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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

CHAPTER 8 — FOREST RESOURCES

FOREST RESOURCES

1. On the Effective Date, the Tla'amin Nation owns all Forest Resources on Tla'amin Lands.

2. Tla'amin Lands will be treated as Private Lands for the purposes of Provincial Law in relation to Forest Resources, Forest Practices and Range Practices.

3. The Tla'amin Nation, as owner, has the exclusive authority to determine, collect and administer any fees, rents, stumpage or charges, other than taxes, relating to Forest Resources on Tla'amin Lands.

4. The Tla'amin Nation may act through Tla'amin Government in exercising its authority under paragraph 3.

LAW-MAKING AUTHORITY

5. The Tla'amin Nation may make laws in relation to Forest Resources, Forest Practices and Range Practices on Tla'amin Lands.

6. Federal or Provincial Law prevails to the extent of a Conflict with a Tla'amin Law under paragraph 5.

TIMBER MARKING AND SCALING

7. Nothing in this Agreement confers authority on the Tla'amin Nation to make laws applicable to timber marks, timber marking and scaling and, for greater certainty, Provincial Law in relation to timber marks, timber marking and scaling applies to timber harvested on and transported off Tla'amin Lands.

MANUFACTURE AND EXPORT OF TIMBER

8. Timber Resources harvested from Tla'amin Lands will not be subject to any legal requirement for use or manufacturing in British Columbia under Provincial Law.

9. The Tla'amin Nation, or a person authorized by the Tla'amin Nation, may export Logs harvested from Tla'amin Lands in accordance with Federal Law and federal policy.

FOREST AND RANGE HEALTH

10. The Tla'amin Nation is responsible for the control of insects, diseases, invasive plants, animals or abiotic factors on Tla'amin Lands which may affect the health of Forest Resources on Tla'amin Lands.

11. Where Canada or British Columbia becomes aware of insects, diseases, invasive plants, animals or abiotic factors on Crown land that may threaten the health of Forest Resources on Tla'amin Lands, Canada or British Columbia, as the case may be, will notify the Tla'amin Nation.

12. Where the Tla'amin Nation becomes aware of insects, diseases, invasive plants, animals or abiotic factors on Tla'amin Lands that may threaten the health of Forest Resources on Crown land, the Tla'amin Nation will notify Canada or British Columbia, as the case may be.

13. Following notification by British Columbia or the Tla'amin Nation under paragraph 11 or 12, the Tla'amin Nation and British Columbia will use reasonable efforts to develop an appropriate response to minimize the impacts of such insects, diseases, invasive plants, animals or abiotic factors.

WILDFIRE SUPPRESSION AND CONTROL

14. Subject to the Wildfire Suppression Agreement entered into in accordance with paragraph 15 and subject to paragraphs 16 and 18, Provincial Law in respect of the protection of resources from wildfire and for wildfire prevention and control applies to Tla'amin Lands as Private Lands.

15. On the Effective Date, the Parties will enter into a Wildfire Suppression Agreement that will set out how the costs incurred by British Columbia for wildfire control on Tla'amin Lands for wildfires that originate on Tla'amin Lands will be shared by British Columbia, Canada and the Tla'amin Nation.

16. Subject to the limitations on the scope of the Tla'amin Nation's responsibility to pay wildfire control costs set out in the Wildfire Suppression Agreement, the Tla'amin Nation is responsible for one third of the costs incurred by British Columbia for wildfire control on Tla'amin Lands for wildfires that originate on such lands.

17. For greater certainty, the responsibility of the Tla'amin Nation under paragraph 16 for the costs incurred by British Columbia for wildfire control does not include responsibility for any costs associated with wildfire control costs off Tla'amin Lands.

18. British Columbia will respond to a wildfire originating on Tla'amin Lands on the same priority basis as for provincial Crown land and in accordance with any priorities set by the Minister.

19. For the purposes of paragraph 15:

a. unless terminated at the written request of the Tla'amin Nation, the Wildfire Suppression Agreement will remain in effect between the Tla'amin Nation and British Columbia on the same terms, subject to those terms which the Tla'amin Nation and British Columbia negotiate on a periodic basis; and

b. Canada's participation in the Wildfire Suppression Agreement will be limited to assuming a share of costs under that agreement for a period of 10 years commencing on the Effective Date.

20. Subject to any cost-sharing arrangement that may be in effect between Canada and British Columbia regarding wildfire suppression on lands provided under land claims agreements, Canada and British Columbia may, at their respective discretion, enter into new agreements from time to time in respect of Canada's continuing participation in the Wildfire Suppression Agreement following the 10 year period referred to in paragraph 19.b.

21. Nothing in paragraph 15 or 16 limits the ability of any Party to pursue legal action against third parties.

22. At the request of the Tla'amin Nation, or in accordance with Provincial Law, British Columbia may enter on Tla'amin Lands and assist in the provision of, or carry out, wildfire control.

FOREST RESEARCH PLOTS

23. On the Effective Date, the Tla'amin Nation will grant British Columbia a licence in accordance with subparagraph 51.d.v of the Lands Chapter, in the form set out in Document 10 of Appendix F-5, to enter on Tla'amin Lands for the purpose of conducting forestry related studies, tests and experiments for the research plots described in Part 8 of Appendix F-4 and identified for illustrative purposes in Part 9 of Appendix F-4.

24. British Columbia and the Tla'amin Nation will not materially change or alter the Forest Resources under the licence granted under paragraph 23 for the term of the licence.

FOREST ROADS

25. British Columbia will ensure that the road identified in Appendix M will be deactivated in accordance with Provincial Law.

26. For greater certainty, British Columbia will have no obligation or liability with respect to any permitted or non-permitted forest roads that are not:

a. identified in Appendix M; or

b. maintained by British Columbia under an agreement with the Tla'amin Nation.

THIRD PARTY RIGHTS AND FULFILLMENT OF OBLIGATIONS

27. British Columbia will ensure that on the Effective Date, the following cease to be valid in respect of their application to Tla'amin Lands:

a. any plan, permit or authorization associated with any agreement under the Forest Act or Range Act; and

b. any agreement under the Forest Act or Range Act.

28. Unless otherwise agreed by the Tla'amin Nation, British Columbia will ensure that any obligation that applies on Tla'amin Lands in respect of Forest Practices and Range Practices, including road deactivation and reforestation, will be fulfilled in accordance with Provincial Law.

29. The Tla'amin Nation will provide access to Tla'amin Lands at no cost to British Columbia and to any tenure holder whose rights cease to be valid under paragraph 27, and to their respective employees, agents, contractors, successors or assigns, so that they may fulfill the obligations referred to in paragraphs 27 and 28.

INFORMATION SHARING

30. British Columbia and the Tla'amin Nation agree to share information from time to time in respect of Forest Practices and Range Practices on Tla'amin Lands and on provincial Crown land immediately adjacent to Tla'amin Lands.

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