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Maa-nulth First Nations Final Agreement Act

[SBC 2007] CHAPTER 43

Schedule

Maa-nulth First Nations Final Agreement

CHAPTER 14 — REGIONAL GOVERNMENT

14.1.0  GENERAL

Status of Maa‑nulth First Nation Lands

14.1.1 Maa‑nulth First Nation Lands of a Maa‑nulth First Nation do not form part of any Municipality or Electoral Area and do not form part of any Regional District until that Maa‑nulth First Nation becomes a member of a Regional District in accordance with 14.3.0.

14.1.2 Nothing in this Agreement limits the ability of British Columbia to amalgamate two or more Regional Districts or to amend or divide the boundaries of a Regional District, Municipality or Electoral Area in accordance with Provincial Law.

14.1.3 British Columbia will Consult with each Maa‑nulth First Nation on any changes to the structure or boundaries of a Regional District that directly and significantly affect that Maa‑nulth First Nation.

Land Use Planning Protocols and Service Contracts

14.1.4 Each Maa‑nulth First Nation may enter into a land use planning protocol with a Local Government to coordinate and harmonize land use planning processes and land use decisions.

14.1.5 Each Maa‑nulth First Nation may enter into a service contract with a Local Government respecting:

a. services to be provided by that Local Government to that Maa‑nulth First Nation, its Maa‑nulth First Nation Lands or any resident of its Maa‑nulth First Nation Lands;

b. services to be provided by the Maa‑nulth First Nation Government of that Maa‑nulth First Nation to lands within the applicable Municipality or Regional District; or

c. the provision of any other services to which that Maa‑nulth First Nation and Local Government may agree.

14.1.6 Any service contract entered into between a Maa‑nulth First Nation and a Local Government in accordance with 14.1.5 will include a dispute resolution process, which may include the dispute resolution processes described in the Community Charter to resolve disputes between Local Governments.

14.1.7 Any contractual service agreement between a Local Government and a Maa‑nulth Indian Band in effect immediately before the Effective Date will remain in effect until such time as it is renegotiated or is terminated under the terms of such service agreement.

14.2.0  TRANSITION PERIOD ARRANGEMENTS

Representation on Regional District Boards

14.2.1 During the Transition Period, a Regional District may invite the applicable Maa‑nulth First Nation to participate in meetings of its Regional District Board or that Regional District Board's committees, on a non-voting basis, on matters of mutual interest.

14.2.2 During the Transition Period for the purposes of Electoral Area Director elections the Maa‑nulth First Nation Lands of the applicable Maa‑nulth First Nation are treated as if those lands are located within the boundaries of the applicable Electoral Area and the residents of those lands may participate and vote in applicable Electoral Area Director elections in accordance with Provincial Law.

14.2.3 At any time before four months before the 10th anniversary of the Effective Date, Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations may give written notice to British Columbia and the Comox-Strathcona Regional District of its intention to end the Transition Period and become a member of the Comox-Strathcona Regional District.

14.2.4 At any time before four months before the 10th anniversary of the Effective Date, Huu‑ay‑aht First Nations, Toquaht Nation, Uchucklesaht Tribe or Ucluelet First Nation may give written notice to British Columbia and the Alberni-Clayoquot Regional District of its intention to end its respective Transition Period and become a member of the Alberni-Clayoquot Regional District.

14.2.5 After receipt of notice in accordance with 14.2.3 or 14.2.4, the applicable Maa‑nulth First Nation and the applicable Regional District will meet to discuss the process to end the Transition Period.

14.2.6 Unless otherwise agreed by the applicable Maa‑nulth First Nation and the applicable Regional District and British Columbia, the Transition Period for that Maa‑nulth First Nation will end within four months of receipt of notification in accordance with 14.2.3 or 14.2.4.

Regional District Service Arrangements

14.2.7 Unless otherwise agreed by a Maa‑nulth First Nation and the applicable Regional District, during the Transition Period that Maa‑nulth First Nation will not participate in or be required to contribute to the cost of any Regional District service and that Regional District will have no corresponding obligation to provide any service to that Maa‑nulth First Nation, its Maa‑nulth First Nation Lands or any resident of its Maa‑nulth First Nation Lands.

14.3.0  MAA‑NULTH FIRST NATION REGIONAL DISTRICT MEMBERSHIP

14.3.1 On the Transition Date for the applicable Maa‑nulth First Nation, that Maa‑nulth First Nation will become a member of the applicable Regional District and appoint at least one Regional District Board Director to the applicable Regional District Board in accordance with 14.3.2 and its Maa‑nulth First Nation Lands will form part of the applicable Regional District.

14.3.2 As of the Transition Date, the number of Regional District Board Directors appointed by the applicable Maa‑nulth First Nation and the number of votes to which such directors are entitled is determined as if the Maa‑nulth First Nation Lands of that Maa‑nulth First Nation and the residents therein constituted a Municipality.

14.3.3 A Maa‑nulth First Nation that becomes a member of an applicable Regional District in accordance with this Chapter has the functions, powers, duties and obligations of a Municipal member of the applicable Regional District.

14.3.4 A Regional District Board Director appointed by a Maa‑nulth First Nation to the applicable Regional District Board in accordance with this Chapter will be an elected member of the Maa‑nulth First Nation Government of that Maa‑nulth First Nation.

14.3.5 A Regional District Board Director appointed by a Maa‑nulth First Nation to a Regional District Board in accordance with this Chapter has the functions, powers, duties and obligations of a Municipal director of the applicable Regional District Board.

14.4.0  SERVICE ARRANGEMENTS AFTER TRANSITION DATE

14.4.1 After the Transition Date, each Maa‑nulth First Nation will participate in, and contribute to the costs of, those services which Municipalities and Electoral Areas within the applicable Regional District are required to participate in and contribute to the cost of, in accordance with Provincial Law, including:

a. general administration; and

b. the applicable regional hospital district.

14.4.2 In accordance with 14.3.3, as a member of a Regional District each Maa‑nulth First Nation may participate in, and contribute to the costs of, the optional services provided by the Regional District including:

a. Vancouver Island Regional Library;

b. E-911 Emergency Telephone Service;

c. Tofino/Ucluelet Airport;

d. West Coast Landfill; and

e. other optional services provided by that Regional District.

14.4.3 Unless agreed to by a Maa‑nulth First Nation and the applicable Regional District, the annual contribution of that Maa‑nulth First Nation to the cost of the services which it will participate in and contribute to in accordance with 14.4.1 is based on the same cost apportionment method identified in section 804 (2) of the Local Government Act and section 24 of the Hospital District Act.

14.4.4 Subject to 14.4.1 and 14.4.2, unless otherwise agreed by a Maa‑nulth First Nation and the applicable Regional District, after the Transition Date, that Maa‑nulth First Nation will not participate in or be required to contribute to the cost of any Regional District service, and that Regional District will have no obligation to provide any corresponding service to that Maa‑nulth First Nation, its Maa‑nulth First Nation Lands or any resident of its Maa‑nulth First Nation Lands.

14.4.5 Each Maa‑nulth First Nation has the same opportunity to participate in other services of the applicable Regional District as member Municipalities of that Regional District under the Local Government Act.

14.4.6 Where a Maa‑nulth First Nation agrees to participate in other services of the applicable Regional District, that Maa‑nulth First Nation will exit those services as member Municipalities of the applicable Regional District under the Local Government Act.

14.5.0  FORESHORE AGREEMENTS

14.5.1 British Columbia and each Maa‑nulth First Nation will enter into an agreement in accordance with 13.10.4 which will come into effect on the Effective Date, to provide the applicable Maa‑nulth First Nation Government with law-making authority in accordance with 14.5.2 in respect of the applicable Foreshore Area.

14.5.2 A Foreshore Agreement will:

a. identify the applicable Foreshore Area;

b. provide the Maa‑nulth First Nation Government of the applicable Maa‑nulth First Nation with law-making authority in relation to the Foreshore Area, comparable to the law-making authority of a Municipality in respect of:

i. the regulation of nuisances;

ii. the regulation of buildings and structures;

iii. the regulation of business;

iv. land use, planning, zoning and development; and

v. such other matters as a Maa‑nulth First Nation and British Columbia may agree to;

c. provide that if the Foreshore Area of that Maa‑nulth First Nation is located within the boundaries of a Municipality, that Municipality will not exercise law-making authority in respect of the matters listed in 14.5.2b. in relation to that Foreshore Area; and

d. provide that Federal Law or Provincial Law prevail to the extent of a Conflict with a law made by a Maa‑nulth First Nation Government in accordance with the Foreshore Agreement.

14.5.3 Before concluding an agreement in accordance with 14.5.1, British Columbia will Consult with Canada regarding the proposed Foreshore Agreements.

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