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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 20 — FISCAL RELATIONS

1. The Parties acknowledge that they each have a role in supporting the Tla'amin Nation, through direct or indirect financial support or through access to public programs and services, as set out in the Fiscal Financing Agreement or provided through other arrangements.

2. Every five years, or other periods as may be agreed, the Parties will negotiate and attempt to reach agreement on a Fiscal Financing Agreement that will:

a. set out the Agreed Upon Programs and Services, including, where appropriate, the recipients of those programs and services;

b. set out the responsibilities of each of the Parties in respect of the Agreed Upon Programs and Services;

c. set out the funding for Agreed Upon Programs and Services;

d. set out the Tla'amin Nation's contribution to the funding of Agreed Upon Programs and Services from its own source revenues as determined under paragraphs 4 and 5 of this Chapter;

e. set out mechanisms for the transfer of funds to the Tla'amin Nation from Canada or British Columbia;

f. set out procedures for:

i. the collection and exchange of information, including statistical and financial information, required for the administration of Fiscal Financing Agreements;

ii. dispute resolution in relation to Fiscal Financing Agreements;

iii. accountability requirements, including those respecting reporting and audit, of the Tla'amin Nation;

iv. negotiating the inclusion of additional programs and services to the list of Agreed Upon Programs and Services within a Fiscal Financing Agreement;

v. addressing exceptional circumstances and emergencies; and

vi. negotiation of subsequent Fiscal Financing Agreements; and

g. address other matters as agreed to by the Parties.

3. In negotiating a Fiscal Financing Agreement, the Parties will take into account:

a. the cost of providing, either directly or indirectly, Agreed Upon Programs and Services that are reasonably comparable to similar programs and services available in other communities of similar size and circumstance in southwestern British Columbia;

b. efficiency and effectiveness, including opportunities for economies of scale, in the provision of Agreed Upon Programs and Services, which may include, where appropriate, cooperative arrangements with other governments, First Nations or existing service providers;

c. the costs of operating Tla'amin Government;

d. existing levels of funding provided by Canada or British Columbia;

e. prevailing fiscal policies of Canada or British Columbia;

f. the location and accessibility of communities on Tla'amin Lands;

g. the jurisdictions, authorities, programs and services assumed by the Tla'amin Nation under this Agreement;

h. the desirability of reasonably stable, predictable and flexible fiscal arrangements;

i. changes in price and volume, which may include the number of individuals eligible to receive Agreed Upon Programs and Services; and

j. other matters as agreed to by the Parties.

4. In negotiating the Tla'amin Nation's contribution to the funding of Agreed Upon Programs and Services from its own source revenues under subparagraph 2.d, the Parties will take into account:

a. the capacity of the Tla'amin Nation to generate revenues;

b. the existing Tla'amin own source revenue arrangements negotiated under this Agreement;

c. the prevailing fiscal policies with respect to the treatment of First Nation own source revenue in self-government fiscal arrangements;

d. that own source revenue arrangements should not unreasonably reduce incentives for the Tla'amin Nation to generate revenues;

e. that the reliance of the Tla'amin Nation on fiscal transfers should decrease over time as it becomes more self-sufficient; and

f. other matters as agreed to by the Parties.

5. In negotiating the own source revenue contribution of the Tla'amin Nation to the funding of Agreed Upon Programs and Services under subparagraph 2.d, unless otherwise agreed:

a. own source revenue arrangements will not include:

i. Capital Transfer received under this Agreement, in the manner set out in the initial agreement in respect of own source revenues;

ii. resource revenue sharing under this Agreement, in the manner set out in the initial agreement in respect of own source revenues;

iii. proceeds from the sale of Tla'amin Lands or Other Tla'amin Lands;

iv. any federal or provincial payments under Fiscal Financing Agreements or other agreements for programs and services with the Tla'amin Nation;

v. interest, gains or other income from the investment or reinvestment of funds held in a Fish Fund established with funding received by the Tla'amin Nation from Canada for a purpose related to the implementation of this Agreement as set out in the initial agreement in respect of own source revenues, or as agreed to by the Parties, provided that the interest, gains or other income is reinvested in the fund or is used for a purpose or activity that is intended by the Parties to be funded from that fund;

vi. gifts or charitable donations;

vii. amounts received as compensation for specific losses or damages to property or assets;

viii. a Specific Claim Settlement; or

ix. other sources agreed to by the Parties; and

b. own source revenue arrangements will not permit:

i. Canada to benefit from the decision of British Columbia to vacate tax room or to transfer revenues or tax authorities to the Tla'amin Nation; or

ii. British Columbia to benefit from the decision of Canada to vacate tax room or to transfer revenues or tax authorities to the Tla'amin Nation.

6. Where the Parties do not reach agreement on a subsequent Fiscal Financing Agreement by the expiry date of an existing Fiscal Financing Agreement, the existing Fiscal Financing Agreement will:

a. continue in effect for up to two years from its original expiry date, or for such other period of time as the Parties may agree to in writing; and

b. terminate on the earlier of:

i. the expiry of the extended term determined in accordance with subparagraph 6.a; or

ii. the date of commencement of a subsequent Fiscal Financing Agreement.

7. Unless otherwise agreed by the Parties in a Fiscal Financing Agreement, the creation of the Tla'amin Government, the provision of the Tla'amin Nation's law-making authority under this Agreement or the exercise of the Tla'amin Nation's law-making authority does not create or imply any financial obligation or service responsibility on the part of any Party.

8. For greater certainty, when the Parties agree in the initial Fiscal Financing Agreement that Canada will provide one time federal funding to the Tla'amin Nation to establish a Fish Fund to support the provision of agreed upon implementation activities and Canada duly provides that funding, Canada has no further obligation to negotiate and attempt to reach agreement on the provision of additional federal funding for those implementation activities.

9. Any funding required for the purposes of the Fiscal Financing Agreement, or any other agreement that is reached as a result of negotiations that are required or permitted under any provision of this Agreement and that provides for financial obligations to be assumed by a Party, is subject to the appropriation of funds:

a. in the case of Canada, by Parliament;

b. in the case of British Columbia, by the Legislature; or

c. in the case of the Tla'amin Nation, by the Tla'amin Government.

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