PREAMBLE |
CHAPTER 1 — DEFINITIONS |
CHAPTER 2 — GENERAL PROVISIONS |
| Nature of Agreement |
| Agreement Is Binding |
| Representation and Warranty |
| Nisg̱a'a Culture and Language |
| Constitution of Canada |
| Application of Federal and Provincial Laws |
| Other Rights, Benefits, and Programs |
| Judicial Determinations in Respect of Validity |
| Full and Final Settlement |
| Nisg̱a'a Section 35 Rights |
| Modification |
| Release |
| Consultation |
| Provincial Law |
| Indemnities |
| Other Aboriginal People |
| Amendment Provisions |
| Freedom of Information and Privacy |
| Obligation to Negotiate |
| Conflict and Inconsistency |
| Entire Agreement |
| Interpretation |
| No Implied Waiver |
| Time of the Essence |
| Assignment |
| Enurement |
| Notice |
CHAPTER 3 — LANDS |
| Nisg̱a'a Lands |
| Mineral Resources |
| Submerged Lands Within Nisg̱a'a Lands |
| Interests on Nisg̱a'a Lands |
| Site Remediation |
| Nisg̱a'a Fee Simple Lands Outside Nisg̱a'a Lands |
| Federal Acquisition of Interests in Nisg̱a'a Lands and Nisg̱a'a Fee Simple Lands |
| Initial Surveys |
| Commercial Recreation Tenure |
| Heritage Sites and Key Geographic Features |
| Parks and Ecological Reserve |
| Water Volumes |
| Schedule A — Boundary Resolution |
| Schedule B — List of Sites |
| Schedule C — Water Volumes |
CHAPTER 4 — LAND TITLE |
| Federal Title Legislation |
| Provincial Torrens System |
| Application for Indefeasible Title |
| Land Title Fees |
| Nisg̱a'a Certificate |
| Registration of Indefeasible Title |
| Deprivation of Estate |
| Cancellation of Indefeasible Title |
| Application of Provincial Torrens System |
CHAPTER 5 — FOREST RESOURCES |
| Definitions |
| Ownership of Resources |
| Applicable Laws and Standards |
| Timber Harvesting |
| Forest Fires and Forest Health |
| Timber Processing |
| Economic Considerations |
| Forest Resources Outside Nisg̱a'a Lands |
CHAPTER 6 — ACCESS |
| Nisg̱a'a Public Lands |
| Navigable Waters |
| Crown Access to Nisg̱a'a Lands |
| Nisg̱a'a Access to Other Lands |
| Access to Fee Simple Properties |
CHAPTER 7 — ROADS AND RIGHTS OF WAY |
| Rights of Way General |
| Nisg̱a'a Highway |
| Secondary Provincial Roads |
| Crown Roads |
| Nisg̱a'a Roads General |
| Private Roads |
| Utilities General |
| Schedule A — Nisg̱a'a Highway Corridor |
| Schedule B — Gravel Materials Pits on Nisg̱a'a Lands |
CHAPTER 8 — FISHERIES |
| General |
| Salmon |
| Enhancement |
| Steelhead |
| Non-salmon Species and Aquatic Plants |
| Fisheries Management |
| Lisims Fisheries Conservation Trust |
| Participation in the General Commercial Fishery |
| Herring Roe-on-Kelp Study |
| International Arrangements |
| Processing Facilities |
| Schedule A — Nisg̱a'a Fish Allocations for Salmon |
| Schedule B — Overages and Underages |
| Schedule C — System of Salmon Equivalencies |
| Schedule D — Determination of the Nisg̱a'a Fish Allocation of Steelhead |
| Schedule E — Nisg̱a'a Fish Allocations of Non-salmon Species or Aquatic Plants |
| Schedule F — Provisional Schedule of Lisims Fisheries Conservation Trust Settlement Amounts |
| Schedule G — Provisional Schedule of Funding under Paragraph 111 of the Fisheries Chapter |
CHAPTER 9 — WILDLIFE AND MIGRATORY BIRDS |
| General |
| Nass Wildlife Area |
| Designated Species |
| Entitlements and Allocations |
| Wildlife Management |
| Trade, Barter, and Sale of Wildlife |
| Trapping |
| Guiding |
| Migratory Birds |
| Other |
| Schedule A — Nisg̱a'a Wildlife Allocations of Designated Species |
| Schedule B — Unregistered Traplines Wholly or Partially on Nisg̱a'a Lands on the Effective Date |
| Schedule C — Traplines Wholly Outside Nisg̱a'a Lands Held by Nisg̱a'a Citizens |
| Schedule D — Streams in Nisg̱a'a Angling Guide Licence |
CHAPTER 10 — ENVIRONMENTAL ASSESSMENT AND PROTECTION |
| Environmental Assessment |
| Environmental Protection |
CHAPTER 11 — NISG̱A'A GOVERNMENT |
| Self-Government |
| Recognition of Nisg̱a'a Lisims Government and Nisg̱a'a Village Governments |
| Legal Status and Capacity |
| Nisg̱a'a Constitution |
| Nisg̱a'a Government Structure |
| Elections |
| Appeal and Review of Administrative Decisions |
| Register of Laws |
| Relations with Individuals Who Are Not Nisg̱a'a Citizens |
| Transitional Provisions |
| Legislative Jurisdiction and Authority |
| Emergency Preparedness |
| Other Matters |
| Nisg̱a'a Government Liability |
| Other Provinces and Territories |
CHAPTER 12 — ADMINISTRATION OF JUSTICE |
| Police Services |
| Community Correction Services |
| Nisg̱a'a Court |
| Review |
CHAPTER 13 — INDIAN ACT TRANSITION |
| General |
| Continuation of Indian Act By-laws |
| Status of Bands and Transfer of Band Assets |
| Nisg̱a'a Tribal Council |
CHAPTER 14 — CAPITAL TRANSFER AND NEGOTIATION LOAN REPAYMENT |
| Capital Transfer |
| Negotiation Loan Repayment |
| Schedule A — Provisional Schedule of Capital Transfer Amounts |
| Schedule B — Loan Repayment Amounts |
| Prepayments |
CHAPTER 15 — FISCAL RELATIONS |
| Definitions |
| Interpretation |
| Fiscal Financing Agreements |
| Own Source Revenue Agreements |
| Own Source Revenue Administration |
CHAPTER 16 — TAXATION |
| Direct Taxation |
| Other Taxation and Tax Administration Agreements |
| Section 87 Exemption |
| Remission Orders |
| Valuation Time |
| Nisg̱a'a Lands |
| Nisg̱a'a Capital |
| Taxation Agreement |
CHAPTER 17 — CULTURAL ARTIFACTS AND HERITAGE |
| General |
| Return of Nisg̱a'a Artifacts |
| Access to Other Collections |
| Protection of Heritage Sites |
| Other Nisg̱a'a Artifacts |
| Human Remains |
CHAPTER 18 — LOCAL AND REGIONAL GOVERNMENT RELATIONSHIPS |
CHAPTER 19 — DISPUTE RESOLUTION |
| Definitions |
| General |
| Scope: When this Chapter Applies to a Disagreement |
| Disagreements to Go Through Stages |
| Stage One: Collaborative Negotiations |
| Stage Two: Facilitated Processes |
| Negotiating Conditions |
| Settlement Agreement |
| Stage Three: Adjudication — Arbitration |
| Effect of Arbitral Award |
| Application of Legislation |
| Stage Three: Adjudication — Judicial Proceedings |
| Notice to Parties |
| Costs |
CHAPTER 20 — ELIGIBILITY AND ENROLMENT |
| Eligibility Criteria |
| Other Land Claims Agreements |
| Applicants |
| Enrolment Committee |
| Application to Remove Applicants from Enrolment Register |
| Enrolment Appeal Board |
| Judicial Review |
| Funding |
| Dissolution of Enrolment Committee and Enrolment Appeal Board |
| Nisg̱a'a Nation Responsibilities for Enrolment |
CHAPTER 21 — IMPLEMENTATION |
| Implementation Committee |
CHAPTER 22 — RATIFICATION |
| General |
| Ratification by the Nisg̱a'a Nation |
| Ratification by Canada |
| Ratification by British Columbia |
| Adoption of the Nisg̱a'a Constitution |
MAP OF NISG̱A'A LANDS |