British Columbia Order in Council — Order under Park, s (O.C. 460/2020)

O.C. 460/2020

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria Minister of Environment and Climate Change Strategy Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Park Act, R.S.B.C. 1996, c. 344, s. 6 (1) (

e) and (

f) Other: O10427977 page 1 of 11 On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the attached Tǆilhqot’in Park Order is made. 460 August 6, 2020

page 2 of 11 TǅILHQOT ’IN PARK ORDER

Definitions 1 In this order: “Act” means the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17; “Cardiff Mountain Ecological Reserve” means the ecological reserve named and described as “Cardiff Mountain Ecological Reserve” in

Schedule A of the Act; “Interim Agreement” means the agreement, in the form of the agreement attached to this order, entitled “Interim Agreement Concerning Provincial Protected Areas” between the Xeni Gwet’in First Nations Government, the T ǆilhqot’in National Government and Her Majesty the Queen in Right of the Province of British Columbia and dated July 9, 2020 for reference; “minister” means the minister responsible for the Park Act, R.S.B.C. 1996, c. 344; “Nuntsi Park” means the park named and described as “Nuntsi Park” in

Schedule D of the Act; “title lands” means (

a) the lands over which the Supreme Court of Canada in Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, granted a declaration of Aborigin al title, and (

b) the lands found by the British Columbia Supreme Court in Tsilhqot'in Nation v. British Columbia, 2007 BCSC 1700, to be proven title area outside the claim area; “Ts’il?os Pa rk” means the park named and described as “Ts’il?os Park” in

Schedule C of the Act. Nuntsi Park and Ts’il?os Park 2

(1) For the term of the Interim Agreement, the minister is authorized to manage and administer the following land in accordance with the Interim Agreement: (

a) the portion of Nuntsi Park contained within the title lands; (

b) the portion of Ts’il?os Park contained within the title lands.

(2) The Park Act, R.S.B.C. 1996, c. 344, applies to the land described in subsection (1) as though it is a “park” as defined in the Park Act. Cardiff Mountain Ecological Reserve 3

(1) For the term of the Interim Agreement, the minister is authorized to manage and administer Cardiff Mountain Ecological Reserve in accordance with the Interim Agreement.

(2) Section 3 (2) of the Park Act applies to Cardiff Mountain Ecological Reserve.

Interim Agreement Concerning Provincial Protected Areas (The "Agreement") This Agreement Is dated July 9th, 2020, for reference. BETWEEN: AND: XENI GWET'IN FIRST NATIONS GOVERNMENT ("Xeni Gwet'ln") and TSILHQOT'IN NATIONAL GOVERNMENT ("TNG"), on behalf of the TSILHQOT'IN NATION HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Environment and Climate Change ("British Columbia") (Collectively, the "Parties" and individually a "Party'')

Whereas: A. On June 26, 2014, the Supreme Court of Canada granted a declaration of Aboriginal title to the Tsilhqot'in Nation to lands situated within British Columbia, as described in Tsilhqot'in Nation v British Columbia, 2014 sec 44 (the "Declared Area"). In the Reasons for Judgment of the British Columbia Supreme Court in Tsilhqot'in Nation v British Columbia, 2007 BCSC 1700, Justice Vickers provided an opinion that the Tsilhqot'in Nation had proven Aboriginal title to specified areas outside the claim area (the "Proven Areas") (collectively the "Title Area"); B.

British Columbia had previously established two parks and an ecological reserve under provincial protected areas legislation (Ts'il?os Park, Nunsti Park and the Cardiff Mountain Ecological Reserve), (the "Protected Areas") in areas that are located wholly or partially within the Title Area and, in past years, has entered into agreements with Xeni Gwet'in for management of the entirety of the Protected Areas ("Service Contracts"); C.

On January 13, 1994, Xeni Gwet'in and British Columbia entered into a Memorandum of Understanding concerning the establishment and management of Ts'il?os Park (the "MOU"); (00298768.1} Page 1 of9

D. In a spirit of cooperation, the Parties wish to provide further clarity and certainty about the status of Protected Areas and associated Service Contracts. Therefore, the Parties agree as follows: 1. The Tsilhqot'in Nation hereby authorizes and consents to the continued operation of the Protected Areas listed in

Schedule A, for public access and enjoyment, in accordance with the MOU, the provisions of the Park Act [RSBC 1996] c. 344, as amended, the Protected Areas of British Columbia Act [SBC 2000) c. 17, as amended, the Ecological Reserve Act [RSBC 1996) c. 103, as amended, and the regulations made under those three Acts (collectively, the "Protected Areas Legislation"), until July 31, 2023. 2. The Tsilhqot'in Nation hereby authorizes and consents to the issuance of the park use permits, effective in the Protective Areas listed in

Schedule B (the "Permits") in accordance with their terms, the Protected Areas Legislation and any other provincial legislation that is otherwise applicable. The term of the Permits issued under this

section will expire on or before the expiration of this Agreement. 3. The Tsilhqot'in Nation hereby authorizes and consents to the access and use of portions of the Title Area by the holders (the "Holders") of the Permits, for the activities as set out in each Permit according to the terms of this Agreement, the terms of the applicable Permit, any associated management plan, the Protected Areas Legislation, and any other applicable legislation and the regulations made thereunder. 4. Notwithstanding

section 2, British Columbia may not issue a Permit listed in

Schedule B unless that Permit includes, as a term of the Permit, an indemnification clause as worded in

Schedule C of this Agreement. 5. British Columbia, TNG and Xeni Gwet'in will jointly provide a letter to the Holders that confirms that the Holders' Permits are authorized by both British Columbia and the Tsilhqot'in Nation. 6. This Agreement takes effect on the date that it is signed by all Parties and remains in effect until July 31, 2023 (the "Term"). 7. British Columbia will enter into a campground operations contract for Ts'il?os Park, and may enter into other Service Contracts as necessary, with the Xeni Gwet'in contractors listed on

Schedule A, for the operations related to the Protected Areas as listed in

Schedule A, for specified terms within the period of the Term. 8. British Columbia will enter into a Tsilhqot'in Parks Rangers General Services Agreement and will pay fees not less than the fees described in the General Services Agreement with

(00298768.1) Page 2 of9

contract No. GS21WLE-001 between the Xeni Gwet'in First Nations Government and British Columbia signed on June 1, 2020. 9. Upon proof of completion, British Columbia will pay for one Ts'il?os Ranger to take the online Parks Law and Administration course delivered by BC Institute of Technology. 10. British Columbia will invite two Ts'il?os Rangers to participate in BC Parks Ranger Training in each year that this Agreement is in effect. 11. Xeni Gwet'in will invite employees of BC Parks to attend a cross-cultural workshop during the term of this Agreement. 12.

British Columbia, TNG and Xeni Gwet'in will jointly advise the public that Ts'il?os Park, Nunsti Park and Cardiff Mountain Ecological Reserve are available for public access and enjoyment, in accordance with the MOU and the provisions of the Protected Areas Legislation. 13.

For greater certainty to sections 1, 2 and 3, the Xeni Gwet'in, the TNG and the Tsilhqot'in Nation agree, for the duration of this Agreement, that no actions will be taken or authorizations provided that are inconsistent or incompatible with the operation of the Protected Areas Legislation in the Protected Areas including the rights of the Holders to access and use the Title Area under the terms set out in a Permit, except where the Parties agree under

section 15 that such action by the Xeni Gwet'in, on behalf of the Tsilhqot'in Nation, is required to prevent other unauthorized use of the Title Area and has no more than an incidental effect on the exercise of a Permit. 14. Subject to sections 7, 8, and 13, and due to this Agreement, Xeni Gwet'in, the TNG and the Tsilhqot'in Nation are not subject to, and do not assume any, new or additional liabilities or responsibilities in respect of the Protected Areas, as a result of this Agreement or the declaration of Aboriginal title. 15.

If the Xeni Gwet'in inform British Columbia that a Holder is reportedly engaging in activities in the Title Area that are not authorized under that Holder's Permit or the MOU or otherwise not authorized by Xeni Gwet'in or the Tsilhqot'in Nation, the Parties agree to meet and to seek consensus on the issues and to seek ways to bring an end to any unauthorized activities in the Title Area. 16. Following engagement under

section 15, if the Parties reach consensus, each Party agrees to take such further steps agreed upon, which may include British Columbia taking steps under the termination provisions in a particular Permit. {00298768.1) Page 3 of9

17. If British Columbia fails to meet with Xeni Gwet'in to discuss reported unauthorized activities by a Holder under

section 15 or fails to take steps agreed upon under

section 16, then the Tsilhqot'in Nation may revoke its authorization and consent, given in

section 3, for that Holder to access any portion of the Title Area for the activities set out in the Holder's Permit. 18. Xeni Gwet'in, on behalf of the Tsilhqot'in Nation, will give British Columbia and the affected Holder at least 30 days written notice within which to adequately address the unauthorized activities of the Holder in the Title Area, before the Tsilhqot'in Nation may revoke, in accordance with

section 17, its authorization and consent for that Holder to access the Title Area. 19. For greater certainty,

section 17 refers only to the ability of a Holder to exercise a Permit in the Title Area and does not prevent a Holder from public access and use of the Protected Areas in accordance with the MOU. 20. For greater certainty,

section 13 ceases to apply to any Holder whose authorization to access the Title Area is revoked in accordance with

section 17. 21. The Tsilhqot'in Nation hereby authorizes and consents to provincially appointed conservation officers continuing to exercise their compliance and enforcement authority in the Protected Areas, which, for clarity includes the area overlapping the Title Area, as provided in provincial legislation. 22. British Columbia will provide reasonable notice to Xeni Gwet'in prior to any conservation officers entering the Title Area as authorized in

section 21. 23. The Parties will work collaboratively to manage any issues arising out of the operation of the Permits and the Protected Areas, including any issues related to compliance and enforcement. Where possible, the Parties will send notices or correspondence related to the Permits or the operation of the Protected Areas jointly. 24.

During the Term of this Agreement, the Parties will seek opportunities for further collaboration and joint management respecting the Protected Areas, including with respect to: (00298768.ll a. information sharing; b. reporting on hunting and trapping activity; c. updating park management plans; d. boating related issues; e. fuel management; f. bear viewing; g. increased involvement of Ts'il?os Rangers in monitoring and enforcement; Page 4 of9

h. park use activity reporting; I. drone use; and j. park infrastructure improvements. 25. The Parties may extend or amend this Agreement by written agreement. The Parties recognize that this Agreement Is an interim agreement and may be superseded and replaced by a subsequent written agreement. 26. From time to time, during the Term of this Agreement,

Schedule B of this Agreement may be amended, in writing, upon the mutual agreement of the Chief of Xeni Gwet'in and the Regional Director of BC Parks. 27. Subject to

section 13, this Agreement is without prejudice to the Aboriginal rights and Aboriginal title of the Tsilhqot'in Nation or any position that any Party may take in any forum, as to their respective jurisdictions, the applicability of provincial legislation in the Title Area without the consent or authorization of the Tsilhqot'ln Nation, or any other matter. 28. For further clarity, this Agreement is without prejudice to the position that the Tsilhqot'in Nation may take with respect to the Protected Areas after the expiry of this Agreement on July 31, 2023. 29.

British Columbia represents and warrants that it has the legal authority to enter into this Agreement and to make the covenants and representations in this Agreement. 30. The Tribal Chair of TNG and the elected Chief of Xeni Gwet'in represent and warrant that they have the legal authority to enter into this Agreement and to make the covenants and representat ions in this Agreement, on behalf of the Tsilhqot'in Nation. 31. This Agreement may be executed in counterparts and by facsimile by the Parties. IN WITNESS OF WHICH the Parties hereby execute this Agreement.

On behalf of the Tsilhqot'in Nation: �vsiJI! � °t;?..!iS. J v ly 1, ZoL..CJ Nits'll7ln (Chief) Russell Myers Ross Date Tsilhqot'in National Government - Tribal Vice-Chair {00298768.1} Page 5 of9

On behalf of the Xeni Gwet'in First Nations Government: ( :2c:: ,{. 1 Nits1ll'?in Jimmy Lulua �f1:ZOC,o Date Xenl Gwet'ln First Nations Government On behalf of the Province of British Columbia: --}/2_�_ 7 -�· ��---__,..____,..._ __ __,.._,,._td A I 3,, ,7--o "")_Li Hon. George Heyman te =-u Minister of Environment & Cli 100298768.1) Page 6 or 10 9 ,, . ~ ge Strategy

SCHEDULE A Protected Area Service Contract 1 Ts'il?os Park Xeni Gwet'in First Nations Government Nunsti Park Xeni Gwet'in First Nations Government Cardiff Mountain Ecological Reserve Xeni Gwet'in First Nations Government (00298768.11 Page 7 of9

SCHEDULE B Protected Area Previous Type of PUP Activity Type Park Use Permit (PUP)# Ts'il?os Park 102438 Commercial Recreation Air Transport 102487 Land Use Occupancy 103878 Commercial Recreation Hiking, Guided Angling, Canoeing, Kayaking, Horseback Riding, Wildlife Viewing and Nature Discovery, Rafting 103910 Commercial Recreation Hiking, Guided Angling, Horseback Riding 10S271 Non-Bundled Operations 102439 Commercial Recreation Climbing and Mountaineering, Privately Owned Structures, Hiking, Grazing, Guided Angling, Big Game Guide Outfitting, Horseback Riding 102460 Trapline LRMP 102771 Land Use Occupancy 102956 Commercial Recreation Big Game Guide Outfitting, Hiking, Canoeing, Wildlife Viewing and Nature Discovery, Privately Owned Structures, Guided Angling, Horseback Riding, Biking and Cycling 103912 Commercial Recreation Guided Angling, Wildlife Viewing and Nature Discovery, Hiking, Horseback Riding, Boat Tours, Kayaking, Canoeing 104866 Commercial Recreation Grazing, Privately Owned Structures, Big Game Guide Outfitting Nunsti Park 102956 Commercial Recreation Canoeing, Privately Owned Structures, Wildlife Viewing and Nature Discovery, Hiking, Guided Angling, Biking and Cycling, Horseback Riding, Big Game Guide Outfitting 102439 Commercial Recreation Climbing and Mountaineering, Privately Owned Structures, Hiking, Grazing, Guided Angling, Big Game Guide Outfitting, Horseback Riding 102461 Trapline LRMP 103902 Research {00298768.ll Page 8 of9 . . - - . - - . - - - -' I. 1 - I I I ' -. - I 1 J I _I

SCHEDULE C "You must: indemnify and save us and our servants, employees and agents and the Xeni Gwet'in First Nations Government ("Xeni Gwet'in") and Tsilhqot'in National Government ("TNG"), on behalf of the Tsilhqot'in Nation, harmless against all claims, actions, causes of action, losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of, (

i) your breach, violation or non-performance of a provision of this Permit, and (ii} any personal injury, bodily injury (including death} or property damage occurring or happening on or off the Permit Area by virtue of your entry upon, use or occupation of the Permit Area, and the amount of all such losses, damages, costs and liabilities will be payable to us and the Xeni Gwet'in and TNG, on behalf of the Tsilhqot'in Nation, as the case may be, immediately upon demand;"

(00298768.1) Page 9 of9

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 460/2020
Type	order_in_council
Volume / chapter	arc oic 0460 2020
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	a32833018d50a5a1f97b91aa7d6ba639a1844e5d

Source file is stored in the law ingest library (pdf).