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This Act is current to November 1, 2017
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

Schedule

Maa-nulth First Nations Final Agreement

CHAPTER 6 — ROLE OF MAA‑NULTH FIRST NATIONS WITHIN MAA‑NULTH FIRST NATION AREAS

6.1.0  GENERAL

6.1.1 Each Maa‑nulth First Nation has a role related to economic activities, governance activities and cultural activities within its Maa‑nulth First Nation Area in accordance with the specific provisions of this Agreement identified in this Chapter.

6.2.0  ECONOMIC ACTIVITIES

6.2.1 Nothing in this Agreement precludes each Maa‑nulth First Nation from participating in or benefiting from provincial benefits-sharing programs in accordance with the general criteria established for those programs from time to time.

6.2.2 Nothing in this Agreement precludes each Maa‑nulth First Nation from entering into arrangements for economic opportunities with third parties, providing those arrangements are consistent with this Agreement.

6.2.3 Resource revenue payments are provided to each Maa‑nulth First Nation by Canada and British Columbia in accordance with 17.1.3.

6.2.4 Commercial fishing opportunities are provided to the Maa‑nulth First Nations through licences issued to the Maa‑nulth First Nations in accordance with the Maa‑nulth Harvest Agreement negotiated in accordance with 10.2.1.

6.2.5 The opportunity to add land to its Maa‑nulth First Nation Lands is provided to each Maa‑nulth First Nation in accordance with 2.10.0.

6.2.6 The opportunity to apply for commercial recreation tenures on provincial Crown land is provided to each Maa‑nulth First Nation in accordance with 2.13.0.

6.2.7 The opportunity to apply for shellfish aquaculture tenures is provided to each Maa‑nulth First Nation in accordance with 10.2.10.

6.3.0  GOVERNANCE ACTIVITIES

6.3.1 Nothing in this Agreement precludes any Maa‑nulth First Nation from participating in processes or institutions, including processes or institutions that may address matters of shared decision-making, or benefits from future provincial programs, policies or initiatives of general application to First Nations as British Columbia develops a new relationship with First Nations.

6.3.2 The opportunity to participate in fisheries related management activities in the Domestic Fishing Area through the Joint Fisheries Committee is provided to the Maa‑nulth First Nations in accordance with 10.4.3 and 10.4.8.

6.3.3 The opportunity to participate in any regional fisheries committee with respect to an area that includes all or part of the Domestic Fishing Area is provided to the Maa‑nulth First Nations in accordance with 10.4.17.

6.3.4 The opportunity to participate in any public fisheries management advisory process that encompasses all or a portion of the Domestic Fishing Area is provided to the Maa‑nulth First Nations in accordance with 10.4.27.

6.3.5 The opportunity to be Consulted on the proposed establishment of a public fisheries management advisory process for the west coast of Vancouver Island is provided to the Maa‑nulth First Nations in accordance with 10.4.28.

6.3.6 The opportunity to be Consulted by Canada on a process for participants to enter a new emerging commercial fishery off the west coast of Vancouver Island and how the fishery should be allocated among participants is provided to the Maa‑nulth First Nations in accordance with 10.2.6.

6.3.7 The opportunity to participate in any public Wildlife advisory committee in respect of the Wildlife Harvest Area is provided to each Maa‑nulth First Nation in accordance with 11.10.1.

6.3.8 The opportunity to negotiate an agreement with British Columbia on a process to evaluate uses and Dispositions of provincial Crown land that may impact a Maa‑nulth First Nation's reasonable opportunity to harvest Wildlife is provided to that Maa‑nulth First Nation in accordance with 11.1.6.

6.3.9 The opportunity to negotiate an agreement with British Columbia on a process to evaluate uses and Dispositions of provincial Crown land that may impact a Maa‑nulth First Nation's reasonable opportunity to harvest Migratory Birds is provided to that Maa‑nulth First Nation in accordance with 12.1.6.

6.3.10 The opportunity to negotiate an agreement with British Columbia on a process to evaluate uses and Dispositions of provincial Crown land that may impact a Maa‑nulth First Nation's reasonable opportunity to harvest Fish and Aquatic Plants is provided to that Maa‑nulth First Nation in accordance with 10.1.11.

6.3.11 The opportunity to be Consulted by Canada and to request negotiation of an agreement regarding certain matters relating to any National Park or National Marine Conservation Area wholly or partially within its Maa‑nulth First Nation Area is provided to each Maa‑nulth First Nation in accordance with 23.10.1 and 23.10.2.

6.3.12 The opportunity to participate in any management or planning process with respect to any Provincial Protected Area in its Maa‑nulth First Nation Area is provided to each Maa‑nulth First Nation in accordance with 24.5.1.

6.3.13 The opportunity to be Consulted by British Columbia regarding certain matters relating to the preparation and modification of any management plan for a Provincial Protected Area wholly or partially within its Maa‑nulth First Nation Area is provided to each Maa‑nulth First Nation in accordance with 24.5.6.

6.3.14 The opportunity to be Consulted by Canada before the establishment of any National Park or National Marine Conservation Area that is wholly or partially within its Maa‑nulth First Nation Area is provided to each Maa‑nulth First Nation in accordance with 23.9.1.

6.3.15 The opportunity to consent or withhold consent to the removal of a part of a National Park or National Marine Conservation Area that is within its Maa‑nulth First Nation Area, except where it is a part of Pacific Rim National Park Reserve, is provided to each Maa‑nulth First Nation in accordance with 23.9.2.

6.3.16 The opportunity to participate in the design and conduct and receive the results of studies in relation to enlarging a National Park or National Marine Conservation Area within its Maa‑nulth First Nation Area is provided to each Maa‑nulth First Nation in accordance with 23.9.3.

6.3.17 The opportunity to be Consulted by British Columbia regarding the creation of any new Provincial Protected Area in its Maa‑nulth First Nation Area is provided to each Maa‑nulth First Nation in accordance with 24.1.3.

6.3.18 The opportunity to be involved in an Environmental Assessment in respect of a Federal Project or a Provincial Project located within its Maa‑nulth First Nation Area is provided to each Maa‑nulth First Nation in accordance with 22.2.1 and 22.3.1, respectively.

6.3.19 The opportunity to negotiate an agreement with British Columbia that will provide each Maa‑nulth First Nation Government with law-making authority in relation to the applicable Foreshore Area is provided to each Maa‑nulth First Nation in accordance with 14.5.1.

6.3.20 The opportunity to participate in the applicable Regional District Board is provided to each Maa‑nulth First Nation in accordance with 14.2.0.

6.3.21 The ability to make laws in respect of the adoption of Maa‑nulth First Nation Children residing in British Columbia is provided to each Maa‑nulth First Nation Government in accordance with 13.15.3.

6.3.22 The opportunity to negotiate an agreement with British Columbia regarding Child Protection Services for Maa‑nulth‑aht who reside in British Columbia is provided to each Maa‑nulth First Nation in accordance with 13.16.8a.

6.3.23 The opportunity to negotiate an agreement with British Columbia regarding the provision of kindergarten to grade 12 education for its Maa‑nulth‑aht who reside in British Columbia is provided to each Maa‑nulth First Nation in accordance with 13.20.5b.

6.4.0  CULTURAL ACTIVITIES

6.4.1 The ability to practice the Nuu‑chah‑nulth culture and to use the Nuu‑chah‑nulth language in a manner consistent with this Agreement is provided to Maa‑nulth‑aht in accordance with the right described in 21.1.1.

6.4.2 The ability to exercise its Maa‑nulth First Nation Renewable Resource Harvesting Right in its Renewable Resource Harvesting Area is provided to the applicable Maa‑nulth First Nation in accordance with 23.1.1.

6.4.3 The ability to exercise its right to Trade and Barter renewable resources harvested under its Maa‑nulth First Nation Renewable Resource Harvesting Right, among themselves or with other aboriginal people of Canada resident in British Columbia, is provided to each Maa‑nulth First Nation in accordance with 23.2.1.

6.4.4 The ability to have access to a National Park or National Marine Conservation Area that is wholly or partially within the Maa‑nulth First Nation Areas, without a fee being charged is provided to Maa‑nulth‑aht in accordance with 23.9.4.

6.4.5 The opportunity to provide names for key geographic features in the Maa‑nulth First Nation Areas is provided to the Maa‑nulth First Nations in accordance with 20.7.0.

6.4.6 The ability to exercise its Maa‑nulth First Nation Right to Gather Plants in Provincial Protected Areas wholly or partially within its Maa‑nulth First Nation Area is provided to each Maa‑nulth First Nation in accordance with 24.6.1.

6.4.7 The ability to exercise its right to Trade and Barter Plants, and the boughs, burls and roots of Timber gathered under its Maa‑nulth First Nation Right to Gather Plants, among themselves or with other aboriginal people of Canada resident in British Columbia, is provided to each Maa‑nulth First Nation in accordance with 24.6.11.

6.4.8 The ability to exercise its Maa‑nulth First Nation Fishing Right in its Domestic Fishing Area is provided to each Maa‑nulth First Nation in accordance with 10.1.1.

6.4.9 The ability to exercise its right to Trade and Barter Fish and Aquatic Plants harvested under its Maa‑nulth First Nation Fishing Right, among themselves or with other aboriginal people of Canada, is provided to each Maa‑nulth First Nation in accordance with 10.1.4.

6.4.10 The ability to exercise its Maa‑nulth First Nation Right to Harvest Wildlife in the Wildlife Harvest Area is provided to each Maa‑nulth First Nation in accordance with 11.1.1.

6.4.11 The ability to exercise its right to Trade and Barter Wildlife, Wildlife parts, including meats and furs, harvested under its Maa‑nulth First Nation Right to Harvest Wildlife, among themselves or with other aboriginal people of Canada resident in British Columbia, is provided to each Maa‑nulth First Nation in accordance with 11.12.0.

6.4.12 The ability to exercise its Maa‑nulth First Nation Right to Harvest Migratory Birds in the Migratory Birds Harvest Area is provided to each Maa‑nulth First Nation in accordance with 12.1.1.

6.4.13 The ability to exercise its right to Trade and Barter Migratory Birds under its Maa‑nulth First Nation Right to Harvest Migratory Birds, among themselves or with other aboriginal people of Canada resident in British Columbia, is provided to each Maa‑nulth First Nation in accordance with 12.2.1.

6.4.14 The opportunity to enter into an agreement with British Columbia regarding the harvest of Monumental Cedar and Cypress for Cultural Purposes on provincial Crown land is provided to each Maa‑nulth First Nation in accordance with 21.3.0.

6.4.15 The opportunity for Toquaht Nation to negotiate an agreement regarding the Stopper Islands with British Columbia concerning measures to protect cultural, recreational and environmental values and Toquaht Nation's participation in the management planning of those islands, is provided to Toquaht Nation in accordance with 21.4.1.

6.4.16 The opportunity for Huu‑ay‑aht First Nations to negotiate an agreement regarding Diana Island with British Columbia concerning measures to protect cultural, recreational and environmental values and Huu‑ay‑aht First Nations' participation in the management planning of that island, is provided to Huu‑ay‑aht First Nations in accordance with 21.5.1.

6.4.17 The commitment of British Columbia to establish Thunderbird's Nest (T'iitsk'in Paawats) Protected Area and the opportunity for Uchucklesaht Tribe to negotiate and attempt to reach agreement with British Columbia regarding arrangements for the participation of Uchucklesaht Tribe in the management planning of Thunderbird's Nest (T'iitsk'in Paawats) Protected Area is provided to Uchucklesaht Tribe in accordance with 24.3.0 and 24.1.5 respectively.

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