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1998 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

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

SCHEDULE

CONTENTS

SCHEDULE TO NIS G A'A FINAL AGREEMENT ACT

TABLE OF CONTENTS

PREAMBLE

CHAPTER 1 –

DEFINITIONS

CHAPTER 2 – GENERAL PROVISIONS Nature of Agreement Agreement Is Binding Representation and Warranty Nis g a'a Culture and Language Constitution of Canada Application of Federal and Provincial Laws Other Rights, Benefits, and Programs Judicial Determinations in Respect of Validity Full and Final Settlement Nis g a'a

Section 35 Rights Modification Release Consultation Provincial Law Indemnities Other Aboriginal People Amendment Provisions Freedom of Information and Privacy Obligation to Negotiate Conflict and Inconsistency Entire Agreement

Interpretation No Implied Waiver Time of the Essence Assignment Enurement Notice

CHAPTER 3 – LANDS Nis g a'a Lands Mineral Resources Submerged Lands Within Nis g a'a Lands Interests on Nis g a'a Lands Site Remediation Nis g a'a Fee Simple Lands Outside Nis g a'a Lands

Federal Acquisition of Interests in Nis g a'a Lands and Nis g a'a Fee Simple Lands

Initial Surveys Commercial Recreation Tenure Heritage Sites and Key Geographic Features Parks and Ecological Reserve Water Volumes

Schedule A – Boundary Resolution

Schedule B – List of Sites

Schedule C – Water Volumes

CHAPTER 4 – LAND TITLE Federal Title Legislation Provincial Torrens System Application for Indefeasible Title Land Title Fees Nis g a'a Certificate Registration of Indefeasible Title Deprivation of Estate Cancellation of Indefeasible Title Application of Provincial Torrens System

CHAPTER 5 – FOREST RESOURCES

Definitions Ownership of Resources Applicable Laws and Standards Timber Harvesting Forest Fires and Forest Health Timber Processing Economic Considerations Forest Resources Outside Nis g a'a Lands

CHAPTER 6 – ACCESS Nis g a'a Public Lands Navigable Waters Crown Access to Nis g a'a Lands Nis g a'a Access to Other Lands Access to Fee Simple Properties

CHAPTER 7 – ROADS AND RIGHTS OF WAY Rights of Way General Nis g a'a Highway Secondary Provincial Roads Crown Roads Nis g a'a Roads General Private Roads Utilities General

Schedule A – Nis g a'a Highway Corridor

Schedule B – Gravel Materials Pits on Nis g a'a Lands

CHAPTER 8 – FISHERIES General Salmon Enhancement Steelhead Non-salmon Species and Aquatic Plants Fisheries Management Lisims Fisheries Conservation Trust Participation in the General Commercial Fishery Herring Roe-on-Kelp Study International Arrangements Processing Facilities

Schedule A – Nis g a'a Fish Allocations for Salmon

Schedule B – Overages and Underages

Schedule C – System of Salmon Equivalencies

Schedule D – Determination of the Nis g a'a Fish Allocation of Steelhead

Schedule E – Nis g a'a Fish Allocations of Non-salmon Species or Aquatic Plants

Schedule F – Provisional

Schedule of Lisims Fisheries Conservation Trust Settlement Amounts

Schedule G – Provisional

Schedule of Funding under Paragraph 111 of the Fisheries

Chapter

CHAPTER 9 – WILDLIFE AND MIGRATORY BIRDS General Nass Wildlife Area Designated Species Entitlements and Allocations Wildlife Management Trade, Barter, and Sale of Wildlife Trapping Guiding Migratory Birds Other

Schedule A – Nis g a'a Wildlife Allocations of Designated Species

Schedule B – Unregistered Traplines Wholly or Partially on Nis g a'a Lands on the Effective Date

Schedule C – Traplines Wholly Outside Nis g a'a Lands Held by Nis g a'a Citizens

Schedule D – Streams in Nis g a'a Angling Guide Licence

CHAPTER 10 – ENVIRONMENTAL ASSESSMENT AND PROTECTION Environmental Assessment Environmental Protection

CHAPTER 11 – NIS G A'A GOVERNMENT Self-Government Recognition of Nis g a'a Lisims Government and Nis g a'a Village Governments

Legal Status and Capacity Nis g a'a Constitution Nis g a'a Government Structure Elections Appeal and Review of Administrative Decisions Register of Laws Relations with Individuals Who Are Not Nis g a'a Citizens

Transitional Provisions Legislative Jurisdiction and Authority Emergency Preparedness Other Matters Nis g a'a Government Liability Other Provinces and Territories

CHAPTER 12 – ADMINISTRATION OF JUSTICE Police Services Community Corrections Services Nis g a'a Court Review

CHAPTER 13 – INDIAN ACT TRANSITION General Continuation of Indian Act By-laws Status of Bands and Transfer of Band Assets Nis g a'a Tribal Council

CHAPTER 14 – CAPITAL TRANSFER AND NEGOTIATION LOAN REPAYMENT Capital Transfer Negotiation Loan Repayment

Schedule A – Provisional

Schedule of Capital Transfer Amounts

Schedule B – Loan Repayment Amounts Prepayments

CHAPTER 15 – FISCAL RELATIONS

Definitions

Interpretation Fiscal Financing Agreements Own Source Revenue Agreements Own Source Revenue Administration

CHAPTER 16 – TAXATION Direct Taxation Other Taxation and Tax Administration Agreements

Section 87 Exemption Remission Orders Valuation Time Nis g a'a Lands Nis g a'a Capital Taxation Agreement

CHAPTER 17 – CULTURAL ARTIFACTS AND HERITAGE General Return of Nis g a'a Artifacts Access to Other Collections Protection of Heritage Sites Other Nis g a'a Artifacts Human Remains

CHAPTER 18 – LOCAL AND REGIONAL GOVERNMENT RELATIONSHIPS

CHAPTER 19 – DISPUTE RESOLUTION

Definitions General Scope: When this

Chapter Applies to a Disagreement Disagreements to Go Through Stages Stage One: Collaborative Negotiations Stage Two: Facilitated Processes Negotiating Conditions Settlement Agreement Stage Three: Adjudication – Arbitration Effect of Arbitral Award Application of Legislation Stage Three: Adjudication – Judicial Proceedings

Notice to Parties Costs

CHAPTER 20 – ELIGIBILITY AND ENROLMENT Eligibility Criteria Other Land Claims Agreements Applicants Enrolment Committee Application to Remove Applicants from Enrolment Register

Enrolment Appeal Board Judicial Review Funding Dissolution of Enrolment Committee and Enrolment Appeal Committee

Nis g a'a Nation Responsibilities for Enrolment

CHAPTER 21 – IMPLEMENTATION Implementation Committee

CHAPTER 22 – RATIFICATION General Ratification by the Nis g a'a Nation Ratification by Canada Ratification by British Columbia Adoption of the Nis g a'a Constitution

MAP OF NIS G A'A LANDS

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