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This Act is current to October 3, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Maa-nulth First Nations Final Agreement Act

[SBC 2007] CHAPTER 43

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 Maa-nulth First Nations, Canada and British Columbia have negotiated the Maa-nulth First Nations 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 Maa-nulth First Nations Final Agreement embodies the principles of this New Relationship, including mutual respect, recognition and reconciliation of Aboriginal rights and title;

AND WHEREAS the Maa-nulth First Nations Final Agreement requires that British Columbia enact legislation to give effect to the Maa-nulth First Nations 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, "Maa‑nulth First Nations Final Agreement" means the Maa‑nulth First Nations Final Agreement among the Maa‑nulth First Nations, 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 Maa‑nulth First Nations Final Agreement, unless the context requires otherwise.

Treaty and land claims agreement

2   The Maa‑nulth First Nations Final Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Maa‑nulth First Nations Final Agreement

3   (1) The Maa-nulth First Nations 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 Maa-nulth First Nations Final Agreement.

(3) Nothing in this Act that provides for a matter that is already provided for in the Maa-nulth First Nations Final Agreement in any way limits this section.

Authorization to sign Maa‑nulth First Nations Final Agreement

4   The Lieutenant Governor in Council may authorize a member of the Executive Council to sign the Maa‑nulth First Nations Final Agreement.

Maa‑nulth First Nations Final Agreement binding and can be relied on

5   The Maa‑nulth First Nations 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 section 1.8.1 of Chapter 1 [General Provisions] of the Maa‑nulth First Nations Final Agreement, the Maa‑nulth First Nations Final Agreement prevails to the extent of an inconsistency or a Conflict with Provincial Law.

(2) As set out in section 1.8.2 of Chapter 1 [General Provisions] of the Maa‑nulth First Nations Final Agreement, Provincial Settlement Legislation prevails over other Provincial Law to the extent of a Conflict.

Maa‑nulth First Nations' ownership of lands

7   (1) In this section, "estate in fee simple" means the estate in fee simple within the meaning of the Maa‑nulth First Nations Final Agreement.

(2) On the Effective Date,

(a) each Maa‑nulth First Nation owns the estate in fee simple in the Maa‑nulth First Nation Lands as identified for the Maa‑nulth First Nation in section 2.1.1 of Chapter 2 [Lands], and

(b) the Ucluelet First Nation owns the estate in fee simple in the Other Maa‑nulth First Nation Lands as identified in section 2.2.1 of that chapter.

Judicial or administrative proceedings

8   (1) As provided in section 25.13.1 of Chapter 25 [Dispute Resolution] of the Maa‑nulth First Nations Final Agreement, if, in any judicial or administrative proceeding, an issue arises in respect of

(a) the interpretation or validity of the Maa‑nulth First Nations Final Agreement, or

(b) the validity or applicability of Settlement Legislation or a Maa‑nulth First Nation 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 applicable Maa‑nulth First 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 section 25.13.2 of Chapter 25 [Dispute Resolution] of the Maa‑nulth First Nations 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 applicable Maa‑nulth First Nation may appear and participate in the proceeding as parties with the same rights as any other party to the proceeding.

Maa‑nulth First Nations participation in regional hospital district

9   (1) Until a Maa‑nulth First Nation is a member of a regional district, the residents of the Maa‑nulth First Nation Lands of the Maa‑nulth First Nation, and individuals who would be non-resident property electors, as defined in the Local Government Act, if those lands were in an electoral area, may participate in a regional hospital district, subject to the letters patent of the regional hospital district, as if those treaty lands were in the electoral area in which those residents and individuals are eligible to vote under section 262 of the Local Government Act.

(2) A Maa‑nulth First Nation that is a member of a regional district in relation to all or a portion of its Maa‑nulth First Nation Lands must participate in a regional hospital district as a member in respect of those Maa‑nulth First Nation Lands that, in whole or in part, are within both the regional district and the regional hospital district.

Authorization to enter into agreements

10   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 Maa‑nulth First Nations Final Agreement.

Tax treatment agreement

11   (1) In this section, "tax treatment agreement" means the tax treatment agreement referred to in sections 19.6.1 and 19.6.2 of Chapter 19 [Taxation] of the Maa-nulth First Nations 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 amending agreement setting out the amendment 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 agreement referred to in sections 19.6.1 and 19.6.2 of Chapter 19 of the Maa-nulth First Nations Final Agreement, or an agreement amending the tax treatment agreement, and may sign the agreement or amending agreement before or after it has been approved by the Lieutenant Governor in Council.

(4) As provided in section 1.15.2 of Chapter 1 [General Provisions] of the Maa-nulth First Nations Final Agreement, the tax treatment agreement does not form part of the Maa-nulth First Nations Final Agreement and is not a treaty or land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982.

Harvest Agreement

12   (1) In this section, "Harvest Agreement" means the Maa‑nulth Harvest Agreement referred to in section 10.2.1 of Chapter 10 [Fisheries] of the Maa‑nulth First Nations Final Agreement, substantially in the form published under subsection (4), and includes amendments to the Harvest Agreement from the time an amending agreement referred to in subsection (2), setting out the amendments, is published under subsection (4).

(2) The minister charged with the administration of the Fisheries Act has the authority to enter into the Harvest Agreement, and an agreement amending the harvest agreement in accordance with the terms of the Harvest Agreement, on behalf of Her Majesty the Queen in right of British Columbia.

(3) As provided in section 1.15.2 of Chapter 1 [General Provisions] of the Maa‑nulth First Nations Final Agreement, the Harvest Agreement does not form part of the Maa‑nulth First Nations Final Agreement and is not a treaty or land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982.

(4) The minister charged with the administration of this Act must publish the Harvest Agreement and an amending agreement referred to in subsection (2), in the Gazette.

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 Maa‑nulth First Nation Fishing Right for the purposes of and in accordance with sections 10.4.30 to 10.4.38 of Chapter 10 [Fisheries] of the Maa‑nulth First Nations Final Agreement.

Forest Act tenures

13.1   (1) All rights to harvest timber, and all rights associated with a right to harvest timber, in Maa-nulth First Nation Lands under an agreement referred to in section 12 of the Forest Act are extinguished.

(2) If an agreement referred to in subsection (1) applies only to Maa-nulth First Nation Lands, the agreement is cancelled.

(3) If an agreement referred to in subsection (1) applies both to Maa-nulth First Nation Lands and to other lands, the agreement is cancelled insofar as it applies to Maa-nulth First Nation Lands.

Foreshore agreements

13.2   (1) In this section:

"applicable Maa-nulth First Nation", in respect of a foreshore agreement, means the Maa-nulth First Nation that is a party to the foreshore agreement;

"applicable regional district" means the Alberni – Clayoquot Regional District or the Strathcona Regional District, as applicable, in which an identified area is located;

"foreshore agreement" means an agreement with a Maa-nulth First Nation required under section 14.5.1 [foreshore agreements] of the Maa-nulth First Nations Final Agreement and includes an amendment to the agreement published under subsection (4);

"identified area" means the area identified, in a foreshore agreement, for the purposes of section 14.5.2 a. of the Maa-nulth First Nations Final Agreement.

(2) Within an identified area, the applicable Maa-nulth First Nation may

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

(b) enforce laws enacted under the delegation.

(3) The law-making authority in respect of a matter that is delegated under a foreshore agreement is limited to authority comparable to the authority of a municipality in respect of the same matter.

(3.1) If a person is convicted of an offence against a Maa-nulth First Nation Law enacted under law-making authority delegated to a Maa-nulth First Nation in a foreshore agreement, in addition to any penalty provided for in the Maa-nulth First Nation Law, on application by the applicable Maa-nulth First 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.

(3.2) An order under subsection (3.1) must specify the duration of the order, which may not exceed one year.

(3.3) A person who fails to comply with an order under subsection (3.1) 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.

(3.4) For the purposes of section 13.33.7 of Chapter 13 [Governance] of the Maa-nulth First Nations Final Agreement, a fine imposed in a prosecution of an offence under subsection (3.3) is deemed to be a fine imposed for a violation of a Maa-nulth First Nation Law of the applicable Maa-nulth First Nation.

(3.5) If a person is convicted of an offence against a law referred to in subsection (3.1) of this section, on application by the applicable Maa-nulth First 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 applicable Maa-nulth First 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 that Maa-nulth First 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 applicable Maa-nulth First Nation the costs incurred by that Maa-nulth First Nation in investigating and prosecuting the person.

(3.6) In the case of a dispute, the amount of compensation payable under subsection (3.5) (a) must be proven on a balance of probabilities by the applicable Maa-nulth First Nation.

(3.7) An order under subsection (3.5) may be enforced as a judgment of the court for the recovery of a debt in the amount stated against the person named.

(4) The minister must publish foreshore agreements, and any amendments to foreshore agreements, in the Gazette.

(5) On and after the date the first amendment to the foreshore agreement that applies to an identified area comes into effect, for the term of the foreshore agreement,

(a) the applicable 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 requisitions,

(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 applicable regional district in relation to any matter, except the matters described in paragraph (a) (i) to (iii), do not apply in that identified area.

(6) Subsection (4) of section 795.5 of the Local Government Act, R.S.B.C. 1996, c. 323, to the extent it applied in respect of a bylaw of an applicable regional district immediately before the repeal of that section by the Tla'amin Final Agreement Act, continues to apply, to the bylaw, as the subsection read immediately before that repeal.

(7) If, on the date the first amendment to a foreshore agreement comes into effect, the applicable Maa-nulth First Nation has not enacted a law under a law-making authority delegated by that amendment, a bylaw, if any, of the applicable regional district in respect of the delegated matter, that applied in the applicable identified area immediately before that date

(a) is deemed to have been enacted by the applicable Maa-nulth First Nation under the foreshore agreement,

(b) until amended by the applicable Maa-nulth First Nation to provide differently, may be enforced by the applicable Maa-nulth First 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 applicable Maa-nulth First Nation as if it has been enacted by the applicable Maa-nulth First Nation.

(8) Subsections (6) and (7) cease to have effect in respect of a delegated law-making authority,

(a) in the case of subsection (6), 6 months after the date the repeal of section 795.5 of the Local Government Act, R.S.B.C. 1996, c. 323, by the Tla'amin Final Agreement Act comes into force, and

(b) in the case of subsection (7), 6 months after the amendment to the foreshore agreement under which the delegation is made comes into effect,

unless, before the end of the applicable 6-month period, the applicable Maa-nulth First Nation has amended an applicable bylaw, in which case, the bylaw is deemed to be a law of that Maa-nulth First Nation enacted under the delegated authority.

Collection of personal information

14   (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 Maa‑nulth First Nations Final Agreement.

Application of Municipal Finance Authority Act

15   The Municipal Finance Authority Act does not apply in relation to Maa‑nulth First Nation Lands.

Retroactive effect of Chapters 26 and 28

16   (1) For the purposes of determining the eligibility of individuals for enrolment under the Maa‑nulth First Nations Final Agreement, enrolling individuals under the Maa‑nulth First Nations Final Agreement and ratifying that agreement by the Maa‑nulth First Nations,

(a) Chapters 26 [Eligibility and Enrolment] and 28 [Ratification] of that agreement are conclusively deemed to have come into force on December 9, 2006 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 26 and 28 of the Maa‑nulth First Nations Final Agreement had been in force on December 9, 2006 are conclusively deemed to have been validly done, and

(c) a person, committee or board is conclusively deemed to have had since December 9, 2006 the powers, privileges and immunities the person, committee or board would have had if Chapters 26 and 28 of the Maa‑nulth First Nations Final Agreement had been in force on December 9, 2006.

(2) Each of the following bodies, despite the Personal Information Protection Act, is conclusively deemed to have had, on and after December 9, 2006, lawful authority to collect, use and disclose personal information as necessary for determining the eligibility of individuals for enrolment under the Maa‑nulth First Nations Final Agreement, enrolling individuals under the Maa‑nulth First Nations Final Agreement and ratifying that agreement by the Maa‑nulth First Nations, all in accordance with the processes required by that agreement:

(a) the enrolment committee established under section 26.4.1 of Chapter 26 [Eligibility and Enrolment] of the Maa‑nulth First Nations Final Agreement;

(b) the ratification committee established under section 28.2.3 of Chapter 28 [Ratification] of the Maa‑nulth First Nations Final Agreement.

(3) A body referred to in subsection (2) of this section 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

17   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 Maa‑nulth First Nations Final Agreement.

Interim regulations

18   (1) Despite this or any other Act, after consulting with the Maa‑nulth First Nations, the Lieutenant Governor in Council may make regulations consistent with the Maa‑nulth First Nations 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 Maa‑nulth First Nations Final Agreement, an agreement contemplated by the Maa‑nulth First Nations 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 Maa‑nulth First Nations Final Agreement, or an agreement contemplated by the Maa‑nulth First Nations 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 Maa‑nulth First Nations Final Agreement, an agreement contemplated by the Maa‑nulth First Nations Final Agreement, this Act or an Act affected by the Maa‑nulth First Nations 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 Maa‑nulth First Nations Final Agreement or an agreement contemplated by the Maa‑nulth First Nations 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 Maa‑nulth-aht ends under section 19.5.1 a. or b. of Chapter 19 [Taxation] of the Maa‑nulth First Nations Final Agreement,

(b) in relation to the membership of a Maa‑nulth First Nation in a regional district, for 2 years after the Maa‑nulth First Nation becomes a member of the regional district, and

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

Retroactive validation — transfers free of Land Act
reservations and exceptions

18.1   Despite section 18 (4) of this Act, section 5 of the Maa-nulth First Nations Final Agreement Interim Regulation, B.C. Reg. 55/2011, is confirmed and validated and has continuing effect on and after April 1, 2011.

Consequential Amendments

[Note: See Table of Legislative Changes for the status of sections 19 to 30.]

Section(s) Affected Act
19–29 Final Agreement Consequential Amendments Act, 2007
30 Treaty First Nation Taxation Act

Commencement

31   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 3 and 5 to 15By regulation of the Lieutenant Governor in Council
3Section 16December 9, 2006
4Section 17 to 30By regulation of the Lieutenant Governor in Council

Contents | Sections 1 to 31 | 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 | Schedule - Chapter 27 | Schedule - Chapter 28 | Schedule - Chapter 29 | Appendix - Contents | Appendix - Introduction | Appendix A | Appendix B | Appendix C | Appendix D | Appendix E | Appendix F | Appendix G | Appendix H | Appendix I | Appendix J | Appendix K | Appendix L | Appendix M | Appendix N | Appendix O | Appendix P | Appendix Q | Appendix R | Appendix S | Appendix T | Appendix U | Appendix V | Appendix W | Appendix X | Appendix Y