Key Agreements Land and Resources

Key Agreements - Land and Resources

The Province develops land and resource agreements with First Nations and other parties to enhance economic opportunities, support social development, and in some cases, support the negotiation of treaties with First Nations.

Forest Consultation and Revenue Sharing Agreements

British Columbia has introduced a new type of forestry agreement, the Forest Consultation and Revenue Sharing Agreement (FCRSA) that provides First Nation communities with economic benefits returning directly to their community based on harvest activities in their traditional territory. The changes to the revenue sharing model will reflect what is happening ‘on the ground’ in First Nations communities so that for the first time, communities will see more direct economic benefits returning from harvest activities taking place in their traditional territory. As the forest sector recovers, the amount of revenues shared with First Nations will increase.

For a complete list of agreements click on Forest Consultation and Revenue Sharing Agreements.

Strategic Engagement Agreements

Strategic Engagement Agreements (SEA) with First Nations are intended to encourage a positive and respectful government-to-government relationship, strengthen B.C.’s investment climate and establish mutually agreed upon procedures for consultation and accommodation. Entering into SEAs with First Nations is one of many tools being used by government to support the New Relationship and Transformative Change Accord objectives. For those First Nations who chose to also enter the treaty process, SEAs can help to build the mechanisms to support decision making in a post-treaty environment. For First Nations not in the treaty process, SEAs provide an opportunity to take a more active role in the decision making process and develop a stronger government to government relationship with the province.

Tahltan Nation Shared Decision-making Agreement – signed March 14, 2013
A government-to-government agreement with the province that establishes a collaborative framework for ongoing land and resource decision-making in Tahltan traditional territory in northwest B.C. Encompassing 90,000 square kilometres, the territory includes many environmentally and culturally significant areas. To implement the agreement, B.C. is providing Tahltan Nation $1.2 million over three years. The agreement is another step in realizing a new relationship between B.C. and the Tahltan Nation as outlined in the Northwest Transmission Line Government-to-Government Framework Agreement. This also builds on the Dec. 18, 2012 announcement by B.C., Shell and the Tahltan of an agreement to resolve the status of natural-gas tenure in the Klappan area.

Stó:lo First Nations Strategic Engagement Agreement Pilot - signed June 12, 2012
An 18-month pilot project with 12 Stó:lo First Nations to create more streamlined consultation processes for industry and promote more effective engagement between government and First Nations in the upper Fraser Valley. The project will help create more effective business procedures for administering applications and referrals for First Nations, government and industry.

Kaska Dena Council Strategic Engagement Agreement - signed March 27, 2012
A $1.3 million agreement that enables B.C. and the Kaska Dena Council to cooperatively achieve timely turn-around objectives for reviewing resource permits. It does so by setting out agreed-to levels of engagement that will help create increased economic benefits.

Whóoshtin yan too.aat / Land and Resource Management and Shared Decision Making Agreement - signed July 19, 2011
A government-to-government agreement worth up to $650,000 between the Province and Taku River Tlingit First Nation that establishes a collaborative framework for the implementation of the Atlin Taku Land Use Plan and ongoing land and resource decision-making in Taku River Tlingit First Nation territory.

Ktunaxa Strategic Engagement Agreement - signed October 22, 2010
A $1.65 million strategic agreement between the Province and Ktunaxa Nation that will result in more co-operative decision-making and lead to increased certainty for resource activities in Ktunaxa Territory.

Tsilhqot'in Strategic Engagement Agreement – amended August 2011
A $1.26 million strategic agreement, ratified by the parties in 2009, between the Province and Tsilhqot'in National Government streamlines consultation on natural resource decisions, provides increased certainty for investors and builds on government's New Relationship with B.C. Aboriginal communities.

Nanwakolas Strategic Engagement Agreement – Renewed Dec. 2012
The B.C. government's first-ever strategic engagement agreement (SEA) was renewed for another three years. The renewal gives the Nanwakolas Nations improved opportunities, information and resources necessary to participate in natural resource activity in their traditional territory, while increasing investment certainty and strengthening Nanwakolas's relationship with the provincial government. The renewed SEA adds two additional Nanwakolas Nations – the 'Namgis and We Wai Kai – to the agreement. These additions also provide an additional 1.1 million hectares to the agreement, which now covers approximately 4.5 million hectares on north-eastern Vancouver Island and the mainland coast.'

Economic and Community Development Agreements

Economic and Community Development Agreements (ECDA) are agreements between Government and First Nations for sharing the direct mineral tax revenue on new mines and major mine expansions.

Ktunaxa Nation Economic and Community Development Agreement – signed on Jan. 29, 2013
The revenue-sharing agreement between the Province and four Ktunaxa Nation communities ensures the communities benefit from resource development within their traditional territory.

Nak'azdli First Nation Economic and Community Development Agreement – signed June 12, 2012
The agreement between the Province and Nak'azdli First Nation supports economic opportunity and provides greater certainty for the Mt Milligan Mine project over the life of its operation.

McLeod Lake Indian Band Economic and Community Development Agreement – signed August 25, 2010
A revenue-sharing agreement between the Province of British Columbia and the McLeod Lake Indian Band to share mineral tax royalties from the Mt. Milligan Mine.

Stk'emlupsemc of the Secwepemc Nation Economic and Community Development Agreement – signed August 24, 2010
A mining revenue-sharing agreement between the Province of British Columbia and the Stk'emlupsemc of the Secwepemc Nation to share mineral tax royalties from the New Afton Mine.

Atmospheric Benefit Sharing Agreements

Atmospheric Benefit Sharing Agreements (ABSA) enable First Nations to sell carbon credits. Specifically, these agreements clarify First Nations ownership and the right to sell tonnes of carbon in local or international carbon markets. The agreements are in effect from the date that BC and each of the First Nations sign them, and continue until March 31, 2025. Each of these agreements will be reviewed every five years. These agreements are not stand alone, they can only be entered into if the First Nation has signed a Reconciliation Protocol agreement.

A key component to enable these agreements is the Forest Carbon Offset Protocol (FCOP), developed in coordination between the Province and the Pacific Carbon Trust. The FCOP provides guidance for the procedures used in the modelling of forest ecosystem carbon.

Coast First Nations ABSA - signed September 28, 2011
An agreement signed by seven central and north coast First Nations enabling them to sell carbon credits in local or international carbon markets.

Coastal First Nations ABSA Haisla Inclusion Amendment Agreement - signed November 21, 2011
An amendment to the Coast First Nations ABSA adds the Haisla First Nations to the agreement.

Coastal First Nations ABSA Additional Percentage Amendment Agreement - signed April 26, 2012
An amendment to the Coastal First Nations ABSA allows them to distribute additional available atmospheric benefits.

Haida Nation Atmospheric Benefit Sharing Agreement - signed March 23, 2012
The agreement enables the Haida sell carbon credits in local or international carbon markets

Nanwakolas First Nations Atmospheric Benefit Sharing Agreement - signed March 23, 2012
An agreement signed by five coastal First Nations enabling them to sell carbon credits in local or international carbon markets.

Nanwakolas First Nations ABSA Additional Percentage Amendment Agreement - signed July 9, 2012
An amendment to the Nanwakolas First Nations ABSA allows them to distribute additional available atmospheric benefits.

First Nations Clean Energy Business Fund Revenue-sharing Agreements

The First Nations Clean Energy Business Fund (FNCEBF) is described in Section 20 provisions of the Clean Energy Act. The purpose of the fund is to promote increased First Nation participation in the clean energy sector within their asserted traditional territories and treaty areas through agreements between the B.C. government and the eligible First Nations. Revenue-sharing from clean energy projects is based on new, net, incremental revenues to government derived from water rentals, land rents and, eventually, wind participation rents.

Tahltan Nation First Nations Clean Energy Business Fund Revenue Sharing Agreement – signed March 14, 2013. Through the revenue-sharing agreement, the Tahltan will receive a portion of water rentals and land rents charged by the Province for the Forrest Kerr hydroelectric project. Once the project is fully operational, the revenue to Tahltan is forecast to be approximately $2.5 million per year over the life of the project.

Other Agreements

MOU between BC and the UBCM on Local Government Participation in the New Relationship with First Nations - signed September 26, 2012
The Government of British Columbia and Union of BC Municipalities (UBCM) memorandum of understanding (MOU) recommits the parties to work together on matters related to First Nations. This includes a process for local government participation in the negotiation and implementation of treaties and a promise to consult and exchange information with local governments on the provincial government’s approach to initiatives outside the treaty process. It replaces two previously signed MOUs.

Fort Nelson First Nation Economic Benefits Agreement – signed June 8, 2012 and Oil and Gas Consultation Agreement – signed June 12, 2012
The Economic Benefits Agreement provides the Fort Nelson First Nation with a share of the revenues generated from resources development in their treaty territory. The Oil and Gas Consultation Agreement lays out a consultation process and time lines for referrals for petroleum and natural gas tenures and oil and gas development permitting activities between the Fort Nelson First Nation, Ministry of Energy and Mines and Oil and Gas Commission.

Sts'ailes First Nation Memorandum of Understanding – signed November 1, 2011
Through the MOU, government and the First Nation will work together to create a more collaborative, coordinated and efficient approach to the management of land and natural resources; and develop new economic opportunities and initiatives that enable Sts'ailes to make progress toward their socio-economic objectives.

Tahltan Framework Agreement – signed May 16, 2011
The Tahltan Nation and the Province of BC signed a government-to-government agreement regarding the parties' commitments with respect to the development of the Northwest Transmission Line (NTL). The agreement provides commitments from BC to negotiate future agreements related to shared decision-making, economic opportunities through revenue sharing, managing social and cultural changes and planning for energy development associated with the NTL project.

Tse Key Nay Agreement for Reclamation, Remediation and Monitoring of Mine Sites – Signed February 25, 2009 The Tse Key Nay (Takla Lake, Kwadacha and Tsay Key Dene First Nations) and the Province of British Columbia have entered into an agreement to develop and implement a Reclamation, Remediation and Monitoring Plan to address current and historic mining sites within the asserted territories of the Takla Lake, Kwadacha and Tsay Key Dene First Nations.

Blueberry River First Nations Agreements – Final Agreement signed September 29, 2008
The Province and Blueberry River First Nations signed a Final Agreement which unites an Economic Benefits Agreement and seven Resource Management Agreements.

Treaty 8 First Nations Agreements – Final Agreement signed May 20, 2009
The Province and three Treaty 8 First Nations – Doig River First Nation, West Moberly First Nations and Prophet River First Nation – signed a Final Agreement which unites an Amended Economic Benefits Agreement and eight Resource Management Agreements.

Kwadacha First Nation Final Agreement – Signed November 27, 2008
The Kwadacha First Nation's final agreement with BC Hydro and the Province addresses historic damages that occurred from the creation and operation of the W.A.C. Bennett Dam and Williston Reservoir.

Tsay Kay Dene Williston Reservoir – Bennett Dam Agreement in Principle – Signed August 31, 2009
The Province of British Columbia and BC Hydro signed a final agreement with the Tsay Keh Dene Band that addresses the impacts that occurred from the creation and operation of the W.A.C. Bennett Dam and Williston Reservoir.

Clayoquot Sound Interim Measures Extension Agreement – Signed March 31 2009
The Province supports the Central Region Chiefs' Administration and the Central Region Board, a joint BC/First Nations body that provides First Nations and local government input into the management of the lands and resources of Clayoquot Sound. The board reviews resource development plans, applications, permits, decisions, reports or recommendations made by ministries, agencies or panels. The Hawiih (Hereditary Chiefs) of the Tla–o–qui–aht, Ahousaht, Hesquiaht, Toquaht and Ucluelet First Nations and the Province signed the first interim measures agreement in 1994.