Despite the above date, the

Schedule to the Act, including the Map of Nisg̱a'a Lands and the Appendices, is current to May 11, 2000. See "Amending Agreements" for amendments to the Schedule.

Nisg̱a'a Final Agreement Act

April 26, 1999

757987613/99002/tlc99002_f

E4tlc99002

Preamble

WHEREAS the reconciliation between the prior presence of aboriginal peoples and the assertion of sovereignty by the Crown is of significant social and economic importance to all British Columbians;

AND

WHEREAS Canadian courts have stated that this reconciliation is best achieved through negotiation and agreement, rather than through litigation or conflict;

AND

WHEREAS the Nisg̱a'a Nation, Canada and British Columbia have negotiated the Nisg̱a'a Final Agreement to achieve this reconciliation, and to establish a new relationship among them;

AND

WHEREAS the Nisg̱a'a Final Agreement requires that British Columbia enact settlement legislation to give effect to the Nisg̱a'a Final Agreement;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definition

In this Act, Nisg̱a'a Final Agreement means the Nisg̱a'a Final Agreement among the Nisg̱a'a Nation, Her Majesty the Queen in right of Canada and Her Majesty the Queen in right of British Columbia set out in the

Schedule and includes

that agreement as it is given effect by

an Act of Canada, and

amendments made in accordance with that agreement.

If a word or expression used in this Act is defined in the Nisg̱a'a Final Agreement, the word or expression has the same meaning in this Act as in the Nisg̱a'a Final Agreement, unless the context requires otherwise.

Settlement Legislation

Treaty and land claims agreement

The Nisg̱a'a Final Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982 .

Nisg̱a'a Final Agreement

The Nisg̱a'a Final Agreement is approved, given effect, declared valid and has the force of law.

Without limiting subsection (1), a person or body has the powers, rights, privileges and benefits conferred on the person or body by the Nisg̱a'a Final Agreement and must perform the duties and is subject to the liabilities imposed on the person or body by the Nisg̱a'a Final Agreement.

Nothing in this Act that makes provision for a matter that is already provided for in the Nisg̱a'a Final Agreement in any way limits this section.

Authorization to sign the Nisg̱a'a Final Agreement

The Lieutenant Governor in Council may authorize a member of the Executive Council to sign the Nisg̱a'a Final Agreement.

Nisg̱a'a Final Agreement binding and can be relied on

The Nisg̱a'a Final Agreement is binding on, and can be relied on by, all persons.

Nisg̱a'a Nation's ownership of lands

[Repealed 2014-32-3.]

The Nisg̱a'a Nation owns the estate in fee simple, as set out in the Lands

Chapter of the Nisg̱a'a Final Agreement, in the following lands:

the Nisg̱a'a Lands identified in paragraphs 1 and 2 of the Lands

Chapter of the Nisg̱a'a Final Agreement;

Category A Lands and Category B Lands.

Nisg̱a'a Nation Taxation Agreement

6.1

In this section, Taxation Agreement means the Taxation Agreement, referred to in paragraphs 21 to 23 of the Taxation

Chapter of the Nisg̱a'a Final Agreement, which agreement was tabled in the Legislative Assembly on November 30, 1998, and includes an amendment to the Taxation Agreement, made in accordance with the terms of the Taxation Agreement, if the amending agreement setting out the amendment

is substantially in the form approved by the Lieutenant Governor in Council, and

has been signed by the parties and published under subsection (5).

The Taxation Agreement continues in effect and remains valid and its provisions have the force of law during the period they are in effect.

The minister charged with the administration of the Financial Administration Act is authorized to enter into an agreement amending the Taxation Agreement and may sign the amending agreement before or after it has been approved by the Lieutenant Governor in Council.

As provided in paragraphs 21 and 22 of the Taxation

Chapter of the Nisg̱a'a Final Agreement, the Taxation Agreement does not form part of the Nisg̱a'a Final Agreement and is not a treaty or land claims agreement within the meaning of

section 25 or 35 of the Constitution Act, 1982 .

The minister must publish in the Gazette the Taxation Agreement and any agreement amending the Taxation Agreement.

Harvest Agreement

The minister responsible for fisheries has the authority, on behalf of Her Majesty the Queen in right of British Columbia, to enter into the Harvest Agreement described in the Fisheries

Chapter of the Nisg̱a'a Final Agreement.

The Harvest Agreement does not form part of the Nisg̱a'a Final Agreement and it is not a treaty or land claims agreement within the meaning of

section 25 or 35 of the Constitution Act, 1982 .

Judicial or administrative proceedings

If, in any judicial or administrative proceeding, an issue arises in respect of

the

interpretation or validity of the Nisg̱a'a Final Agreement, or

the validity or applicability of any settlement legislation or any Nisg̱a'a law

the issue must not be decided until the party to the proceeding raising the issue has properly served notice on the Attorney General of British Columbia, the Attorney General of Canada and the Nisg̱a'a Lisims Government.

The notice required under subsection (1) must

describe the judicial or administrative proceeding in which the issue arises,

state whether the issue arises in respect of the matters referred to in subsection (1) (

a) or (

b) or both,

state the day on which the issue is to be argued,

give particulars necessary to show the point to be argued, and

be served at least 14 days before the day of argument unless the court or tribunal authorizes a shorter notice.

In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of British Columbia, the Attorney General of Canada and the Nisg̱a'a Lisims Government may appear and participate in the proceeding as parties with the same rights as any other party to the proceeding.

The Judicial Review Procedure Act applies to an application for judicial review under the following provisions of the Nisg̱a'a Final Agreement as if the decision under review were made pursuant to a statutory power of decision as defined in that Act:

paragraph 17 of the Nisg̱a'a Government Chapter;

paragraph 26 of the Eligibility and Enrolment Chapter.

[Repealed 2014-32-3.]

Power to make orders and regulations

The Lieutenant Governor in Council may make orders and regulations that the Lieutenant Governor in Council considers necessary or advisable for the purpose of carrying out any of the provisions of the Nisg̱a'a Final Agreement.

Authorization to enter into agreements

The Lieutenant Governor in Council may authorize any member of the Executive Council, on behalf of Her Majesty the Queen in right of British Columbia, to enter into an agreement that is contemplated by the Nisg̱a'a Final Agreement.

Subsection (1) does not apply to the Harvest Agreement referred to in

section 7 or to agreements referred to in

section 43 of the Environmental Assessment Act .

Property Taxation Before 2025 Taxation Year

Definitions for

Part 2

10.01

In this Part:

improvements has the same meaning as in the Assessment Act ;

land has the same meaning as in the Assessment Act ;

non-citizen means a person who is not a Nisg̱a'a citizen;

property tax agreement means the Real Property Tax Co-ordination Agreement, dated for reference July 31, 2014, between Her Majesty the Queen in right of the Province of British Columbia and the Nisg̱a'a Nation, including Schedules A and B attached to the Real Property Tax Co-ordination Agreement and any amendments to the Real Property Tax Co-ordination Agreement that are made in accordance with its terms and published under

section 10.07;

Provincial Requisitioning Authority has the same meaning as in the property tax agreement;

real property means land or improvements, or both, located within Nisg̱a'a Lands or an interest in land or improvements, or both, located within Nisg̱a'a Lands;

real property taxes means taxes imposed on the basis of the value of real property.

Application of

Part 2

10.011

Part 2 applies for the purposes of a taxation year before the 2025 taxation year.

Authority to impose tax on non-citizen owners or occupiers and provide exemptions

10.02

Without limiting any provision of this Act, the Nisg̱a'a Lisims Government may, by law, in accordance with the terms of the property tax agreement,

impose real property taxes on non-citizens, in respect of their interests in real property, and

provide exemptions from those real property taxes.

Exemptions from Provincial taxation

10.03

Interests in real property are exempt from taxes under

the School Act , and

except to the extent provided in

Article 5.8 of the property tax agreement, the Taxation (Rural Area) Act .

Authority to provide real property tax exemptions

10.031

The Nisg̱a'a Lisims Government may, by law, provide exemptions for Nisg̱a'a citizens from real property taxes imposed or collected by the government or by the Nisg̱a'a Lisims Government in relation to the ownership or occupation of real property.

A law enacted under subsection (1) does not apply in respect of real property taxes imposed for a taxation year unless the law comes into force on or before October 31 in the preceding calendar year.

Administration fees

10.04

If the Nisg̱a'a Lisims Government imposes a real property tax specifically for the purpose of collecting the amount required to pay a requisition from a Provincial Requisitioning Authority and, under the enactment authorizing the requisition, if the requisition were received by a municipality, the municipality would be entitled to an administration fee for collecting tax to pay the requisition, the Nisg̱a'a Lisims Government is entitled to an administration fee in an amount determined as if the requisition had been received by a municipality.

Excess home owner grants

10.05

In accordance with the property tax agreement, the minister charged with the administration of the Financial Administration Act may pay to the Nisg̱a'a Nation for a taxation year, from amounts appropriated for the purpose, the amount described as the "Excess Amount" in

Article 12.3 of the property tax agreement.

Application of Municipal Finance Authority Act

10.06

The Municipal Finance Authority Act does not apply in relation to Nisg̱a'a Lands.

Publication of property tax agreement

10.07

The minister must publish in the Gazette

the property tax agreement, and any amendment to it, and

if the property tax agreement is terminated in accordance with its terms, notice of the termination.

Application of Offence Act

10.08

Section 5 of the Offence Act does not apply in relation to this Part.

Spent

11-69

[Consequential amendments. Spent. 1999-2-11 to 69.]

Repealed

[Repealed 2024-13-154.]

Property Taxation In and After 2025 Taxation Year

Definitions for

Part 3

In this Part:

amount owing , in relation to the Nisg̱a'a Lisims Government, means an amount of property taxes, together with any applicable interest or penalties, owing to the Nisg̱a'a Lisims Government;

non-citizen means a person, other than a Nisg̱a'a citizen, who holds an interest in real property within Nisg̱a'a Lands;

property taxes means taxes, imposed on any basis, in relation to real property, including, without limitation, any of the following:

the value of land or the value of improvements on or in the land, or both;

a single amount for each parcel of land;

a single amount for the taxable area of a parcel of land;

a single amount for the taxable frontage of a parcel of land;

real property tax agreement means an agreement referred to in

section 74 (1) [real property tax agreement] , including any amendments to the agreement that are made in accordance with the agreement's terms and published under

section 74 (2);

real property tax law means a law of the Nisg̱a'a Lisims Government

enacted under

section 75 (1) [authority to impose property taxes] by which property taxes are imposed on the interests of non-citizens in real property within Nisg̱a'a Lands, or

enacted under the Nisg̱a'a Final Agreement by which property taxes are imposed on the interests of Nisg̱a'a citizens in real property within Nisg̱a'a Lands.

Application of

Part 3

Part 3 applies for the purposes of the 2025 taxation year and each subsequent taxation year.

General exemption from property taxes imposed under provincial enactments

Despite any other Act, property taxes may not be imposed on interests in real property within Nisg̱a'a Lands except under this Act or the Nisg̱a'a Final Agreement.

Real property tax agreement

On the written request of the Nisg̱a'a Nation, the minister must make all reasonable efforts to negotiate and attempt to reach an agreement with the Nisg̱a'a Nation in relation to the following:

the authority of the Nisg̱a'a Lisims Government to impose property taxes on the interests of non-citizens in real property within Nisg̱a'a Lands;

the interests in real property to which the authority referred to in paragraph (

a) applies.

The minister must publish in the Gazette a real property tax agreement referred to in subsection (1) and, if the real property tax agreement is amended or terminated in accordance with its terms, notice of its amendment or termination.

Authority to impose property taxes

If the Nisg̱a'a Nation has entered into a real property tax agreement, the Nisg̱a'a Lisims Government may, by law and in accordance with the terms of that agreement, impose property taxes on the interests of non-citizens in real property within Nisg̱a'a Lands.

Property taxes imposed under a law of the Nisg̱a'a Lisims Government are deemed to have been imposed on January 1 of the year in which the law is enacted, unless expressly provided otherwise by the law under which they are imposed.

Nisg̱a'a Lisims Government real property tax law

A real property tax law enacted under

section 75 (1) must do all of the following:

specify the basis on which a property tax is imposed;

set the rate or amount of a property tax;

provide for the collection of a property tax;

provide for a tax roll and establish a procedure to correct and update the tax roll;

provide for the preparation and delivery of notices to each person named in the tax roll and, on request of a holder of a registered charge, to the holder of the charge;

specify the grounds on which complaints may be made and establish procedures for hearing and determining those complaints;

establish procedures for refunding overpayment of property tax;

include a requirement that, on request by any person, the administrator of the tax must give to the person a certificate containing the following information:

the amount of unpaid taxes imposed in relation to specified property;

any applicable penalties and interest;

iii

the name of the person who owes the unpaid taxes;

if the specified property has been sold or forfeited, the time, if any remaining, for redemption and the amount required to redeem it;

include a requirement that, on demand and without charge, the administrator of the tax must give the registered owner of real property and any other person named in the tax roll in relation to the real property whichever of the following is applicable to the property:

a written statement showing the amount of all unpaid property taxes;

a certificate that all property taxes, interest and penalties imposed in relation to the real property identified in the certificate have been fully paid.

A certificate issued under subsection (1) (

h) is evidence of the debt of the person named in the certificate.

Without limiting subsection (1), a real property tax law enacted under

section 75 (1) may do anything the Nisg̱a'a Lisims Government considers necessary for the administration and enforcement of the property tax imposed under the law, including, without limitation, any of the following:

provide exemptions from property taxes imposed by the Nisg̱a'a Lisims Government;

provide for grants to offset amounts of property taxes payable by noncitizens;

require a non-citizen who is the registered owner of property to provide information respecting the property;

specify information respecting real property, or interests in real property, that is liable to valuation, classification or taxation that may or must be provided by a person and the manner in which the information may or must be provided;

provide for the imposition of penalties and interest in relation to

property taxes paid after the due date established by the law, or

the failure by a person to provide information required by the law to be provided;

provide for the recovery of property taxes and penalties and interest imposed in relation to property taxes.

If, under subsection (3) (e), a real property tax law provides for the imposition of interest, the law must establish the interest rate and the manner of calculating interest.

In making a real property tax law, the Nisg̱a'a Lisims Government may

make different provisions for different persons, places, things or circumstances or for different classes of persons, places, things or circumstances, and

establish different classes of persons, places, things or circumstances.

Property valuation

If a real property tax law enacted under

section 75 (1) imposes property taxes on the basis of property value, the law must either

adopt the Assessment Act and the regulations under it, in their entirety and as amended from time to time, for the purposes of valuing and classifying interests in real property within Nisg̱a'a Lands, or

establish a complete system for the purpose of valuing interests in real property within Nisg̱a'a Lands.

If, under subsection (1) (a), a real property tax law adopts the Assessment Act and the regulations under it, the following enactments apply in their entirety and as amended from time to time for the purposes of assessing and taxing interests in real property within Nisg̱a'a Lands:

the Manufactured Home Tax Act and the regulations under it;

the Tourist Accommodation (Assessment Relief) Act and the regulations under it.

Agreements with British Columbia Assessment Authority

In this section:

assessment means, as the context requires,

an assessment as defined in

section 1 (1) of the Assessment Act , or

an assessment under a real property tax law that provides for a valuation of real property, a classification of real property corresponding to a classification under the Assessment Act , or both;

authority means the British Columbia Assessment Authority.

This

section applies if

a real property tax law establishes a complete system for the purpose of valuing interests in real property within Nisg̱a'a Lands,

the Nisg̱a'a Nation enters into an agreement with the authority under which the authority prepares an assessment roll for the Nisg̱a'a Nation,

the real property tax law provides for the application of the Assessment Act for the purpose of making a complaint against the assessment roll, and

a complaint against the assessment roll can be made on one or more of the grounds set out in

section 32 (1) (

a) to (e) [complaints respecting completed assessment roll] of the Assessment Act .

For the purposes of subsection (2) (

d) of this section, a complaint may be made against the assessment roll on a ground set out in

section 32 (1) (c), (

d) or (

e) of the Assessment Act only if the real property tax law provides for the following, as applicable:

the valuation of real property in the same manner as the valuation of property under

Part 3 [Valuation] of the Assessment Act ;

the classification of at least 2 classes of real property in the same manner as the classification of real property under

Part 3 of the Assessment Act ;

an exemption from assessment or taxation that is the same as, or substantially similar to, an exemption from assessment or taxation under another enactment.

The following provisions of the Assessment Act apply in respect of an assessment roll of the Nisg̱a'a Lisims Government prepared under an agreement referred to in subsection (2) (

b) of this section:

sections 10 [errors and omissions in completed assessment roll] , 11 [validity as confirmed by review panel] , 12 [supplementary roll] and 13 (2) [complaint in respect of supplementary assessment roll] ;

Part 4 [Property Assessment Review Panels] ;

Part 5 [Property Assessment Appeal Board] ;

Part 6 [Appeals to the Board from Review Panel Decisions] ;

Part 7 [References and Stated Cases on Appeal] ;

section 67 [open hearings] .

In applying a provision of the Assessment Act referred to in subsection (4), without limiting the necessary changes,

a reference to an assessment roll in the provision is to be read as a reference to, as applicable,

an assessment roll completed under an agreement referred to in subsection (2) (

b) of this section,

an assessment roll referred to in subparagraph (

i) that has been revised or amended in accordance with

section 10 or 42 [amendment of assessment roll] of the Assessment Act as those sections apply for the purposes of this section, or

iii

an assessment roll prepared under an agreement referred to in subsection (2) (

b) of this

section in accordance with

section 12 of the Assessment Act as that

section applies for the purposes of this section,

a reference to an owner in the provision is to be read as a reference to a person whose interests in real property within Nisg̱a'a Lands are subject to assessment by the Nisg̱a'a Lisims Government,

a reference to land or improvements or both in the provision is to be read as a reference to the interests in real property, within Nisg̱a'a Lands, that are subject to assessment by the Nisg̱a'a Lisims Government,

a reference to an assessment in the provision is to be read as a reference to an assessment as defined in subsection (1) of this section, and

a reference to actual value or assessed value in the provision is to be read as a reference to value in accordance with a real property tax law.

Nisg̱a'a Lisims Government delegation

The Nisg̱a'a Lisims Government may, by law and to the extent authorized by the real property tax agreement, delegate the Nisg̱a'a Lisims Government's authority under this Act, including its law-making authority.

Exemptions from Nisg̱a'a Lisims Government taxation

In this section, local authority has the same meaning as in

section 1 of the

Schedule to the Community Charter .

The following interests in real property within Nisg̱a'a Lands are exempt from taxation by the Nisg̱a'a Lisims Government:

interests in real property vested in or held by the government or its agent;

interests in real property vested in or held by a local authority;

interests in real property vested in or held by the government or its agent jointly with a local authority;

interests in real property vested in or held by a local authority jointly with another local authority.

Recovery of property taxes

This

section applies in relation to a real property tax law enacted under

section 75 (1).

If a real property tax law authorizes a tax sale, by public auction, of the fee simple or leasehold interest in real property, the law must provide for the giving of advance notice of the tax sale to all of the following:

each person named in the tax roll in relation to the interest in real property subject to the tax sale;

each person who holds a registered lien or charge on land subject to the tax sale;

each person who is a registered owner of the interest in real property subject to the tax sale.

If a real property tax law authorizes a tax sale, by public auction, or provides for forfeiture of the fee simple or leasehold interest in real property, the law must provide for both of the following:

a right of redemption on payment of an amount owing by or on behalf of the person whose property is to be sold or forfeited;

in the case of a sale, payment, by the Nisg̱a'a Nation to the person who was the registered owner of the property at the time of the sale, of the proceeds of the sale less all of the following:

the total amount of costs in relation to the sale;

amounts owing;

iii

amounts that are owing to creditors with priority over the registered owner;

amounts of unpaid fees referred to in

section 82 (2) (b).

Special fees may be collected as property taxes

In this section, fee means a fee imposed under a law of the Nisg̱a'a Lisims Government or a Nisg̱a'a Village Government for work done or services provided to real property within Nisg̱a'a Lands.

A real property tax law of the Nisg̱a'a Lisims Government may provide that a fee

may be collected in the same manner as property taxes, and

if unpaid, may be recovered in the same manner as an amount owing.

Alternative remedies

A real property tax law may provide that remedies available to the Nisg̱a'a Lisims Government for the recovery of an amount owing to the Nisg̱a'a Lisims Government or the recovery of a fee, as defined in

section 82 (1), owing to the Nisg̱a'a Lisims Government or a Nisg̱a'a Village Government may be exercised separately, concurrently or cumulatively.

Authority to discontinue service

A law of the Nisg̱a'a Lisims Government or a Nisg̱a'a Village Government may establish circumstances in which the applicable Nisg̱a'a Government may discontinue providing a utility or other service to specific real property or a specific person within Nisg̱a'a Lands

because of unpaid property taxes or fees in relation to the service, or

because of non-compliance with the rules established by Nisg̱a'a law or contract respecting the use of the service.

A law under subsection

(1) must provide for giving reasonable notice before the service is discontinued, and

in relation to a discontinuation under subsection (1) (b), must include provision for the persons affected by the discontinuation to have an opportunity to make representations to the Nisg̱a'a Lisims Government or the Nisg̱a'a Village Government, as applicable.

Provincial payments in relation to Nisg̱a'a Lisims Government grants

This

section applies in relation to the Nisg̱a'a Lisims Government for a taxation year in which the Nisg̱a'a Lisims Government provides to persons resident within Nisg̱a'a Lands a grant in place of a grant under the Home Owner Grant Act .

In this section:

eligible grant amount means the lesser of the following:

the total of all amounts each of which is an amount of a grant that a person resident on Nisg̱a'a Lands would have been entitled to apply for and receive under the Home Owner Grant Act had that person's interest in land and improvements within Nisg̱a'a Lands been subject to taxation under the School Act ;

the total of all amounts each of which is an amount of a grant that the Nisg̱a'a Lisims Government provides to a person resident within Nisg̱a'a Lands in place of a grant under the Home Owner Grant Act ;

school tax amount means the total of all amounts each of which is an amount of taxes that would have been payable by the person resident on Nisg̱a'a Lands under the School Act had that person's interest in land and improvements within Nisg̱a'a Lands been subject to taxation under the School Act .

In accordance with the real property tax agreement, the minister charged with the administration of the Financial Administration Act may pay, out of the consolidated revenue fund, to the Nisg̱a'a Nation for a taxation year the amount, if any, by which the eligible grant amount exceeds the school tax amount.

Application of Municipal Finance Authority Act

The Municipal Finance Authority Act does not apply in relation to Nisg̱a'a Lands.

Application of Offence Act

Section 5 of the Offence Act does not apply to this Part.

Regulations

The Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act .

Without limiting subsection (1), the Lieutenant Governor in Council may make regulations in respect of any matter necessary for more effectively bringing into operation the provisions of this Part and for facilitating the transition from taxation by the Nisg̱a'a Lisims Government under

Part 2 of this Act to taxation by the Nisg̱a'a Lisims Government under

Part 3 of this Act.

A regulation under subsection (2) may be made retroactive to a date not earlier than the date this

section comes into force, and if made retroactive is deemed to have come into force on the specified date.

The authority to make or amend a regulation under subsection (2), but not the authority to repeal a regulation under that subsection, ends on December 31, 2025.

SCHEDULE TO NISG̱A'A FINAL AGREEMENT ACT

TABLE OF CONTENTS

PREAMBLE

CHAPTER 1 —

DEFINITIONS

CHAPTER 2 — GENERAL PROVISIONS

Nature of Agreement

Agreement Is Binding

Representation and Warranty

Nisg̱a'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

Nisg̱a'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

Nisg̱a'a Lands

Mineral Resources

Submerged Lands Within Nisg̱a'a Lands

Interests on Nisg̱a'a Lands

Site Remediation

Nisg̱a'a Fee Simple Lands Outside Nisg̱a'a Lands

Federal Acquisition of Interests in Nisg̱a'a Lands and Nisg̱a'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

Nisg̱a'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 Nisg̱a'a Lands

CHAPTER 6 — ACCESS

Nisg̱a'a Public Lands

Navigable Waters

Crown Access to Nisg̱a'a Lands

Nisg̱a'a Access to Other Lands

Access to Fee Simple Properties

CHAPTER 7 — ROADS AND RIGHTS OF WAY

Rights of Way General

Nisg̱a'a Highway

Secondary Provincial Roads

Crown Roads

Nisg̱a'a Roads General

Private Roads

Utilities General

Schedule A — Nisg̱a'a Highway Corridor

Schedule B — Gravel Materials Pits on Nisg̱a'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 — Nisg̱a'a Fish Allocations for Salmon

Schedule B — Overages and Underages

Schedule C — System of Salmon Equivalencies

Schedule D — Determination of the Nisg̱a'a Fish Allocation of Steelhead

Schedule E — Nisg̱a'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 — Nisg̱a'a Wildlife Allocations of Designated Species

Schedule B — Unregistered Traplines Wholly or Partially on Nisg̱a'a Lands on the Effective Date

Schedule C — Traplines Wholly Outside Nisg̱a'a Lands Held by Nisg̱a'a Citizens

Schedule D — Streams in Nisg̱a'a Angling Guide Licence

CHAPTER 10 — ENVIRONMENTAL ASSESSMENT AND PROTECTION

Environmental Assessment

Environmental Protection

CHAPTER 11 — NISG̱A'A GOVERNMENT

Self-Government

Recognition of Nisg̱a'a Lisims Government and Nisg̱a'a Village Governments

Legal Status and Capacity

Nisg̱a'a Constitution

Nisg̱a'a Government Structure

Elections

Appeal and Review of Administrative Decisions

Register of Laws

Relations with Individuals Who Are Not Nisg̱a'a Citizens

Transitional Provisions

Legislative Jurisdiction and Authority

Emergency Preparedness

Other Matters

Nisg̱a'a Government Liability

Other Provinces and Territories

CHAPTER 12 — ADMINISTRATION OF JUSTICE

Police Services

Community Correction Services

Nisg̱a'a Court

Review

CHAPTER 13 — INDIAN ACT TRANSITION

General

Continuation of Indian Act By-laws

Status of Bands and Transfer of Band Assets

Nisg̱a'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

Nisg̱a'a Lands

Nisg̱a'a Capital

Taxation Agreement

CHAPTER 17 — CULTURAL ARTIFACTS AND HERITAGE

General

Return of Nisg̱a'a Artifacts

Access to Other Collections

Protection of Heritage Sites

Other Nisg̱a'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 Board

Nisg̱a'a Nation Responsibilities for Enrolment

CHAPTER 21 — IMPLEMENTATION

Implementation Committee

CHAPTER 22 — RATIFICATION

General

Ratification by the Nisg̱a'a Nation

Ratification by Canada

Ratification by British Columbia

Adoption of the Nisg̱a'a Constitution

MAP OF NISG̱A'A LANDS

PREAMBLE

WHEREAS the Nisg̱a'a Nation has lived in the Nass Area since time immemorial;

WHEREAS the Nisg̱a'a Nation is an aboriginal people of Canada;

WHEREAS

section 35 of the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada, which the Courts have stated include aboriginal title;

WHEREAS the Nisg̱a'a Nation has never entered into a treaty with Canada or British Columbia;

WHEREAS the Nisg̱a'a Nation has sought a just and equitable settlement of the land question since the arrival of the British Crown, including the preparation of the Nisg̱a'a Petition to His Majesty's Privy Council, dated 21 May, 1913, and the conduct of the litigation that led to the decision of the Supreme Court of Canada in Calder v. the Attorney-General of British Columbia in 1973, and this Agreement is intended to be the just and equitable settlement of the land question;

WHEREAS Canadian courts have stated that the reconciliation between the prior presence of aboriginal peoples and the assertion of sovereignty by the Crown is best achieved through negotiation and agreement, rather than through litigation or conflict;

WHEREAS the Parties intend that this Agreement will result in this reconciliation and establish a new relationship among them;

WHEREAS this Agreement sets out Nisg̱a'a

section 35 rights inside and outside of the area that is identified in this Agreement as Nisg̱a'a Lands;

WHEREAS the Parties acknowledge the ongoing importance to the Nisg̱a'a Nation of the Simgigat and Sigidimhaanak (hereditary chiefs and matriarchs) continuing to tell their Adaawak (oral histories) relating to their Ango'oskw (family hunting, fishing, and gathering territories) in accordance with the Ayuuk (Nisg̱a'a traditional laws and practices);

WHEREAS the Parties intend their relationship to be based on a new approach to mutual recognition and sharing, and to achieve this mutual recognition and sharing by agreeing on rights, rather than by the extinguishment of rights; and

WHEREAS the Parties intend that this Agreement will provide certainty with respect to Nisg̱a'a ownership and use of lands and resources, and the relationship of federal, provincial and Nisg̱a'a laws, within the Nass Area;

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

CHAPTER 1

DEFINITIONS

In this Agreement:

adjusted total allowable catch means, for Nass sockeye or Nass pink salmon, the total return to Canadian waters less the Nisg̱a'a fish allocation set out in

Schedule A to the Fisheries Chapter, and less the escapement goal;

adopted child means an individual who, while a minor, was adopted by Nisg̱a'a custom or under laws recognized in Canada;

aggregate right of way maximum means 2,800 hectares;

Agreement means this Agreement between the Nisg̱a'a Nation, Canada, and British Columbia and all Schedules and Appendices to this Agreement;

annual management plan means a plan approved in accordance with the Wildlife and Migratory Birds Chapter;

aquatic plants means all marine and freshwater plants, including kelp, marine flowering plants, benthic and detached algae, brown algae, red algae, green algae, and phytoplankton;

associated records means records documenting Nisg̱a'a culture including any correspondence, memorandum, book, plan, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, video tape, machine readable record, and any other documentary materials, regardless of the physical form or characteristics, and any copy of those records;

available flow means the volume of flow of water above that required:

a. to ensure conservation of fish and stream habitats and to continue navigability as determined by the Minister in accordance with the provisions of this Agreement, and

b. under water licences issued before March 22, 1996 and water licences issued under applications made before March 22, 1996;

Ayuu k hl Nisg̱a'a

and Ayuuk mean the traditional laws and practices of the Nisg̱a'a Nation;

British Columbia means, unless the context otherwise requires, Her Majesty the Queen in right of British Columbia;

British Columbia right of way means:

a. the Nisg̱a'a Highway corridor, or

b. any right of way on Nisg̱a'a Lands granted by the Nisg̱a'a Nation or a Nisg̱a'a Village to:

i. British Columbia, or

ii. a public utility

on the effective date under this Agreement, or after the effective date under paragraph 2 of the Roads and Rights of Way Chapter;

Canada means, unless the context otherwise requires, Her Majesty the Queen in right of Canada;

Category A Lands means the lands defined in paragraph 46 of the Lands Chapter;

Category B Lands means the lands defined in paragraph 61 of the Lands Chapter;

child means a person under the age of majority in British Columbia;

child and family service means a service that provides for:

a. the protection of children, where the primary objective is the safety and well-being of children, having due regard for:

i. the protection from abuse, neglect, and harm, or threat of abuse, neglect, or harm, and any need for intervention,

ii. the support of families and care givers to provide a safe environment and prevent abuse, neglect, and harm, or threat of abuse, neglect, or harm, and

iii. the support of kinship ties and a child's attachment to the extended family, or

b. the promotion of a well-functioning family and community life;

community correction service means:

a. bail, probation, conditional sentences, conditional supervision, parole supervision, and other forms of conditional release of adult and young offenders,

b. preparation of reports for courts, Crown counsel, and parole boards,

c. supervision of diverted offenders and operation of diversion programs,

d. monitoring under the Electronic Monitoring Program,

e. development and supervision of alternative to custody programs for adult and young offenders,

f. other similar services that may be delivered by British Columbia or Canada from time to time, or

g. Family Court counsellor functions described in an agreement under the Administration of Justice Chapter;

consult and consultation mean provision to a party of:

a. notice of a matter to be decided, in sufficient detail to permit the party to prepare its views on the matter,

b. in consultations between the Parties to this Agreement, if requested by a Party, sufficient information in respect of the matter to permit the Party to prepare its views on the matter,

c. a reasonable period of time to permit the party to prepare its views on the matter,

d. an opportunity for the party to present its views on the matter, and

e. a full and fair consideration of any views on the matter so presented by the party;

Crown means Her Majesty the Queen in right of Canada, or Her Majesty the Queen in right of British Columbia, as the case may be;

Crown roads means the Nisg̱a'a Highway and secondary provincial roads;

descendant includes a direct descendant notwithstanding any intervening adoption or any birth outside marriage;

designated species means:

a. a species of wildlife for which the Minister has determined under the Wildlife and Migratory Birds

Chapter that there should be a total allowable harvest in the Nass Wildlife Area, or

b. an initial designated species

in the Nass Wildlife Area;

directed harvest means the catching and keeping of:

a. a species of fish from a fishery in which a Nass Area stock of that species is a significant portion of the fish caught and kept, or

b. a Nass Area stock of a species of fish using live capture gear;

disagreement means any matter to which the Dispute Resolution

Chapter applies as set out in paragraph 7 of that Chapter;

dispose means to transfer by any method and includes assign, give, sell, grant, charge, convey, bequeath, devise, lease, divest, release, and to agree to do any of those things;

domestic purposes means, in the Fisheries Chapter, and in the Wildlife and Migratory Birds Chapter, food, social, and ceremonial purposes;

effective date means the date upon which this Agreement takes effect;

eligible voter means an individual who:

a. is eligible to vote under paragraph 6 of the Ratification Chapter, or

b. who votes under paragraph 7 of the Ratification

Chapter and whose vote is counted in accordance with paragraph 8 of that Chapter;

enhancement initiative means an initiative that is intended to result in an increase in fish stocks through:

a. an artificial improvement to fish habitat, or

b. the application of fish culture technology;

enrolled means entered in the enrolment register provided for in the Eligibility and Enrolment Chapter;

Enrolment Appeal Board means the board established under paragraph 19 of the Eligibility and Enrolment Chapter;

Enrolment Committee means the committee established under paragraph 8 of the Eligibility and Enrolment Chapter;

environmental assessment means the evaluation of impacts on the environment, and includes screening, study, and review;

escapement goal means the number of a species of Nass salmon that the Minister determines is necessary for spawning;

fair compensation means, in respect of land, compensation as that term is generally applied in respect of a taking by the Crown, and will be based on:

a. fair market value of the land or interest that is expropriated or otherwise taken,

b. the replacement value of any improvement on the land that is expropriated or otherwise taken,

c. disturbance caused by the expropriation or taking, and

d. in the case of Category A Lands, any particular cultural values;

fish means:

a. fish, including anadromous fish,

b. shellfish, crustaceans, and marine animals,

c. the parts of fish, shellfish, crustaceans, and marine animals, and

d. the eggs, sperm, spawn, larvae, spat, juvenile stages and adult stages of fish, shellfish, crustaceans and marine animals

but not "wildlife fish";

forest resources means all timber and non-timber forest resources, including all biota, but does not include wildlife, migratory birds, water, or fish;

geothermal resource means the natural heat of the earth and all substances that derive an added value from it, including steam, water, and water vapour heated by the natural heat of the earth, and all substances dissolved in the steam, water, or water vapour obtained from a well, but does not include:

a. water that has a temperature less than 80 degrees Centigrade at the point where it reaches the surface, or

b. hydrocarbons;

gravel management plan means a written description of the development, use, and closure of a gravel materials pit, that contains information such as its location, size and extent, access roads, soil and gravel materials descriptions, topographical and geotechnical mapping, development plans, anticipated volumes of gravel materials extracted per time period, reporting, and reclamation;

gravel materials means gravel, rock, and random borrow materials used in highway construction;

heritage sites includes archaeological, burial, historical, and sacred sites;

Hydro means British Columbia Hydro and Power Authority and its successors and assigns;

incidental harvest means the catching and keeping of a species of Nass Area fish, other than in a directed harvest;

initial designated species means a species designated under paragraph 15 of the Wildlife and Migratory Birds Chapter;

initial enrolment period means:

a. for the purposes of the Enrolment Committee, from October 1, 1997 to September 30, 1999, and

b. for the purposes of the Enrolment Appeal Board, from the effective date to the day before the second anniversary of the effective date;

intertidal bivalves means littleneck clams ( Protothaca staminea ), butter clams ( Saxidomus giganteas ), horse clams ( Tresus spp.), cockles ( Clinocardium nuttallii ), mussels (Mytilus edulis ), and manila clams ( Tapes philippinarum );

intoxicants includes liquor;

Joint Fisheries Management Committee means the committee established under paragraph 77 of the Fisheries Chapter;

Joint Park Management Committee means the committee referred to in paragraph 106 of the Lands Chapter;

land claims agreement means:

a. a land claims agreement in Canada within the meaning of sections 25 and 35 of the Constitution Act, 1982 , or

b. a treaty within the meaning of sections 25 and 35 of the Constitution Act, 1982 that comes into effect in Canada after the effective date;

law includes federal, British Columbia, and Nisg̱a'a legislation, acts, ordinances, regulations, orders in council, bylaws, and the common law, but, for greater certainty, does not include Ayuu k hl Nisg̱a'a or Ayuuk ;

laws of general application includes federal and provincial laws that apply generally in British Columbia, but does not include federal laws in respect of Indians or lands reserved for the Indians;

liquor means:

a. fermented, spirituous and malt liquors,

b. combinations of liquors, and

c. drinks and drinkable liquids that are intoxicating

and liquor that contains more than 1% alcohol by volume will be conclusively deemed to be intoxicating, and "liquor" includes beer, or a substance which, by being dissolved or diluted, is capable of being made a drinkable liquid that is intoxicating and which substance is declared by order of the Lieutenant Governor in Council to be liquor;

Lisims

means the Nass River;

migratory birds has the meaning set out in any federal legislation that is enacted further to international conventions and that is binding on British Columbia, and includes the eggs of migratory birds;

mineral resources includes minerals and geothermal resources;

minerals means ores of metal and all natural substances that can be mined, and includes:

a. rock or other materials from mine tailings, dumps, and previously mined deposits of minerals,

b. coal, petroleum, gas, earth, soil, peat, marl, sand, gravel, rock, stone, limestone, dolomite, marble, shale, clay, volcanic ash, and diatomaceous earth, and

c. all precious and base minerals;

Minister means, in relation to any matter, the Minister or Ministers of Her Majesty the Queen in right of Canada or in right of British Columbia, as the case may be, having the responsibility, from time to time, for the exercise of powers in relation to the matter in question;

minor means an individual under the age of majority in that person's place of residence;

Nass Area means:

a. the entire Nass watershed,

b. all Canadian watersheds and water bodies that drain into portions of Portland Inlet, Observatory Inlet, or Portland Canal, as defined in subparagraph (c), and

c. all marine waters in Pearse Canal, Portland Inlet, Observatory Inlet, and Portland Canal northeast of a line commencing at the Canadian border, midway between Pearse Island and Wales Island, and proceeding along Wales Passage southeasterly to Portland Inlet, then northeasterly to the midpoint between Start Point and Trefusis Point, then south to Gadu Point

as set out approximately in Appendix I;

Nass salmon means chinook, chum, coho, sockeye, and pink salmon originating in the Nass Area;

Nass steelhead means summer-run Nass steelhead and winter-run Nass steelhead originating in the Nass Area;

Nass Wildlife Area means the area described in Appendix J;

natural boundary means the visible high water mark of any lake, river, stream, or other body of water where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the body of water a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself;

neutral means a person appointed to assist the Parties to resolve a disagreement and, except in paragraph 24 of the Dispute Resolution

Chapter and Appendix M-4, includes an arbitrator;

neutral appointing authority means the British Columbia International Commercial Arbitration Centre or, if the Centre is unavailable to make a required appointment, any other independent and impartial body or individual acceptable to the Parties;

Nisg̱a'a annual fishing plan means a plan, or an in-season adjustment to a plan, approved in accordance with the Fisheries Chapter;

Nisg̱a'a artifact means any object created by, traded to, commissioned by, or given as a gift to a Nisg̱a'a person or Nisg̱a'a community, or that originated from a Nisg̱a'a community or Nisg̱a'a heritage site and that has past and ongoing importance to Nisg̱a'a culture or spiritual practices, but does not include any object traded to, commissioned by, or given as a gift to another aboriginal people;

Nisg̱a'a Certificate means a certificate of Nisg̱a'a Lisims Government described in subparagraph 7 (

b) of the Land Title Chapter;

Nisg̱a'a child means a minor who is or is eligible to become a Nisg̱a'a citizen;

Nisg̱a'a citizen means a citizen of the Nisg̱a'a Nation as determined by Nisg̱a'a law;

Nisg̱a'a Constitution means the constitution of the Nisg̱a'a Nation adopted in accordance with the Nisg̱a'a Government Chapter;

Nisg̱a'a Corporation means a corporation that is incorporated under federal or provincial law, all of the shares of which are owned legally and beneficially by the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a settlement trust, a Nisg̱a'a Corporation Intermediary, or any combination of those entities;

Nisg̱a'a Corporation Intermediary means a corporation that is incorporated under federal or provincial law, all of the shares of which are owned legally and beneficially by the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a settlement trust, another Nisg̱a'a Corporation Intermediary, or any combination of those entities;

Nisg̱a'a Court means a court established under the Administration of Justice Chapter;

Nisg̱a'a Fee Simple Lands means Category A Lands and Category B Lands;

Nisg̱a'a fish allocation means a Nisg̱a'a fish entitlement under this Agreement, or a right to harvest fish under the Harvest Agreement referred to in the Fisheries Chapter, for which there is:

a. a defined harvest quantity or quota,

b. a formula defining a harvest quantity or quota, or

c. a defined harvest area other than the entire Nass Area;

Nisg̱a'a fish entitlement means a right to harvest fish or aquatic plants under this Agreement, but does not include the right to harvest fish under the Harvest Agreement referred to in the Fisheries Chapter, or under federal or provincial laws of general application;

Nisg̱a'a fisheries means:

a. fisheries to harvest fish under Nisg̱a'a fish entitlements under this Agreement,

b. fisheries to harvest Nass salmon under Nisg̱a'a fish allocations under the Harvest Agreement, and

c. harvests of aquatic plants under Nisg̱a'a fish entitlements under this Agreement;

Nisg̱a'a Government means Nisg̱a'a Lisims Government and Nisg̱a'a Village Governments;

Nisg̱a'a Highway means the following:

a. the British Columbia highway existing on the effective date connecting Highway 16, New Aiyansh, Nass Camp, Gitwinksihlkw, and Lagalt'sap, and

b. the portion of the route for the proposed highway from Nass Camp to Highway 37 that is within Nisg̱a'a Lands, and the route for the proposed highway from Laxgalt'sap to Gingolx;

Nisg̱a'a Highway corridor means the area of land on which the Nisg̱a'a Highway is located, as determined under paragraphs 9 and 10 of the Roads and Rights of Way

Chapter and as described in

Schedule A of the Roads and Rights of Way Chapter;

Nisg̱a'a Institution means:

a. Nisg̱a'a Lisims Government,

b. a Nisg̱a'a Village Government, or

c. a Nisg̱a'a Public Institution;

Nisg̱a'a Lands means those lands identified in paragraphs 1 and 2 of the Lands

Chapter and includes additions under paragraphs 9 or 11 of the Lands Chapter;

Nisg̱a'a laws includes the Nisg̱a'a Constitution;

Nisg̱a'a Lisims Government means the government of the Nisg̱a'a Nation described in the Nisg̱a'a Constitution;

Nisg̱a'a Nation means the collectivity of those aboriginal people who share the language, culture, and laws of the Nisg̱a'a Indians of the Nass Area, and their descendants;

Nisg̱a'a participant means an individual who is enrolled;

Nisg̱a'a Police Board means a board established under the Administration of Justice Chapter;

Nisg̱a'a Police Service means a police service established under the Administration of Justice Chapter;

Nisg̱a'a Private Lands means Nisg̱a'a Lands that are designated as Nisg̱a'a Private Lands by Nisg̱a'a Lisims Government;

Nisg̱a'a Public Institution means a Nisg̱a'a Government body, board, commission, or tribunal established under Nisg̱a'a law, such as a school board, health board, or police board, but does not include the Nisg̱a'a Court referred to in the Administration of Justice Chapter;

Nisg̱a'a Public Lands means Nisg̱a'a Lands other than Nisg̱a'a Village Lands or Nisg̱a'a Private Lands;

Nisg̱a'a public officer means:

a. a member, commissioner, director, or trustee of a Nisg̱a'a Public Institution,

b. a director of a Nisg̱a'a Corporation, the documents of incorporation of which have been approved by the Inspector of Municipalities for British Columbia,

c. an officer or employee of the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Institution, or a Nisg̱a'a Corporation, the documents of incorporation of which have been approved by the Inspector of Municipalities for British Columbia,

d. an election official within the meaning of a Nisg̱a'a law, or

e. a volunteer who participates in the delivery of services by the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Institution, or a body referred to in subparagraph (

b) or (c), under the supervision of an officer or employee of the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Institution, or a body referred to in subparagraph (

b) or (c);

Nisg̱a'a road means a road on Nisg̱a'a Lands that is not a provincial secondary road or a private road;

Nisg̱a'a

section 35 rights means the rights, anywhere in Canada, of the Nisg̱a'a Nation, that are recognized and affirmed by

section 35 of the Constitution Act, 1982 ;

Nisg̱a'a tribe means the Laxsgiik (Eagle), Laxgibuu (Wolf), the Gisk'aast (Killerwhale), or the G anada (Raven) tribe of the Nisg̱a'a Nation;

Nisg̱a'a Urban Locals means the entities established for the purpose of participation in Nisg̱a'a Lisims Government by Nisg̱a'a citizens residing outside of the Nass Area;

Nisg̱a'a Village means:

a. the village of New Aiyansh, Gitwinksihlkw, La x galt'sap, or Gingolx, or

b. any additional village on Nisg̱a'a Lands, established in accordance with the Nisg̱a'a Constitution and this Agreement;

Nisg̱a'a Village Government means the government of a Nisg̱a'a Village;

Nisg̱a'a Village Lands means Nisg̱a'a Lands that are designated as Nisg̱a'a Village Lands of a particular Nisg̱a'a Village by Nisg̱a'a Lisims Government;

Nisg̱a'a wildlife allocation means a Nisg̱a'a wildlife entitlement to a defined share of the total allowable harvest of a designated species;

Nisg̱a'a wildlife entitlement means a right to harvest wildlife or migratory birds under this Agreement, but does not include a right to harvest wildlife or migratory birds under federal or provincial laws of general application;

non-salmon species means a species of fish in the Nass Area other than Nass salmon and Nass steelhead;

overage means the amount calculated in accordance with

Schedule B of the Fisheries

Chapter in any year in which the Nisg̱a'a harvest of a species exceeds the amount of that species that the Nisg̱a'a Nation is entitled to harvest in Nisg̱a'a fisheries in that year;

overharvest means the amount in any year by which, as a result of harvesting in Canadian fisheries, the escapement goal exceeds the actual escapement for a species of Nass salmon;

participating Party means a Party that:

a. is required or agrees to participate in, or

b. initiates

a process described in the Dispute Resolution

Chapter to resolve a disagreement;

Party means a party to this Agreement;

private road means a road on a private right of way area on Nisg̱a'a Lands;

project means any undertaking or proposed undertaking in relation to a physical work or activity;

provincial Torrens system means the Land Title Act and all other laws of British Columbia in respect of the registration of title to, rights in, claims against, and estates and interests in, land, whether legal or equitable;

public utility has the meaning as set out in the Utilities Commission Act , and includes Hydro, BC TEL, and a water, sewage, or petroleum distribution utility;

Ratification Committee means the committee established under the Ratification Chapter;

Regional District of Kitimat-Stikine means the Regional District of Kitimat-Stikine as it exists on the effective date, and any successor regional government;

Registrar means "Registrar" as defined in the Land Title Act ;

right of way area means a defined portion of Nisg̱a'a Lands on which a grant is given by the Nisg̱a'a Nation or a Nisg̱a'a Village for a specified use, including use for a public or private road, or a public utility;

road means the surface area of lands constructed and used for vehicular passage, and includes surfacing, bridges, drainage and support works, traffic control structures, and other works required to maintain the integrity of the travelled surface;

secondary provincial road means a road existing on the effective date located on a right of way area granted by the Nisg̱a'a Nation or a Nisg̱a'a Village to British Columbia as described in Appendix C-1, subject to changes permitted under this Agreement;

settlement legislation means the Acts of Parliament and the Acts of the Legislature of British Columbia that give effect to this Agreement;

Simgigat and Sigidimhaanak means individuals who are Nisg̱a'a chiefs, and Nisg̱a'a matriarchs, respectively, in accordance with Ayuu k hl Nisg̱a'a;

stream includes a natural watercourse or source of water supply, whether usually containing water or not, and a lake, river, spring, ravine, swamp, and gulch;

submerged lands means lands below the natural boundary;

summer-run Nass steelhead means:

a. those Nass steelhead within the Nass River that migrate from marine environments to fresh water environments between June 1 and October 31 in any year, and

b. all Nass steelhead within watersheds draining into the Nass River upstream of the confluence of the Tseax River and the Nass River;

surplus means the amount, in any year, of a species of Nass salmon that exceeds the physical incubation and rearing capacity of a natural area, or an enhancement facility, for that species, and that has not been harvested in Nisg̱a'a fisheries or other aboriginal, commercial, or recreational fisheries;

survey plan means a plan based on a survey, made by a British Columbia Land Surveyor, that complies with the regulations in respect of surveys and plans made by the Surveyor General of British Columbia;

total allowable harvest means the maximum number of a designated species, as determined by the Minister, that may be harvested in the Nass Wildlife Area in each year, commencing on April 1 and ending on March 31;

underage means the amount calculated in accordance with

Schedule B of the Fisheries

Chapter in any year in which the amount of a species that the Nisg̱a'a Nation is entitled to harvest in that year in Nisg̱a'a fisheries exceeds the Nisg̱a'a harvest of that species;

voting officer means an individual who has been authorized by the Ratification Committee to issue ballots for the referendum at a place of voting;

wildlife means:

a. all vertebrate and invertebrate animals, including mammals, birds, wildlife fish, reptiles, and amphibians, and

b. the eggs, juvenile stages, and adult stages of all vertebrate and invertebrate animals

but does not include "fish" or "migratory birds";

Wildlife Committee means the committee established under paragraph 45 of the Wildlife and Migratory Birds Chapter;

wildlife fish means:

a. lampreys, crustaceans, mollusks, and non-anadromous fish, from or in non-tidal waters,

b. the parts of lampreys, crustaceans, mollusks, and non-anadromous fish, from or in non-tidal waters, and

c. the eggs, sperm, spawn, larvae, spat, juvenile stages, and adult stages of lampreys, crustaceans, mollusks, and non-anadromous fish, from or in non-tidal waters;

winter-run Nass steelhead means:

a. those Nass steelhead within the Nass River that migrate from marine environments to fresh water environments between November 1 in any year, and May 31 in the next year,

b. all Nass steelhead within watersheds draining into the Nass River downstream of the confluence of the Tseax River and the Nass River, including the Tseax River watershed, and

c. all Nass steelhead within watersheds draining into the Nass Area, other than the Nass River watershed and watersheds draining into the Nass River; and

year means a calendar year unless otherwise provided, or unless the Parties otherwise agree.

CHAPTER 2

GENERAL PROVISIONS

NATURE OF AGREEMENT

1. This Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982 .

AGREEMENT IS BINDING

2. This Agreement is binding on the Parties.

3. The Parties are entitled to rely on this Agreement.

4. Canada and British Columbia will recommend to Parliament and the Legislature of British Columbia, respectively, that settlement legislation provide that this Agreement is binding on, and can be relied on by, all persons.

REPRESENTATION AND WARRANTY

5. The Nisg̱a'a Nation represents and warrants to Canada and British Columbia that, in respect of the matters dealt with in this Agreement, it has the authority to enter, and it enters, into this Agreement on behalf of all persons who have any aboriginal rights, including aboriginal title, in Canada, or any claims to those rights, based on their identity as Nisg̱a'a.

6. Canada and British Columbia represent and warrant to the Nisg̱a'a Nation that, in respect of the matters dealt with in this Agreement, they have the authority to enter into this Agreement within their respective authorities.

NISG̱A'A CULTURE AND LANGUAGE

7. Nisg̱a'a citizens have the right to practice the Nisg̱a'a culture, and to use the Nisg̱a'a language, in a manner consistent with this Agreement.

CONSTITUTION OF CANADA

8. This Agreement does not alter the Constitution of Canada, including:

a. the distribution of powers between Canada and British Columbia;

b. the identity of the Nisg̱a'a Nation as an aboriginal people of Canada within the meaning of the Constitution Act, 1982 ; and

c. sections 25 and 35 of the Constitution Act, 1982 .

9. The Canadian Charter of Rights and Freedoms applies to Nisg̱a'a Government in respect of all matters within its authority, bearing in mind the free and democratic nature of Nisg̱a'a Government as set out in this Agreement.

10. There are no "lands reserved for the Indians" within the meaning of the Constitution Act, 1867 for the Nisg̱a'a Nation, and there are no "reserves" as defined in the Indian Act for the use and benefit of a Nisg̱a'a Village, or an Indian band referred to in the Indian Act Transition Chapter, and, for greater certainty, Nisg̱a'a Lands and Nisg̱a'a Fee Simple Lands are not "lands reserved for the Indians" within the meaning of the Constitution Act, 1867 , and are not "reserves" as defined in the Indian Act .

APPLICATION OF FEDERAL AND PROVINCIAL LAWS

11. If an authority of British Columbia referred to in this Agreement is delegated from Canada and:

a. the delegation of that authority is revoked; or

b. if a superior court of a province, the Federal Court of Canada, or the Supreme Court of Canada finally determines that the delegation of that authority is invalid

the reference to British Columbia will be deemed to be a reference to Canada.

12. If an authority of Canada referred to in this Agreement is delegated from British Columbia and:

a. the delegation of that authority is revoked; or

b. if a superior court of a province, the Federal Court of Canada, or the Supreme Court of Canada finally determines that the delegation of that authority is invalid

the reference to Canada will be deemed to be a reference to British Columbia.

13. Federal and provincial laws apply to the Nisg̱a'a Nation, Nisg̱a'a Villages, Nisg̱a'a Institutions, Nisg̱a'a Corporations, Nisg̱a'a citizens, Nisg̱a'a Lands, and Nisg̱a'a Fee Simple Lands, but:

a. in the event of an inconsistency or conflict between this Agreement and the provisions of any federal or provincial law, this Agreement will prevail to the extent of the inconsistency or conflict; and

b. in the event of an inconsistency or conflict between settlement legislation and the provisions of any other federal or provincial law, the settlement legislation will prevail to the extent of the inconsistency or conflict.

14. Any licence, permit, or other authorization, including the Commercial Recreation Tenure required to be issued by Canada or British Columbia as a result of this Agreement, will be issued under federal or provincial law, as the case may be, and is not part of this Agreement, but in the event of an inconsistency or conflict between this Agreement and:

a. that federal or provincial law; or

b. any term or condition of the licence, permit, or other authorization

this Agreement will prevail to the extent of the inconsistency or conflict.

OTHER RIGHTS, BENEFITS, AND PROGRAMS

15. Nisg̱a'a citizens who are Canadian citizens or permanent residents of Canada continue to be entitled to all of the rights and benefits of other Canadian citizens or permanent residents of Canada, applicable to them from time to time.

16. Subject to paragraph 6 of the Fiscal Relations Chapter, nothing in this Agreement affects the ability of the Nisg̱a'a Nation, Nisg̱a'a Villages, Nisg̱a'a Institutions, Nisg̱a'a Corporations or Nisg̱a'a citizens to participate in, or benefit from, federal or provincial programs for aboriginal people, registered Indians or other Indians, in accordance with general criteria established for those programs from time to time.

17. Nothing in this Agreement affects the ability of the Nisg̱a'a Nation, Nisg̱a'a Villages, Nisg̱a'a Institutions, Nisg̱a'a Corporations, or Nisg̱a'a citizens to apply for or bid on any commercial, economic or other activity or project for which they would otherwise be eligible.

18. Subject to the Indian Act Transition

Chapter and paragraphs 5 and 6 of the Taxation Chapter, the Indian Act has no application to the Nisg̱a'a Nation, Nisg̱a'a Villages, Nisg̱a'a Institutions, or Nisg̱a'a citizens as of the effective date, except for the purpose of determining whether an individual is an "Indian".

JUDICIAL DETERMINATIONS IN RESPECT OF VALIDITY

19. If a superior court of a province, the Federal Court of Canada, or the Supreme Court of Canada finally determines any provision of this Agreement to be invalid or unenforceable:

a. the Parties will make best efforts to amend this Agreement to remedy or replace the provision; and

b. the provision will be severable from this Agreement to the extent of the invalidity or unenforceability, and the remainder of this Agreement will be construed, to the extent possible, to give effect to the intent of the Parties.

20. No Party will challenge, or support a challenge to, the validity of any provision of this Agreement.

21. A breach of this Agreement by a Party does not relieve any Party from its obligations under this Agreement.

FULL AND FINAL SETTLEMENT

22. This Agreement constitutes the full and final settlement in respect of the aboriginal rights, including aboriginal title, in Canada of the Nisg̱a'a Nation.

NISG̱A'A

SECTION 35 RIGHTS

23. This Agreement exhaustively sets out Nisg̱a'a

section 35 rights, the geographic extent of those rights, and the limitations to those rights, to which the Parties have agreed, and those rights are:

a. the aboriginal rights, including aboriginal title, as modified by this Agreement, in Canada of the Nisg̱a'a Nation and its people in and to Nisg̱a'a Lands and other lands and resources in Canada;

b. the jurisdictions, authorities, and rights of Nisg̱a'a Government; and

c. the other Nisg̱a'a

section 35 rights.

MODIFICATION

24. Notwithstanding the common law, as a result of this Agreement and the settlement legislation, the aboriginal rights, including the aboriginal title, of the Nisg̱a'a Nation, as they existed anywhere in Canada before the effective date, including their attributes and geographic extent, are modified, and continue as modified, as set out in this Agreement.

25. For greater certainty, the aboriginal title of the Nisg̱a'a Nation anywhere that it existed in Canada before the effective date is modified and continues as the estates in fee simple to those areas identified in this Agreement as Nisg̱a'a Lands or Nisg̱a'a Fee Simple Lands.

RELEASE

26. If, despite this Agreement and the settlement legislation, the Nisg̱a'a Nation has an aboriginal right, including aboriginal title, in Canada, that is other than, or different in attributes or geographical extent from, the Nisg̱a'a

section 35 rights as set out in this Agreement, the Nisg̱a'a Nation releases that aboriginal right to Canada to the extent that the aboriginal right is other than, or different in attributes or geographical extent from, the Nisg̱a'a

section 35 rights as set out in this Agreement.

27. The Nisg̱a'a Nation releases Canada, British Columbia and all other persons from all claims, demands, actions, or proceedings, of whatever kind, and whether known or unknown, that the Nisg̱a'a Nation ever had, now has or may have in the future, relating to or arising from any act, or omission, before the effective date that may have affected or infringed any aboriginal rights, including aboriginal title, in Canada of the Nisg̱a'a Nation.

CONSULTATION

28. When Canada and British Columbia have consulted with or provided information to the Nisg̱a'a Nation in respect of any activity, including a resource development or extraction activity, in accordance with their obligations under this Agreement and federal and provincial legislation, Canada and British Columbia will not have any additional obligations under this Agreement to consult with or provide information to the Nisg̱a'a Nation in respect of that activity.

PROVINCIAL LAW

29. Canada will recommend to Parliament that federal settlement legislation include a provision that, to the extent that a law of British Columbia does not apply of its own force to the Nisg̱a'a Nation, Nisg̱a'a Villages, Nisg̱a'a Institutions, Nisg̱a'a Corporations, or Nisg̱a'a citizens, that law of British Columbia will, subject to the federal settlement legislation and any other Act of Parliament, apply in accordance with this Agreement to the Nisg̱a'a Nation, Nisg̱a'a Villages, Nisg̱a'a Institutions, Nisg̱a'a Corporations, or Nisg̱a'a citizens, as the case may be.

INDEMNITIES

30. The Nisg̱a'a Nation will indemnify and save harmless Canada or British Columbia, as the case may be, from any:

a. costs, excluding fees and disbursements of solicitors and other professional advisors;

b. damages;

c. losses; or

d. liabilities

that Canada or British Columbia, respectively, may suffer or incur in connection with, or as a result of, any claims, demands, actions, or proceedings relating to, or arising out of, any act, or omission, before the effective date that may have affected or infringed any aboriginal rights, including aboriginal title, in Canada of the Nisg̱a'a Nation.

31. The Nisg̱a'a Nation will indemnify and save harmless Canada or British Columbia, as the case may be, from any:

a. costs, excluding fees and disbursements of solicitors and other professional advisors;

b. damages;

c. losses; or

d. liabilities

that Canada or British Columbia, respectively, may suffer or incur in connection with or as a result of any claims, demands, actions, or proceedings relating to, or arising out of, the existence of an aboriginal right, including aboriginal title, in Canada of the Nisg̱a'a Nation, that is other than, or different in attributes or geographical extent from, the Nisg̱a'a

section 35 rights as set out in this Agreement.

32. A Party who is the subject of a claim, demand, action, or proceeding that may give rise to a requirement to provide payment to that Party pursuant to an indemnity under this Agreement:

a. will vigorously defend the claim, demand, action, or proceeding; and

b. will not settle or compromise the claim, demand, action, or proceeding except with the consent of the Party who has granted that indemnity, which consent will not be arbitrarily or unreasonably withheld or delayed.

OTHER ABORIGINAL PEOPLE

33. Nothing in this Agreement affects, recognizes, or provides any rights under

section 35 of the Constitution Act, 1982 for any aboriginal people other than the Nisg̱a'a Nation.

34. If a superior court of a province, the Federal Court of Canada, or the Supreme Court of Canada finally determines that any aboriginal people, other than the Nisg̱a'a Nation, has rights under

section 35 of the Constitution Act, 1982 that are adversely affected by a provision of this Agreement:

a. the provision will operate and have effect to the extent that it does not adversely affect those rights; and

b. if the provision cannot operate and have effect in a way that it does not adversely affect those rights, the Parties will make best efforts to amend this Agreement to remedy or replace the provision.

35. If Canada or British Columbia enters into a treaty or a land claims agreement, within the meaning of sections 25 and 35 of the Constitution Act, 1982 , with another aboriginal people, and that treaty or land claims agreement adversely affects Nisg̱a'a

section 35 rights as set out in this Agreement:

a. Canada or British Columbia, or both, as the case may be, will provide the Nisg̱a'a Nation with additional or replacement rights or other appropriate remedies;

b. at the request of the Nisg̱a'a Nation, the Parties will negotiate and attempt to reach agreement on the provision of those additional or replacement rights or other appropriate remedies; and

c. if the Parties are unable to reach agreement on the provision of the additional or replacement rights or other appropriate remedies, the provision of those additional or replacement rights or remedies will be determined in accordance with Stage Three of the Dispute Resolution Chapter.

AMENDMENT PROVISIONS

36. Except for any provision of this Agreement that provides that an amendment requires the consent of only the Nisg̱a'a Nation and either Canada or British Columbia, all amendments to this Agreement require the consent of all three Parties.

37. Canada will give consent to an amendment to this Agreement by order of the Governor in Council.

38. British Columbia will give consent to an amendment to this Agreement by resolution of the Legislature of British Columbia.

39. If federal or provincial legislation is required to give effect to an amendment to this Agreement, Canada or British Columbia, as the case may be, will take all reasonable steps to enact the legislation.

40. The Nisg̱a'a Nation will give consent to an amendment to this Agreement by a resolution adopted by at least two thirds of the elected members of Nisg̱a'a Lisims Government.

41. An amendment to this Agreement takes effect on a date agreed to by the parties to the amendment, but if no date is agreed to, on the date that the last Party required to consent to the amendment gives its consent.

42. Notwithstanding paragraphs 37 to 41, if the Nisg̱a'a Nation adds land to Nisg̱a'a Lands in accordance with paragraph 9 or 11 of the Lands Chapter, Appendix A will be deemed to be amended upon receipt by Canada and British Columbia of the written notice referred to in paragraph 9 or 11 of the Lands Chapter.

43. Notwithstanding paragraphs 37 to 41, whenever:

a. this Agreement provides:

i. that the Nisg̱a'a Nation and Canada or British Columbia will negotiate and attempt to reach agreement in respect of a matter that will result in an amendment to this Agreement, including a change to an Appendix, and

ii. that if agreement is not reached, the matter will be finally determined by arbitration under the Dispute Resolution Chapter; and

b. those Parties have negotiated an agreement or the matter is determined by arbitration

this Agreement will be deemed to be amended on the date the agreement or arbitrator's decision takes effect, as the case may be.

FREEDOM OF INFORMATION AND PRIVACY

44. For the purposes of federal and provincial access to information and privacy legislation, information that Nisg̱a'a Government provides to Canada or British Columbia in confidence is deemed to be information received or obtained in confidence from another government.

45. If Nisg̱a'a Government requests disclosure of information from Canada or British Columbia, the request will be evaluated as if it were a request by a province for disclosure of that information, but Canada and British Columbia are not required to disclose to Nisg̱a'a Government information that is only available to a particular province or particular provinces.

46. The Parties may enter into agreements in respect of any one or more of the collection, protection, retention, use, disclosure, and confidentiality of personal, general, or other information.

47. Canada or British Columbia may provide information to Nisg̱a'a Government in confidence if Nisg̱a'a Lisims Government has made a law or has entered into an agreement with Canada or British Columbia, as the case may be, under which the confidentiality of the information will be protected.

48. Notwithstanding any other provision of this Agreement:

a. Canada and British Columbia are not required to disclose any information that they are required to withhold under any federal or provincial law;

b. if federal or provincial legislation allows the disclosure of certain information only if specified conditions for disclosure are satisfied, Canada and British Columbia are not required to disclose that information unless those conditions are satisfied; and

c. the Parties are not required to disclose any information that may be withheld under a privilege at law or under sections 37 to 39 of the Canada Evidence Act .

OBLIGATION TO NEGOTIATE

49. Whenever the Parties are obliged under any provision of this Agreement to negotiate and attempt to reach agreement, unless the Parties otherwise agree, all Parties will participate in the negotiations.

50. Whenever this Agreement provides that the Parties, or any of them, "will negotiate and attempt to reach agreement", those negotiations will be conducted as set out in the Dispute Resolution Chapter, but, the Parties or any of them, are not obliged to proceed to Stage Three of the Dispute Resolution

Chapter unless, in a particular case, they are required to do so under paragraph 28 of the Dispute Resolution Chapter.

51. Except as set out in this Agreement, an agreement that is reached as a result of negotiations that are required or permitted under any paragraph of this Agreement is not part of this Agreement.

CONFLICT AND INCONSISTENCY

52. In this Agreement:

a. there is a conflict between laws if compliance with one law would be a breach of the other law; and

b. laws are not inconsistent merely because they make provision for the same subject matter.

53. If a Nisg̱a'a law has an incidental impact on a subject matter in respect of which Nisg̱a'a Government does not have jurisdiction to make laws, and there is an inconsistency or conflict between that incidental impact and a federal or provincial law in respect of that subject matter, the federal or provincial law prevails to the extent of the inconsistency or conflict.

ENTIRE AGREEMENT

54. This Agreement is the entire agreement among the Parties in respect of the subject matter of this Agreement and, except as set out in this Agreement, there is no representation, warranty, collateral agreement, condition, right, or obligation affecting this Agreement.

55. The Schedules and Appendices to this Agreement form part of this Agreement.

INTERPRETATION

56. Except as set out in this Agreement, in the event of an inconsistency or conflict between a provision of this

Chapter and any other provision of this Agreement, the provision of this

Chapter prevails to the extent of the inconsistency or conflict.

57. There is no presumption that doubtful expressions, terms or provisions in this Agreement are to be resolved in favour of any particular Party.

58. In this Agreement:

a. the use of the word "will" denotes an obligation that, unless this Agreement provides to the contrary, must be carried out as soon as practicable after the effective date or the event that gives rise to the obligation;

b. unless it is otherwise clear from the context, the use of the word "including" means "including, but not limited to", and the use of the word "includes" means "includes, but is not limited to";

c. unless it is otherwise clear from the context, a reference to a "Chapter", "paragraph", "subparagraph", "Schedule", or "Appendix" means a chapter, paragraph, subparagraph, schedule, or appendix, respectively, of this Agreement;

d. unless it is otherwise clear from the context, a reference in a

chapter of this Agreement to a "paragraph", "subparagraph", or "Schedule" means a paragraph, subparagraph, or

schedule of that chapter;

e. headings and subheadings are for convenience only, do not form a part of this Agreement, and in no way define, limit, alter, or enlarge the scope or meaning of any provision of this Agreement;

f. a reference to a statute includes every amendment to it, every regulation made under it, and any law enacted in substitution for, or in replacement of, it;

g. unless it is otherwise clear from the context, "provincial" refers to the province of British Columbia; and

h. unless it is otherwise clear from the context, the use of the singular includes the plural, and the use of the plural includes the singular.

NO IMPLIED WAIVER

59. A provision of this Agreement, or the performance by a Party of an obligation under this Agreement, may not be waived unless the waiver is in writing and signed by the Party or Parties giving the waiver.

60. No written waiver of a provision of this Agreement, of performance by a Party of an obligation under this Agreement, or of default by a Party of an obligation under this Agreement, will be a waiver of any other provision, obligation, or subsequent default.

TIME OF THE ESSENCE

61. Time is of the essence in this Agreement.

ASSIGNMENT

62. Unless otherwise agreed to by the Parties, this Agreement may not be assigned, either in whole or in part, by any Party.

ENUREMENT

63. This Agreement will enure to the benefit of and be binding upon the Parties and their respective permitted assigns.

NOTICE

64. In paragraphs 65 to 68, "communication" includes a notice, document, request, approval, authorization, or consent.

65. Unless otherwise set out in this Agreement, a communication between or among the Parties under this Agreement must be:

a. delivered personally or by courier;

b. transmitted by fax; or

c. mailed by prepaid registered post in Canada.

66. A communication will be considered to have been given, made, or delivered, and received:

a. if delivered personally or by courier, at the start of business on the next business day after the business day on which it was received by the addressee or a responsible representative of the addressee;

b. if transmitted by fax and the sender receives confirmation of the transmission, at the start of business on the business day next following the day on which it was transmitted; or

c. if mailed by prepaid registered post in Canada, when the postal receipt is acknowledged by the addressee.

67. In addition to the provisions of paragraphs 65 and 66, the Parties may agree to give, make, or deliver a communication by means other than those provided in paragraph 65.

68. The Parties will provide to each other addresses for delivery of communications under this Agreement, and subject to paragraph 69, will deliver a communication to the address provided by each other Party.

69. If no other address for delivery of a particular communication has been provided by a Party, a communication will be delivered, mailed to the address, or transmitted to the fax number, of the intended recipient as set out below:

For:

Canada

Attention:

Minister of Indian Affairs and Northern Development

House of Commons

Room 583, Confederation Building

Ottawa, Ottawa

K1A 0A6

Fax Number:

(819) 953-4941

For:

British Columbia

Attention:

Minister of Aboriginal Affairs

Room 325, Parliament Buildings

Victoria, British Columbia

V8V 1X4

Fax Number:

(250) 356-1124

For:

Nisg̱a'a Nation

Attention:

President

P.O. Box 231

New Aiyansh, British Columbia

V0J 1A0

Fax Number:

(250) 633-2367

70. A Party may change its address or fax number by giving a notice of the change to the other Parties.

CHAPTER 3

LANDS

NISG̱A'A LANDS

General

1. On the effective date, Nisg̱a'a Lands consist of all lands, including islands, within the boundaries set out in Appendix A except submerged lands, the Gingietl Creek Ecological Reserve, the Nisg̱a'a Highway corridor, and the lands within the boundaries set out in Appendix B:

a. Appendix B-1 — land in the vicinity of Red Bluff that has been set apart as Indian Reserve No. 88;

b. Appendix B-2 — land in respect of which British Columbia has granted an estate in fee simple;

c. Appendix B-3 — land in respect of which British Columbia has granted an agriculture lease or woodlot licence; and

d. Appendix B-4 — roads associated with the land referred to in Appendix B-2.

2. On the effective date, Nisg̱a'a Lands comprise 1,992 square kilometres, more or less, of land in the lower Nass Valley, consisting of:

a. 1,930 square kilometres, more or less; and

b. 62 square kilometres, more or less, of lands identified as former Nisg̱a'a Indian reserves in Appendix A-4, and which cease to be Indian reserves on the effective date.

Ownership of Nisg̱a'a Lands

3. On the effective date, the Nisg̱a'a Nation owns Nisg̱a'a Lands in fee simple, being the largest estate known in law. This estate is not subject to any condition, proviso, restriction, exception, or reservation set out in the Land Act , or any comparable limitation under any federal or provincial law. No estate or interest in Nisg̱a'a Lands can be expropriated except as permitted by, and in accordance with, this Agreement.

4. In accordance with this Agreement, the Nisg̱a'a Constitution, and Nisg̱a'a law, the Nisg̱a'a Nation may:

a. dispose of the whole of its estate in fee simple in any parcel of Nisg̱a'a Lands to any person; and

b. from the whole of its estate in fee simple, or its interest, in any parcel of Nisg̱a'a Lands, create, or dispose of any lesser estate or interest to any person, including rights of way and covenants similar to those in sections 218 and 219 of the Land Title Act

without the consent of Canada or British Columbia.

5. A parcel of Nisg̱a'a Lands does not cease to be Nisg̱a'a Lands as a result of any change in ownership of an estate or interest in that parcel.

6. All methods of acquiring a right in or over land by prescription or by adverse possession, including the common law doctrine of prescription and the doctrine of the lost modern grant, are abolished in respect of Nisg̱a'a Lands.

7. If, at any time, any parcel of Nisg̱a'a Lands, or any estate or interest in a parcel of Nisg̱a'a Lands, finally escheats to the Crown, the Crown will transfer, at no charge, that parcel, estate or interest to the Nisg̱a'a Nation.

8. Neither:

a. any estate or interest of the Nisg̱a'a Nation or a Nisg̱a'a Village in any parcel of Nisg̱a'a Lands to which the provincial Torrens system does not apply; nor

b. any interest, right, privilege or title of the Nisg̱a'a Nation or a Nisg̱a'a Village reserved or excepted by the Nisg̱a'a Nation or Nisg̱a'a Village from any creation or disposition of an estate or interest in a parcel of Nisg̱a'a Lands

is subject to attachment, charge other than charges that are liens in favour of Canada or British Columbia, seizure, distress, execution, or sale, except under an instrument, including a mortgage or other security instrument, in favour of a person and granted by the Nisg̱a'a Nation or the Nisg̱a'a Village, or if allowed under a law made by Nisg̱a'a Lisims Government under paragraph 44 of the Nisg̱a'a Government Chapter.

Additions to Nisg̱a'a Lands

9. If, at any time, the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation, or a Nisg̱a'a citizen owns the estate in fee simple to any parcel of land within the boundaries set out in Appendix B-1, B-2, or B-3, the Nisg̱a'a Nation may, with the consent of the owner, add that parcel of land to Nisg̱a'a Lands. That parcel of land, together with any roads identified in Appendix B-4 associated with it, will become Nisg̱a'a Lands upon receipt by Canada and British Columbia of written notice from the Nisg̱a'a Nation identifying that parcel of land and attaching the written consent of the owner of that parcel of land.

10. If, at any time:

a. British Columbia owns the estate in fee simple to any land within the boundaries set out in Appendix B-2; or

b. any land within the boundaries set out in Appendix B-3 ceases to be subject to an agriculture lease or a woodlot licence existing on the effective date

British Columbia will offer to sell the estate in fee simple to that land to the Nisg̱a'a Nation for a price not to exceed fair market value.

11. If, at any time, the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation or a Nisg̱a'a citizen owns the estate in fee simple to a parcel of land that is contiguous with Nisg̱a'a Lands, other than land referred to in Appendix B-1, B-2, or B-3, the Nisg̱a'a Nation may, with the consent of the owner and the agreement of Canada and British Columbia, add the land to Nisg̱a'a Lands. If the owner consents and Canada, British Columbia, and the Nisg̱a'a Nation agree that the land may be added to Nisg̱a'a Lands, the land will become Nisg̱a'a Lands upon receipt by Canada and British Columbia of written notice in accordance with that agreement.

12. If the Nisg̱a'a Nation adds a parcel of land to Nisg̱a'a Lands under paragraph 9 or 11, that land will be subject to:

a. any existing charge, encumbrance, licence, or permit;

b. any subsisting condition, proviso, restriction, exception, or reservation, contained in:

i. the original grant or disposition from the Crown,

ii. any other grant or disposition from the Crown, or

iii. the Land Act

other than those in favour of the Crown at the time of the addition of the parcel of land to Nisg̱a'a Lands; and

c. any limitation under federal or provincial law comparable to those set out in subparagraph 12(b), other than those in favour of the Crown at the time of the addition of the parcel of land to Nisg̱a'a Lands.

13. When a parcel of land becomes Nisg̱a'a Lands under paragraph 9 or 11, any subsisting condition, proviso, restriction, exception, or reservation referred to in subparagraph 12(

b) or (

c) that is in favour of the Crown at the time of the addition of the parcel of land to Nisg̱a'a Lands, will terminate.

14. If the Nisg̱a'a Nation adds a parcel of land to Nisg̱a'a Lands under paragraph 9 or 11, Appendix A-1, A-2, and A-3, and Appendix B-1, B-2, B-3, or B-4, as the case may be, will be amended to reflect the change to the boundaries of Nisg̱a'a Lands.

Boundary Resolution

15. If a Party provides the other Parties with a proposal to clarify the location of any part of a boundary of Nisg̱a'a Lands, the Parties will follow the procedure set out in

Schedule A.

Designations of Nisg̱a'a Lands

16. Nisg̱a'a Lands comprise Nisg̱a'a Public Lands, Nisg̱a'a Private Lands, and Nisg̱a'a Village Lands.

17. Nisg̱a'a Public Lands are Nisg̱a'a Lands other than those designated by Nisg̱a'a Lisims Government as Nisg̱a'a Village Lands or Nisg̱a'a Private Lands.

18. Nisg̱a'a Private Lands include:

a. lands in which Nisg̱a'a Lisims Government creates an exclusive interest; and

b. lands that are otherwise required for uses that are incompatible with public access, including commercial, cultural, or resource development uses.

MINERAL RESOURCES

19. For greater certainty, in accordance with paragraph 3, on the effective date the Nisg̱a'a Nation owns all mineral resources on or under Nisg̱a'a Lands.

20. Nisg̱a'a Lisims Government has the exclusive authority to determine, collect, and administer any fees, rents, royalties, or other charges in respect of mineral resources on or under Nisg̱a'a Lands.

21. Nisg̱a'a Lisims Government and British Columbia may enter into agreements in respect of the application on Nisg̱a'a Lands of provincial administrative systems relating to:

a. claim staking;

b. recording and inspecting of subsurface exploration and development;

c. the collection of fees, rents, royalties, and other charges by British Columbia on behalf of Nisg̱a'a Lisims Government; and

d. other similar matters.

SUBMERGED LANDS WITHIN NISG̱A'A LANDS

22. British Columbia owns the submerged lands within Nisg̱a'a Lands.

23. British Columbia will provide written notice to the Nisg̱a'a Nation of any proposed disposition of an estate or interest in, or use or occupation of, submerged lands within Nisg̱a'a Lands.

24. British Columbia will not, in respect of submerged lands within Nisg̱a'a Lands:

a. grant an estate in fee simple;

b. grant a lease that, with any rights of renewal, may exceed 25 years;

c. transfer administration and control for a period that may exceed 25 years; or

d. otherwise dispose of an estate or interest in, or authorize the use or occupation of, submerged lands within Nisg̱a'a Lands if that disposition, use, or occupation would adversely affect Nisg̱a'a Lands or Nisg̱a'a interests set out in this Agreement

without the consent of the Nisg̱a'a Nation, which consent will not be unreasonably withheld.

25. If the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation, or a Nisg̱a'a citizen applies to British Columbia to acquire an estate or interest in, or for authorization to use or occupy, submerged lands within Nisg̱a'a Lands, British Columbia will not unreasonably refuse to grant the estate or interest or to issue the authorization if:

a. the Nisg̱a'a Nation has consented to the acquisition, use, or occupation; and

b. the proposed acquisition or authorization conforms to provincial law respecting the disposition, use, or occupation of submerged lands within British Columbia.

26. A dispute as to whether:

a. the Nisg̱a'a Nation is unreasonably withholding consent under paragraph 24; or

b. British Columbia is unreasonably refusing to grant an estate or interest, or to issue an authorization, under paragraph 25

will be finally determined by arbitration under the Dispute Resolution Chapter.

27. For greater certainty, paragraphs 22 to 26 do not affect any property rights of upland owners of Nisg̱a'a Lands adjacent to submerged lands.

INTERESTS ON NISG̱A'A LANDS

Definition of "Interests"

28. In paragraphs 29 to 41, interests includes estates, interests, charges, mineral claims, encumbrances, licences, and permits.

Former Interests Cease to Exist

29. On the effective date:

a. the Nisg̱a'a Nation's title to Nisg̱a'a Lands is free and clear of all interests, except:

i. those granted or issued under paragraphs 30 to 40,

ii. those referred to in paragraph 41,

iii. those continued or issued under the transition provisions of the Forest Resources Chapter, and

iv. those granted under the Roads and Rights of Way Chapter; and

b. subject to paragraph 41, and the transition provisions of the Forest Resources Chapter, every interest that, before the effective date, encumbered or applied to the lands that are Nisg̱a'a Lands, ceases to exist.

Replacement Interests

30. The Nisg̱a'a Nation, in accordance with paragraphs 31 to 40, and the Roads and Rights of Way Chapter, will grant or issue interests to those persons who are named in Appendix C-1 as persons who, immediately before the effective date, had interests in the lands that comprise Nisg̱a'a Lands on the effective date.

31. On the effective date, the Nisg̱a'a Nation will execute documents granting or issuing to each person named in Appendix C-1 that person's interest, as set out in that Appendix.

32. A document executed under paragraph 31 for an interest set out in

Part I of Appendix C-1 will be in the applicable form set out in Appendix C-2 and will include any modifications agreed upon in writing before the effective date by the Nisg̱a'a Tribal Council and the person entitled to the interest.

33. On the effective date, the Nisg̱a'a Nation will issue to each person named in Appendix C-5 a certificate of possession for the parcel of Nisg̱a'a Lands ascribed to that person and described in Appendix C-5.

34. On the effective date, the Nisg̱a'a Nation will issue to each person named in Appendix C-6 a certificate of possession for the parcel of Nisg̱a'a Lands ascribed to that person and described in Appendix C-6.

35. A person to whom the Nisg̱a'a Nation issues a certificate of possession under paragraph 33 or 34 will have substantially the same right to possess the described parcel of Nisg̱a'a Lands as the person would have had as the holder of a certificate of possession under the Indian Act immediately before the effective date, modified to reflect Nisg̱a'a Government jurisdiction over, and Nisg̱a'a Nation ownership of, Nisg̱a'a Lands.

36. After the effective date, the Nisg̱a'a Nation or a Nisg̱a'a Village may, in accordance with Nisg̱a'a law, replace the certificates of possession issued under paragraphs 33 or 34 with estates or interests in, or licences to use or possess, the described parcels of Nisg̱a'a Lands. If the certificates of possession are replaced with licences, the licences will include rights to use and possess the land comparable to, or greater than, those set out in those certificates of possession.

37. A document referred to in paragraph 31, 33 or 34, or in paragraph 7 of the Roads and Rights of Way Chapter, will be deemed to be:

a. delivered by the Nisg̱a'a Nation on the effective date; and

b. executed and delivered by each person referred to in those paragraphs on the effective date, whether or not the document is actually executed or delivered by that person.

38. The Nisg̱a'a Nation will, as soon as practicable after the effective date, physically deliver the applicable document:

a. to each person named in Appendix C-1, C-5, or C-6; or

b. to any other person who, before the effective date:

i. was identified in writing to the Nisg̱a'a Tribal Council by Canada or British Columbia as the person who, instead of a person named in Appendix C-1 or C-5, should receive an interest referred to in Appendix C-1 or C-5 by reason of death, any form of transfer, error or operation of law, or

ii. was identified in writing to Canada and British Columbia by the Nisg̱a'a Tribal Council as the person who, instead of a person named in Appendix C-6, should receive an interest referred to in Appendix C-6 by reason of death, any form of transfer, error or operation of law

and the Appendix will be amended to reflect the change.

39. If Canada or British Columbia notifies the Nisg̱a'a Nation that an interest granted under paragraph 30, 31, 33, or 34:

a. is in the name of a person who was not actually entitled to the interest on the effective date; or

b. contains a clerical error or a wrong description of a material fact

the appropriate Parties will take reasonable measures to rectify the error.

40. Any right of way of the nature described in

section 218 of the Land Title Act that is granted by the Nisg̱a'a Nation under this Agreement is legally binding and enforceable notwithstanding that the Nisg̱a'a Lands to which the right of way relates are not subject to the Land Title Act .

Licences and Traplines

41. The traplines, guide outfitter licence and certificate, and angling guide licences set out in Appendix C-7 are retained by the persons who hold those interests on the effective date in accordance with provincial laws of general application and the Wildlife and Migratory Birds Chapter. If an interest referred to in this paragraph is not renewed or replaced, that interest will cease to exist.

Indemnities

42. British Columbia will indemnify and save harmless the Nisg̱a'a Nation from any damages, losses, liabilities, or costs, excluding fees and disbursements of solicitors and other professional advisors, that the Nisg̱a'a Nation may suffer or incur in connection with or as a result of any claims, demands, actions, or proceedings relating to or arising out of:

a. the omission from Appendix C-1 of the name of a person who, immediately before the effective date, had an interest in Nisg̱a'a Lands that had been granted by British Columbia; or

b. the incorrect naming of a person in Appendix C-1 as a person entitled to an interest, where another person was actually entitled, immediately before the effective date, to the interest in Nisg̱a'a Lands that had been granted by British Columbia.

43. Canada will indemnify and save harmless the Nisg̱a'a Nation from any damages, losses, liabilities, or costs, excluding fees and disbursements of solicitors and other professional advisors, that the Nisg̱a'a Nation may suffer or incur in connection with or as a result of any claims, demands, actions, or proceedings relating to or arising out of:

a. the omission from Appendix C-1 or C-5 of the name of a person who, immediately before the effective date, had an interest in or a certificate of possession in respect of Nisg̱a'a Lands that had been granted by Canada; or

b. the incorrect naming of a person in Appendix C-1 or C-5 as a person entitled to an interest or certificate of possession, where another person was actually entitled, immediately before the effective date, to the interest or the certificate of possession in respect of Nisg̱a'a Lands that had been granted by Canada.

SITE REMEDIATION

44. British Columbia will inspect the sites set out in

Schedule B and will undertake, or cause to be undertaken, appropriate remediation of any contamination at each site as follows:

a. British Columbia, or the person undertaking the remediation, will give notice to the Nisg̱a'a Nation no more than 60 days before commencing the remediation; and

b. whether a site is contaminated, and the nature and extent of the appropriate remediation, will be determined under British Columbia law and, for the purposes of those determinations, the use of the site will be deemed to be either:

i. the actual use of the site on the date of the notice under subparagraph (a); or

ii. if the site is not in use on the date of the notice under subparagraph (a), the use identified in

Schedule B.

NISG̱A'A FEE SIMPLE LANDS OUTSIDE NISG̱A'A LANDS

45. Nisg̱a'a Fee Simple Lands consist of Category A Lands and Category B Lands as described in Appendix D.

Category A Lands

46. Category A Lands are the parcels of land set out in Appendix D-2 and D-3, and consist of:

a. the lands identified as former Nisg̱a'a Indian reserves in Appendix D-2 and D-3; and

b. certain lands adjacent to some of those former Nisg̱a'a Indian reserves.

47. On the effective date, the lands outside Nisg̱a'a Lands that are identified as former Nisg̱a'a Indian reserves in Appendix D-2 and D-3 cease to be Indian reserves.

48. On the effective date, the Nisg̱a'a Nation owns the estate in fee simple to Category A Lands.

49. The estate in fee simple to Category A Lands is subject to the rights referred to in subparagraph 50 (1) (a) (iii) of the Land Act but is not subject to any other conditions, provisos, restrictions, exceptions, or reservations set out in

section 50 of the Land Act , and no estate or interest in Category A Lands can be expropriated from the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation, or a Nisg̱a'a citizen except as permitted by, and in accordance with, this Agreement.

50. On the effective date, subject to paragraph 51, the estate in fee simple to Category A Lands is free and clear of all estates, interests, charges, mineral claims, encumbrances, licences, and permits, except those set out in Appendix D-4.

51. On the effective date, the Nisg̱a'a Nation owns all mineral resources on or under Category A Lands, free and clear of all estates, interests, charges, mineral claims, encumbrances, licences, and permits, except for the mineral claims set out in Appendix D-4.

52. On the effective date, British Columbia owns the submerged lands within the Category A Lands other than the submerged lands within the Category A Lands described in Appendix D-2 as former I.R. Nos. 24, 27, and 27A, and extensions, and those submerged lands are owned by the Nisg̱a'a Nation.

53. A parcel of Category A Lands ceases to be Category A Lands if no estate or interest in that parcel is owned by the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation or a Nisg̱a'a citizen.

54. If the Nisg̱a'a Nation disposes of the estate in fee simple in the Category A Lands described in Appendix D-2 as former I.R. No. 15 and extension, it will reserve to itself a blanket right of way for the purpose of providing road access across that parcel to adjacent lands. The Nisg̱a'a Nation will, on request of British Columbia, assign the benefit of the right of way over that portion of that parcel upon which the forest service road existing on the effective date is located, in accordance with the following:

a. any assignment will be on reasonable terms, including the location of the requested right of way area, its width considering the intended use, its effect on neighbouring lands and payment of fair compensation, but, notwithstanding subparagraph (

d) of the definition of "fair compensation", particular cultural values will not be included in the determination of fair compensation; and

b. if British Columbia and the Nisg̱a'a Nation are unable to agree on the terms of the assignment, including the reasonableness of the proposed terms or location of the requested right of way area, the terms of the assignment will be finally determined by arbitration under the Dispute Resolution Chapter, but the arbitrator will not have authority to require British Columbia to accept an assignment of the right of way.

Provincial Expropriation of Category A Lands

55. A provincial expropriating authority may expropriate an estate or interest in Category A Lands from the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation, or a Nisg̱a'a citizen under provincial legislation only if the expropriation is:

a. justifiable and necessary for a provincial public purpose;

b. of the smallest estate or interest necessary, and for the shortest time required, for that provincial public purpose;

c. by and for the use of a provincial ministry or agent of the provincial Crown; and

d. with the consent of the Lieutenant Governor in Council.

56. If a provincial expropriating authority expropriates less than the estate in fee simple in Category A Lands from the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation, or a Nisg̱a'a citizen, British Columbia will provide the owner of the interest expropriated with fair compensation.

57. If a provincial expropriating authority expropriates the estate in fee simple, including the mineral resources, in Category A Lands from the Nisg̱a'a Nation, a Nisg̱a'a Village, or a Nisg̱a'a Corporation, British Columbia will provide the owner of the estate in fee simple with:

a. equivalent Crown land if:

i. the owner and the Nisg̱a'a Nation request compensation in the form of equivalent Crown land, and

ii. equivalent Crown land is available; or

b. fair compensation if:

i. the owner and the Nisg̱a'a Nation do not request equivalent Crown land,

ii. equivalent Crown land is not available, or

iii. the owner, the Nisg̱a'a Nation, and British Columbia otherwise agree.

58. If a provincial expropriating authority expropriates the estate in fee simple, including the mineral resources, in Category A Lands from a Nisg̱a'a citizen, British Columbia will provide the owner of the estate in fee simple with fair compensation.

59. If a provincial expropriating authority expropriates the estate in fee simple, excluding any mineral resources, in Category A Lands under paragraph 55, the owner of the estate in fee simple and the Nisg̱a'a Nation may require British Columbia to include the mineral resources in the expropriation. If the owner and the Nisg̱a'a Nation require British Columbia to include the mineral resources in the expropriation, paragraph 57 applies to the expropriation.

60. Unless British Columbia and the Nisg̱a'a Nation otherwise agree, any lands provided by British Columbia to the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation, or a Nisg̱a'a citizen as compensation for an expropriation of an estate or interest in Category A Lands will become Category A Lands.

Category B Lands

61. Category B Lands are the parcels of land outside Nisg̱a'a Lands set out in Appendix D-6 and D-7.

62. On the effective date, the Nisg̱a'a Nation owns the estate in fee simple to Category B Lands.

63. The estate in fee simple to Category B Lands is subject to the conditions, provisos, restrictions, exceptions, and reservations set out in paragraph 50 (1) (

a) of the Land Act , except that set out in subparagraph 50 (1) (a) (

i) of the Land Act , but no estate or interest in Category B Lands can be expropriated from the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation, or a Nisg̱a'a citizen except as permitted by, and in accordance with, this Agreement.

64. On the effective date, subject to paragraph 65, the estate in fee simple to Category B Lands is free and clear of all estates, interests, charges, mineral claims, encumbrances, licences, and permits, except those set out in Appendix D-8.

65. On the effective date, British Columbia owns the submerged lands within the Category B Lands.

66. On the effective date, British Columbia owns the mineral resources on or under the Category B Lands that are reserved to the Crown under subparagraph 50 (1) (a) (ii) of the Land Act .

67. A parcel of Category B Land ceases to be Category B Lands if no estate or interest in that parcel is owned by the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation, or a Nisg̱a'a citizen.

Provincial Expropriation of Category B Lands

68. A provincial expropriating authority may expropriate the estate in fee simple or any interest in Category B Lands from the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation, or a Nisg̱a'a citizen under provincial legislation only if compensation is provided in accordance with paragraphs 69 to 72.

69. If a provincial expropriating authority expropriates less than the estate in fee simple in Category B Lands from the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation, or a Nisg̱a'a citizen, British Columbia will provide the owner of the interest expropriated with fair compensation.

70. If a provincial expropriating authority expropriates the estate in fee simple in Category B Lands from the Nisg̱a'a Nation, a Nisg̱a'a Village, or a Nisg̱a'a Corporation, British Columbia will provide the owner of the estate in fee simple with:

a. equivalent Crown land if:

i. the owner and the Nisg̱a'a Nation request compensation in the form of equivalent Crown land, and

ii. equivalent Crown land is available; or

b. fair compensation if:

i. the owner and the Nisg̱a'a Nation do not request equivalent Crown Land,

ii. equivalent Crown land is not available, or

iii. the owner, the Nisg̱a'a Nation and British Columbia otherwise agree.

71. If British Columbia expropriates the estate in fee simple in Category B Lands from a Nisg̱a'a citizen, British Columbia will provide the owner with fair compensation.

72. Unless British Columbia and the Nisg̱a'a Nation otherwise agree, any lands provided by British Columbia to the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation, or a Nisg̱a'a citizen as compensation for an expropriation of an estate or interest in Category B Lands will become Category B Lands.

FEDERAL ACQUISITION OF INTERESTS IN NISG̱A'A LANDS AND NISG̱A'A FEE SIMPLE LANDS

General

73. Canada acknowledges that it is of fundamental importance to maintain the size and integrity of Nisg̱a'a Lands and Nisg̱a'a Fee Simple Lands, and therefore, as a general principle, estates or interests in Nisg̱a'a Lands, or Nisg̱a'a Fee Simple Lands, will not be expropriated under federal legislation.

Governor in Council Consent

74. Notwithstanding paragraph 73, an estate or interest in a parcel of Nisg̱a'a Lands, or Nisg̱a'a Fee Simple Lands, may be expropriated under federal legislation if the Governor in Council consents to the expropriation.

75. The Governor in Council will consent to an expropriation of an estate or interest in a parcel of Nisg̱a'a Lands, or Nisg̱a'a Fee Simple Lands, only if the expropriation:

a. is justifiable and necessary for a federal public purpose; and

b. is of the smallest estate or interest necessary, and for the shortest time required, for that federal public purpose.

76. The Governor in Council will not consent to an expropriation of a parcel of Nisg̱a'a Lands, or Nisg̱a'a Fee Simple Lands, if other lands suitable for the federal public purpose are reasonably available.

77. Before the Governor in Council considers an expropriation of an estate or interest in a parcel of Nisg̱a'a Lands, or Nisg̱a'a Fee Simple Lands, it will ensure that Canada has:

a. consulted the Nisg̱a'a Nation;

b. ensured that reasonable efforts have been made to acquire the estate or interest through agreement with the owner of the estate or interest; and

c. provided the Nisg̱a'a Nation with all information relevant to the expropriation other than federal Cabinet documents.

78. If the Governor in Council consents to an expropriation, Canada will provide the Nisg̱a'a Nation with the reasons for the expropriation.

Effect of Expropriation

79. If an estate or interest in a parcel of Nisg̱a'a Lands is expropriated under paragraph 74, Nisg̱a'a laws continue to apply to that parcel of land except to the extent that those laws are inconsistent with the ability to use and occupy that land for the purpose for which that estate or interest was expropriated.

80. If less than the estate in fee simple as described in paragraph 3 in a parcel of Nisg̱a'a Lands is expropriated under paragraph 74, the owner of the estate in fee simple in that parcel of land may continue to use and occupy that land, except to the extent that the use or occupation is inconsistent with the purpose for which that estate or interest was expropriated.

81. If there is an expropriation under paragraph 74 of the estate in fee simple as described in paragraph 3 in a parcel of Nisg̱a'a Lands, or of the estate in fee simple in a parcel of Nisg̱a'a Fee Simple Lands, Canada will, at the request of Nisg̱a'a Lisims Government, ensure that reasonable efforts are made to acquire alternative land of equivalent significance and value to offer as part or all of the compensation for the expropriation. Any alternative land that is contiguous with Nisg̱a'a Lands may become Nisg̱a'a Lands in accordance with paragraph 9.

82. Canada will ensure that the owner of the estate or interest that is expropriated under paragraph 74 receives compensation, taking into account:

a. the cost of acquiring alternative land of equivalent significance and value;

b. the market value of the estate or interest that is expropriated;

c. the replacement value of any improvements on the land that is expropriated;

d. disturbance caused by the expropriation; and

e. if the owner of the estate or interest that is expropriated is the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation, or a Nisg̱a'a citizen, any adverse effect on any cultural or other special value of the land to the Nisg̱a'a Nation or a Nisg̱a'a Village.

83. If less than the estate in fee simple as described in paragraph 3 in a parcel of Nisg̱a'a Lands, or less than the estate in fee simple in a parcel of Nisg̱a'a Fee Simple Lands, has been expropriated under paragraph 74 but is no longer required for the purpose for which it was expropriated, Canada will ensure that the interest in those lands is transferred at no charge to the owner of the estate in fee simple. The terms of that transfer will be negotiated by the Nisg̱a'a Nation and Canada at the time of the expropriation.

84. If the estate in fee simple as described in paragraph 3 in a parcel of Nisg̱a'a L