Issuu on Google+

NStQ AIP Chapter Summaries Capital Transfer The transfer of capital refers to the funds paid by Canada and BC to NStQ under a Final Agreement. NStQ will receive a payment after signing the treaty, with annual payments being made each year for 10 years after that. There will also be millions of dollars budgeted for the start up costs for our new NStQ government. These funds are limited in time and for specific purposes. Before the Final Agreement, the parties will negotiate an agreement on the sharing of revenues that come from the territory. The cost of the loan repayment would not be deducted from a Final Agreement, as the funding for the treaty will increase by the approximate amount of the negotiating loan. The NStQ may establish economic development funds for training, contracting opportunities, various committees or boards and or participation in economic development projects on Treaty Settlement Lands.


Approval of the AIP This Agreement will be submitted to the Parties for approval after it has been initialed by the chief negotiators for Canada, British Columbia and NStQ. The approval of the AIP means that the NStQ would continue to negotiate the Final Agreement. The AIP is approved by the NStQ when it is signed by the chief negotiators for NStQ, as well as the chief of each NStQ community, and voted on by NStQ membership. It is approved by Canada when signed by the federal minister, and approved by BC when signed by the BC minister.


Implementation After a Final Agreement, a process for the start-up of the NStQ Treaty will be developed. A committee of NStQ, BC and Canada will be established to create procedures and operating guidelines and develop a communications strategy regarding the implementation and content of the Final Agreement. This committee will be in effect for 10 years but that period may be extended if necessary. A start-up plan will be created that identifies all of the obligations in the Final Agreement, the work that needs to be done to fulfill those obligations, who is responsible to complete that work, and the timeframes involved. The governments will be providing very significant funding for NStQ to cover training, capacity-building and governance start-up costs.


Transition The Indian Act will no longer apply to NStQ except to decide who is a Status Indian and to deal with some NStQ estates under control of the minister. NStQ communities will no longer be Indian Bands, but their laws and by-laws will continue for 60 days after treaty or until cancelled by NStQ. All rights, titles, assets and liabilities of the Bands will be transferred to the NStQ communities. Before the Final Agreement, Canada will try to notify all NStQ members under the Indian Act who have deposited wills with the minister as their wills will no longer be valid after treaty. These members should have their wills reviewed to ensure they are valid under provincial laws.


Dispute Resolution After reaching a Final Agreement, NStQ, BC and Canada will cooperate with each other to create a good working relationship, to prevent or minimize disagreements, to identify disagreements quickly and to resolve them quickly and cost-effectively, and in a nonadversarial way. The Dispute Resolution process will only apply to certain types of disputes, including: interpretation, application and implementation, or breach of the Treaty and some other disputes directly referred to in the Treaty. The first stage in this process will be formal negotiations, followed by mediation and then arbitration. Any agreement reached in this process will be binding only to the parties involved; however, any award issued from arbitration will be final and binding for all parties.


Local and Regional Government Relations After implementing the treaty, residents of NStQ Title Lands will have the right to vote in elections and referenda of local government according to provincial laws. Local governments may not make changes to their boundaries without first talking to NStQ. NStQ may work with local governments on a government-to-government basis. This includes the costs of services and the payment for the delivery of local government services on NStQ Title Lands, as well as NStQ services to local government. This also includes the coordination of activities and proposed land use in each government’s areas of responsibility. NStQ may also participate as a government on the board of a Regional District. Before the Final Agreement, the Parties will establish an Intergovernmental Relations Technical Working Group and invite participation by local and regional governments in order to discuss how participation of NStQ with the Regional District and Local Governments might best be accommodated.


Eligibility and Enrolment Individuals will be eligible to be enrolled as a citizen of NStQ if they have NStQ ancestry, are a member of one of the four NStQ communities, or were adopted under a law recognized in NStQ or Canada custom. An NStQ Enrolment Committee will be created to establish its enrolment procedures, publish its procedures and eligibility criteria, and take reasonable steps to notify individuals that are potentially eligible to be enrolled. The committee will also provide application forms for enrolment, consider and decide each application based on the eligibility criteria, and establish and maintain an Enrolment Register. NStQ and Canada will establish an Enrolment Appeal Board so individuals denied eligibility may appeal their decision. The appeal board will be comprised of one member from each NStQ community and one member appointed from Canada. Appeal board members will not be members of the Enrolment Committee. Individuals that enrol will continue to have a Status Card and will be eligible for all services provided to individuals with Status.


Taxation After implementing the treaty, NStQ will have law making authority for the taxation of NStQ citizens and possibly other people residing on Treaty Settlement Lands. NStQ may enter into agreements to have the authority to impose property taxes on NStQ Treaty Settlement Lands including Right of Way, setbacks or utility corridors. After a Final Agreement is reached, the Indian Act, including tax exemption, will no longer apply to NStQ First Nations. After 10 to 15 years, all members of the NStQ will pay transaction (GST/PST) and income taxes if required. The NStQ may enter into agreements that any taxes paid by NStQ members will be returned to NStQ. NStQ and its assets will also be exempt from tax.


Culture and Heritage Cultural materials, oral history, and Secwepemcstin serve an integral role in the continuation of NStQ culture, values and traditions. Once we reach a Final Agreement, NStQ may make laws applicable on NStQ Title Lands regarding the conservation and protection of NStQ cultural sites and NStQ cultural materials; Secwepemcstin, NStQ culture, heritage and NStQ traditional knowledge, and ancestral remains found on NStQ Title Lands. All NStQ laws regarding the conservation, protection and management of NStQ cultural sites and NStQ cultural materials will offer at least the same level of conservation, protection and management as federal and provincial laws. If BC or Canada currently holds or comes into possession of NStQ cultural material or ancestral remains, these materials will be returned to NStQ. Key geographic features will also be named/renamed in Secwepemcstin. NStQ and the government(s) will work together to preserve NStQ cultural sites. NStQ will be responsible for sites on NStQ Title Lands, Canada and BC will be responsible for sites off NStQ Title Lands.


Land Title After implementing the treaty, federal land title and registry laws will not apply to NStQ Treaty Settlement Lands. Provincial land title and registry laws will also not apply to NStQ Treaty Settlement Lands, unless NStQ applies to the province for registration of “indefeasible title” for specific sections of land. Indefeasible means the title cannot be altered or voided under any circumstance. NStQ may wish to register lands with BC if it decides to sell lands to non-NStQ individuals. If NStQ does apply to the province and provides an accurate legal description of the property, BC will register the indefeasible title. BC will also cancel a registration of indefeasible title upon NStQ’s application. Where NStQ has chosen to register a parcel under the BC land title system, no NStQ law about land title or land title registration will apply to that parcel, until NStQ gets BC to cancel the registration under the BC system. If NStQ chooses to use the BC land title and registry system, it will have to follow the rules set out under that system. If NStQ does not choose to use the BC land title and registry system, it will have to establish its own. NStQ reserve lands are currently registered under the federal land title system but after treaty, Canada will have no role in land title registration on Treaty Settlement Lands.


Access Once the treaty is signed, NStQ’s Title Lands will include private lands and public lands. NStQ public lands are any NStQ Title Lands that are not named as private lands by the NStQ. There will be reasonable public access to NStQ public title lands for temporary recreational and non-commercial purposes so long as it does not interfere with NStQ uses. Non-NStQ citizens will have reasonable access to cross NStQ Treaty Settlement Lands to access their water works, tenures or fee simple lands if necessary and NStQ may receive compensation for providing that access. Public right of navigation across water in NStQ Title Lands will also continue. There will also be access for all representatives of Canada and BC to carry out their duties, respond to emergencies and deliver and manage programs and services. Processes have been agreed to about how this will be done. NStQ will have access to crown lands on the same basis as federal and provincial representatives.


Forest and Range Once the treaty is signed, NStQ will own and manage all forest resources and range resources on NStQ Title Lands. These are all lands within our territory that are not crown land, privately-owned land within a tree farm licence or woodlot licence issued under the Forest Act, or private-managed forest land. NStQ may make laws about forest resources and practices, and range practices on NStQ Title Lands. Forest standards created by an NStQ law will have the same or even less impact to the environment than provincial laws. Provincial laws for timber marking and scaling will still apply to timber harvested on and transported off the Title Lands. Logs from the Title Lands may be exported and do not have to be manufactured in BC.


Subsurface Resources After implementing the treaty, NStQ will own subsurface resources on or under NStQ Treaty Settlement Lands. These resources include earth materials, rocks, minerals, coal, petroleum and natural gas, as well as geothermal resources and fossils. NStQ will have law making authority for subsurface resources and development on Settlement Lands, except for nuclear energy. All rents and royalties to Tenured Subsurface Resources that BC would be entitled to after the Final Agreement is reached will be paid to NStQ if those resources are owned by BC.


NStQ AIP Chapter Summaries