislation and regulations. Where existing legislation or regulations are a barrier to interim measures agreements, the provincial and federal governments are urged to enact enabling legislation or regulations which will give effect to such agreements including those authorizing resource management arrangements not contemplated in current legislative or regulatory schemes.

16. The parties negotiate interim measures agreements before or during the treaty negotiations when an interest is being affected which could undermine the process.

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