Northern Secwepemc te Qelmucw

AIP Chapter Summaries

By Jim Doswell, September 2013

1) Preamble

TABLE OF CONTENTS
2) Chapter 1: Definitions
3) Chapter 2: General Provisions
4) Chapter 3: Lands
5) Chapter 4: Land Title
6) Chapter 5: Subsurface
7) Chapter 6: Roads & Corridors
8) Chapter 7: Forest & Range

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27)

26)

25)

24)

23)

22)

21)

20)

19)

18)

17)

16)

15)

14)

13)

12)

11)

10)

Chapter 28: Implementation

Chapter 27: Dispute Resolution

Chapter 26: Transition

Chapter 25: Ratification of the Final Agreement

Chapter 24: Approval of the Agreement in Principle

Chapter 23: Capital Transfer

Chapter 22: Taxation

Chapter 21 Fiscal Relations

Chapter 20: Governance

Chapter 19: NStQ Government

Chapter 18: Eligibility & Enrolment

Chapter 17: Fish

Chapter 16: Cultural & Heritage

Chapter 15: Access

Chapter 14: Migratory Birds

Chapter 13: Wildlife

Chapter 12: Parks & Protected Areas

Chapter 11: Environment

Chapter 10: Shared Decision Making

Chapter 9: Water

9) Chapter 8. Gathering

29)

PREAMBLE
What is the purpose of the Preamble?
The Preamble sets the tone and spirit of the relationship between the Parties in entering the AIP and
the Treaty. It provides the reasoning behind why the Parties (NStQ, Canada and British Columbia)
have come together to form this new relationship and it describes their joint objectives in negotiating
and executing this agreement and the Treaty.
The principles agreed to in the AIP by the Parties forms the basis for negotiating the NStQ Treaty.

What does the Preamble do?

The Preamble describes the Parties intention to negotiate an NStQ Treaty. It states the Parties intend
to negotiate a Treaty to provide a new government-to-government relationship between NStQ,
Canada and BC, based on reconciliation.
The goal of negotiating the AIP and Treaty is to seek certainty in respect of NStQs rights including
ownership and use of lands and resources, as well as, NStQs law-making authority. It also explains
the relationship between Federal Law, Provincial Law and NStQ Law.
The Parties intend that the NStQ Treaty will provide for an NStQ Government and will set out the
authorities exercisable by the NStQ Government.
Canada will negotiate self-government in the NStQ Treaty based on the policy that the inherent right
to self-government is an existing Aboriginal right within section 35 of the Constitution Act, 1982.
The Constitution Act, 1982, will protect the treaty rights set out in the Treaty.

CHAPTER 1: DEFINITIONS
What is the purpose of this chapter?
This chapter provides definitions of the words and terms used throughout the AIP. It is an important
chapter and will prove to be useful when reading and understanding both the AIP and the Treaty.
Where a word or term is capitalized (except words that begin sentences), it is a defined term and its
definition can be found in this chapter.
Some defined terms commonly referred to throughout the AIP:
Effective Date means the date on which the NStQ Treaty takes effect.
NStQ Citizen means an individual who is enrolled under the NStQ Treaty in accordance with
the Eligibility and Enrolment Chapter.
NStQ Constitution means the constitution of the NStQ provided for and ratified in
accordance with the NStQ Treaty.
NStQ Government means the government of NStQ as set out in the NStQ Government
Chapter and the NStQ Constitution.
NStQ Institution means the NStQ Government or an NStQ Public Institution.
NStQ Land means those lands identified as NStQ Land under paragraph 1 of the Lands
Chapter.
NStQ Law means:
a law made under a law-making authority set out in the NStQ Treaty or any other agreement
that provides NStQ with authority to make laws; and
the NStQ Constitution;
but does not include NStQ custom or traditional laws unless those laws are enacted in
accordance with the NStQ Treaty.
NStQ Section 35 Rights means the rights, anywhere in Canada, of NStQ that are recognized
and affirmed by section 35 of the Constitution Act, 1982.
NStQ Territory means the area shown in Appendix A.
NStQ Treaty means the agreement between the NStQ, Canada and British Columbia which
will be negotiated based on this Agreement.

CHAPTER 2: GENERAL PROVISIONS

What is the purpose of this chapter?
This chapter addresses practical and legal matters of how the NStQ Treaty will apply in Canada. It
explains the nature of the AIP, the nature of the NStQ Treaty, how the Treaty will affect NStQ
Citizens, and its relationship with existing federal and provincial law.
This chapter is meant to provide clarity and applies to all other chapters if there is any provision in
the Treaty that is inconsistent with a provision in this chapter, the provision in this chapter prevails.
It also gives rules of interpreting the language in the Treaty.

What does this chapter do?

This chapter explains the nature of, and difference between, the AIP and the NStQ Treaty. The AIP is
the foundation for the Parties to begin negotiations, and such negotiations will be based on the
principles agreed to in the AIP. The AIP is not legally binding on any of the Parties. The NStQ Treaty
will be a treaty within the meaning of sections 25 and 35 of the Constitution Act, 1982 and will be
legally binding on the Parties.
The Treaty will become part of the law in Canada. It will constitute the full and final settlement in
respect of any Aboriginal rights, including Aboriginal title, in Canada that NStQ may have, and will
exhaustively set out all NStQ Section 35 Rights. By entering into the Treaty, NStQ will release Canada
and BC from all claims or proceedings relating to the interference or infringement of any Aboriginal
right, including Aboriginal title, of NStQ. However, NStQ may still pursue claims in accordance with
Canadas Specific Claims Policy.
The rights and benefits provided under the NStQ Treaty are vested in NStQ and may be exercised by
NStQ Citizens. However, the NStQ Treaty does not affect the ability of NStQ Citizens to enjoy rights
or benefits as other Canadian citizens or permanent residents of Canada. NStQ remain Aboriginal
people of Canada within the meaning of the Constitution Act, 1982.
Generally, the Indian Act will not apply to NStQ or NStQ Citizens (see the Transition Chapter for
details). NStQ Land will not be Lands reserves for the Indians within the Constitution Act, 1867, and
will not be reserves as defined under the Indian Act.
The Treaty will give law making authority to the NStQ over several topics. This chapter explains the
relationship of laws between federal, provincial and NStQ law. It provides a process of how the Treaty
may be amended, requires NStQ to pursue any boundary discussions with neighbouring First Nations,
sets out obligations and a process for how the Parties will consult and negotiate with each other, and
requires the Parties to conduct periodic reviews of the Treaty.

CHAPTER 3: LANDS
What is the purpose of this chapter?
This chapter defines NStQ Land and confirms NStQ will own NStQ Land in fee simple. Under
Canadian law, fee simple ownership is the largest and most complete interest in land that can be
owned. For AIP purposes, NStQ Land will comprise approximately xxxxx hectares including lands
which are: former Indian reserve land, former provincial Crown land, and former provincial Crown
designated lands such as: conservancy lands, Class A park, and biodiversity areas.

What does this chapter do?

This chapter gives law making authority to NStQ with respect to NStQ Land, including: the
management, planning, zoning and development of NStQ Land; the creation, ownership and
disposition of interests in NStQ Land; expropriating lands for public purposes by NStQ; and the
establishment and operation of an NStQ Land title and land registry system.
It also allows NStQ to make laws to designate NStQ Conservancy Land, and requires the Parties to
negotiate provisions for NStQ Park Land, and to discuss means to ensure NStQ Land designated as
Biodiversity land is managed under NStQ Law according to appropriate standards. It also sets out a
process in the event NStQ decides to develop a site identified in the Treaty as a potential
Contaminated Site.
This chapter sets out conditions the Parties are to follow in the event NStQ wishes to remove parcels
of land from, or add parcels of land to, NStQ Land. It also sets out a process in the event NStQ
requests BC to transfer provincial Crown land or an interest in, to NStQ for a public purpose.
Generally, NStQ Land will not be expropriated. However, this chapter, in conjunction with
appendices, provides conditions upon which a Provincial Expropriating Authority or a Federal
Expropriating Authority may expropriate NStQ Land.
This chapter requires the Parties to address NStQs jurisdiction over Submerged Lands before
finalizing the Treaty, and identifies the extent to which NStQ will own Submerged Lands (i.e. except
for submerged lands set out in appendix, they will not form part of NStQ Land).
This chapter also provides for the entering of a commercial recreational memorandum of
understanding between NStQ and BC for future commercial recreational development by the NStQ.

CHAPTER 4: LAND TITLE

What is the purpose of this chapter?
The land title registration system is an important part of real property rights as it provides owners and
purchasers of land and holders of interests in land (i.e. mortgage, right of way) to have certainty about
their interests.
This chapter addresses how the interests of NStQ Land (and its related land transactions) will be
registered. Under this agreement, the Parties will discuss and agree on what land title or registry
system will be used.

What does this chapter do?

This chapter provides the NStQ with a choice as to what land title registry system to incorporate.
NStQ may create their own registry system or register NStQ Land in a provincial land title office under
provincial law free of charge.
The Treaty will provide that should NStQ wish to use a registry system other than that used by the
provincial land title office, that registry system will provide substantially equivalent clarity, protection
and security to third parties or interest holders as that provided under the provincial land title system.

CHAPTER 5: SUBSURFACE
What is the purpose of this chapter?
The purpose of this chapter is to confirm NStQs ownership of the Subsurface Resources on and under
NStQ Land. (See the Definitions chapter for a complete definition of Subsurface Resources)

What does this chapter do?

This chapter sets out the respective authority of NStQ and BC over the Subsurface Resources located
within NStQ Land.
NStQ has the exclusive authority to approve and set fees, rents, royalties and other charges (except
taxes) for the exploration, development, extraction and production of Subsurface Resources on and
under NStQ Land, except for existing tenures as listed in the Treaty.
NStQ and BC may enter into agreements for the management and administration of Subsurface
Resources owned by NStQ. NStQ Land will be treated as private lands under provincial law in relation
to tenure holders of Subsurface Resources requiring access, occupation or use of an area of NStQ
Land.
This chapter provides a list of activities or topics which the NStQ may not make laws on including (but
not limited to): nuclear energy; closures and abandonment of mines; and Subsurface Resource tenures
that existed before the Treaty comes into effect (these tenures are listed in an Appendix).
Once the Treaty is in effect, BC will keep the authority to administer and issue authorizations for the
Subsurface Resource tenures listed in the Appendix, and will notify NStQ before changing any rents or
royalties applicable.
Any interest earned on the rents or royalties of existing subsurface tenures will be paid to NStQ, and
BC will keep any fees or charges associated with administrative purposes.
NStQ will not have authority over the existing Subsurface Resource tenures listed in the Appendix of
the Treaty.

CHAPTER 6: ROADS & CORRIDORS

What is the purpose of this chapter?
The purpose of this chapter is to make clear the respective authority of NStQ and BC in relation to
roads and Crown Corridors located within NStQ Land, and sets out how the Parties will work together
in the administration and management of such roads and corridors.

What does this chapter do?

This chapter defines NStQ Roads and Crown Corridors. NStQ Roads are part of NStQ Land, and
therefore, are administered, controlled and maintained by NStQ. The Treaty will include an appendix
designating NStQ Roads, which NStQ may grant rights for the use of, and access to, such roads.
NStQ may make laws regarding the regulation of traffic and transportation on NStQ Land.
Crown Corridors will also be identified in an appendix to the Treaty. They do not form part of NStQ
Land and are owned by BC. This chapter sets out how BC and NStQ will work together in relation to
Crown Corridors and NStQ Roads.

What are the main points/examples?

Generally, NStQ Roads will be open to the public; however NStQ has the power to temporarily close
(for safety or cultural reasons) or permanently close (subject to giving notice to public and operators of
Public Utilities) an NStQ Road.
If BC decides it no longer requires any portion of a Crown Corridor, it will transfer the land to NStQ,
which will then become part of NStQ Land.
BC and NStQ may request to one another to have a portion of a Crown Corridor realigned onto NStQ
Land. Generally, in order to do the realignment, the location must be reasonably suitable, both
Parties must reach agreement on the value of the land exchange, and the requesting Party must pay
all reasonable costs. BC is not to unreasonably refuse to undertake a realignment requested by NStQ.
NStQ must consult with BC before developing NStQ Land located adjacent to a Crown Corridor.
BC has the authority to regulate matters relating to the access and safety of Crown Corridors,
including the location and design of intersecting NStQ Roads (signs, merging lands, ramps, etc). NStQ
will issue grants for Public Utility Rights of Way identified in the Treaty. In order for a Public Utility to
extend or locate and install new distribution or transmission works on NStQ Land it must get the prior
written approval of NStQ. NStQ Law does not apply to the regulation of the business of a Public
Utility or its construction/maintenance of its works.

CHAPTER 7: FOREST & RANGE

What is the purpose of this chapter?
The purpose of this chapter is to confirm NStQs exclusive ownership over the Forest and Range
Resources on NStQ Land. Resources means all timber and plants including all biota (does not include
wildlife, migratory birds, water, fish or aquatic plants).

What does this chapter do?

This chapter allows NStQ to make laws for the collection, administration of fees, rents or other
charges relating to harvesting Forest and Range Resources on NStQ Land (excluding timber marks,
timber marking or scaling). It also allows NStQ to make laws with respect to Forest Resources and
forest practices (including timber harvesting, road construction and use, etc) and range practices
(including grazing of livestock, cutting hay, etc) on NStQ Land (standards must meet or exceed provincial
forest standards applicable to private lands).

What are the main points/examples?

Timber resources harvested from NStQ Land will not be subject to any requirement under Provincial
Law for use or manufacture in BC.
This chapter provides for the Parties (NStQ, Canada, and BC) to enter into a Wildfire Suppression
Agreement to determine how the costs incurred by BC for wildfire control on NStQ Land will be
shared by all three Parties. NStQ will be responsible for one third of the costs. NStQ is not
responsible for wildfires that do not start on NStQ Land.
This chapter states if any of the Parties become aware of insects, diseases, invasive plants, animals or
abiotic factors on Crown lands that may threaten the health of the Forest Resources. BC and NStQ
will develop a co-operative response to minimize any impacts on Forest Resources on NStQ Land. It
also requires BC and NStQ to share information and to make arrangements for the management and
control of forest health on NStQ Land.
BC will ensure any agreement, plan or permit made under provincial legislation (Forest Act, Range Act)
will no longer be valid on NStQ Land.

CHAPTER 8: GATHERING
What is the purpose of this chapter?
The purpose of this chapter is to confirm NStQs Right to Gather Plants for food, social and ceremonial
purposes (including for the purpose of making household goods and apparel), and to set out NStQs
ability to harvest Monumental Cedar and Cypress for Cultural Purposes.

What does this chapter do?

This chapter defines NStQs Right to Gather Plants. Generally, Plants includes all flora and fungi,
excluding Aquatic Plants and Timber Resources (except for the bark, boughs, etc). This chapter states
the Right to Gather Plants must be within the NStQ Plant Gathering Area, which will be set out as an
appendix to the Treaty.
This chapter allows NStQ to make laws to regulate the NStQ Right to Gather Plants, including: the
distribution of gathered Plants among NStQ Citizens; conditions for how NStQ Citizens may exercise
the right to gather Plants; trading or bartering of Plants and goods made from Plants; methods,
timing and location of gathering; any conservation measures set by the Minister; and requiring NStQ
Citizens to carry NStQ citizenship documentation.
This chapter also considers the NStQs ability to harvest Monumental Cedar and Cypress within NStQ
Territory for Cultural Purposes (i.e., xxxxx). It requires BC and NStQ to enter into a harvest agreement
to identify an annual allocation to meet NStQs requirement for Cedar.

What are the main points/examples?

Generally, NStQ will not be required to have federal or provincial licenses, or pay any fees or royalties
to Canada or BC when exercising the right to gather Plants.
BC may sell provincial Crown land or provide access to a third party which may affect NStQs ability to
exercise their right to gather Plants. If BC does so, it must not deny NStQ the reasonable opportunity
to gather Plants under the Treaty, and will negotiate with NStQ to try to reach agreement to make a
process to evaluate the impacts on NStQs reasonable opportunity to gather Plants.
The Minister retains authority for Plants, including their management, conservation and habitat. For
conservation, public health or public safety reasons, the Minister may require NStQ to prepare a
Gathering Plan, which must be approved by the Minister.

CHAPTER 9: WATER
What is the purpose of this chapter?
This chapter confirms that the Treaty will not vest any proprietary interests in water. Any extraction
or use of water and groundwater, or sale of water, must be carried out in accordance with federal and
provincial law. The Treaty will ensure that NStQ has access to sufficient water for its needs.

What does this chapter do?

This chapter states the Treaty will include provisions with respect to water, including:
access to water by NStQ for domestic, agricultural and industrial purposes as defined under
provincial law;
access to water by NStQ for hydro power purposes as defined under provincial law;
NStQs law-making authorities;
the relationship of NStQ Law and provincial law and federal law;
Available Flow;
water management; and
access to NStQ Land for non-NStQ persons who have legal interests in water.

CHAPTER 10: SHARED DECISION MAKING

Prior to the conclusion of the Treaty, the Parties will discuss cooperative approaches to land and
resource decision-making and management of Crown land within NStQ Territory, including shared
decision making and collaborative management.
As part of that discussion, the Parties will review existing agreements, including the Coastal First
Nations Reconciliation Protocol, and consider means to reflect these agreements in the Treaty or in
related non-treaty agreements.

CHAPTER 11: ENVIRONMENT

What is the purpose of this chapter?
The purpose of this chapter is to recognize NStQs important role in protecting, preserving and
conserving the environment, and to ensure that NStQ has significant participation in any
environmental assessment process (both provincial and federal) for projects proposed on NStQ Land or
on any land that may affect the ability to exercise the rights provided in the Treaty.

What does this chapter do?

This chapter lists the topic areas which NStQ may make laws for in relation to the environment. It also
sets out the roles of the Parties in relation to NStQs participation in both provincial and federal
environmental assessment processes.
NStQ may make laws relating to: environmental assessments for projects that are not already subject
to an environmental assessment under provincial law; the prevention, mitigation and remediation of
pollution and degradation of the environment; waste management (including solid waste and sewage);
protection of local air quality, and environmental emergency response.
If NStQ makes laws for environmental assessments, it will negotiate and try to reach agreement with
Canada to coordinate environmental assessment requirements and avoid duplication.
Also, if NStQ makes laws for environmental assessments for NStQ Projects, the standards must meet
or exceed the requirements of Canadas environmental assessment requirements.
No federal or provincial project on NStQ Land will be approved without the consent of the NStQ.
For projects proposed within NStQ Territory, or those that may impact NStQ Land or rights under the
Treaty, Canada or BC must give timely notice and the necessary information to NStQ, and NStQ may
decide whether it will participate in the environmental assessment process.
If NStQ decides to participate in an environmental assessment process, it will give its comments, and
before making a decision enabling the project to go forward, Canada or BC must consider NStQs
comments.

CHAPTER 12: PARKS & PROTECTED AREAS

What is the purpose of this chapter?
The purpose of this chapter is to address lands that may be designated (under legislation) as parks or
protected areas by either Canada or BC and make clarify NStQs role in the designations and ensure
the designations do not negatively affect NStQs rights under the Treaty.

What does this chapter do?

This chapter requires Canada and BC to consult with NStQ when either Party decides to establish a
new designation or makes changes to an existing one. It also states that when the Treaty takes effect,
BC and NStQ will enter into an agreement to establish NStQ protected areas and provincial protected
areas within NStQ Territory.
The agreement will not form part of the Treaty and will address park planning, and management and
operations. Provincial protected areas within NStQ Territory will respect NStQ burial sites, places of
spiritual and ceremonial significance and historic and archaeological sites.

What are the main points/examples?

Generally, if there is a provincial protected area located wholly or partly within NStQ Territory, NStQ
Citizens are allowed access to the area without having to pay any fees.
BC will consult with NStQ before it establishes a new provincial area or wildlife management area, or
makes any changes to existing areas that may affect the NStQ right to gather plants, harvest wildlife
or harvest migratory birds.
If BC establishes a public management planning process for a provincial protected area that is wholly
or partly located within NStQ Territory, NStQ may participate in the planning process. BC will provide
any draft public management plans to NStQ, and NStQ may provide written recommendations to BC
about the plan.
If Canada decides to establish a national park or national marine conservation area which is located
wholly or partly within NStQ Territory, Canada will consult with NStQ, and they will negotiate and try
to agree on how NStQ will participate in a planning and management process to provide advice to the
Minister.
They will also negotiate to try to reach agreement on a harvest plan for the NStQs right to harvest
wildlife, migratory birds, and gather plants.

CHAPTER 13: WILDLIFE

What is the purpose of this chapter?
This chapter confirms NStQs right to hunt. NStQ may exercise this right within a harvest area, called
the NStQ Wildlife Harvest Area, that will be defined in the Treaty.
It defines the extent of this right which will be subject to the terms of the Treaty including any NStQ
Laws and the Ministers ultimate authority for the management and conservation of wildlife and its
habitat.
This chapter requires BC and NStQ to work together to ensure that NStQ exercises the right to
harvest wildlife while respecting conservation measures and public health and safety.

What does this chapter do?

This chapter gives NStQ the authority to make laws to regulate the right to harvest wildlife, including:
the distribution of harvested wildlife among NStQ Citizens;
conditions for how NStQ Citizens may exercise the right to harvest wildlife;
the preservation, promotion and development of traditional knowledge with respect to
wildlife;
trading or bartering of wildlife;
methods, timing and location of harvesting; and
any conservation measures set by the Minister.

What are the main points/examples?

Generally, NStQ Citizens will not be required to have federal or provincial licences, or pay any fees or
royalties to Canada or BC when exercising the right to harvest wildlife within the designated harvest
area.
NStQ Citizens are permitted to trade and barter among themselves or with other Aboriginal Peoples.
However, all sales, transports and exports of wildlife or wildlife parts must be in accordance with
federal and provincial law.
If BC sells/provides access to provincial Crown land which may affect the NStQs ability to exercise
their right to harvest wildlife, BC cannot deny NStQ the reasonable opportunity to harvest wildlife

under the Treaty, and will negotiate with NStQ to try to reach agreement to make a process to
evaluate the impacts on NStQs reasonable opportunity to harvest wildlife.
The Minister may set a wildlife allocation as a conservation measure. BC and NStQ will negotiate and
try to reach an agreement on the allocation. Before implementing a conservation measure, the
Minister will use reasonable efforts to minimize the impact of the measure on the NStQs right to
harvest wildlife.
Existing traplines and guiding licences will be listed in an appendix to the Treaty and will not be
affected by the Treaty (ie. they will remain with the current owner). BC will not grant any new traplines
or guiding licences without the consent of NStQ.
If BC sets up a wildlife management advisory process in respect of the NStQ Harvest Area, NStQ will
have the right to participate. After the Treaty comes into effect, BC and NStQ will enter into an NStQ
wildlife management agreement to set out the roles and responsibilities for the management of
wildlife within NStQ Territory.
The Parties may negotiate agreements concerning enforcement of federal, provincial or NStQ Laws in
respect of wildlife.

CHAPTER 14: MIGRATORY BIRDS

What is the purpose of this chapter?
This chapter confirms NStQs right to harvest migratory birds, subject to the terms of the Treaty, any
NStQ Laws, and the Ministers ultimate authority for the management and conservation of migratory
birds and its habitat.
This chapter requires BC and NStQ to work together to ensure that NStQ Citizens may exercise their
right to harvest migratory birds while respecting conservation measures and public health and safety.

What does this chapter do?

This chapter defines the NStQ Right to Harvest Migratory Birds. Generally, Migratory Bird means a
migratory bird as defined under federal law and includes their eggs and inedible by-products (feathers
and down). It also defines the area, the NStQ Migratory Bird Harvest Area, in which this right can be
exercised.
NStQ has law making authority to regulate this right, including:
the distribution of harvested migratory birds among NStQ Citizens;
the preservation, promotion and development of NStQ traditional knowledge with respect to
migratory birds;
trading or bartering of harvested migratory birds;
methods, timing, and location of harvesting;
administration of documentation to identify NStQ harvesters;
designation of NStQ Citizens who may harvest migratory birds;
sale of inedible by-products; and
the management of migratory birds and their habitat on NStQ Land.
This chapter also requires BC and Canada to consult with NStQ before making any decisions which
may affect the NStQ Citizens right to harvest migratory birds. The Minister may implement
conservation measures to maintain or increase a migratory bird population.
This chapter provides a list of potential conservation measures (i.e. establishing protected areas, a total
closure of the harvest).

What are the main points/examples?

Generally, NStQ Citizens will not be required to have federal or provincial licences, or pay any fees or
royalties to Canada or BC when exercising their right to harvest migratory birds within the designated
area.
NStQ Citizens are permitted to trade and barter among themselves or with other Aboriginal Peoples.
However, all sales, transports and exports of migratory birds and their inedible by-products must be in
accordance with federal and provincial law.
This chapter states that BC may sell or provide access to, provincial Crown land which may affect
NStQs ability to exercise their right to harvest migratory birds. If BC does so, it must ensure it does
not deny NStQ the reasonable opportunity to harvest migratory birds under the Treaty, and will
negotiate with NStQ to try to reach agreement to make a process to evaluate the impacts on NStQs
reasonable opportunity to harvest migratory birds.
The Minister may propose conservation measures within the NStQ Migratory Bird Harvest Area. If the
Minister proposes a conservation measure, it must consult with NStQ, and take into account a list of
considerations provided in the chapter.
NStQ may give comments to the Minister about the conservation measures and their
implementation. Canada and NStQ may enter into conservation agreements to address matters of
common concern for migratory birds including setting local conservation objectives, information
sharing, licence and permit requirements and enforcement.
If Canada or BC sets up a migratory bird management advisory process, NStQ may participate.

CHAPTER 15: ACCESS

What is the purpose of this chapter?
The purpose of this chapter is to set out the conditions upon which NStQ will allow access onto NStQ
Land to the public, Crown representatives, and operators of Public Utilities on NStQ Land for
prescribed purposes.

What does this chapter do?

This chapter sets out NStQs law making authority to regulate public access on NStQ Land. The
Treaty includes an appendix identifying which parts of the NStQ Land are designated as NStQ Private
Land, and sets out the process NStQ must follow in order to designate portions of NStQ Land as NStQ
Private Land.
NStQ may make laws regulating public access on NStQ Land for the: prevention of harvesting or
extracting resources owned by NStQ; protection of Heritage Sites and sensitive habitat areas;
prevention of nuisance or damage; and public safety.
This chapter also sets out the conditions upon which NStQ will:
allow reasonable public access to NStQ Land for temporary recreational uses and temporary
non-commercial purposes (subject to NStQ Law and a list of prohibited activities (for example:
cause mischief or damage);
give reasonable access to tenure holders (identified in an appendix);
issue grants for Public Utility Rights of Way (identified in an appendix);
allow access to agents, employees and contractors of BC, Canada, Local Government and
other officials appointed under federal or provincial law to enter, cross or stay on NStQ Land
to carry out one of the activities listed in the chapter.
Once the Treaty is in effect, NStQ may designate portions of NStQ Land as NStQ Private Land if such
lands are used for commercial, cultural, resource development or other uses that are incompatible
with public access, or if BC has granted an interest that excludes public access.
The Treaty may describe parcels of NStQ Land that may not be designated as NStQ Private Land
without the consent of BC.

CHAPTER 16: CULTURE & HERITAGE

What is the purpose of this chapter?
The purpose of this chapter is to acknowledge the integral role of NStQ Artifacts1 in the continuation
of NStQ culture, values and traditions, and to define NStQs ability to promote and protect their
language, culture and heritage.

What does this chapter do?

This chapter allows NStQ to make laws (applicable on NStQ Land) to protect, designate and manage
Heritage Sites2 and Artifacts; provide public access to the Heritage Sites; allow a NStQ Public
Institution to provide NStQ language and culture education; and to preserve, promote and develop
the NStQ language and culture.

What are the main points/examples?

If Canada or BC find or receive any NStQ archaeological human remains or associated burial objects,
the remains will be transferred to NStQ at NStQs request.
BC and NStQ will discuss and attempt to reach an agreement for the conservation and protection of
Heritage Sites in NStQ Territory. Before the conclusion of the Treaty, NStQ and BC will address
artifacts that are recovered from Heritage Sites located off NStQ Land in NStQ Territory.
This chapter requires BC to name or rename certain geographic features set out in the Treaty with
Shuswap names, and allows NStQ to propose/request BC to name or rename other geographic
features with Shuswap names.
This chapter also allows for NStQ to make arrangements with both BC and Canada with respect to
NStQ Artifacts in museums. Canada and NStQ will negotiate arrangements related to NStQ Artifacts
in the permanent collection of Canadian Museum of Civilization.
The Treaty will include a list of all the NStQ Artifacts in the permanent collection of the Royal BC
Museum, and this chapter states the legal interests in those artifacts will be transferred to NStQ. This
chapter allows the Royal BC Museum and NStQ to agree to custodial arrangements for the NStQ
Artifacts to remain at the museum.
1

NStQ Artifact means any object created by, traded to, commissioned by, or given as a gift to an NStQ individual, NStQ,
an NStQ Public Institution or that originated from an NStQ community and has past and on-going importance to NStQ
culture or spiritual practices, but does not include any object traded to, commissioned by, or given as a gift to another
aboriginal group, aboriginal individual or aboriginal community or Person.
2 Heritage Site means a site of archaeological, historical or cultural significance and may include graves and burial
sites.

CHAPTER 17: FISH

The AIP does not address fisheries matters. The Parties will negotiate fisheries matters in the Final
Agreement stage of the Treaty proecess.

CHAPTER 18: ELIGIBILTY & ENROLMENT

What is the purpose of this chapter?
This chapter sets out the criteria or requirements one must meet in order to be enrolled. It does not
affect the rights of Canadian citizenship or the right to be registered as an Indian under the Indian Act.

What does this chapter do?

It sets out the eligibility criteria for enrolment under the Treaty, describes the application process and
appealing a decision, and establishes an Enrolment Committee and Enrolment Appeal Board.

What are the main points/examples?

The NStQ Enrolment Committee will consist of 3 people appointed by NStQ and will be in operation
for 2 years. It will be responsible for the enrolment process, including: establishing enrolment
procedures, providing application forms, and considering and deciding each application based on the
eligibility criteria. The NStQ Enrolment Appeal Board will be comprised of NStQ and Canada.
If an applicant does not agree with the Enrolment Committees decision, the applicant may apply to
the Appeal Board. The Appeal Board will hear and determine appeals brought by individuals and
decide whether they will be enrolled.
The Appeal Board will conduct hearings in public (generally), maintain a record of its decisions and
provide reasons for its decisions.
An applicant may also apply to the Supreme Court of BC to review a decision of the NStQ Enrolment
Appeal Board.
Eligibility Criteria - an individual will be enrolled under the NStQ Treaty if he/she:
a.

is registered or entitled to be registered on an NStQ bands list under the Indian Act as of the
day before the Treaty takes effect;

b. is of NStQ ancestry;
c.

was adopted under laws recognized in Canada by an individual eligible for enrolment under a
or b;

d. was adopted under NStQ custom after the Treaty takes effect;
e.

is accepted by NStQ as NStQ in accordance with NStQ custom; or

f.

is a descendant of an individual eligible for enrolment under a, b, or c.

This chapter also prohibits a person who is a beneficiary or has applied for enrolment under another
treaty to be enrolled under the NStQ Treaty at the same time.

CHAPTER 19: NSTQ GOVERNMENT

What is the purpose of this chapter?
The purpose of this chapter is to confirm NStQs right to self-government and its ability to develop its
own governance model through the NStQ Constitution. It also ensures the participation of NStQ
Citizens in electing NStQ Government officials.

What does this chapter do?

This chapter provides for the making of an NStQ Constitution. The NStQ Constitution sets out the
structure of the NStQ Government. It will contain the process and rules for the elections of officials to
the NStQ Government.
The NStQ Constitution also sets out the process which allows the NStQ Government to enact NStQ
Laws.

What are the main points/examples?

The NStQ Government may make laws relating to elections, administration, management and
operation of the NStQ Government, including the establishment and details of NStQ Public
Institutions and NStQ Corporations.
If the NStQ Government makes an NStQ Law on any of the following topics, it must give at least 6
months notice to Canada and the Province (for potential agreements to be made): adoption, child
protection services, health services, family and social services, child care, or kindergarten to grade 12
education.
This chapter requires BC to give NStQ notice if it intends to introduce any laws that relate to any
subject matter which the NStQ Government has law-making authority over, or if introducing any law
will affect the Treaty.
The NStQ Constitution and any NStQ Laws will be maintained in a public registry and accessible to the
public.

CHAPTER 20: GOVERNANCE

What is the purpose of this chapter?
The purpose of this chapter is to allow the NStQ Government to practice self-government by having
the authority to enact NStQ Laws to be applied on NStQ Land.

What does this chapter do?

This chapter sets out the topic areas in which the NStQ Government may make laws. It also states
that the NStQ Government is responsible for the enforcement of NStQ Laws and may make laws
appointing officers to enforce the laws (but cannot establish a police force).
The NStQ Government is also permitted to provide Community Correctional Services and
rehabilitative community based programs.

What are the main points/examples?

Some areas the NStQ Government may make laws in relation to (to be applicable on NStQ Land) are:
Health services provided by an NStQ Institution (public and community health care programs,
addiction/prevention programs);
Aboriginal healers;
Family and social services (income assistance, social development, housing, community services);
Liquor control (prohibition, the sale, manufacture or consumption of liquor);
Solemnization of marriages;
Child Care services (provincial or federal law prevails if there is a conflict, unless it is in respect of
curriculum development for NStQ language and culture);
Education (kindergarten to grade 12, and post-secondary education);
Regulation of business on NStQ Land (licensing, fees, prohibition);
NStQ Citizenship (will not affect the right to be registered under the Indian Act);
Adoption, Child Custody and Protection Services (if the custody of an NStQ Child is in dispute in
Court, NStQ has standing in the Court proceedings);

Devolution of Cultural property (of an NStQ Citizen who dies intestate);

Offences and sanctions (including fines, Administrative penalties, community service,
imprisonment, for the violation of NStQ Law);
Enforcement of NStQ Law (appointing officials to enforce NStQ Law ); and
Community Correctional Services.

CHAPTER 21: FISCAL RELATIONS

What is the purpose of this chapter?
This chapter addresses the funding required to carry out the terms of the Treaty. In this chapter, the
Parties acknowledge that they each have a role in supporting NStQ (through direct or indirect financial
support or through access to public programs and services) to implement the Treaty.

What does this chapter do?

Before the Treaty, this chapter states the Parties will address fiscal matters, including ongoing fiscal
relationship among the Parties, and funding arrangements that will set out terms, conditions, and
funding with respect to the responsibilities assumed by NStQ.
The role of each Party and associated funding arrangements will be set out in a Fiscal Financing
Agreement or other arrangement.
The Fiscal Financing Agreement sets out the funding for the NStQ Government, agreed upon
programs and services, implementation, and the related terms and conditions.
Any funding required for the purposes of a Fiscal Financing Agreement, or any other agreement that is
contemplated by the NStQ Treaty and that provides for financial obligations to be assumed by a
Party, is subject to the appropriation of funds from each Party (Parliament of Canada, Legislature of
BC, and NStQ Government).
This chapter includes a provision which states the Parties acknowledge that Canada is developing a
new national fiscal policy for determining levels of federal funding available to self governing
aboriginal groups to support the delivery of agreed upon programs and services.
This new policy will take into account the ability of each governing aboriginal group to generate
revenues form its own sources.

CHAPTER 22: TAXATION

What is the purpose of this chapter?
This chapter sets out NStQs taxation powers, what tax exemptions will apply to NStQ, and how the
Parties will enter into agreements with respect to taxation powers.

What does this chapter do?

This chapter gives authority to NStQ to make laws to: require direct taxation of NStQ Citizens within
NStQ Land in order to raise revenue for NStQ purposes, and implement any taxation agreement
entered into between NStQ and Canada or BC. This authority does not limit the taxation powers of
Canada or BC on NStQ Citizens.
The tax exemption under s. 87 of the Indian Act (income of an Indian earned on a reserve and goods
bought on, or delivered to, a reserve) will be phased out as NStQ Land will not be considered reserve
land under that act.
This chapter does provide two tax exemptions:
1. NStQ does not have to pay real property taxes or taxes on capital wealth with respect to the
estate or interest of NStQ in NStQ Land on which there are no improvements or on which
there is a designated improvement. It goes on to define designated improvement as: a
residence of an NStQ Citizen; an improvement used for or related to a public purpose; an
improvement used primarily for the management or protection of a natural resource; and
forest resources and roads.
2. A transfer under the Treaty of NStQ Capital, or a recognition of ownership of NStQ Capital
under the Treaty, is not taxable. NStQ Capital means all land, cash, and other assets
transferred to, or recognized as owned by, NStQ under the Treaty.
This chapter states the Parties will negotiate taxation powers agreements. First, NStQ may request
Canada and/or BC to negotiate and attempt to reach agreement to allow NStQs direct taxation lawmaking authority to extend to persons other than NStQ Citizens on NStQ Land.
Second, NStQ and BC will negotiate and attempt to reach agreement on NStQs authority to impose
property taxes on non- NStQ Citizens in relation to their ownership or occupation of NStQ Land.
The Parties will enter into a tax treatment agreement, which will come into effect on the Effective
Date. This agreement will set out the tax status of, and how certain tax laws will be applied to, NStQ
Government, corporations owned by NStQ, and NStQ Citizens.

CHAPTER 23: CAPTIAL TRANSFER

What is the purpose of this Chapter?
The purpose of this chapter is to confirm and secure a monetary amount Canada and BC will pay to
NStQ, called the Capital Transfer, and address how NStQ will repay the monies received from Canada
through the BC Treaty Commission to negotiate and execute the Treaty.

What does this chapter do?

This chapter sets out the Capital Transfer amount, interest rate, payment period, outstanding loan
amount and schedule of net payments.
The Capital Transfer Canada and BC will pay to NStQ for AIP purposes will be $xxxx million. This
chapter requires the Parties to negotiate a provisional schedule of payment and its terms, and
provides a formula to determine the final schedule of payments.
After the Treaty is finalized, NStQ must pay the negotiation loan back to Canada. This chapter
addresses how the loan will be repaid (a negotiation loan repayment schedule will need to be
negotiated).
Before the start of the Treaty, Canada will determine the outstanding amount of negotiation loans
made by Canada to NStQ, including any interest, and will prepare a provisional schedule for
repayment of the outstanding negotiation loan amount.
This chapter also address resource revenue sharing between the Parties.
Before finalizing the Treaty, the Parties will negotiate sharing with NStQ revenues originating in BC
and flowing to Canada or British Columbia.

CHAPTER 24: APPROVAL OF THE AGREEMENT IN PRINCIPLE

What is the purpose of this chapter?
This chapter describes the process that each Party will follow to approve the AIP, in order to progress
to Final Treaty negotiations.
All three Parties must approve the AIP. This chapter sets out what constitutes an approval from each
Party.
The chief negotiators for NStQ, Canada and BC will submit the AIP to their respective principals for
approval after it has been initialed. In order for NStQ to approve the AIP, it must be signed by a
person authorized by NStQ after the community approval process.
Canada and BC must approve it by having it signed by the authorized Ministers.

CHAPTER 25: RATIFICATION OF THE FINAL AGREEMENT

What is the purpose of this chapter?
This chapter describes the process that each Party will follow to give effect to the Treaty, establishes
voter eligibility criteria for ratification by NStQ Citizens, and establishes a Ratification Committee to
oversee the NStQ ratification process.
The Treaty will not be legally binding until ratified by all three Parties in accordance with this chapter.

What does this chapter do?

This chapter sets the conditions in order for NStQ to ratify the Treaty, including:
NStQ individuals must have a reasonable opportunity to review the Treaty;
there must be a vote by secret ballot;
the NStQ Constitution must be ratified by the Eligible Voters;
at least 50% plus one of Eligible Voters votes in favour of entering the Treaty; and
the Treaty must be signed by the authorized representative of NStQ.
This chapter requires a Ratification Committee to be established (made up of one representative from
each Party) and lists its responsibilities.
The committee is responsible for: taking reasonable steps to provide all NStQ individuals with the
chance to review the NStQ Constitution and Treaty prior to the Ratification Vote; establishing and
publishing its procedures; preparing and publishing a List of Eligible Voters based on the Enrolment
Register; and preparing and organizing the voting procedures.
Eligible Voters includes individuals:
enrolled in the Treaty in accordance with the Eligibility and Enrolment Chapter; and
included on the List of Eligible Voters.
However, if your name isnt included on the List of Eligible Voters, this chapter provides steps to take
to rectify that (i.e. provide evidence as stipulated to the Voting Officer).

This chapter also sets out the conditions for ratification by Canada (signed by authorized minister and
coming into force of Federal Settlement Legislation) and ratification of the NStQ Constitution (NStQ
Citizens must have reasonable opportunity to review the Constitution and there must be a vote of at least
50% + 1 in favour).

CHAPTER 26: TRANSITION

What is the purpose of this chapter?
Generally, once the Treaty is in effect, the Indian Act will no longer apply, and NStQ Nation or Indian
Bands under the Indian Act will cease to exist. All the rights, titles, interests, assets, obligations and
liabilities of the NStQ Nation under the Indian Act will vest in NStQ.
This chapter sets out how the Indian Act will continue to apply to NStQ Citizens and NStQ once the
Treaty is in force and provides for a transition to phase the Indian Act out.

What does this chapter do?

With respect to estates, the Indian Act will apply to:
the property and estate of an NStQ Citizen who dies (testate or intestate) before the Treaty
takes effect.
an NStQ Citizen who executed a will under s. 45(2) of the Indian Act (any written instrument
signed by an NStQ Citizen expressing their intention to dispose of their property on their death)
an NStQ Citizen whose property was administered under s. 51 of the Indian Act immediately
before the Treaty and at the time of death (s. 51 states all authority in relation to the property of
a mentally incompetent Indian is vested exclusively with the Minister)
an NStQ Citizen who did not make a valid will under provincial law after the Treaty came into
force, and the individual was declared no longer incapable under the Patients Property Act.
Any By-laws created under the Indian Act that are in effect on the day before the Treaty takes force
(on former Indian reserve land located within NStQ Land) will continue to have effect for 6 months after
the Effective Date. NStQ may repeal, but not amend, a by-law.
All monies held by Canada for the use and benefit of NStQ pursuant to the Indian Act will be
transferred to NStQ after the Effective Date, and Canada will no longer be responsible for, or liable for
the administration of monies for NStQ.
Before finalizing the Treaty, the Parties will negotiate transitional tax measures to address s. 87 of the
Indian Act (tax exemption clause) no longer applying. The negotiations will provide a reasonably
comparable effect to transitional tax measures in other treaties negotiated with other aboriginal
groups in BC.

CHAPTER 27: DISPUTE RESOLUTION

What is the purpose of this chapter?
The purpose of this chapter is to establish and define a process for resolving disputes between the
Parties over the interpretation, application or implementation of the Treaty, or a breach or anticipated
breach of the Treaty. The objective is to cooperate with each other, prevent and minimize any
disagreements, and identify and resolve any in a timely manner.

What does this chapter do?

It defines how the dispute resolution process will be initiated. In this chapter a Party is deemed to be
directly engaged in a disagreement if another Party, acting reasonably, gives the first Party a written
notice requiring it to participate in a process described in this chapter to resolve the disagreement.
The goal is to resolve disagreements through informal discussions without invoking the process set
out in this chapter . The chapter defines the process in three stages (accompanied with an appendix to
detail how the Parties will proceed through each stage).
The stages are:
1. Collaborative Negotiations - formal efforts to reach agreement in collaborative negotiations;
2. Facilitated Processes - assistance of a neutral party who has no authority to resolve the dispute
in a facilitated process (i.e. could be mediation, technical advisory panel, community advisory
council); and
3. Adjudication/Arbitration - final adjudication in arbitral proceedings or in judicial proceedings.
Each stage must be completed in order and has defined timelines and notice requirements which are
set out in this chapter and accompanied appendices.
The Parties must engage in negotiations in good faith and any agreement reached must be recorded
in writing and will be binding on the Parties who signed such agreement.

CHAPTER 28: IMPLEMENTATION

What is the purpose of this chapter?
The purpose of this chapter is to develop a plan to guide the Parties in carrying out their respective
obligations and activities to ensure the Treaty is implemented properly.

What does this chapter do?

This chapter requires the Parties to establish an implementation plan that will take effect on the
Effective Date and have a term of 10 years, which may be renewed or extended upon agreement of
the Parties.
The implementation plan will:
identify the obligations arising from the Treaty;
identify the activities to be undertaken to fulfill these obligations;
identify the responsible Party or Parties and the timeframes for completion of those activities;
specify how the implementation plan may be amended;
specify how the implementation plan may be renewed or extended; and
address other matters agreed to by the Parties.
The Parties will establish an implementation working group and an implementation committee.
The implementation working group will be established during Treaty negotiations and will be
responsible for developing the plan and creating a list of activities the Parties must complete by the
Effective Date. The implementation committee will comprise of one representative from each Party.
It will have a term of 10 years, and be responsible for developing a communication strategy to
implement the Treaty and preparing annual reports on the implementation of the Treaty.