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1998 Legislative Session: 3rd Session, 36th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 22nd day of April, 1999

Ian D. Izard, Law Clerk

BILL 51: NIS G A'A FINAL AGREEMENT ACT –

SCHEDULE

CHAPTER 11 OF 22

CHAPTER 11

NIS G A'A GOVERNMENT

SELF-GOVERNMENT

1. The Nis g a'a Nation has the right to self-government,

and the authority to make laws, as set out in this Agreement.

RECOGNITION OF NIS G A'A LISIMS

GOVERNMENT AND NIS G A'A VILLAGE GOVERNMENTS

2. Nis g a'a Lisims Government and Nis g a'a Village

Governments, as provided for under the Nis g a'a Constitution, are the governments of

the Nis g a'a Nation and the Nis g a'a Villages, respectively.

3. Except as may otherwise be agreed to by the relevant Parties

in respect of particular matters, Nis g a'a Lisims Government is responsible for

intergovernmental relations between the Nis g a'a Nation on the one hand, and Canada

or British Columbia, or both, on the other hand.

4. The exercise of Nis g a'a Government jurisdiction and

authority set out in this Agreement will evolve over time.

LEGAL STATUS AND CAPACITY

5. The Nis g a'a Nation, and each Nis g a'a Village,

is a separate and distinct legal entity, with the capacity, rights, powers, and privileges

of a natural person, including to:

a. enter into contracts and agreements;

b. acquire and hold property or an interest in property, and sell or

otherwise dispose of that property or interest;

c. raise, spend, invest, or borrow money;

d. sue and be sued; and

e. do other things ancillary to the exercise of its rights, powers

and privileges.

6. The rights, powers, and privileges of the Nis g a'a

Nation, and of each Nis g a'a Village, will be exercised in accordance with:

a. this Agreement;

b. the Nis g a'a Constitution; and

c. Nis g a'a laws.

7. The Nis g a'a Nation will act through Nis g a'a

Lisims Government in exercising its rights, powers, and privileges and in carrying out its

duties, functions, and obligations.

8. Each Nis g a'a Village will act through its Nis g a'a

Village Government in exercising its rights, powers, and privileges and in carrying out

its duties, functions, and obligations.

NIS G A'A CONSTITUTION

9. The Nis g a'a Nation will have a Nis g a'a

Constitution, consistent with this Agreement, which will:

a. provide for Nis g a'a Lisims Government and Nis g a'a

Village Governments, including their duties, composition, and membership;

b. provide that this Agreement sets out the authority of Nis g a'a

Government to make laws;

c. assign to Nis g a'a Lisims Government and Nis g a'a

Village Governments the rights, powers, privileges, and responsibilities under this

Agreement that are not specifically assigned to Nis g a'a Lisims Government;

d. provide for the enactment of laws by Nis g a'a Government;

e. provide for challenging the validity of Nis g a'a laws;

f. provide for the creation, continuation, amalgamation, dissolution,

naming, or renaming of:

i. Nis g a'a Villages on Nis g a'a Lands, and

ii. Nis g a'a Urban Locals;

g. provide for Nis g a'a Urban Locals, or other means by which

Nis g a'a citizens residing outside of the Nass Area may participate in Nis g a'a

Lisims Government;

h. provide for the establishment of Nis g a'a Public

Institutions;

i. provide for the role of the Nis g a'a elders, Simgigat and

Sigidimhaana k , in providing guidance and

interpretation of the Ayuuk to

Nis g a'a Government;

j. provide that in the event of an inconsistency or conflict between

the Nis g a'a Constitution and the provisions of any Nis g a'a law, the Nis g a'a

law is, to the extent of the inconsistency or conflict, of no force or effect;

k. require that Nis g a'a Government be democratically

accountable to Nis g a'a citizens, and, in particular:

i. that elections for Nis g a'a Lisims Government and each

Nis g a'a Village Government be held at least every five years, and

ii. that, subject to residency, age, and other requirements set

out in the Nis g a'a Constitution or Nis g a'a law, all Nis g a'a citizens

are eligible to vote in Nis g a'a elections and to hold office in Nis g a'a

Government;

l. require a system of financial administration comparable to

standards generally accepted for governments in Canada, through which Nis g a'a

Lisims Government will be financially accountable to Nis g a'a citizens, and Nis g a'a

Village Governments will be financially accountable to Nis g a'a citizens of those

Nis g a'a Villages;

m. require conflict of interest rules that are comparable to

standards generally accepted for governments in Canada;

n. provide conditions under which the Nis g a'a Nation or a Nis g a'a

Village may:

i. dispose of the whole of its estate or interest in any parcel of

Nis g a'a Lands or Nis g a'a Fee Simple Lands, and

ii. from the whole of its estate or interest, create or dispose of

any lesser estate or interest in any parcel of Nis g a'a Lands or Nis g a'a Fee

Simple Lands;

o. recognize and protect rights and freedoms of Nis g a'a

citizens;

p. provide that every Nis g a'a participant who is a Canadian

citizen or permanent resident of Canada is entitled to be a Nis g a'a citizen;

q. provide for Nis g a'a Government during the period from the

effective date until the date on which the office holders elected in the first Nis g a'a

elections take office;

r. provide for amendment of the Nis g a'a Constitution; and

s. include other provisions, as determined by the Nis g a'a

Nation.

10. The Nis g a'a Constitution, as approved in accordance

with the Ratification Chapter, comes into force on the effective date.

11. The Nis g a'a Constitution will initially include an

amending procedure requiring that an amendment be approved by at least 70% of Nis g a'a

citizens voting in a referendum.

NIS G A'A GOVERNMENT

STRUCTURE

12. Each Nis g a'a Village Government consists of elected

members as set out in the Nis g a'a Constitution.

13. On the effective date, there are three Nis g a'a Urban

Locals, as set out in the Nis g a'a Constitution, known as:

a. Greater Vancouver Urban Local;

b. Terrace Urban Local; and

c. Prince Rupert/Port Edward Urban Local.

14. Nis g a'a Lisims Government consists of the following

members, as set out in the Nis g a'a Constitution:

a. at least three officers elected by the Nis g a'a Nation in a

general election;

b. the elected members of the Nis g a'a Village Governments; and

c. at least one representative elected by the Nis g a'a citizens

of each Nis g a'a Urban Local.

ELECTIONS

15. Elections for Nis g a'a Government will be held in

accordance with the Nis g a'a Constitution and Nis g a'a laws.

APPEAL AND REVIEW OF ADMINISTRATIVE

DECISIONS

16. Nis g a'a Government will provide appropriate

procedures for the appeal or review of administrative decisions of Nis g a'a Public

Institutions.

17. The Supreme Court of British Columbia has jurisdiction in

respect of applications for judicial review of administrative decisions of Nis g a'a

Institutions exercising a statutory power of decision under Nis g a'a law, but no

application for judicial review of those decisions may be brought until all procedures for

appeal or review provided by Nis g a'a Government and applicable to that decision

have been exhausted.

REGISTER OF LAWS

18. Nis g a'a Lisims Government will:

language and, at the discretion of Nis g a'a Lisims Government, in the Nis g a'a

language;

b. provide Canada and British Columbia with a copy of a Nis g a'a

law as soon as practicable after that law is enacted; and

c. establish procedures for the coming into force and publication of

Nis g a'a laws.

RELATIONS WITH INDIVIDUALS WHO ARE NOT

NIS G A'A CITIZENS

19. Nis g a'a Government will consult with individuals who

are ordinarily resident within Nis g a'a Lands and who are not Nis g a'a

citizens about Nis g a'a Government decisions that directly and significantly affect

them.

20. Nis g a'a Government will provide that individuals who

are ordinarily resident within Nis g a'a Lands and who are not Nis g a'a

citizens may participate in a Nis g a'a Public Institution, if the activities of that

Nis g a'a Public Institution directly and significantly affect them.

21. The means of participation under paragraph 20 will be:

a. a reasonable opportunity to make representations to the Nis g a'a

Public Institution in respect of activities that significantly and directly affect them;

b. if the members of a Nis g a'a Public Institution are elected:

i. the ability to vote for or become members of the Nis g a'a

Public Institution, or

ii. a guaranteed number of members, with the right to vote, on the

Nis g a'a Public Institution; or

c. other comparable measures.

22. Nis g a'a Government will provide that individuals who

are ordinarily resident within Nis g a'a Lands and who are not Nis g a'a

citizens may avail themselves of the appeal or review procedures referred to in paragraph

23. Nis g a'a Government may appoint individuals who are

not Nis g a'a citizens as members of Nis g a'a Public Institutions.

TRANSITIONAL PROVISIONS

24. From the effective date until the office holders elected in

the first Nis g a'a elections take office:

a. the members and officers of the General Executive Council of the

Nis g a'a Tribal Council on the day immediately before the effective date are the

members of Nis g a'a Lisims Government, in accordance with the transition provisions

of the Nis g a'a Constitution; and

b. the Chief Councillor and councillors of each of the Nis g a'a

band councils under the Indian Act on the day immediately before the effective date

are the elected members of the respective successor Nis g a'a Village Governments.

25. The first elections for the officers of Nis g a'a

Lisims Government, the members of each of the Nis g a'a Village Governments, and the

Nis g a'a Urban Local representatives to Nis g a'a Lisims Government, will be

held no later than six months after the effective date.

26. The Parties acknowledge that it is desirable that the

exercise of Nis g a'a Government authority be introduced in an effective and orderly

manner.

27. Before Nis g a'a Lisims Government first exercises law

making authority in respect of social services, health services, child and family

services, adoption, or pre-school to Grade 12 education, Nis g a'a Lisims

Government will give notice to Canada and British Columbia of the intended exercise of

authority.

28. After Nis g a'a Lisims Government has given notice

under paragraph 27, at the request of Canada or British Columbia, Nis g a'a Lisims

Government will consult or otherwise discuss with Canada or British Columbia, as the case

may be, in respect of:

a. any transfer of cases and related documentation from federal or

provincial institutions to Nis g a'a Institutions, including any confidentiality and

privacy considerations;

b. any transfer of assets from federal or provincial institutions to

Nis g a'a Institutions;

c. immunity of Nis g a'a Government employees providing services

or exercising authority under Nis g a'a laws;

d. any appropriate amendments to federal or provincial laws; and

e. other matters agreed to by the Parties.

29. The Parties may negotiate agreements regarding any of the

matters set out in paragraph 28, but an agreement under this paragraph is not a condition

precedent to the exercise of law making authority by Nis g a'a Government.

Amendment of Provincial Legislation

30. British Columbia will consult with Nis g a'a Lisims

Government before amending a provincial law if:

a. this Agreement provides for Nis g a'a Government law making

authority in respect of the subject matter of the provincial law being amended;

b. Nis g a'a Government has made a law in respect of that

subject matter;

c. the validity of the Nis g a'a law depends upon a comparison

with the provincial law being amended; and

d. the proposed amendment would result in the Nis g a'a law

ceasing to be valid.

31. Consultations under paragraph 30 may include:

a. the nature and purpose of the proposed amendment to the provincial

law;

b. the anticipated date the proposed amendment will take effect;

c. any necessary changes to Nis g a'a law as a result of the

amendment; and

d. other matters agreed to by the Parties.

LEGISLATIVE JURISDICTION AND AUTHORITY

General

32. In the event of an inconsistency or conflict between this

Agreement and the provisions of any Nis g a'a law, this Agreement prevails to the

extent of the inconsistency or conflict.

33. Nis g a'a Lisims Government and Nis g a'a Village

Governments, respectively, have the principal authority, as set out in, and in accordance

with, this Agreement, in respect of Nis g a'a Government, Nis g a'a citizenship,

Nis g a'a culture, Nis g a'a language, Nis g a'a Lands, and Nis g a'a

assets.

Nis g a'a Government

34. Nis g a'a Lisims Government may make laws in respect

of the administration, management and operation of Nis g a'a Government, including:

a. the establishment of Nis g a'a Public Institutions, including

their respective powers, duties, composition, and membership;

b. powers, duties, responsibilities, remuneration, and

indemnification of members, officials, employees, and appointees of Nis g a'a

Institutions;

c. the establishment of Nis g a'a Corporations, but the

registration or incorporation of the Nis g a'a Corporations must be under federal or

provincial laws;

d. the delegation of Nis g a'a Government authority, but the

authority to make laws may be delegated only to a Nis g a'a Institution;

e. financial administration of the Nis g a'a Nation, Nis g a'a

Villages, and Nis g a'a Institutions; and

f. elections, by-elections, and referenda.

35. Each Nis g a'a Village Government may make laws in

respect of the administration, management, and operation of that Nis g a'a Village

Government, including:

a. the establishment of Nis g a'a Public Institutions of that

Nis g a'a Village Government, including their respective powers, duties, composition,

and membership;

b. powers, duties, responsibilities, remuneration, and

indemnification of members, officials, employees, and appointees of Nis g a'a Public

Institutions referred to in subparagraph (a); and

c. the delegation of the Nis g a'a Village Government's

authority, but the authority to make laws may be delegated only to a Nis g a'a

Institution.

36. In the event of an inconsistency or conflict between a Nis g a'a

law under paragraphs 34 or 35 and a federal or provincial law, the Nis g a'a law

prevails to the extent of the inconsistency or conflict.

37. Nis g a'a Lisims Government may make laws in respect

of the creation, continuation, amalgamation, dissolution, naming, or renaming of:

a. Nis g a'a Villages on Nis g a'a Lands; and

b. Nis g a'a Urban Locals.

38. In the event of an inconsistency or conflict between a Nis g a'a

law under paragraph 37 and a federal or provincial law, the Nis g a'a law prevails to

the extent of the inconsistency or conflict.

Nis g a'a Citizenship

39. Nis g a'a Lisims Government may make laws in respect

of Nis g a'a citizenship. The conferring of Nis g a'a citizenship does not:

a. confer or deny rights of entry into Canada, Canadian citizenship,

the right to be registered as an Indian under the Indian Act , or any of the rights

or benefits under the Indian Act ; or

b. except as set out in this Agreement or in any federal or

provincial law, impose any obligation on Canada or British Columbia to provide rights or

benefits.

40. In the event of an inconsistency or conflict between a Nis g a'a

law under paragraph 39 and a federal or provincial law, the Nis g a'a law prevails to

the extent of the inconsistency or conflict.

Culture and Language

41. Nis g a'a Lisims Government may make laws to preserve,

promote, and develop Nis g a'a culture and Nis g a'a language, including laws to

authorize or accredit the use, reproduction, and representation of Nis g a'a cultural

symbols and practices, and the teaching of Nis g a'a language.

42. Except as provided for by federal or provincial law, Nis g a'a

Lisims Government jurisdiction under paragraph 41 to make laws in respect of Nis g a'a

culture and Nis g a'a language does not include jurisdiction to make laws in respect

of intellectual property, the official languages of Canada or the prohibition of

activities outside of Nis g a'a Lands.

43. In the event of an inconsistency or conflict between a Nis g a'a

law under paragraph 41 and a federal or provincial law, the Nis g a'a law prevails to

the extent of the inconsistency or conflict.

Nis g a'a Property in Nis g a'a Lands

44. Nis g a'a Lisims Government may make laws in respect

of:

a. the use and management of Nis g a'a Lands owned by the Nis g a'a

Nation, a Nis g a'a Village, or a Nis g a'a Corporation;

b. the possession of Nis g a'a Lands owned by the Nis g a'a

Nation, a Nis g a'a Village, or a Nis g a'a Corporation, including the granting

of rights of possession in Nis g a'a Lands and any conditions or restrictions on

those rights;

c. the disposition of an estate or interest of the Nis g a'a

Nation, a Nis g a'a Village or a Nis g a'a Corporation, in any parcel of Nis g a'a

Lands, including:

i. the disposition of the whole of an estate or interest,

ii. from the whole of its estate or interest, the creation or

disposition of any lesser estate or interest, and

iii. the creation of rights of way and covenants similar to those

in sections 218 and 219 of the Land Title Act ;

d. the conditions on, and restrictions subject to which, the Nis g a'a

Nation, a Nis g a'a Village or a Nis g a'a Corporation may create or dispose of

its estates or interests in any parcel of Nis g a'a Lands;

e. the conditions or restrictions, to be established at the time of

the creation or disposition of an estate or interest of the Nis g a'a Nation, a Nis g a'a

Village or a Nis g a'a Corporation in any parcel of Nis g a'a Lands, in respect

of that and any subsequent disposition;

f. the reservation or exception of interests, rights, privileges, and

titles from any creation or disposition of an estate or interest of the Nis g a'a

Nation, a Nis g a'a Village, or Nis g a'a Corporation in Nis g a'a Lands;

and

g. other similar matters relating to the property interests of the

Nis g a'a Nation, Nis g a'a Villages, and Nis g a'a Corporations in Nis g a'a

Lands.

45. In the event of an inconsistency or conflict between a Nis g a'a

law under paragraph 44 and a federal or provincial law, the Nis g a'a law prevails to

the extent of the inconsistency or conflict.

46. Nis g a'a laws under paragraph 44 (

c) in respect

of estates or interests that are recognized and permitted by federal or provincial laws of

general application will be consistent with federal and provincial laws of general

application in respect of those estates or interests, other than the provincial Torrens

system and any federal land title or land registry laws.

Regulation, Administration and Expropriation of Nis g a'a

Lands

47. Nis g a'a Lisims Government may make laws in respect

of:

a. the use, management, planning, zoning, and development of Nis g a'a

Lands;

b. regulation, licensing, and prohibition of the operation on Nis g a'a

Lands of businesses, professions, and trades, including the imposition of licence fees or

other fees, other than laws in respect of the accreditation, certification, or

professional conduct of professions and trades; and

c. other similar matters related to the regulation and administration

of Nis g a'a Lands.

48. Each Nis g a'a Village Government may make laws in

respect of the matters referred to in paragraph 47, to apply on their respective Nis g a'a

Village Lands.

49. In the event of an inconsistency or conflict between a Nis g a'a

law under paragraph 47 or 48 and a federal or provincial law, the Nis g a'a law

prevails to the extent of the inconsistency or conflict.

50. Nis g a'a Lisims Government may make laws in respect

of:

a. subject to paragraphs 2, 3, and 4 of the Land Title Chapter, the

establishment and operation of a land title or land registry system, in respect of

estates, interests, charges, encumbrances, conditions, provisos, restrictions, exceptions,

and reservations on or in Nis g a'a Lands, including the establishment of a

requirement similar to subsection 20 (1) of the Land Title Act ;

b. designation of any parcel of Nis g a'a Lands as Nis g a'a

Private Lands or Nis g a'a Village Lands;

c. expropriation by Nis g a'a Government for public purposes and

public works, of estates, or interests in Nis g a'a Lands other than:

i. interests referred to in paragraphs 30 and 41 of the Lands

Chapter to which Nis g a'a Lands are subject on the effective date,

ii. subject to paragraphs 35 and 36 of the Lands Chapter,

interests referred to in paragraphs 33 and 34 of the Lands

Chapter to which Nis g a'a

Lands are subject on the effective date,

iii. estates or interests expropriated by Canada in accordance

with the Lands Chapter, and

iv. rights of way acquired by British Columbia or a public utility

in accordance with the Roads and Rights of Way Chapter; and

d. other similar matters related to the regulation and administration

of Nis g a'a Lands.

51. In the event of an inconsistency or conflict between a Nis g a'a

law under paragraph 50 and a federal or provincial law, the Nis g a'a law prevails to

the extent of the inconsistency or conflict.

52. Notwithstanding paragraphs 45, 49 and 51, in the event of a

conflict between a Nis g a'a law and a federal law of general application in respect

of prospecting for, production of, refining, and handling of uranium or other products

capable of releasing atomic energy, the federal law prevails to the extent of the

conflict. Nothing in this paragraph is intended to require the production of uranium or

other products capable of releasing atomic energy.

Nis g a'a Assets

53. Nis g a'a Lisims Government may make laws in respect

of:

a. the use, possession, and management of the assets, other than real

property, on Nis g a'a Lands of the Nis g a'a Nation, Nis g a'a Villages,

and Nis g a'a Corporations;

b. the imposition of conditions on, and restrictions subject to

which, Nis g a'a Government, and Nis g a'a Corporations may authorize the

disposition of the assets, other than real property, within Nis g a'a Lands of the

Nis g a'a Nation, Nis g a'a Villages, and Nis g a'a Corporations; and

c. other similar matters relating to the property interests of the

Nis g a'a Nation, Nis g a'a Villages, and Nis g a'a Corporations in their

assets, other than real property, on Nis g a'a Lands.

54. A Nis g a'a Village Government may make laws in

respect of the matters referred to in paragraph 53, to apply to its assets, other than

real property, on its Nis g a'a Village Lands.

55. In the event of an inconsistency or conflict between a Nis g a'a

law under paragraph 53 or 54 and a federal or provincial law, the Nis g a'a law

prevails to the extent of the inconsistency or conflict.

56. Nis g a'a Lisims Government may make laws in respect

of the use, possession, and management of assets, located off of Nis g a'a Lands, of

the Nis g a'a Nation, a Nis g a'a Village, or a Nis g a'a Corporation.

57. A Nis g a'a Village Government may make laws in

respect of the use, possession, and management of assets of that Nis g a'a Village,

located off of Nis g a'a Lands.

58. In the event of a conflict between a Nis g a'a law

under paragraphs 56 or 57 and a federal or provincial law of general application, the

federal or provincial law prevails to the extent of the conflict.

Public Order, Peace, and Safety

59. Nis g a'a Lisims Government may make laws in respect

of the regulation, control, or prohibition of any actions, activities, or undertakings on

Nis g a'a Lands, or on submerged lands within Nis g a'a Lands, other than

actions, activities, or undertakings on submerged lands that are authorized by the Crown,

that constitute, or may constitute, a nuisance, a trespass, a danger to public health, or

a threat to public order, peace, or safety.

60. A Nis g a'a Village Government may make laws in

respect of the regulation, control, or prohibition of any actions, activities, or

undertakings on the Nis g a'a Village Lands of that Nis g a'a Village, or on

submerged lands within those Nis g a'a Village Lands, other than actions, activities,

or undertakings on those submerged lands that are authorized by the Crown, that

constitute, or may constitute, a nuisance, a trespass, a danger to public health, or a

threat to public order, peace, or safety.

61. For greater certainty, Nis g a'a Government authority

does not include authority in respect of criminal law.

62. In the event of a conflict between a Nis g a'a law

under paragraph 59 or 60 and a federal or provincial law of general application, the

federal or provincial law prevails to the extent of the conflict.

Duty to Accommodate

63. Nis g a'a Lisims Government may make laws prescribing

the aspects of Nis g a'a culture, including aspects such as cultural leave from

employment, to be accommodated in accordance with federal and provincial laws of general

application by employers and employees' organizations that have the duty to accommodate

employees under those federal and provincial laws.

Industrial Relations

64. If, in any industrial relations matter or industrial

relations proceeding involving individuals employed on Nis g a'a Lands, other than a

matter or proceeding arising from a collective agreement, an issue arises in respect of

this Agreement or Nis g a'a culture, the matter or proceeding will not be concluded

until notice has been served on Nis g a'a Lisims Government in accordance with the

rules for giving notice that govern that matter or proceeding.

65. In any industrial relations matter or industrial relations

proceeding to which paragraph 64 applies, Nis g a'a Lisims Government may make

representations concerning this Agreement or the effect of the matter or proceeding on Nis g a'a

culture.

66. Any representations of Nis g a'a Lisims Government in

an industrial relations matter or industrial relations proceeding before a board,

commission, or other tribunal under paragraph 65 will be in accordance with the rules in

respect of the industrial relations matter or proceeding and will not affect the ability

of the board, commission, or other tribunal to control its process.

67. For greater certainty, paragraphs 64 to 66 do not affect

federal or provincial jurisdiction in respect of industrial relations, employment

standards, and occupational health and safety.

Human Resource Development

68. At the request of any Party, the Parties will negotiate and

attempt to reach agreements for Nis g a'a Lisims Government delivery and

administration of federal or provincial services or programs that are intended to:

a. improve the employability or skill level of the labour force and

persons destined for the labour force; or

b. create new employment or work experience opportunities.

Buildings, Structures, and Public Works

69. Subject to the Roads and Rights of Way Chapter, Nis g a'a

Lisims Government may make laws in respect of the design, construction, maintenance,

repair, and demolition of buildings, structures, and public works on Nis g a'a Lands.

70. Subject to the Roads and Rights of Way Chapter, a Nis g a'a

Village Government may make laws in respect of the matters referred to in paragraph 69, to

apply on the Nis g a'a Village Lands of that Nis g a'a Village.

71. In the event of a conflict between a Nis g a'a law

under paragraph 69 or 70 and a federal or provincial law of general application, the

federal or provincial law prevails to the extent of the conflict.

Traffic and Transportation

72. A Nis g a'a Village Government may make laws in

respect of the regulation of traffic and transportation on Nis g a'a Roads within its

village, to the same extent as municipal governments have authority in respect of the

regulation of traffic and transportation in municipalities in British Columbia.

73. Nis g a'a Lisims Government may make laws in respect

of the regulation of traffic and transportation on Nis g a'a Roads, other than Nis g a'a

Roads within Nis g a'a villages, to the same extent as municipal governments have

authority in respect of the regulation of traffic and transportation in municipalities in

British Columbia.

74. In the event of a conflict between a Nis g a'a law

under paragraphs 72 or 73 and a federal or provincial law of general application, the

federal or provincial law prevails to the extent of the conflict.

Solemnization of Marriages

75. Nis g a'a Lisims Government may make laws in respect

of solemnization of marriages within British Columbia, including prescribing conditions

under which individuals appointed by Nis g a'a Lisims Government may solemnize

marriages.

76. In the event of a conflict between a Nis g a'a law

under paragraph 75 and a federal or provincial law of general application, the federal or

provincial law prevails to the extent of the conflict.

77. Individuals appointed by Nis g a'a Lisims Government

to solemnize marriages:

a. will be registered by British Columbia as persons authorized to

solemnize marriages; and

b. have the authority to solemnize marriages under British Columbia

law and Nis g a'a law, and have all the associated rights, duties and

responsibilities of a marriage commissioner under the provincial Marriage Act .

Social Services

78. Nis g a'a Lisims Government may make laws in respect

of the provision of social services by Nis g a'a Government to Nis g a'a

citizens, other than the licensing and regulation of facility-based services off Nis g a'a

Lands.

79. In the event of a conflict between a Nis g a'a law

under paragraph 78 and a federal or provincial law of general application, the federal or

provincial law prevails to the extent of the conflict.

80. If Nis g a'a Lisims Government makes laws under

paragraph 78, at the request of any Party, the Parties will negotiate and attempt to reach

agreements in respect of exchange of information, avoidance of double payments, and

related matters.

81. At the request of any Party, the Parties will negotiate and

attempt to reach agreements for administration and delivery by Nis g a'a Government

of federal and provincial social services and programs for all individuals residing within

Nis g a'a Lands. Those agreements will include a requirement that Nis g a'a

citizens and individuals who are not Nis g a'a citizens be treated equally in the

provision of those social services and programs.

Health Services

82. Nis g a'a Lisims Government may make laws in respect

of health services on Nis g a'a Lands.

83. In the event of a conflict between a Nis g a'a law

under paragraph 82 and a federal or provincial law of general application, the federal or

provincial law prevails to the extent of the conflict.

84. Notwithstanding paragraph 83, in the event of an

inconsistency or conflict between a Nis g a'a law determining the organization and

structure for the delivery of health services on Nis g a'a Lands, and a federal or

provincial law, the Nis g a'a law prevails to the extent of the inconsistency or

conflict.

85. At the request of any Party, the Parties will negotiate and

attempt to reach agreements for Nis g a'a Lisims Government delivery and

administration of federal and provincial health services and programs for all individuals

residing within Nis g a'a Lands. Those agreements will include a requirement that Nis g a'a

citizens and individuals who are not Nis g a'a citizens be treated equally in the

provision of those health services and programs.

Aboriginal Healers

86. Nis g a'a Lisims Government may make laws in respect

of the authorization or licensing of individuals who practice as aboriginal healers on Nis g a'a

Lands, but, this authority to make laws does not include the authority to regulate

products or substances that are regulated under federal or provincial laws of general

application.

87. In the event of an inconsistency or conflict between a Nis g a'a

law under paragraph 86 and a federal or provincial law, the Nis g a'a law prevails to

the extent of the inconsistency or conflict.

88. Any Nis g a'a law under paragraph 86 will include

measures in respect of competence, ethics and quality of practice that are reasonably

required to protect the public.

Child and Family Services

89. Nis g a'a Lisims Government may make laws in respect

of child and family services on Nis g a'a Lands, provided that those laws include

standards comparable to provincial standards intended to ensure the safety and well-being

of children and families.

90. Notwithstanding any laws made under paragraph 89, if there

is an emergency in which a child on Nis g a'a Lands is at risk, British Columbia may

act to protect the child and, in those circumstances, unless British Columbia and Nis g a'a

Lisims Government otherwise agree, British Columbia will refer the matter back to Nis g a'a

Lisims Government after the emergency.

91. In the event of an inconsistency or conflict between a Nis g a'a

law under paragraph 89 and a federal or provincial law, the Nis g a'a law prevails to

the extent of the inconsistency or conflict.

92. At the request of Nis g a'a Lisims Government, Nis g a'a

Lisims Government and British Columbia will negotiate and attempt to reach agreements in

respect of child and family services for Nis g a'a children who do not reside on Nis g a'a

Lands.

93. Laws of general application in respect of reporting of

child abuse apply on Nis g a'a Lands.

Child Custody

94. Nis g a'a Government has standing in any judicial

proceedings in which custody of a Nis g a'a child is in dispute, and the court will

consider any evidence and representations in respect of Nis g a'a laws and customs in

addition to any other matters it is required by law to consider.

95. The participation of Nis g a'a Government in

proceedings referred to in paragraph 94 will be in accordance with the applicable rules of

court and will not affect the court's ability to control its process.

Adoption

96. Nis g a'a Lisims Government may make laws in respect

of the adoption of Nis g a'a children, provided that those laws:

a. expressly provide that the best interests of the child be the

paramount consideration in determining whether an adoption will take place; and

b. require Nis g a'a Lisims Government to provide British

Columbia and Canada with records of all adoptions occurring under Nis g a'a laws.

97. Nis g a'a law applies to the adoption of a Nis g a'a

child residing off Nis g a'a Lands if:

a. the parent, parents, or guardian of the child consent to the

application of Nis g a'a law to the adoption; or

b. a court dispenses with the requirement for the consent referred to

in subparagraph (a), in accordance with the criteria that would be used by that court

in an application to dispense with the requirement for a parent or guardian's consent to

an adoption.

98. If the Director of Child Protection, or a successor to that

position, becomes the guardian of a Nis g a'a child, the Director will:

a. provide notice to Nis g a'a Lisims Government that the

Director is the guardian of the Nis g a'a child;

b. provide notice to Nis g a'a Lisims Government of any plan for

the Nis g a'a child's care that could result in an application to adopt the Nis g a'a

child; and

c. consent to the application of Nis g a'a law to the adoption

of that child, unless it is determined under provincial law that there are good reasons to

believe it is in the best interests of the child to withhold consent.

99. In the event of an inconsistency or conflict between a Nis g a'a

law under paragraph 96 and a federal or provincial law, the Nis g a'a law prevails to

the extent of the inconsistency or conflict.

Pre-school to Grade 12 Education

100. Nis g a'a Lisims Government may make laws in respect

of pre-school to grade 12 education on Nis g a'a Lands of Nis g a'a citizens,

including the teaching of Nis g a'a language and culture, provided that those laws

include provisions for:

a. curriculum, examination, and other standards that permit transfers

of students between school systems at a similar level of achievement and permit admission

of students to the provincial post-secondary education systems;

b. certification of teachers, other than for the teaching of Nis g a'a

language and culture, by:

i. a Nis g a'a Institution, in accordance with standards

comparable to standards applicable to individuals who teach in public or independent

schools in British Columbia, or

ii. a provincial body having the responsibility to certify

individuals who teach in public or independent schools in British Columbia; and

c. certification of teachers, for the teaching of Nis g a'a

language and culture, by a Nis g a'a Institution, in accordance with standards

established under Nis g a'a law.

101. In the event of an inconsistency or conflict between a Nis g a'a

law under paragraph 100 and a federal or provincial law, the Nis g a'a law

prevails to the extent of the inconsistency or conflict.

102. If Nis g a'a Lisims Government makes laws under

paragraph 100, at the request of Nis g a'a Lisims Government or British Columbia,

those Parties will negotiate and attempt to reach agreements concerning the provision of

Kindergarten to Grade 12 education to:

a. persons other than Nis g a'a citizens residing within Nis g a'a

Lands; and

b. Nis g a'a citizens residing off Nis g a'a Lands.

Post-Secondary Education

103. Nis g a'a Lisims Government may make laws in respect

of post-secondary education within Nis g a'a Lands, including:

a. the establishment of post-secondary institutions that have the

ability to grant degrees, diplomas or certificates;

b. the determination of the curriculum for post-secondary

institutions established under Nis g a'a law;

c. the accreditation and certification of individuals who teach or

research Nis g a'a language and culture; and

d. the provision for and coordination of all adult education

programs.

104. Nis g a'a laws in respect of post-secondary education

will include standards comparable to provincial standards in respect of:

a. institutional organizational structure and accountability;

b. admission standards and policies;

c. instructors' qualifications and certification;

d. curriculum standards sufficient to permit transfers of students

between provincial post-secondary institutions; and

e. requirements for degrees, diplomas, or certificates.

105. In the event of an inconsistency or conflict between a Nis g a'a

law under paragraph 103 and a federal or provincial law, the Nis g a'a law

prevails to the extent of the inconsistency or conflict.

106. Nis g a'a Lisims Government may operate and provide

post-secondary education services outside Nis g a'a Lands in accordance with federal

and provincial laws.

107. Nis g a'a Lisims Government may prescribe the terms

and conditions under which Nis g a'a post-secondary institutions may enter into

arrangements with other institutions or British Columbia to provide post-secondary

education outside Nis g a'a Lands.

Gambling and Gaming

108. British Columbia will not licence or approve gambling or

gaming facilities on Nis g a'a Lands other than in accordance with any terms and

conditions established by Nis g a'a Government that are not inconsistent with federal

and provincial laws of general application.

109. Any change in federal or provincial legislation or policy

that permits the involvement of aboriginal peoples in the regulation of gambling and

gaming will, with the consent of Nis g a'a Lisims Government, apply to Nis g a'a

Government.

Intoxicants

110. Nis g a'a Government may make laws in respect of the

consumption of intoxicants on Nis g a'a Lands.

111. In the event of a conflict between a Nis g a'a law

under paragraph 110 and a federal or provincial law of general application, the federal or

provincial law prevails to the extent of the conflict.

112. The Nis g a'a Nation, its agents and assignees have:

a. the exclusive right to sell liquor on Nis g a'a Lands in

accordance with laws of general application; and

b. the right to purchase liquor from the British Columbia Liquor

Distribution Branch, or its successors, in accordance with federal and provincial laws of

general application.

113. British Columbia will approve an application made by or

with the consent of Nis g a'a Lisims Government for a license, permit, or other

authority to sell liquor on Nis g a'a Lands, if the application meets provincial

regulatory requirements.

114. British Columbia will authorize persons designated by Nis g a'a

Government, in accordance with provincial laws of general application, to approve or deny

applications for special occasion or temporary permits to sell liquor.

Devolution of Cultural Property

115. In paragraphs 116 to 119, "cultural property"

means:

a. ceremonial regalia and similar personal property associated with a

Nis g a'a chief or clan; and

b. other personal property that has cultural significance to the Nis g a'a

Nation.

116. Nis g a'a Lisims Government may make laws in respect

of devolution of the cultural property of a Nis g a'a citizen who dies intestate. In

the event of an inconsistency or conflict between a Nis g a'a law under this

paragraph and a federal or provincial law, the Nis g a'a law prevails to the extent

of the inconsistency or conflict.

117. Nis g a'a Lisims Government has standing in any

judicial proceeding in which:

a. the validity of the will of a Nis g a'a citizen; or

b. the devolution of the cultural property of a Nis g a'a

citizen

is at issue, including any proceedings under wills variation

legislation.

118. Nis g a'a Lisims Government may commence an action

under wills variation legislation in British Columbia in respect of the will of a Nis g a'a

citizen that provides for a devolution of cultural property.

119. In a proceeding to which paragraph 116, 117 or 118

applies, the court will consider, among other matters, any evidence or representations in

respect of Nis g a'a laws and customs dealing with the devolution of cultural

property.

120. The participation of Nis g a'a Lisims Government in

proceedings referred to in paragraphs 116 to 118 will be in accordance with the applicable

rules of court and will not affect the court's ability to control its process.

Other Areas of Legislative Jurisdiction

121. In addition to the laws that Nis g a'a Government may

make under this Chapter, Nis g a'a Government may make laws in respect of matters

within Nis g a'a Government jurisdiction as set out in, and in accordance with, this

Agreement.

EMERGENCY PREPAREDNESS

122. Nis g a'a Lisims Government, with respect to Nis g a'a

Lands, has the rights, powers, duties, and obligations of a local authority under federal

and provincial legislation in respect of emergency preparedness and emergency measures.

123. Nis g a'a Lisims Government may make laws in respect

of its rights, powers, duties, and obligations under paragraph 122. In the event of a

conflict between a Nis g a'a law under this paragraph and a federal or provincial law

of general application, the federal or provincial law prevails to the extent of the

conflict.

124. For greater certainty, Nis g a'a Lisims Government

may declare a state of local emergency, and exercise the powers of a local authority in

respect of local emergencies in accordance with federal and provincial laws in respect of

emergency measures, but any declaration and any exercise of those powers is subject to the

authority of Canada and British Columbia set out in those federal and provincial laws.

125. Nothing in this Agreement affects the authority of:

a. Canada to declare a national emergency; or

b. British Columbia to declare a provincial emergency

in accordance with federal and provincial laws of general

application.

OTHER MATTERS

126. For greater certainty, the authority of Nis g a'a

Government to make laws in respect of a subject matter as set out in this Agreement

includes the authority to make laws and to do other things as may be necessarily

incidental to exercising its authority.

127. Nis g a'a Government may make laws and do other

things that may be necessary to enable each of the Nis g a'a Nation, a Nis g a'a

Village, and Nis g a'a Government to exercise its rights, or to carry out its

responsibilities, under this Agreement.

128. Nis g a'a Government may provide for the imposition

of penalties, including fines, restitution, and imprisonment for the violation of Nis g a'a

laws, within the limits set out for

summary conviction offences in the Criminal Code of

Canada or the British Columbia Offence Act.

129. Nis g a'a Government may adopt federal or provincial

laws in respect of matters within Nis g a'a Government jurisdiction as set out in

this Agreement.

NIS G A'A

GOVERNMENT LIABILITY

Elected Members of Nis g a'a Government

130. No action for damages lies, or may be instituted against,

an elected member, or former elected member, of Nis g a'a Lisims Government or of a

Nis g a'a Village Government:

a. for anything said or done, or omitted to be said or done, by or on

behalf of the Nis g a'a Nation, Nis g a'a Lisims Government, a Nis g a'a

Village, or a Nis g a'a Village Government, while that person is, or was, an elected

member;

b. for any alleged neglect or default in the performance, or intended

performance, of a duty, or the exercise of a power, of the Nis g a'a Nation, Nis g a'a

Lisims Government, a Nis g a'a Village, or a Nis g a'a Village Government, while

that person is, or was, an elected member;

c. for anything said or done, or omitted to be said or done, by that

person in the performance, or intended performance, of the person's duty or the exercise

of the person's power; or

d. for any alleged neglect or default in the performance, or intended

performance, of that person's duty or exercise of that person's power.

131. Subparagraphs 130 (

c) and (

d) do not provide a

defence if:

a. the person has, in relation to the conduct that is the subject

matter of the action, been guilty of dishonesty, gross negligence or malicious or wilful

misconduct; or

b. the cause of action is libel or slander.

132. Subparagraphs 130 (

c) and (

d) do not absolve the Nis g a'a

Nation or a Nis g a'a Village from vicarious liability arising out of a tort

committed by an elected member or former elected member of Nis g a'a Lisims

Government, or the Nis g a'a Village Government for which the Nis g a'a Nation

or the Nis g a'a Village would have been liable had those subparagraphs not been in

effect.

Nis g a'a Nation and Nis g a'a Villages

133. The Nis g a'a Nation, and each Nis g a'a

Village, has the protections, immunities, limitations in respect of liability, remedies

over, and rights provided to a municipality under

Part 7 of the Municipal Act.

134. Subject to paragraph 1 of the Access Chapter, the Nis g a'a

Nation and each Nis g a'a Village has the protections, immunities, limitations in

respect of liability, remedies over, and rights provided to a municipality under the Occupiers

Liability Act , and, for greater certainty, has those protections, immunities,

limitations in respect of liability, remedies over, and rights, in respect of a road on

Nis g a'a Lands used by the public, or by industrial or resource users, if the Nis g a'a

Nation or the Nis g a'a Village is the occupier of that road.

Nis g a'a Governments

135. Nis g a'a Lisims Government, and each Nis g a'a

Village Government, has the protections, immunities, limitations in respect of liability,

remedies over, and rights provided to the council of a municipality under

Part 7 of the Municipal

Act.

Writ of Execution Against Nis g a'a Nation or Nis g a'a

Village

136. Notwithstanding paragraphs 133 and 135, a writ of

execution against the Nis g a'a Nation or a Nis g a'a Village must not be issued

without leave of the Supreme Court of British Columbia, which may:

a. permit the issue of the writ at a time and on conditions the court

considers proper; or

b. refuse to permit the writ to be issued, or suspend action under

137. In determining how it will proceed under paragraph 136,

the court must have regard to:

a. any reputed insolvency of the Nis g a'a Nation or Nis g a'a

Village;

b. any security afforded to the person entitled to the judgment by

the registration of the judgment;

c. the delivery of programs or services by the Nis g a'a Nation

or the Nis g a'a Village that are not provided by municipalities in British Columbia,

and the funding of those programs or services; and

d. the immunities from seizure of assets of the Nis g a'a Nation

or the Nis g a'a Village as set out in this Agreement.

Nis g a'a Public Officers

138. A Nis g a'a public officer has the protections,

immunities, limitations in respect of liability, and rights provided to a municipal public

officer under

Part 7 of the Municipal Act.

139. Notwithstanding paragraph 138, except as may be otherwise

provided under federal or provincial law, a Nis g a'a public officer does not have

protections, immunities, or limitations in respect of liability, in respect of the

provision of:

a. a service, if no persons delivering reasonably similar programs or

services under federal or provincial laws have protections, immunities, limitations in

respect of liability, or rights under federal or provincial laws; or

b. a program or service of the Nis g a'a Court, Nis g a'a

Police Board, or Nis g a'a Police Service, except as provided for in the

Administration of Justice Chapter.

140. The Inspector of Municipalities for British Columbia will

not unreasonably withhold consent to the approval of the documents of incorporation of a

Nis g a'a Corporation if the principal function of the Nis g a'a Corporation is

to provide public programs or services reasonably similar to those provided by federal,

provincial, or municipal governments, rather than to engage in commercial activities.

141. British Columbia will consult with Nis g a'a Lisims

Government in respect of any change to provincial law that would affect the protections,

immunities, limitations in respect of liability, remedies over, and rights referred to in

paragraphs 133, 134, 135, or 138 to the extent and in the manner that it consults with

municipalities.

OTHER PROVINCES AND TERRITORIES

142. Notwithstanding paragraph 4 of the General Provisions

Chapter, this Agreement is not intended to bind provinces, other than British Columbia, or

territories, on matters within their jurisdiction without their consent.

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