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This Act is current to February 27, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Tla'amin Final Agreement Act

[SBC 2013] CHAPTER 2

Preamble

WHEREAS the recognition and reconciliation of the prior presence of Aboriginal peoples and the assertion of sovereignty by the Crown is of significant social and economic importance to all British Columbians;

AND WHEREAS Canadian courts have stated that this reconciliation is best achieved through negotiation and agreement, rather than through litigation;

AND WHEREAS, in order to achieve this reconciliation, representatives of the Tla'amin Nation, Canada and British Columbia have negotiated the Tla'amin Final Agreement in a process facilitated by the British Columbia Treaty Commission;

AND WHEREAS British Columbia is building a New Relationship with First Nations and working to close the social and economic gaps that exist between Aboriginal and non-Aboriginal people;

AND WHEREAS the Tla'amin Final Agreement embodies the principles of this New Relationship, including mutual respect, recognition and reconciliation of Aboriginal rights and title;

AND WHEREAS the Tla'amin Final Agreement requires that British Columbia enact legislation to give effect to the Tla'amin Final Agreement;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1   (1) In this Act, "Tla'amin Final Agreement" means the Tla'amin Final Agreement among the Tla'amin Nation, Her Majesty the Queen in right of Canada and Her Majesty the Queen in right of British Columbia set out in the Schedule, and includes

(a) that agreement as it is given effect by an Act of Canada, and

(b) amendments to that agreement made in accordance with it.

(2) Words and expressions used in this Act have the same meanings as they have in the Tla'amin Final Agreement, unless the context requires otherwise.

Treaty and land claims agreement

2   The Tla'amin Final Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Tla'amin Final Agreement

3   (1) The Tla'amin Final Agreement is approved, given effect and declared valid and has the force of law.

(2) Without limiting subsection (1), a person or body

(a) has the powers, rights, privileges and benefits conferred, and

(b) must perform the duties and is subject to the liabilities imposed

on the person or body by the Tla'amin Final Agreement.

(3) Nothing in this Act that provides for a matter that is already provided for in the Tla'amin Final Agreement in any way limits this section.

Authorization to sign Tla'amin Final Agreement

4   The Lieutenant Governor in Council may authorize a member of the Executive Council to sign the Tla'amin Final Agreement.

Tla'amin Final Agreement binding and can be relied on

5   The Tla'amin Final Agreement is binding on, and can be relied on by, all persons.

Relationship between final agreement and legislation

6   (1) As set out in paragraph 10 of Chapter 2 [General Provisions] of the Tla'amin Final Agreement, the Tla'amin Final Agreement prevails to the extent of an inconsistency or a Conflict with Provincial Law.

(2) As set out in paragraph 12 of Chapter 2 of the Tla'amin Final Agreement, Provincial Settlement Legislation prevails over other Provincial Laws to the extent of a Conflict.

Tla'amin Nation's ownership of lands

7   (1) In this section, "estate in fee simple" means the estate in fee simple within the meaning of the Tla'amin Final Agreement.

(2) On the Effective Date, the Tla'amin Nation owns the estate in fee simple in the following lands:

(a) Tla'amin Lands, as identified in paragraph 1 of Chapter 3 [Lands] of the Tla'amin Final Agreement, except the Lund Hotel Parcels;

(b) Other Tla'amin Lands, as identified in paragraph 2 of Chapter 3 of the Tla'amin Final Agreement.

Judicial or administrative proceedings

8   (1) As provided in paragraph 40 of Chapter 26 [Dispute Resolution] of the Tla'amin Final Agreement, if, in any judicial or administrative proceeding, an issue arises in respect of

(a) the interpretation or validity of the Tla'amin Final Agreement, or

(b) the validity or applicability of Settlement Legislation or a Tla'amin Law,

the issue must not be decided until the party raising the issue has properly served notice on the Attorney General of British Columbia, the Attorney General of Canada and the Tla'amin Nation.

(2) The notice required under subsection (1) must

(a) describe the judicial or administrative proceeding in which the issue arises,

(b) state whether the issue arises in respect of the matters referred to in subsection (1) (a) or (b) or both,

(c) state the day on which the issue is to be argued,

(d) give particulars necessary to show the point to be argued, and

(e) be served at least 14 days before the day of argument unless the court or tribunal authorizes a shorter notice.

(3) As provided in paragraph 41 of Chapter 26 of the Tla'amin Final Agreement, in a judicial or administrative proceeding to which subsection (1) applies, the Attorney General of British Columbia, the Attorney General of Canada and the Tla'amin Nation may appear and participate in the proceeding as parties with the same rights as any other party to the proceeding.

Agricultural Land Reserve

9   (1) Despite sections 2 and 16 of the Agricultural Land Commission Act, on the Effective Date, agricultural land, as defined in the Agricultural Land Commission Act, that is identified in Appendix E as "Former Agricultural Land Reserve" is excluded from the agricultural land reserve.

(2) Despite section 2 of the Agricultural Land Commission Act, on the Effective Date, the Provincial Agricultural Land Commission must amend the land reserve plan in accordance with subsection (1) of this section and provide notice to the Tla'amin Nation and the registrar of titles that the amendment has been made.

(3) Despite section 2 of the Agricultural Land Commission Act, section 21 of that Act does not apply in relation to a subdivision plan of Tla'amin Lands deposited in the land title office on the Effective Date for the purposes of registering those lands in the name of the Tla'amin Nation.

Tla'amin Nation participation in regional hospital district

10   If, on the Effective Date, the letters patent of the Powell River Regional Hospital District have not been amended to include and designate the treaty lands of the Tla'amin Nation as a member of the district, those letters patent are deemed amended for that purpose.

Authorization to enter into agreements

11   The Lieutenant Governor in Council may authorize a member of the Executive Council to enter into, on behalf of Her Majesty the Queen in right of British Columbia, an agreement that is contemplated by the Tla'amin Final Agreement.

Tax treatment agreement

12   (1) In this section, "tax treatment agreement" means the tax treatment agreement referred to in paragraphs 22 and 23 of Chapter 21 [Taxation] of the Tla'amin Final Agreement, which agreement

(a) is substantially in the form approved by the Lieutenant Governor in Council, and

(b) has been signed by the parties and published by the minister in the Gazette,

and includes an amendment to the tax treatment agreement made in accordance with the terms of the tax treatment agreement if the agreement amending the tax treatment agreement satisfies both paragraphs (a) and (b) of this subsection.

(2) The tax treatment agreement is given effect and declared valid and its provisions have the force of law during the period they are in effect.

(3) The minister charged with the administration of the Financial Administration Act is authorized to enter into the tax treatment agreement, or an agreement amending the tax treatment agreement, and may sign the tax treatment agreement or agreement amending the tax treatment agreement before or after it has been approved by the Lieutenant Governor in Council.

(4) As provided in paragraph 82 of Chapter 2 [General Provisions] of the Tla'amin Final Agreement, the tax treatment agreement does not form part of the Tla'amin Final Agreement and is not a treaty or land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Harvest documents

13   The minister charged with the administration of the Wildlife Act has the authority to issue and amend licences, permits or other documents in respect of the Tla'amin Fishing Right for the purposes of and in accordance with paragraphs 76 to 81 of Chapter 9 [Fisheries] of the Tla'amin Final Agreement.

Forest Act tenures

14   (1) In this section:

"allowable annual cut" has the same meaning as in the Forest Act;

"compensation" includes damages;

"forest minister" means the minister charged with the administration of the Forest Act;

"timber supply area" has the same meaning as in the Forest Act;

"tree farm licence area" has the same meaning as in the Forest Act.

(2) All rights to harvest timber, and all rights associated with a right to harvest timber, in Tla'amin Lands under an agreement referred to in section 12 of the Forest Act are extinguished.

(3) If the tree farm licence area of a tree farm licence under section 12 of the Forest Act is partly within Tla'amin Lands,

(a) within 21 days after the Effective Date, the forest minister, by written order effective on the Effective Date, must reduce the allowable annual cut available to the holder of the tree farm licence,

(b) the Tla'amin Lands included in the tree farm licence area are deleted from that tree farm licence area, and

(c) the tree farm licence is

(i) cancelled insofar as it applies to Tla'amin Lands, and

(ii) deemed amended to reflect the extinguishment under subsection (2), the deletion under paragraph (b) and the cancellation under subparagraph (i).

(4) If a timber supply area is partly within Tla'amin Lands,

(a) within 21 days after the Effective Date, the forest minister, by written order effective on the Effective Date, may reduce the allowable annual cut for each forest licence under section 12 of the Forest Act that is in the timber supply area, and

(b) any forest licence under section 12 of the Forest Act affected by a reduction under paragraph (a) is deemed amended to reflect the extinguishment under subsection (2), and any reduction under paragraph (a).

(5) If the land to which a road permit under section 12 of the Forest Act applies is partly Tla'amin Lands,

(a) the Tla'amin Lands to which the road permit applies are deleted from that area, and

(b) the road permit is

(i) cancelled insofar as it applies to Tla'amin Lands, and

(ii) deemed amended to reflect the deletion under paragraph (a) and the cancellation under subparagraph (i).

(6) An allowable annual cut reduction under subsection (3) (a) or (4) (a) is deemed, for the purposes of the definition of "allowable annual cut", to be an allowable annual cut reduction made under the Forest Act.

(7) The government must pay to a holder of an agreement referred to in subsection (2), (3), (4) or (5) compensation, in the amount determined in accordance with regulations under this section, for or in respect of any of the following:

(a) harvesting rights or associated rights taken by

(i) an extinguishment under subsection (2),

(ii) an allowable annual cut reduction under subsection (3) (a) or (4) (a),

(iii) a deletion under subsection (3) (b) or (5) (a),

(iv) a cancellation under subsection (3) (c) or (5) (b), or

(v) a deemed amendment under subsection (3) (c), (4) (b) or (5) (b);

(b) improvements, attached to or forming part of Tla'amin Lands,

(i) that were constructed by the holder, or

(ii) in respect of which the holder purchased rights;

(c) an order under subsection (11);

(d) prescribed matters,

and, except as specified in those regulations, no compensation is payable for any effect of the Tla'amin Final Agreement on the holder's agreement.

(8) An action or other proceeding must not be brought or continued against the government for compensation to which subsection (7) applies in an amount that exceeds the amount authorized by regulations referred to in that subsection.

(9) An extinguishment of harvesting rights or associated rights under subsection (2), an allowable annual cut reduction under subsection (3) (a) or (4) (a), a deletion of land under subsection (3) (b) or (5) (a), a cancellation under subsection (3) (c) or (5) (b), a deemed amendment under subsection (3) (c), (4) (b) or (5) (b) or an order under subsection (11) does not constitute an expropriation within the meaning of the Expropriation Act.

(10) If the government and the holder of an agreement under section 12 of the Forest Act do not agree on the amount of compensation payable under subsection (7) of this section, the matter must be submitted for determination under the Commercial Arbitration Act.

(11) The forest minister, by written order, may require the holder of an agreement referred to in subsection (2), (3), (4) or (5) to deactivate, in accordance with the requirements under the Forest and Range Practices Act, a road constructed or maintained under the agreement and located in the Tla'amin Lands that were subject to the agreement.

(12) An order under subsection (11) must specify

(a) the location of the road,

(b) the date by which the deactivation must be completed,

(c) the right of the forest minister to carry out the deactivation and recover the costs under section 74 (3) (b) and (c) of the Forest and Range Practices Act, and

(d) the right of the forest minister to impose an administrative penalty under section 74 (3) (d) of the Forest and Range Practices Act for a failure to comply with the order.

(13) Section 74 (3) to (8) of the Forest and Range Practices Act applies to an order under subsection (11) of this section as if the order were an order under section 74 (1) of the Forest and Range Practices Act.

(14) As soon as practicable after making an order under subsection (3) (a), (4) (a) or (11), the forest minister must give, in accordance with section 110 of the Forest and Range Practices Act, a copy of the order to the holder of the agreement affected by that order.

(15) The Lieutenant Governor in Council may make regulations for the purposes of this section, including, without limitation, establishing

(a) the matters in respect of, and the circumstances in which, compensation may be paid, and

(b) a method for determining the amount of compensation in respect of those matters and circumstances.

(16) Regulations under subsection (15) may be different for different classes of agreements, holders, matters or circumstances.

Foreshore agreement

15   (1) In this section:

"foreshore agreement" means the agreement required under paragraph 48 of Chapter 3 [Lands] of the Tla'amin Final Agreement and includes an amendment to that agreement that is published under subsection (3);

"identified area" means the area identified, in the foreshore agreement, for the purposes of paragraph 49 a. of Chapter 3 of the Tla'amin Final Agreement.

(2) Within the identified area, the Tla'amin Nation may

(a) exercise law-making authority delegated to it under the foreshore agreement, and

(b) enforce laws enacted under the delegation.

(2.1) If a person is convicted of an offence against a Tla'amin Law enacted under law-making authority delegated to the Tla'amin Nation in the foreshore agreement, in addition to any penalty provided for in the Tla'amin Law, on application by the Tla'amin Nation, the court may make an order

(a) prohibiting the person from doing any act or engaging in any activity that may, in the court's opinion, result in the continuation or repetition of the offence, and

(b) directing the person to take any action the court considers appropriate to remedy the harm that resulted from the commission of the offence.

(2.2) An order under subsection (2.1) must specify the duration of the order, which may not exceed one year.

(2.3) A person who fails to comply with an order under subsection (2.1) commits an offence and is liable on conviction to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or to both.

(2.4) For the purposes of section 169 of Chapter 15 [Governance] of the Tla'amin Final Agreement, a fine imposed in a prosecution of an offence under subsection (2.3) is deemed to be a fine imposed for a violation of a Tla'amin Law.

(2.5) If a person is convicted of an offence against a law referred to in subsection (2.1), on application by the Tla'amin Nation for compensation, the court must give consideration to the application and, in addition to any penalty imposed, may order the convicted person

(a) to pay to the Tla'amin Nation compensation, in an amount that is not more than the monetary limit specified under the Small Claims Act, for any damage or loss sustained by the Tla'amin Nation because of the commission of the offence, and

(b) in accordance with the schedule of costs prescribed under section 132 (2) (h) of the Offence Act, if any, to pay to the Tla'amin Nation the costs incurred by the Tla'amin Nation in investigating and prosecuting the person.

(2.6) In the case of a dispute, the amount of compensation payable under subsection (2.5) (a) must be proven on a balance of probabilities by the Tla'amin Nation.

(2.7) An order under subsection (2.5) may be enforced as a judgment of the court for the recovery of a debt in the amount stated against the person named.

(3) The minister must publish the foreshore agreement, and any amendment to the foreshore agreement, in the Gazette.

(4) For the term of the foreshore agreement,

(a) the Powell River Regional District may not exercise any of its powers or perform any of its duties in the identified area, except

(i) powers and duties in relation to the services described in section 338 (2) (a) and (b) of the Local Government Act, including, without limitation, powers and duties in respect of elections and other voting, financial planning and borrowing, tax rates and exemptions, and requisitioning,

(ii) corporate powers under sections 229 and 263 of the Local Government Act, and

(iii) powers and duties in respect of a service under the Hospital District Act, and

(b) the bylaws of the Powell River Regional District in relation to any matter, except the matters described in paragraph (a) (i) to (iii), do not apply in the identified area.

(5) If, on the date the foreshore agreement comes into effect, the Tla'amin Nation has not enacted a law under a law-making authority delegated by the foreshore agreement, a bylaw, if any, of the Powell River Regional District in respect of the delegated matter, that applied in the identified area immediately before the coming into effect of the foreshore agreement

(a) is deemed to have been enacted by the Tla'amin Nation under the foreshore agreement,

(b) until amended by the Tla'amin Nation to provide differently, may be enforced by the Tla'amin Nation in the same manner and to the same extent as the bylaw was enforceable by the regional district, and

(c) may be amended or repealed by the Tla'amin Nation as if it has been enacted by the Tla'amin Nation.

(6) Subsection (5) ceases to have effect in respect of a delegated law-making authority 6 months after the date the foreshore agreement comes into effect, unless, before that date, the Tla'amin Nation has amended an applicable bylaw, in which case, the bylaw is deemed to be a law of the Tla'amin Nation enacted under the delegated law-making authority.

Collection of personal information

16   (1) In this section, "personal information" and "public body" have the same meanings as in the Freedom of Information and Protection of Privacy Act.

(2) A public body may collect personal information by a method authorized under the Tla'amin Final Agreement.

Application of Municipal Finance Authority Act

17   The Municipal Finance Authority Act does not apply in relation to Tla'amin Lands.

Retroactive effect of Chapters 22 and 23

18   (1) For the purposes of determining the eligibility of individuals for enrolment under the Tla'amin Final Agreement, enrolling individuals under the Tla'amin Final Agreement and ratifying that agreement by the Tla'amin Nation,

(a) Chapters 22 [Eligibility and Enrolment] and 23 [Ratification] of that agreement are conclusively deemed to have come into force on April 1, 2009 and are retroactive to the extent necessary to give them force and effect on and after that date,

(b) all things done that would have been validly done if Chapters 22 and 23 of the Tla'amin Final Agreement had been in force on April 1, 2009 are conclusively deemed to have been validly done, and

(c) a person, committee or board is conclusively deemed to have had since April 1, 2009 the powers, privileges and immunities the person, committee or board would have had if Chapters 22 and 23 of the Tla'amin Final Agreement had been in force on April 1, 2009.

(2) Each of the following bodies, despite the Personal Information Protection Act, is conclusively deemed to have had, on and after April 1, 2009, lawful authority to collect, use and disclose personal information as necessary for determining the eligibility of individuals for enrolment under the Tla'amin Final Agreement, enrolling individuals under the Tla'amin Final Agreement and ratifying that agreement by the Tla'amin Nation, all in accordance with the processes required by that agreement:

(a) the Enrolment Committee established under paragraph 12 of Chapter 22 of the Tla'amin Final Agreement;

(b) the Enrolment Appeal Board established under paragraph 21 of Chapter 22 of the Tla'amin Final Agreement;

(c) the Ratification Committee established under paragraph 5 of Chapter 23 of the Tla'amin Final Agreement.

(3) A body referred to in subsection (2) must comply with section 35 of the Personal Information Protection Act in relation to the personal information referred to in subsection (2) of this section as if the body were an organization as defined in that Act.

(4) This section must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Power to make orders and regulations

19   The Lieutenant Governor in Council may make the orders and regulations that the Lieutenant Governor in Council considers necessary or advisable for the purpose of carrying out any provision of the Tla'amin Final Agreement.

Interim regulations

20   (1) Despite this or any other Act, after consulting with the Sliammon Indian Band or the Tla'amin Nation, as the case may be, the Lieutenant Governor in Council may make regulations consistent with the Tla'amin Final Agreement as follows:

(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in this Act or another Act affected by the Tla'amin Final Agreement, an agreement contemplated by the Tla'amin Final Agreement or this Act;

(b) making provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of more effectively bringing into operation the Tla'amin Final Agreement, or an agreement contemplated by the Tla'amin Final Agreement, in accordance with its terms, including, without limitation, provisions giving authority to a person or body, or restricting the authority of a person or body, in accordance with that agreement;

(c) making provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in bringing into effect the Tla'amin Final Agreement, an agreement contemplated by the Tla'amin Final Agreement, this Act or an Act affected by the Tla'amin Final Agreement or other agreement, including, without limitation, provisions making an exception to or a modification of a provision in an Act or providing for the continued application of a previous enactment;

(d) resolving any errors, inconsistencies or ambiguities in this Act or another Act that arise in relation to the Tla'amin Final Agreement or an agreement contemplated by the Tla'amin Final Agreement.

(2) A regulation under subsection (1) may be made retroactive to a date not earlier than the Effective Date.

(3) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.

(4) A regulation under subsection (1) ceases to have effect at the end of the last day of the next session of the Legislative Assembly after the regulation is made.

(5) A regulation may not be made under subsection (1) if a regulation having the same effect has been made under that subsection.

(6) Regulations under subsection (1) may only be made,

(a) in relation to a tax, for 2 years after the date on which the exemption from the tax for a Tla'amin Citizen ends under paragraph 16 a. or b. of Chapter 21 [Taxation] of the Tla'amin Final Agreement, and

(b) in relation to any other matter, for 2 years after the Effective Date.

Consequential and Related Amendments

Section(s) Affected Act
21 Land Act
22-24 Land Title Act
25 Local Government Act
26 Maa-nulth First Nations Final Agreement Act
27 Yale First Nation Final Agreement Act

Commencement

28   The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

ItemColumn 1
Provisions of Act
Column 2
Commencement
1Anything not elsewhere covered by this tableThe date of Royal Assent
2Sections 1 to 3By regulation of the Lieutenant Governor in Council
3Sections 5 to 17By regulation of the Lieutenant Governor in Council
4Sections 19 and 20By regulation of the Lieutenant Governor in Council
5Schedule except Chapters 22 and 23By regulation of the Lieutenant Governor in Council
6Schedule Chapters 22 and 23April 1, 2009

Contents | Sections 1 to 28 | Schedule - Contents | Schedule - Preamble | Schedule - Chapter 1 | Schedule - Chapter 2 | Schedule - Chapter 3 | Schedule - Chapter 4 | Schedule - Chapter 5 | Schedule - Chapter 6 | Schedule - Chapter 7 | Schedule - Chapter 8 | Schedule - Chapter 9 | Schedule - Chapter 10 | Schedule - Chapter 11 | Schedule - Chapter 12 | Schedule - Chapter 13 | Schedule - Chapter 14 | Schedule - Chapter 15 | Schedule - Chapter 16 | Schedule - Chapter 17 | Schedule - Chapter 18 | Schedule - Chapter 19 | Schedule - Chapter 20 | Schedule - Chapter 21 | Schedule - Chapter 22 | Schedule - Chapter 23 | Schedule - Chapter 24 | Schedule - Chapter 25 | Schedule - Chapter 26 | Appendix - Contents | Appendix - Introduction | Appendix - Appendix A | Appendix - Appendix B | Appendix - Appendix C | Appendix - Appendix D | Appendix - Appendix E | Appendix - Appendix F | Appendix - Appendix G | Appendix - Appendix H | Appendix - Appendix I | Appendix - Appendix J | Appendix - Appendix K | Appendix - Appendix L | Appendix - Appendix M | Appendix - Appendix N | Appendix - Appendix O | Appendix - Appendix P | Appendix - Appendix Q | Appendix - Appendix R | Appendix - Appendix S | Appendix - Appendix T | Appendix - Appendix U | Appendix - Appendix V | Appendix - Appendix W | Appendix - Appendix X