Incremental Treaty Agreements
Incremental Treaty Agreements allow First Nations and the Province to enjoy shared benefits
in advance of a Final Agreement. Incremental Treaty Agreements build trust among the parties,
create incentives to reach further milestones and provide increased certainty
over land and resources.
An Incremental Treaty Agreement is not a replacement for treaty. An Incremental Treaty Agreement
advances treaty-related benefits for the First Nations and the Province.
They are pre-treaty agreements, not Final Agreements.
Under the terms of the ITA, the Province will transfer to Lake Babine Nation four parcels of land that will support opportunities for forestry and eco-tourism, as well as providing $100,000 in capacity funding to help develop these opportunities. The ITA also identifies several other land parcels that would be transferred as the community proceeds through the treaty process and reaches an agreement-in-principle.
Under the terms of the ITA, the Province will transfer 10 Crown land parcels, totalling 607 hectares, to the three B.C. First Nations represented by the Kaska Dena Council – the Daylu Dena Council, Dease River First Nation and Kwadacha First Nation. The land transfers will provide a variety of opportunities, including the possible development of an RV park or rest site, guide outfitting-related activities, timber-processing facilities and an independent power project.
Under the terms of the ITA, the Ktunaxa receive approximately 242 hectares of Crown land located outside the Village of Nakusp in the Wensley Bench area. The land transfer will create new opportunities for local businesses interested in partnering with the Ktunaxa
Under the terms of the ITA the Ditidaht receive three land parcels totalling of approximately 350 hectares: one at ITA signing, one at an agreement in principle (AIP) signing, and one at a final agreement signing. These land parcels provide for recreational tourism development and the ongoing operation of a successful and popular forest recreation site.
Under the terms of the ITA, the Pacheedaht receive two land parcels totalling 418 hectares of land; one shortly following the ITA signing, one at an agreement in principle (AIP) signing and one at a final agreement signing. These land parcels have recreational tourism and accommodation development potential.
The signing of ITAs by the five First Nations, members of the Te'mexw Treaty Association, will provide them with land to create economic and commercial opportunities that support employment and new sources of revenue. Scia'new Nation (Beecher Bay), Malahat Nation, Snaw-naw-as Nation, Songhees Nation and T'Sou-ke Nation will own the lands in fee simple under a First Nation-designated company, and will be subject to the same federal and provincial laws and municipal bylaws and regulations as with any other privately held property.
The signing of ITAs by the two First Nations, members of the Tsimshian First Nations
Treaty Society, will create near-term economic opportunities in the community of
Terrace and surrounding area, as well as offer lands for community and/or cultural
purposes. Kitsumkalum and Kitselas will own the lands in fee simple.
They will remain under the jurisdiction of municipal government until
a final treaty is reached with each First Nation. Post-treaty, the ITA
lands will become treaty settlement lands.
The extension and amendment to the Incremental Treaty Agreement (ITA) will accelerate the
transfer of a 12.1-hectare parcel of land to support commercial tourism development, jobs
and economic opportunities around the Tla-o-qui-aht‘s Best Western Tin-Wis Resort.
Under the terms of the ITA signed in 2008, the land would have been transferred when the
Tla-o-qui-aht, B.C. and Canada initialled a final treaty agreement. Under the amended and
extended ITA, the land can be transferred much sooner, with the signing of an agreement-in-principle.
Signing of the agreement-in-principle triggers the transfer of a total 28.3 hectares in the resort
municipality of Tofino. The amendment to the ITA is part of B.C.‘s efforts to ensure First Nations
are able to benefit from treaty in advance of final agreements. B.C. is also providing $200,000 in
capacity funding to the Tla-o-qui-aht, the final payment of $600,000 associated with the ITA.
The Incremental Treaty Agreement between Tla-o-qui-aht First Nations and B.C. was the
first signed between the Province and a First Nation.
The Incremental Treaty Agreement was a four year agreement signed in November 2008 which
provided approximately 63 hectares of land and capacity building and communications
funding totalling $600,000 to Tla-o-qui-aht First Nations. These benefits are
considered an advance by B.C. of a portion of the provincial share of a future
treaty settlement package.
The Klahoose First Nation signed an Incremental Treaty Agreement on
March 5, 2009. Under the terms of the agreement, Klahoose First
Nation will receive $2.1 million, which they will use to purchase
Tree Farm Licence 10, and $150,000 in two instalments to advance
treaty negotiations and build economic development capacity. The
purchase of the tree farm licence will create jobs and new business
opportunities for the Klahoose and surrounding communities.
Under the terms of the ITA, Nazko First Nation will receive 275 hectares of Crown land.
The first transfer is of two parcels totalling more than 103 hectares, near the main Nazko
community west of Quesnel. The remainder of the lands are to be transferred upon ratification
of an Agreement in Principle. Early land transfers are considered an advance by B.C. of
a portion of the provincial share of a future treaty settlement package.