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1998 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE GLEN CLARK

PREMIER

BILL 51 – 1998

NIS G A'A FINAL AGREEMENT ACT

Contents

Section

Definition

Treaty and land claims agreement

Nis g a'a Final Agreement

Authorization to sign the Nis g a'a Final Agreement

Nis g a'a Final Agreement binding and can be relied on

Nis g a'a Nation's ownership of lands

Harvest Agreement

Judicial or administrative proceedings

Power to make orders and regulations

Authorization to enter into agreements

11-69

Consequential Amendments

Commencement

Schedule

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 Nis g a'a Nation, Canada and British Columbia have negotiated the

Nis g a'a Final Agreement to achieve this reconciliation, and to establish a new

relationship among them;

AND

WHEREAS the Nis g a'a Final Agreement requires that British Columbia enact

settlement legislation to give effect to the Nis g a'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

1 In this Act, "Nis g a'a Final Agreement"

means the Nis g a'a Final Agreement among the Nis g a'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

(

a) that agreement as it is given effect by

an Act of Canada, and

(

b) amendments made in accordance with that agreement.

Treaty and land claims agreement

2 The Nis g a'a Final Agreement is a treaty and a land

claims agreement within the meaning of sections 25 and 35 of the Constitution Act,

Nis g a'a Final Agreement

(1) The Nis g a'a Final Agreement is approved,

given effect, declared valid and has the force of law.

(2) Without limiting subsection (1), a person or body has the

powers, rights, privileges and benefits conferred on the person or body by the Nis g a'a

Final Agreement and must perform the duties and is subject to the liabilities imposed on

the person or body by the Nis g a'a Final Agreement.

(3) Nothing in this Act that makes provision for a matter that is

already provided for in the Nis g a'a Final Agreement in any way limits this section.

Authorization to sign the Nis g a'a Final

Agreement

4 The Lieutenant Governor in Council may authorize a member of

the Executive Council to sign the Nis g a'a Final Agreement.

Nis g a'a Final Agreement binding and can be

relied on

5 The Nis g a'a Final Agreement is binding on, and can be

relied on by, all persons.

Nis g a'a Nation's ownership of lands

(1) In this section:

"Category A Lands" has the same meaning as in the

Nis g a'a Final Agreement;

"Category B Lands" has the same meaning as in the

Nis g a'a Final Agreement;

"Nis g a'a Lands" has the same meaning as in

the Nis g a'a Final Agreement.

(2) The Nis g a'a Nation owns the estate in fee simple, as set

out in the Lands

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

(

a) the Nis g a'a Lands identified in paragraphs 1 and 2 of the

Lands

Chapter of the Nis g a'a Final Agreement;

(

b) Category A Lands and Category B Lands.

Harvest Agreement

(1) 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 Nis g a'a Final

Agreement.

(2) The Harvest Agreement does not form part of the Nis g a'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

(1) If, in any judicial or administrative

proceeding, an issue arises in respect of

(

a) the

interpretation or validity of the Nis g a'a Final

Agreement, or

(

b) the validity or applicability of any settlement legislation or

any Nis g a'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 Nis g a'a Lisims Government.

(2) The notice required under subsection (1) must

(

a) describe the judicial or administrative proceeding in which the

issue arises,

(

b) state whether the issue arises in respect of the matters referred

to in subsection (1) (

a) or (

b) or both,

(

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

(

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

(

e) be served at least 14 days before the day of argument unless the

court or tribunal authorizes a shorter notice.

(3) In any judicial or administrative proceeding to which subsection

(1) applies, the Attorney General of British Columbia, the Attorney General of Canada and

the Nis g a'a Lisims Government may appear and participate in the proceeding as

parties with the same rights as any other party to the proceeding.

(4) The Judicial Review Procedure Act applies to an

application for judicial review under the following provisions of the Nis g a'a Final

Agreement as if the decision under review were made pursuant to a statutory power of

decision as defined in that Act:

(

a) paragraph 17 of the Nis g a'a Government Chapter;

(

b) paragraph 26 of the Eligibility and Enrolment Chapter.

(5) In this section, "Nis g a'a law", "Nis g a'a

Lisims Government" and "settlement legislation" have the same

meanings as in the Nis g a'a Final Agreement.

Power to make orders and regulations

9 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 Nis g a'a Final Agreement.

Authorization to enter into agreements

(1) 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 Nis g a'a

Final Agreement.

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

to in

section 7 or to agreements referred to in

section 87.1 of the Environmental

Assessment Act.

Consequential Amendments

Adoption Act

Section 1 of the Adoption Act, R.S.B.C. 1996, c. 5, is

amended

(

a) in the definition of "aboriginal child"

by adding the following paragraph:

(b.1) who is a Nis g a'a child; ,

(

b) in the definition of "designated

representative" by striking out "in relation to an Indian band

or" and substituting "in relation to the Nis g a'a Lisims

Government, an Indian band or" , and

(

c) by adding the following

definitions:

"Nis g a'a child" has the same meaning as in

the Nis g a'a Final Agreement;

"Nis g a'a Final Agreement" has the same

meaning as in the Nis g a'a Final Agreement Act ;

"Nis g a'a Lisims Government" has the same

meaning as in the Nis g a'a Final Agreement;

"Nis g a'a Nation" has the same meaning as in

the Nis g a'a Final Agreement;

"Nis g a'a Village" has the same meaning as in

the Nis g a'a Final Agreement; .

Section 7 (1) is amended

(

a) by adding the following paragraph:

(a.1) if the child is a Nis g a'a child, with a designated

representative of the Nis g a'a Lisims Government; , and

(

b) in paragraph (

b) by striking out "if the

child is not registered" and substituting "if the child is not a

Nis g a'a child and is not registered" .

Section 62 (1) is amended by adding the following paragraph:

(

c) the location of the Nis g a'a Lisims Government, if the

child is a Nis g a'a child.

Section 62 (2) is amended by adding the following paragraph:

(a.1) if the child is a Nis g a'a child, by a designated

representative of the Nis g a'a Lisims Government; .

Section 76 is amended by adding the following paragraph:

(a.1) the Nis g a'a Nation or a Nis g a'a Village; .

Section 91 (2) (

b) is amended by striking out

"Indian bands and aboriginal communities;" and substituting

"the Nis g a'a Lisims Government, Indian bands and aboriginal communities;" .

Child, Family and Community Service Act

Section 1 of the Child, Family and Community Service Act,

R.S.B.C. 1996, c. 46, is amended

(

a) in the definition of "aboriginal child"

by adding the following paragraph:

(b.1) who is a Nis g a'a child; ,

(

b) in the definition of "designated

representative" by striking out "in relation to an Indian band

or" and substituting "in relation to the Nis g a'a Lisims

Government, an Indian band or" , and

(

c) by adding the following

definitions:

"Nis g a'a child" has the same meaning as in

the Nis g a'a Final Agreement;

"Nis g a'a Final Agreement" has the same

meaning as in the Nis g a'a Final Agreement Act;

"Nis g a'a Lisims Government" has the same

meaning as in the Nis g a'a Final Agreement;

"Nis g a'a Nation" has the same meaning as in

the Nis g a'a Final Agreement;

"Nis g a'a Village" has the same meaning as in

the Nis g a'a Final Agreement; .

Section 33.1 (4) is amended

(

a) in paragraph (

c) by striking out "aboriginal

child." and substituting "aboriginal child, other than a Nis g a'a

child;" , and

(

b) by adding the following paragraph:

(

d) the Nis g a'a Lisims Government, if the child is a Nis g a'a

child.

Section 34 (3) is amended

(

a) in paragraph (

d) by striking out "aboriginal

child." and substituting "aboriginal child, other than a Nis g a'a

child;" , and

(

b) by adding the following paragraph:

(

e) the Nis g a'a Lisims Government, if the child is a Nis g a'a

child.

Section 38 (1) is amended

(

a) by adding the following paragraph:

(c.1) if the child is a Nis g a'a child, on a designated

representative of the Nis g a'a Lisims Government; , and

(

b) in paragraph (

d) by striking out "if the

child is not registered" and substituting "if the child is not a

Nis g a'a child and is not registered" .

Section 39 (1) is amended

(

a) in paragraph (

c) by striking out "aboriginal

child" and substituting "aboriginal child, other than a Nis g a'a

child" , and

(

b) by adding the following paragraph:

(

d) if the child is a Nis g a'a child, the Nis g a'a Lisims

Government.

Section 42.1 is amended

(

a) in subsection (3) (

c) by striking out "section

34 (b), (

c) and (d)." and substituting "section 34 (3) (b), (c),

(

d) and (e)." , and

(

b) in subsection (4) by striking out "section

34 (b), (

c) or (d)" and substituting "section 34 (3) (b), (c), (

d) or (e)" .

Section 49 (2) is amended

(

a) by adding the following paragraph:

(c.1) if the child is a Nis g a'a child, on a designated

representative of the Nis g a'a Lisims Government; , and

(

b) in paragraph (

d) by striking out "if the

child is not registered" and substituting "if the child is not a

Nis g a'a child and is not registered" .

Section 55 (3) (c) (

i) is amended by striking out "section

34 (3) (

b) and (d)" and substituting "section 34 (3) (b), (

d) and

(e)" .

Section 60 (1) (

e) is amended by striking out "section

38 (1) (

c) or (d)" and substituting "section 38 (1) (c), (c.1) or

(d)" .

Section 90 is amended by adding the following paragraph:

(a.1) the Nis g a'a Nation or a Nis g a'a Village; .

Section 93 (1) (g) (iii) is amended by striking out "with

an Indian band or" and substituting "with the Nis g a'a

Nation, a Nis g a'a Village, an Indian band or" .

Section 103 (2) (

g) is amended by striking out "Indian

bands and aboriginal communities" and substituting "the Nis g a'a

Lisims Government, Indian bands and aboriginal communities" .

Section 107 (6) is amended by striking out "section

49 (2) (

c) or (d)" and substituting "section 49 (2) (c), (c.1) or

(d)" .

Environmental Assessment Act

Section 22 (

g) of the Environmental Assessment Act, R.S.B.C.

1996, c. 119, is amended by striking out "aboriginal rights," and

substituting "aboriginal and treaty rights under

section 35 of the Constitution

Act, 1982, " .

31 The following

section is added to Division 2 of

Part 7:

Agreements with the Nis g a'a Nation

87.1 The minister may enter into agreements for the purposes

set out in paragraph 1 of the Environmental Assessment and Protection

Chapter of the Nis g a'a

Final Agreement, as defined in the Nis g a'a Final Agreement Act.

Estate Administration Act

Section 1 of the Estate Administration Act, R.S.B.C. 1996,

c. 122, is amended by adding the following

definitions:

"cultural property" has the same meaning as in

paragraph 115 of the Nis g a'a Government

Chapter of the Nis g a'a Final

Agreement;

"Nis g a'a citizen" has the same meaning as in

the Nis g a'a Final Agreement;

"Nis g a'a Final Agreement" has the same

meaning as in the Nis g a'a Final Agreement Act ;

"Nis g a'a law" has the same meaning as in the

Nis g a'a Final Agreement;

"Nis g a'a Lisims Government" has the same

meaning as in the Nis g a'a Final Agreement; .

33 The following

section is added to

Part 2:

Will or cultural property of Nis g a'a citizen

2.1

(1) In any judicial proceeding under this Act

in which the validity of a will of a Nis g a'a citizen, or the devolution of the

cultural property of a Nis g a'a citizen, is at issue, the Nis g a'a Lisims

Government has standing in the proceeding as provided in paragraph 117 of the Nis g a'a

Government

Chapter of the Nis g a'a Final Agreement.

(2) In a proceeding to which subsection (1) applies, the court must

consider, among other matters, any evidence or representations in respect of Nis g a'a

laws and customs dealing with the devolution of cultural property as provided in paragraph

119 of the Nis g a'a Government

Chapter of the Nis g a'a Final Agreement.

(3) As provided in paragraph 120 of the Nis g a'a Government

Chapter of the Nis g a'a Final Agreement, the participation of the Nis g a'a

Lisims Government in a proceeding to which subsection (1) applies must be in accordance

with the applicable Rules of Court and does not affect the court's ability to control its

process.

Section 112 is amended

(

a) by adding the following subsection:

(1.1) A court must not grant or reseal probate or letters of

administration in respect of the property of a Nis g a'a citizen, unless the

applicant or the applicant's solicitor certifies that he or she has

(

a) mailed or delivered a notice to the Nis g a'a Lisims

Government, and

(

b) if there is a will and the Nis g a'a Lisims Government has

requested a copy of it within 30 days of receiving the notice under paragraph (a), mailed

or delivered a copy of the will to the Nis g a'a Lisims Government. ,

(

b) in subsection (6) by striking out "The

notice under subsection (1)" and substituting "The notice under

subsection (1) or (1.1)" , and

(

c) in subsection (7) by striking out "The

notice under subsection (1)" and substituting "The notice under

subsection (1) or (1.1)" .

Expropriation Act

Section 2 of the Expropriation Act, R.S.B.C. 1996, c. 125,

is amended by adding the following subsection:

(1.1) Despite subsection (1), if there is an inconsistency between

any of the provisions of this Act and the Nis g a'a Final Agreement, as defined in

the Nis g a'a Final Agreement Act , the Nis g a'a Final Agreement applies.

Family Relations Act

Section 1 (1) of the Family Relations Act, R.S.B.C. 1996, c.

128, is amended by adding the following

definitions:

"Nis g a'a child" has the same meaning as in

the Nis g a'a Final Agreement;

"Nis g a'a Final Agreement" has the same

meaning as in the Nis g a'a Final Agreement Act ;

"Nis g a'a law" has the same meaning as in the

Nis g a'a Final Agreement;

"Nis g a'a Lisims Government" has the same

meaning as in the Nis g a'a Final Agreement; .

37 The following

section is added:

Guardianship or custody of Nis g a'a child

22.1

(1) If an application is made to a court under

this Part or

Part 3 in respect of the guardianship or custody of a Nis g a'a child

(

a) the Nis g a'a Lisims Government must be served with notice

of the proceeding, and

(

b) the Nis g a'a Lisims Government has standing in the

proceeding as provided in paragraph 94 of the Nis g a'a Government

Chapter of the Nis g a'a

Final Agreement.

(2) In a proceeding to which subsection (1) applies, the court must

consider, in addition to any other matters it is required by law to consider, any evidence

or representations in respect of Nis g a'a laws and customs as provided in

paragraph 94 of the Nis g a'a Government

Chapter of the Nis g a'a Final

Agreement.

(3) As provided in paragraph 95 of the Nis g a'a Government

Chapter of the Nis g a'a Final Agreement, the participation of the Nis g a'a

Lisims Government in a proceeding to which subsection (1) applies must be in accordance

with the applicable Rules of Court and does not affect the court's ability to control its

process.

Financial Administration Act

38 The Financial Administration Act, R.S.B.C. 1996, c. 138, is

amended by adding the following section:

Nis g a'a remission

19.1

(1) In this section:

"effective date" means the date on which the Nis g a'a

Final Agreement takes effect;

"former reserve lands" means lands that are

(

a) described in paragraph 2 (

b) of the Lands

Chapter of the Nis g a'a

Final Agreement, and

(

b) within Nis g a'a Lands;

"Indian" has the same meaning as in

section 2 (1)

of the Indian Act (Canada);

"Nis g a'a Final Agreement" has the same

meaning as in the Nis g a'a Final Agreement Act ;

"Nis g a'a Lands" has the same meaning as in

the Nis g a'a Final Agreement.

(2) Subject to subsection (5), remission is granted, for the

applicable periods under subsection (3) or (4), on provincial tax imposed or levied in

respect of

(

a) the estate or interest of an Indian in former reserve lands,

(

b) the personal property of an Indian situated on former reserve

lands, and

(

c) an Indian's ownership, occupation, possession or use of any

property referred to in paragraph (

a) or (b).

(3) Remission under subsection (2) is granted, for the period

beginning on the effective date and ending immediately before the first day of the first

month that starts after the 8th anniversary of the effective date, on any tax imposed or

levied under any of the following:

(

a) the Hotel Room Tax Act ;

(

b) section 4 of the Insurance Premium Tax Act ;

(

c) the Motor Fuel Tax Act ;

(

d) the Property Transfer Tax Act ;

(

e) the Social Service Tax Act ;

(

f) the Tobacco Tax Act .

(4) Remission under subsection (2) is granted, for the period

beginning on the effective date and ending immediately before the first day of the first

calendar year that starts on or after the 12th anniversary of the effective date, on any

other tax imposed or levied under

an Act.

(5) Remission under this

section is granted only if the property

referred to in subsection (2) (

a) or (b), or the Indian in respect of the ownership,

occupation, possession or use of the property referred to in subsection (2) (

a) or (b),

would, but for the Nis g a'a Final Agreement, be exempt from taxation by reason of

the applicability of

section 87 of the Indian Act (Canada).

(6) Money required to be paid by the government under this

section

may be paid out of the consolidated revenue fund.

Forest Practices Code of British Columbia Act

39 The Forest Practices Code of British Columbia Act, R.S.B.C.

1996, c. 159, is amended by adding the following

section to

Part 1:

Nis g a'a Final Agreement

1.1

(1) In this section, "Nis g a'a

Final Agreement" has the same meaning as in the Nis g a'a Final Agreement

Act.

(2) Forest development plans required under the Forest Resources

Chapter and Appendix H of the Nis g a'a Final Agreement by the holder of a licence

referred to in paragraph 5 (

b) of that

chapter are deemed to be forest development plans

under this Act and the regulations.

(3) Silviculture prescriptions required under the Forest Resources

Chapter and Appendix H of the Nis g a'a Final Agreement by

(

a) the holder of a licence referred to in paragraph 5 (

b) of that

chapter, or

(

b) the district manager

are deemed to be silviculture prescriptions under this Act

and the regulations.

Income Tax Act

Section 3 of the Income Tax Act, R.S.B.C. 1996, c. 215, is

amended

(

a) by adding "and additions" after

"deductions" , and

(

b) by striking out "19," and

substituting "19 (1) and (3), 19 (7)," .

Section 19 is amended

(

a) in subsections (2) and (4) by striking out "subsections

(1) and (3)" and substituting "subsections (1), (3) and (7)" ,

and

(

b) by adding the following subsections:

(6) In subsection (7):

"Nis g a'a Final Agreement" has the same

meaning as in the Nis g a'a Final Agreement Act ;

"Nis g a'a Lands" has the same meaning as in

the Nis g a'a Final Agreement;

"Nis g a'a Lisims Government" has the same

meaning as in the Nis g a'a Final Agreement.

(7) There must be deducted from the tax otherwise payable by the

taxpayer under this Part for a taxation year the amount, if any, by which

(

a) the tax otherwise payable for the year by the taxpayer under this

Part

exceeds

(

b) the tax that would be payable for the year under this

Part if the

taxpayer's taxable income under this Part for the year were reduced by the amounts paid or

payable in the year by the taxpayer to the Nis g a'a Lisims Government under

paragraph 20 of the Lands

Chapter of the Nis g a'a Final Agreement as royalties in

respect of mineral resources on or under Nis g a'a Lands.

(8) A taxpayer must not make a deduction under subsection (7) in

respect of any portion of the royalties referred to in paragraph (

b) of that subsection if

the taxpayer has otherwise deducted that portion from taxable income for a taxation year.

Interpretation Act

42 The

Schedule to the

Interpretation Act, R.S.B.C. 1996, c.

238, is amended by striking out "thence easterly along the northerly boundary

of said lot to the northeast corner thereof; thence southerly along the westerly boundary

of Indian Reserve No. 1 (Aiyansh) to the most southerly corner thereof, being a point on

the right bank of Nass River;" and substituting "thence easterly

along the northerly boundary of said lot to the most westerly northwest corner of former

Aiyansh (Kitladamas) Indian Reserve No. 1; thence southerly along the westerly boundary of

former Aiyansh (Kitladamas) Indian Reserve No. 1 to the most southerly corner thereof,

being a point on the right bank of Nass River;" .

Land Act

Section 73 of the Land Act, R.S.B.C. 1996, c. 245, is

amended by renumbering the

section as subsection (1) and adding the following subsection:

(2) Without limiting subsection (1), the Surveyor General may make

regulations necessary or advisable for surveys conducted for the purposes of the Nis g a'a

Final Agreement as defined in the Nis g a'a Final Agreement Act.

Land Title Act

Section 1 of the Land Title Act, R.S.B.C. 1996, c. 250, is

amended

(

a) in the definition of "approving officer"

by striking out "or" at the end of paragraph (c), by adding "or"

at the end of paragraph (

d) and by adding the following paragraph:

(

e) the Nis g a'a approving officer under

section 77.3; ,

(

b) by repealing the definition of "encumbrance"

and substituting the following:

"encumbrance" includes

(

a) a judgment, mortgage, lien, Crown debt or other claim to or on

land created or given for any purpose, whether by the act of the parties or any Act or

law, and whether voluntary or involuntary, and

(

b) in respect of Nis g a'a Lands, a judgment, mortgage, lien,

debt owed to the Nis g a'a Nation or a Nis g a'a Village or other claim to or on

Nis g a'a Lands created or given for any purpose by any Nis g a'a law, and

whether voluntary or involuntary; , and

(

c) by adding the following

definitions:

"Category A Lands" has the same meaning as in the

Nis g a'a Final Agreement;

"Category B Lands" has the same meaning as in the

Nis g a'a Final Agreement;

"Nis g a'a certificate" means a certificate of

the Nis g a'a Lisims Government referred to in paragraph 7 (

b) of the Land Title

Chapter of the Nis g a'a Final Agreement;

"Nis g a'a Corporation" has the same meaning

as in the Nis g a'a Final Agreement;

"Nis g a'a Final Agreement" has the same

meaning as in the Nis g a'a Final Agreement Act ;

"Nis g a'a Lands" means those Nis g a'a

Lands, as defined in the Nis g a'a Final Agreement, to which this Act applies under

the Nis g a'a Final Agreement;

"Nis g a'a law" has the same meaning as in the

Nis g a'a Final Agreement;

"Nis g a'a Lisims Government" has the same

meaning as in the Nis g a'a Final Agreement;

"Nis g a'a Nation" has the same meaning as in

the Nis g a'a Final Agreement;

"Nis g a'a road" has the same meaning as in

the Nis g a'a Final Agreement;

"Nis g a'a Village" has the same meaning as in

the Nis g a'a Final Agreement;

"Nis g a'a Village Government" has the same

meaning as in the Nis g a'a Final Agreement;

"Nis g a'a Village Lands" has the same meaning

as in the Nis g a'a Final Agreement; .

Section 76 (4) is amended by adding "or is the

Nis g a'a approving officer appointed under

section 77.3," after "section

77 or 77.1" .

46 The following

section is added:

Nis g a'a approving officer

77.3

(1) The Nis g a'a Lisims Government must

appoint an approving officer for Nis g a'a Lands.

(2) The approving officer appointed under subsection (1) must be

(

a) an official or employee of the Nis g a'a Lisims Government,

(

b) a person who is under contract with the Nis g a'a Lisims

Government.

(3) The approving officer appointed under subsection (1) may

exercise his or her powers in relation to all Nis g a'a Lands, including Nis g a'a

Village Lands.

(4) Sections 77.1 and 77.2 do not apply to Nis g a'a Lands.

47 The following

Part is added:

Part 24.1 - Nis g a'a Lands and Categories A and B Lands

Division 1 - Treatment of Nis g a'a Lands and Institutions

Effect of indefeasible title to Nis g a'a Lands

373.2

(1) An indefeasible title to a parcel of Nis g a'a

Lands, as long as it remains in force and uncancelled, is conclusive evidence at law and

in equity, as against the Crown and all other persons, that the person named in the title

is indefeasibly entitled to an estate in fee simple to the land described in the

indefeasible title, subject to the following:

(

a) the subsisting conditions, provisos, restrictions, exceptions and

reservations, including royalties, set out in the Nis g a'a certificate that relates

to that parcel;

(

b) a charge, tax, rate or assessment of the Nis g a'a Nation at

the date of the application for registration imposed or made a lien or that may after that

date be imposed or made a lien on the parcel of land;

(

c) a charge, rate or assessment of a Nis g a'a Village at the

date of the application for registration imposed or that may after that date be imposed on

the parcel of land, or which had before that date been imposed for local improvements or

otherwise and that was not then due and payable;

(

d) a right of expropriation under a Nis g a'a law.

(2) The matters to which an indefeasible title to a parcel of Nis g a'a

Lands is subject under subsection (1) are in addition to any other matters to which that

title is subject under

section 23 (2), as that

section applies to that parcel under the

Nis g a'a Final Agreement.

Assignment of distinguishing letter by registrar

373.21 If a letter is assigned or an indefeasible title is

registered under

section 66 in respect of a parcel of Nis g a'a Lands, the duty of

the registrar under

section 66 (5) to advise the taxing authority includes the duty to

advise the Nis g a'a Lisims Government.

Requirements as to subdivision in respect of Nis g a'a Lands

373.22

(1) In applying

section 75 (1) (

c) or (

d) to

Nis g a'a Lands, the reference to "rural area" must be read as a reference

to Nis g a'a Lands other than Nis g a'a Village Lands.

(2) The approving officer, in considering the sufficiency of a

highway shown on a plan with respect to Nis g a'a Lands, has the same duty to

consider the matters set out in

section 75 (3) as the approving officer has under that

section with respect to other lands.

Controlled access highways

373.23

Section 80 (

b) does not apply to Nis g a'a Lands.

Tender of plan for examination and approval

373.3

(1) Section 83 does not apply to Nis g a'a

Lands.

(2) A subdivision plan in respect of a parcel of Nis g a'a

Lands must be tendered for examination and approval by the approving officer as follows:

(

a) if the land affected is within Nis g a'a Lands, other than

Nis g a'a Village Lands, to the chief administrative officer of the Nis g a'a

Lisims Government;

(

b) if the land affected is within Nis g a'a Village Lands, to

the chief administrative officer of the applicable Nis g a'a Village Government.

(3) The subdivision plan must be accompanied by the following:

(

a) the applicable fees established under Nis g a'a law;

(

b) a certificate

(

i) that all taxes assessed on the subdivided land have been paid,

and

(ii) if local improvement taxes, rates or assessments are payable

by installments, that all installments owing at the date of the certificate have been

paid;

(

c) if the approving officer considers that there is reason to

anticipate that the land may be resubdivided and requires this information, a sketch

showing that the parcels into which the land is subdivided can conveniently be further

subdivided into smaller parcels;

(

d) if the approving officer requires this information, profiles of

every new highway shown on the plan and such necessary topographical details as may

indicate engineering problems to be dealt with in opening up the highways, including

environmental impact or planning studies.

Matters to be considered by approving officer on application for

approval

373.31

(1) The approving officer may refuse to

approve a subdivision plan in respect of a parcel of Nis g a'a Lands if the cost to

the Nis g a'a Nation or the applicable Nis g a'a Village of providing public

utilities or other works or services would be excessive.

(2) The matters for which the approving officer may refuse to

approve a subdivision plan in respect of a parcel of Nis g a'a Lands under subsection

(1) are in addition to any other matters for which the approving officer may refuse

approval under

section 86 (1) (c), as that

section applies to that parcel under the Nis g a'a

Final Agreement.

Matters to be considered in respect of land within Nis g a'a

Lands

373.32

(1) Section 87 does not apply to Nis g a'a

Lands.

(2) Without limiting

section 85 (3), in considering an application

for subdivision approval in respect of a parcel of Nis g a'a Lands, the approving

officer may refuse to approve the subdivision if the approving officer considers that the

subdivision does not conform to Nis g a'a law.

Acceptable descriptions of land

373.33

(1) The registrar may, in respect of a

parcel of Nis g a'a Lands, accept a description referred to in

section 99 (1) (

a) or

a plan referred to in

section 99 (1) (

b) if the parcel

(

a) is being transferred to the Nis g a'a Nation or a Nis g a'a

Village for highway purposes, or

(

b) is being transferred, leased or donated for public purposes to

the Nis g a'a Nation or to a Nis g a'a Village.

(2) The cases in which the registrar may accept the description or

plan referred to in subsection (1) are in addition to the cases in which the registrar may

accept the description or plan under

section 99 (1), as that

section applies to a parcel

of Nis g a'a Lands under the Nis g a'a Final Agreement.

Dedication by reference or explanatory plan

373.4

(1) The Nis g a'a Nation or a Nis g a'a

Village has the same power to deposit a reference plan as the Crown has under

section 102.

(2) The reference plan or explanatory plan need not be signed under

section 102 (3) but must be signed by the approving officer appointed under

section 77.3.

(3) The deposit of the plan by the registrar operates as a

dedication by the Nis g a'a Nation or the applicable Nis g a'a Village to the

public of the land shown on the plan as a highway.

(4) Section 102 (2) and (5) applies to the deposit of a plan under

this section.

Dedication and vesting

373.41 (1)

Section 107 (1) does not apply in

respect of a parcel of Nis g a'a Lands.

(2) Despite subsection (1), the deposit of a subdivision, reference

or explanatory plan showing a portion of Nis g a'a Lands as covered by water and as

lying immediately adjacent to a lake, river, stream or other body of water not within land

covered by the plan, and designated on the plan to be returned to the government, operates

in the manner set out in

section 107 (1) (

c) to (e).

(3) The deposit of a subdivision, reference or explanatory plan

showing a portion of Nis g a'a Lands as a highway, park or public square, that is not

designated on the plan to be of a private nature, operates

(

a) as an immediate and conclusive dedication by the owner to the

public of that portion of the land shown as a highway, park or public square for the

purpose indicated on or to be inferred from the words or markings on the plan,

(

b) to vest in the Nis g a'a Nation or the applicable Nis g a'a

Village, subject to any Nis g a'a law, title to the highway, park or public square,

except any mineral resources, as defined in the Nis g a'a Final Agreement, that are

registered in the name of a person other than the owner, and

(

c) to extinguish the owner's common law property, if any, in that

portion of Nis g a'a Lands.

Designation of plans in respect of submerged lands

373.42

Section 108 (1) applies to Nis g a'a Lands only

if the land designated on the plan referred to in that

section is submerged lands within

the meaning of the Nis g a'a Final Agreement.

Amendment of deposited plan in certain cases

373.43 The registrar has the same powers and duties in

respect of a portion of a parcel of Nis g a'a Lands shown on a plan of subdivision as

having been acquired by the Nis g a'a Nation or a Nis g a'a Village for, or as

having been dedicated as, a highway, park or public square as the registrar has under

section 110 in respect of land so acquired by, or dedicated to, the government or a

municipality.

Deposit of statutory right of way plan

373.44 (1)

Section 115 (1) and (2) does not apply

to Nis g a'a Lands.

(2) The Nis g a'a Nation or a Nis g a'a Village may apply

to the registrar to deposit a statutory right of way plan in respect of land acquired for

a highway, and the registrar, if satisfied that the application and plan are in order,

must assign to the plan a serial deposit number.

(3) Concurrently with or following the deposit of the statutory

right of way plan, the chief administrative officer of the Nis g a'a Nation or the

Nis g a'a Village may file with the registrar a certificate in the prescribed form

certifying that all or part of the land in the statutory right of way plan has been

established as a highway and the title vested in the Nis g a'a Nation or the Nis g a'a

Village in compliance with Nis g a'a law.

(4) Section 115 (3) to (5) applies to the deposit of a statutory

right of way plan under this section.

(5) If there is a statutory right of way through unsurveyed Nis g a'a

Lands owned by the Nis g a'a Nation or a Nis g a'a Village, it is acceptable to

the registrar if a sufficient number of angular and linear measurements are shown on the

statutory right of way plan to define the limits of the land affected by the statutory

right of way.

Nis g a'a law to be filed if closing road or public square

373.5

(1) A law made by the Nis g a'a Lisims

Government for closing a Nis g a'a road or public square that is not within Nis g a'a

Village Lands must be filed in the land title office.

(2) A law made by a Nis g a'a Village Government for closing a

Nis g a'a road or public square that is within Nis g a'a Village Lands must be

filed in the land title office.

(3) In the case of the closing of a Nis g a'a road or public

square by the Nis g a'a Lisims Government or a Nis g a'a Village Government, the

registrar may accept a reference plan, or an explanatory plan, or a description by apt

descriptive words.

Definitions for applying

Part 8

373.51 The following

definitions are for the purposes of

applying

Part 8 to Nis g a'a Lands:

"local authority" means

(

a) in relation to Nis g a'a Lands other than Nis g a'a

Village Lands, the Nis g a'a Lisims Government, and

(

b) in relation to Nis g a'a Village Lands, the applicable Nis g a'a

Village Government;

"municipality" means Nis g a'a Village Lands;

"regional district" means Nis g a'a Lands

other than Nis g a'a Village Lands.

Cancellation of plans

373.52

(1) In applying

section 124 in respect of

Nis g a'a Lands

(

a) the reference to applicable subdivision and zoning bylaws in

section 124 (1) (b) (

i) must be read as a reference to the applicable Nis g a'a laws

relating to subdivision and zoning,

(

b) the petitioner must file the report required under

section 124

(2) only if any part of the public area affected by the petition is a secondary provincial

road as defined in the Nis g a'a Final Agreement, and

(

c) the petitioner must request a report under

section 124 (3) (

b) only if any part of the public area affected by the petition is a secondary provincial

road as defined in the Nis g a'a Final Agreement.

(2) In applying

section 125 (2) in respect of a plan of Nis g a'a

Lands, the petitioner referred to in that

section

(

a) must serve a copy of the petition and a notice of the hearing on,

(

i) if the land affected by the petition is Nis g a'a Lands,

other than Nis g a'a Village Lands, the chief administrative officer of the Nis g a'a

Lisims Government, and

(ii) if the land affected by the petition is Nis g a'a

Village Lands, the chief administrative officer of the applicable Nis g a'a Village

Government,

(

b) need not comply with

section 125 (2) (

c) and (

d) unless the

petition relates to a secondary provincial road, as defined in the Nis g a'a Final

Agreement, and

(

c) need not comply with

section 125 (2) (e).

(3) The requirement to serve under subsection (2) of this

section is

in addition to any other requirement under

section 125 (2) as that

section applies under

the Nis g a'a Final Agreement.

(4) In applying

section 126 (

b) in respect of a plan of Nis g a'a

Lands, the petitioner referred to in that

section must post the petition and any other

documents, for 4 consecutive weeks before the date set for hearing, at one or more of the

following places:

(

a) if the land affected by the petition is Nis g a'a Lands

other than Nis g a'a Village Lands, the principal administration building of the Nis g a'a

Lisims Government on Nis g a'a Lands;

(

b) if the land affected by the petition is Nis g a'a Village

Lands, the principal administration building of the applicable Nis g a'a Village

Government on Nis g a'a Village Lands.

(5) Section 131 (1) (

c) and (

e) does not apply to Nis g a'a

Lands.

(6) In applying

section 133 to Nis g a'a Lands

(

a) the Nis g a'a Nation has the same power to oppose the

cancellation or alteration of the boundaries of all or part of a public area that is a Nis g a'a

road as the Minister of Transportation and Highways has in respect of all or part of a

public area that is an arterial highway, and

(

b) the Minister of Transportation and Highways may oppose the

cancellation or alteration of boundaries of all or part of a public area, only if that

public area is a secondary provincial road as defined in the Nis g a'a Final

Agreement and is an arterial highway.

(7) In applying

section 137 to Nis g a'a Lands, the registrar

has the same power under

section 137 (1) (

a) to cancel the lines dividing 2 or more

contiguous parcels owned by the Nis g a'a Nation or a Nis g a'a Village as the

registrar has in respect of 2 or more parcels owned by the Crown.

Air space

373.53

(1) Section 142 does not apply in respect of

Nis g a'a Lands.

(2) If the title to all or part of a highway is vested solely in the

Nis g a'a Nation or a Nis g a'a Village, the chief administrative officer of the

Nis g a'a Nation or Nis g a'a Village, as the case may be, may apply to register

the title to all or part of the highway in the Nis g a'a Nation or Nis g a'a

Village, and, on registration, the Nis g a'a Nation or Nis g a'a Village may

create air space parcels and deal with them in accordance with this Act.

(3) If the title to all or part of a highway is vested solely in the

Nis g a'a Nation or a Nis g a'a Village, the Nis g a'a Lisims Government or

the Nis g a'a Village Government, as the case may be, may, by Nis g a'a law,

authorize an application to be made for the registration of the Nis g a'a Nation's or

Nis g a'a Village's title to all or part of the highway and, on registration, the Nis g a'a

Nation or Nis g a'a Village may create air space parcels and deal with them under

this Act.

(4) For the purpose of this section, an indefeasible title may be

registered for all or part of a highway.

Rights of owner of surface

373.6

Section 179 (2) does not apply in respect of Nis g a'a

Lands.

Registration of debt owing to Nis g a'a Nation or Nis g a'a

Village

373.61 There may be registered, in the same manner as a

charge is registered, a debt owing to the Nis g a'a Nation or a Nis g a'a

Village against the land of a debtor to either of them, but no debt owing to either of

them affects the land of the debtor unless it is registered.

Statutory right of way

373.62 A person has the same power to create a statutory

right of way in respect of Nis g a'a Lands under

section 218 in favour of

(

a) the Nis g a'a Nation as the person has in respect of the

Crown under

section 218 (1) (a),

(

b) a Nis g a'a Corporation as the person has in respect of a

Crown corporation under

section 218 (1) (a), and

(

c) a Nis g a'a Village as the person has in respect of a

municipality under

section 218 (1) (b).

Registration of covenant as to use and alienation

373.63 A covenant in respect of a parcel of Nis g a'a

Lands may be created, enforced and registered under

section 219 in favour of the Nis g a'a

Nation, a Nis g a'a Village or a Nis g a'a Corporation to the same extent that a

covenant may be created, enforced and registered under that

section in favour of the

Crown.

Registration of land vested under Nis g a'a law

373.64

(1) If land the title to which is registered

becomes vested in the Nis g a'a Nation or a Nis g a'a Village under Nis g a'a

law otherwise than as a result of tax sale proceedings, the registrar,

(

a) on application by the chief administrative officer of the Nis g a'a

Lisims Government or the applicable Nis g a'a Village Government, and

(

b) on the production of a certificate of vesting signed by the chief

administrative officer and describing the land,

must register an indefeasible title to that land in the name

of the Nis g a'a Nation or applicable Nis g a'a Village, and cancel any existing

indefeasible title to the land, or effect registration by way of charge in the name of the

Nis g a'a Nation or applicable Nis g a'a Village.

(2) Section 278 applies to the registration of land under this

section.

Notice of tax sale or redemption of tax sale land

373.7

(1) The collector or other proper officer of

the Nis g a'a Lisims Government or a Nis g a'a Village Government, as the case

may be, has the same duty to file a notice with the registrar

(

a) in respect of a parcel of Nis g a'a Lands sold for taxes

under a Nis g a'a law as the collector or other proper officer of a taxing authority

has in respect of other land under

section 272 (1), and

(

b) in respect of a parcel of Nis g a'a Lands sold for taxes or

subject to forfeiture under a Nis g a'a law as the collector or other proper officer

of a taxing authority has in respect of other land under

section 273 (1).

(2) Section 272 (2) and (3) applies in respect of a notice required

under subsection (1) (

a) of this

section and

section 273 (2) and (3) applies in respect of

a notice required under subsection (1) (

b) of this section.

Effect of registration of title derived from tax sale

373.71 In applying

section 276 (1) in respect of Nis g a'a

Lands, the purging and disencumbering of the land under

section 276 (1) (

a) and (

b) does

not result in a purging and disencumbering of the rights specified in

section 373.2 (1)

(a), (

b) and (d).

Power of registrar to lodge caveat

373.72 If, in the opinion of the registrar, a person

empowered to administer a Nis g a'a law has produced satisfactory evidence of a

contravention of that law and a prohibition is considered necessary to prevent improper

dealing in a parcel of Nis g a'a Lands covered by an indefeasible title, the

registrar has the power to lodge a caveat under

section 285 to prohibit dealing with that

land.

Division 2 - First Registration of Title to Nis g a'a Lands

Plan required with application for first registration

373.73

(1) An application under paragraph 5 of the

Land Title

Chapter of the Nis g a'a Final Agreement must be accompanied by a plan of

the land affected by the application that

(

a) is based on a survey prepared by a British Columbia land surveyor

or, if the survey is conducted before the date on which the Nis g a'a Final Agreement

takes effect, on a survey prepared by a Canada land surveyor,

(

b) complies with the General Survey Instruction Regulation, B.C.

Reg. 33/96, and

(

c) is signed by the Surveyor General.

(2) If the plan meets the requirements of subsection (1) (

a) and

(b), the Surveyor General must sign the plan.

(3) The signature of the Surveyor General on a plan referred to in

subsection (1) constitutes conclusive evidence to the registrar that

(

a) the land shown on the plan forms part of Nis g a'a Lands,

(

b) no part of the land described in the plan is submerged land other

than a part that is, by appropriate labels and boundary outlines, designated as submerged

lands, and

(

c) the plan does not conflict with any other plan on deposit in the

land title office.

(4) An indefeasible title to a fee simple estate in any portion of

Nis g a'a Lands does not include submerged land whether or not the submerged land is

shown on a plan referred to in subsection (1) and every indefeasible title to a portion of

Nis g a'a Lands must be construed accordingly.

Conclusive evidence of good safe holding and marketable title

373.8 A Nis g a'a certificate constitutes conclusive

evidence to the registrar that the person named in the certificate as the owner of the

land described in the certificate is entitled to a good safe holding and marketable title

in fee simple in respect of that land.

Additions to Nis g a'a Lands

373.81

(1) If land is to be added to Nis g a'a

Lands under paragraph 9 or 11 of the Lands

Chapter of the Nis g a'a Final Agreement

and, at the time of the addition, an indefeasible title to the land to be added is

registered under this Act, the minister responsible for aboriginal affairs must file a

certificate in the land title office in respect of the land to be added.

(2) A certificate referred to in subsection (1) must

(

a) contain a description of the land sufficient for the registrar to

identify it in the records, and

(

b) state that the land has been added to Nis g a'a Lands in

accordance with the Nis g a'a Final Agreement.

(3) On receiving a certificate under this section, the registrar

must endorse a notation in the proper register stating that the land forms part of Nis g a'a

Lands and may be subject to conditions, provisos, restrictions, exceptions and

reservations, including royalties, in favour of the Nis g a'a Nation.

(4) A certificate filed under this

section is conclusive evidence to

the registrar that the addition was made in accordance with the Nis g a'a Final

Agreement.

Execution of instruments in respect of Nis g a'a Lands

373.82

(1) For the purpose of applying the Torrens

system, as defined in

Part 24, to Nis g a'a Lands, an instrument executed by or on

behalf of the Nis g a'a Nation or a Nis g a'a Village is conclusively deemed to

be properly executed if

(

a) the seal of the Nis g a'a Nation or applicable Nis g a'a

Village is affixed to the instrument in the presence of a person described as an

authorized signatory, and

(

b) execution is proved in the same manner as is provided in

section

46, in cases of execution by a corporation.

(2) An instrument executed and proved in compliance with subsection

(1) constitutes conclusive evidence to the registrar that the requirements of Nis g a'a

law relating to the execution of the instrument and the disposition contemplated by it

have been fulfilled.

(3) If an instrument executed by or on behalf of the Nis g a'a

Nation or a Nis g a'a Village is presented for registration under this Act, the

registrar need not act on, inquire into or give effect to Nis g a'a law or make any

inquiry into the capacity of either of them or make any other inquiry into whether or not

(

a) any Nis g a'a law is in force,

(

b) the transaction contemplated by the instrument was duly

authorized in accordance with Nis g a'a law,

(

c) all rules and procedures established by the Nis g a'a Lisims

Government or Nis g a'a Village Government respecting the disposition of an estate or

interest in land have been complied with, or

(

d) the Nis g a'a Nation or Nis g a'a Village subsists as a

legal entity.

(4) In addition to the limits of liability established under

section

303, neither the assurance fund nor the Attorney General is, under any circumstances,

liable for compensation for loss, damage or deprivation occasioned by an ultra vires or

unlawful act of the Nis g a'a Lisims Government or Nis g a'a Village Government

or by the improper use of the seal of either of them.

Division 3 - Registration of Categories A and B Lands

Requirements for first registration of Categories A & B Lands

373.9

(1) An application for the registration of an

indefeasible title to all or any portion of Category A Lands or Category B Lands must be

accompanied by

(

a) a plan of the land affected by the application, which plan meets

the requirements of subsection (2), and

(

b) a certificate of the minister responsible for aboriginal affairs

that meets the requirements of subsection (3).

(2) The plan referred to in subsection (1) (

a) must

(

a) be based on a survey prepared by a British Columbia land

surveyor,

(

b) comply with the General Survey Instruction Regulation, B.C. Reg.

33/96, and

(

c) be signed by the Surveyor General.

(3) The certificate referred to in subsection (1) (

b) must

(

a) state that the land shown on the plan referred to in subsection

(1) (

a) forms part of Category A Lands or Category B Lands,

(

b) set out the conditions, provisos, restrictions, exceptions and

reservations, including royalties, to which the land is subject, and

(

c) state that the plan does not conflict with any other plan on

deposit in the land title office.

(4) A certificate that meets the requirements of subsection

(3) constitutes conclusive evidence to the registrar of the matters set out in the

certificate.

(5) On receiving a plan and certificate under this section, the

registrar must endorse a notation in the proper register stating that the land may be

subject to conditions, provisos, restrictions, exceptions and reservations, including

royalties, in favour of the Nis g a'a Nation.

(6) An indefeasible title to a fee simple estate in any portion of

Category A Lands or Category B Lands does not, unless the certificate referred to in

subsection (3) provides otherwise, include submerged land and every indefeasible title to

a portion of Category A Lands or Category B Lands must be construed accordingly.

Effect of indefeasible title to Categories A & B Lands

373.91

(1) An indefeasible title to a parcel of

Category A Lands or Category B Lands, as long as it remains in force and uncancelled, is

conclusive evidence at law and in equity, as against the Crown and all other persons, that

the person named in the title is indefeasibly entitled to an estate in fee simple to the

land described in the indefeasible title subject to the subsisting conditions, provisos,

restrictions, exceptions and reservations, including royalties, set out in the certificate

referred to in

section 373.9 that relates to that parcel.

(2) The matters to which an indefeasible title to a parcel of

Category A Lands or Category B Lands is subject under subsection (1) are in addition to

any other matters to which that title is subject under

section 23 (2), as that

section

applies to that parcel under the Nis g a'a Final Agreement.

(3) Section 23 (4) does not apply in respect of Category A Lands and

Category B Lands.

Liquor Control and Licensing Act

Section 7 of the Liquor Control and Licensing Act, R.S.B.C.

1996, c. 267, is amended by adding the following subsections:

(6) For the purposes of paragraph 114 of the Nis g a'a

Government

Chapter of the Nis g a'a Final Agreement, the general manager has the

responsibility for

(

a) authorizing a Nis g a'a designate to issue special occasion

licences under subsection (1), and

(

b) delegating to a Nis g a'a designate the authority to make

the decision referred to in subsection (3).

(7) A Nis g a'a designate has the same duty in respect of a

licence issued by the Nis g a'a designate under this

section as the store manager has

under subsection (5) in respect of a licence issued by the store manager.

(8) In this section:

"Nis g a'a designate" means a person

designated under paragraph 114 of the Nis g a'a Government

Chapter of the Nis g a'a

Final Agreement;

"Nis g a'a Final Agreement" has the same

meaning as in the Nis g a'a Final Agreement Act.

Mineral Land Tax Act

49 The Mineral Land Tax Act, R.S.B.C. 1996, c. 290, is amended

by adding the following section:

Nis g a'a exemption

3.1

(1) In this section, "Taxation

Agreement" means the Nis g a'a Nation Taxation Agreement tabled in the

Legislative Assembly on the day the Nis g a'a Final Agreement Act receives

First Reading, but does not include any amendments made to that agreement after that date.

(2) Despite

section 3, a person is not subject to tax under this Act

if and to the extent that the Taxation Agreement provides that the person is not subject

to tax under this Act.

Mineral Tax Act

50 The Mineral Tax Act, R.S.B.C. 1996, c. 291, is amended by

adding the following section:

Nis g a'a exemption

2.1

(1) In this section, "Taxation

Agreement" means the Nis g a'a Nation Taxation Agreement tabled in the

Legislative Assembly on the day the Nis g a'a Final Agreement Act receives

First Reading, but does not include any amendments made to that agreement after that date.

(2) Despite

section 2, a person is not subject to tax under this Act

if and to the extent that the Taxation Agreement provides that the person is not subject

to tax under this Act.

Mining Tax Act

51 The Mining Tax Act, R.S.B.C. 1996, c. 295, is amended by

adding the following section:

Nis g a'a exemption

2.1

(1) In this section:

"Nis g a'a Final Agreement" has the same

meaning as in the Nis g a'a Final Agreement Act ;

"person" has the same meaning as in paragraph 1 of

the Fiscal Relations

Chapter of the Nis g a'a Final Agreement;

"Taxation Agreement" means the Nis g a'a

Nation Taxation Agreement tabled in the Legislative Assembly on the day the Nis g a'a

Final Agreement Act receives First Reading, but does not include any amendments made

to that agreement after that date.

(2) Despite

section 2, a person is not subject to tax under this Act

if and to the extent that the Taxation Agreement provides that the person is not subject

to tax under this Act.

Motor Fuel Tax Act

52 The Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is amended by

adding the following section:

Refund of taxes in accordance with Nis g a'a Nation Taxation

Agreement

20.1

(1) In this section:

"person" has the same meaning as "claimant"

in paragraph 6 (

b) of the Taxation Agreement;

"Taxation Agreement" means the Nis g a'a

Nation Taxation Agreement tabled in the Legislative Assembly on the day the Nis g a'a

Final Agreement Act receives First Reading, but does not include any amendments made

to that agreement after that date.

(2) On application and on receipt of evidence establishing that a

person is entitled to a refund as provided in the Taxation Agreement of tax paid by the

person under this Act, the director must pay that refund from the consolidated revenue

fund to that person.

Section 50 (1) (

b) is amended by adding "20.1,"

after "20," .

Municipal Act

54 The Municipal Act, R.S.B.C. 1996, c. 323, is amended by

adding the following

section to

Part 7:

Nis g a'a Final Agreement

301.1

(1) In this section, "Nis g a'a

Final Agreement" has the same meaning as in the Nis g a'a Final Agreement

Act.

(2) The Lieutenant Governor in Council may make regulations

prescribing the modifications considered necessary or advisable for applying this Part for

the purposes of paragraphs 133, 135 and 138 of the Nis g a'a Government

Chapter of

the Nis g a'a Final Agreement.

Park Act

Schedule D of the Park Act, R.S.B.C. 1996, c. 344, is

amended by repealing the description of ANHLUUT'UKWSIM LA X MIHL

ANGWINGA'ASANSKWHL NIS G A'A (a.k.a. Nis g a'a Memorial Lava Bed Park) and

substituting the following:

2 ANHLUUT'UKWSIM LA X MIHL ANGWINGA'ASANSKWHL NIS G A'A

(a.k.a. Nis g a'a Memorial Lava Bed Park)

All those parcels or tracts of Crown land, together with all

that land or land covered by water lying below the present natural boundary, situated in

Cassiar District and lying within the following described boundaries:

Commencing at the post set at the southeast corner of District

Lot 1093, being former Gwinaha Indian Reserve No. 44, with said post to be marked #54;

thence northerly along the easterly boundary of District Lot 1093, being former Gwinaha

Indian Reserve No. 44, and continuing northerly along a portion of the easterly boundary

of former Gitwinksihlkw (Kitwilluchsilt) Indian Reserve No. 7, passing through the post

set at the southeast corner thereof and to be marked number #53, to the post set at the

intersection of said easterly boundary with the left natural boundary of Nass River, and

with said post to be marked number #52; thence in a generally northeasterly direction

along said natural boundary of Nass River to the southwest corner of District Lot 1094,

being former Amaral Indian Reserve No. 46 and 47 (undivided) and a point on said natural

boundary; thence easterly and northerly along the southerly and easterly boundaries of

District Lot 1094, being former Amaral Indian Reserve No. 46 and 47 (undivided) to the

southwest corner of former Amatal Indian Reserve No. 6; thence easterly and northerly

along the southerly and easterly boundaries of former Amatal Indian Reserve No. 6 to the

left natural boundary of Nass River, and being the river channel lying to the South and

East of former Amatal Indian Reserve No. 5; thence in a general northeasterly direction

along the said natural boundary of Nass River to the southwest corner of District Lot

5287, being former Quinogag Indian Reserve No. 61 and a point on said natural boundary;

thence easterly and northerly along the southerly and easterly boundaries of District Lot

5287, being former Quinogag Indian Reserve No. 61, to the northeast corner thereof, being

a point on the left natural boundary of Nass River; thence in a general northeasterly

direction along said natural boundary of Nass River to the left natural boundary of Tseax

River; thence southeasterly along the left natural boundary of Tseax River to a point

thereon, with said point lying on a bearing of 270° from the post set at the southeast

corner of District Lot 5275, being former Ksilamisk Indian Reserve No. 89, and to be

marked #51; thence on a bearing of 90°, passing through the southeast corner of District

Lot 5275, being former Ksilamisk Indian Reserve No. 89, to the intersection with a line

drawn parallel to and 60 metres perpendicularly distant easterly from the right natural

boundary of Tseax River, and with said intersection to be marked by a post to be set and

numbered #50; thence in a general southeasterly direction along said line drawn parallel

to, and 60 metres perpendicularly distant easterly from the right natural boundary of

Tseax River to the most westerly boundary of former New Aiyansh Indian Reserve No. 1 as

shown on Plan 65110 recorded in the Canada Lands Surveys Records at Ottawa; thence

southerly along the westerly boundary of former New Aiyansh Indian Reserve No. 1 to the

northeast corner of Lot A of District Lot 4012, Plan 9176; thence westerly along the

northerly boundary of said Lot A to the northwest corner thereof; thence in a general

southerly direction along the westerly boundary of said Lot A to the southwest corner

thereof, with a portion of the westerly boundary of said Lot A being also the right

natural boundary of Tseax River and with said southwest corner being a point thereon;

thence easterly along the southerly boundary of said Lot A to its intersection with a line

drawn parallel to and 60 metres perpendicularly distant easterly from the right

natural boundary of Tseax River; thence in a general southeasterly direction along said

line drawn parallel to, and 60 metres perpendicularly distant easterly from the right

natural boundary of Tseax River to the southerly prolongation of the easterly boundary of

District Lot 4014; thence northerly to and along the easterly boundary of District Lot

4014, passing through the post set at the southeast corner thereof, and to be marked as

post number #49, to the intersection of said easterly boundary with a line drawn parallel

to and 600 metres perpendicularly distant easterly from the centre line of Nis g a'a

Highway (formerly Nass Valley Road); thence in a general southeasterly direction along

said line drawn parallel to and 600 metres perpendicularly distant easterly from the

centre line of Nis g a'a Highway (formerly Nass Valley Road), to the middle line of

Bubo Creek; thence on a bearing of 176°, a distance of 2.700 kilometres; thence on a

bearing of 63°, a distance of 2.175 kilometres; thence on a bearing of 53°, a

distance of 1.175 kilometres, more or less, to a post which is to be set on the

southerly boundary of the watershed of Bubo Creek; thence on a bearing of 1°24'00",

a distance of 3.087 kilometres; thence on a bearing of 328°37'00", a distance

of 1.160 kilometres; thence on a bearing of 21°49'00", a distance of

1.286 kilometres to a post set on the left natural boundary of a tributary of Eider

Creek; thence on a bearing of 323°47'00", a distance of 1.600 kilometres;

thence on a bearing of 288°06'00", a distance of 985 metres; thence on a

bearing of 15°45'00", a distance of 1.051 kilometres, more or less, to post #47

which is to be set on the right natural boundary of Fulmar Creek; thence on a bearing of

294°00'00", a distance of 2.03 kilometres; thence on a bearing of

62°01'00", a distance of 2.139 kilometres; thence on a bearing of

1°48'00", a distance of 889 metres to a post which is to be set and numbered

#46; thence on a bearing of 262°14'00", a distance of 2.106 kilometres; thence

on a bearing of 321°00'00", a distance of 805 metres; thence on a bearing of

45°46'00", a distance of 857 metres; thence on a bearing of 303°02'00", a

distance of 247 metres; thence on a bearing of 90°00'00", a distance of

1.80 kilometres, more or less, to post number #45 which is to be set at the summit of

Mount Hoeft; thence northeasterly in a straight line to the summit of Mount Priestly,

being a point on the easterly boundary of the watershed of Seaskinnish Creek; thence

southerly along the easterly boundaries of the watersheds of Seaskinnish Creek and Crater

Creek to the southerly boundary of the watershed of Crater Creek; thence westerly along

the southerly boundary of the watershed of Crater Creek to a point thereon, with said

point lying on a bearing of 0°, a distance of 300 metres, more or less, from the

most northerly fork at the headwaters of Sterling Creek, with said fork being on an

approximate bearing of 90°, a distance of 5.50 kilometres, more or less, from the

confluence of Tumbling Creek with the easterly natural boundary of Lava Lake; thence on a

bearing of 0° to the middle line of the most southerly main tributary of the unnamed

creek that flows northwesterly into Crater Creek; thence in a general northwesterly

direction along the middle line of said most southerly main tributary of the unnamed creek

that flows northwesterly into Crater Creek and continuing northwesterly along the middle

line of said unnamed creek to a point on a line drawn parallel to and 400 metres

perpendicularly distant southerly from the left natural boundary of Crater Creek; thence

southwesterly in a straight line to the intersection of the middle line of Jay Creek with

the westerly boundary of Nis g a'a Highway (formerly Nass Valley Road); thence in a

general southerly direction along said westerly boundary of Nis g a'a Highway

(formerly Nass Valley Road) to the 55th parallel of North latitude (based on NAD 83

Datum); thence westerly along said 55th parallel of North latitude to the left natural

boundary of Tseax River; thence northwesterly in a straight line to a point on a line

drawn on a bearing of 270°, and 100 metres perpendicularly distant westerly from,

the most southerly point on the westerly natural boundary of the West arm of Lava Lake;

thence in a general northerly direction along said line drawn parallel to and

100 metres perpendicularly distant westerly from the westerly natural boundary of the

West arm of Lava Lake and continuing in a general northerly direction along a line drawn

parallel to and 100 metres perpendicularly distant westerly from the westerly natural

boundary of Lava Lake to the point of intersection with the middle line of Aquila Creek;

thence westerly along the middle line of Aquila Creek to a point thereon, with said point

lying on a bearing of 180° from a post set on the left natural boundary of Aquila Creek a

distance of 953.7 metres upstream from the confluence of Aquila Creek with the

westerly natural boundary of Lava Lake; thence on a bearing of 0° to said post; thence on

a bearing of 3°29'37.75", a distance of 2.209 kilometres, more or less, to the

intersection with a line drawn on a bearing of 245° from Pipe Post No. 31 set on the

easterly side of the British Columbia Hydro and Power Authority (B.C.H.&P.A.)

transmission line right of way as shown on Plan 5611, on deposit in the Land Title Office

in Prince George (formerly Prince Rupert); thence on a bearing of 65° to a point on a

line drawn parallel to and 400 metres perpendicularly distant westerly from the

centre line of Nis g a'a Highway (formerly Nass Valley Road); thence in a general

northwesterly direction along said line drawn parallel to and 400 metres

perpendicularly distant westerly from the centre line of Nis g a'a Highway (formerly

Nass Valley Road) to post number #64 which is to be set at the intersection of the right

natural boundary of an unnamed creek that flows northeasterly into Tseax River with said

line drawn parallel to and 400 metres perpendicularly distant southwesterly from the

centre line of Nis g a'a Highway (formerly Nass Valley Road); thence on a bearing of

295°08'00", a distance of 2.48 kilometres; thence on a bearing of

270°15'00", a distance of 1.25 kilometres; thence on a bearing of

307°15'00", a distance of 2.500 kilometres, more or less to post number #63

which is to be set on a bearing of 270° from the southwest corner of District Lot 4013,

Cassiar District; thence on a bearing of 249°15'00", a distance of

2.35 kilometres, to a post which is to be set and numbered #62; thence on a bearing

of 150°15'00", a distance of 500 metres, to a post which is to be set and

numbered #61; thence on a bearing of 206°45'00", a distance of

1.083 kilometres; thence on a bearing of 270°15'00", a distance of

2.277 kilometres, to a post which is to be set and numbered #60; thence on a bearing

of 150°37'00", a distance of 497 metres; thence on a bearing of

222°39'00", a distance of 654 metres to a post which is to be set and numbered

#59; thence on a bearing of 248°32'00", a distance of 1.096 kilometres; thence

on a bearing of 276°14'00", a distance of 695 metres, more or less, to post

numbered #58 which is to be set on the left natural boundary of Zolzap Creek; thence in a

general westerly direction along the left natural boundary of ZolZap Creek to post

numbered #57 which is to be set at the intersection of said left natural boundary with the

southerly boundary of former Zaulzap Indian Reserve No. 29; thence easterly and northerly

along the southerly and easterly boundaries of former Zaulzap Indian Reserve No. 29,

passing through the post set at the southeast corner thereof, and to be marked number #56,

to the post set at the southwest corner of District Lot 1093, being former Gwinaha Indian

Reserve No. 44, and to be marked number #55; thence easterly along the southerly boundary

of District Lot 1093, being former Gwinaha Indian Reserve No. 44 to the post set at the

southeast corner thereof, and to be marked post number #54, being the point of

commencement;

The whole containing approximately 17 893 hectares.

Schedule E is amended by adding the following park:

4.5 BEAR GLACIER PARK

All that parcel or tract of Crown land, together with all that

land or land covered by water lying below the present natural boundary, lying within the

following described boundaries:

Commencing at the intersection of the southerly boundary of

Stewart-Cassiar Highway (Highway 37A) with the middle line of an unnamed creek that flows

southwesterly into Bear River, with said intersection lying on a bearing of

101°15'00", a distance of 708 metres, more or less, from the most northerly

northeast corner of District Lot 5364, Cassiar District, being the "Some

Fraction" Mineral Claim; thence on an approximate bearing of 214°04'00", a

distance of 900 metres, more or less, to the most easterly corner of District Lot

5362, being the "Heather No. 6" Mineral Claim; thence in a general southerly

direction along the easterly boundary of District Lot 5362 to the most southerly southeast

corner thereof; thence on a bearing of 226°58'00", a distance of 764 metres;

thence on a bearing of 192°44'00", a distance of 662 metres; thence on a

bearing of 182°47'00", a distance of 348 metres; thence on a bearing of

103°22'00", a distance of 609 metres; thence on a bearing of 58°13'00", a

distance of 2 346 metres; thence on a bearing of 102°56'00", a distance of

596 metres, more or less, to the middle line of the unnamed creek that flows in a

general northerly direction into Strohn Lake; thence northeasterly and northerly along the

middle line of said unnamed creek a distance of 854 metres; thence on a bearing of

94°52'00", a distance of 389 metres, more or less, to the middle line of the

unnamed creek that flows northeasterly into Strohn Creek; thence northeasterly along the

middle line of said unnamed creek a distance of 800 metres, more or less, to the

right natural boundary of Strohn Creek; thence on a bearing of 0°00'00", a distance

of 115 metres, more or less, to the southerly boundary of Stewart-Cassiar Highway

(Highway 37A); thence westerly along the southerly boundary of Stewart-Cassiar Highway

(Highway 37A) to the point of commencement.

Excepting thereout the Ministry of Transportation and Highways

"25 Mile South Pit", which can be more particularly described as:

Commencing at the intersection of the southerly boundary of

Stewart-Cassiar Highway (Highway 37A) with the southerly boundary of Bear Glacier Rest

Area Access Road; thence southwesterly along the southerly boundary of Bear Glacier Rest

Area Access Road a distance of 325 metres; thence on a bearing of 163°00'00", a

distance of 125 metres; thence on a bearing of 79°00'00", a distance of

325 metres; thence on a bearing of 338°00'00", a distance of 248 metres,

more or less, to the point of commencement, and containing approximately

6.6 hectares.

Pension (Municipal) Act

Section 1 (1) of the Pension (Municipal) Act, R.S.B.C. 1996,

c. 355, is amended by adding the following

definitions:

"Nis g a'a Final Agreement" has the same

meaning as in the Nis g a'a Final Agreement Act ;

"Nis g a'a Lisims Government" has the same

meaning as in the Nis g a'a Final Agreement;

"Nis g a'a Village Government" has the same

meaning as in the Nis g a'a Final Agreement; .

Section 2 (2) is amended by adding the following paragraph:

(m.1) the Nis g a'a Lisims Government and a Nis g a'a

Village Government but only if declared to be applicable by order of the board, on receipt

of a resolution of the elected members of the Nis g a'a Lisims Government or the

applicable Nis g a'a Village Government, and only in respect of those employees or

groups of employees recommended by the Nis g a'a Lisims Government or the applicable

Nis g a'a Village Government and approved by the board; .

Petroleum and Natural Gas Act

59 The Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is

amended by adding the following section:

Nis g a'a exemption

80.1

(1) In this section, "Taxation

Agreement" means the Nis g a'a Nation Taxation Agreement tabled in the

Legislative Assembly on the day the Nis g a'a Final Agreement Act receives

First Reading, but does not include any amendments made to that agreement after that date.

(2) Despite

section 80, a person is not subject to tax under this

Act if and to the extent that the Taxation Agreement provides that the person is not

subject to tax under this Act.

Property Transfer Tax Act

60 The Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is

amended by adding the following section:

Nis g a'a exemption

2.1

(1) In this section, "Taxation

Agreement" means the Nis g a'a Nation Taxation Agreement tabled in the

Legislative Assembly on the day the Nis g a'a Final Agreement Act receives

First Reading, but does not include any amendments made to that agreement after that date.

(2) Despite

section 2, a person is not subject to tax under this Act

if and to the extent that the Taxation Agreement provides that the person is not subject

to tax under this Act.

School Act

Section 86 of the School Act, R.S.B.C. 1996, c. 412, is

amended by adding the following subsections:

(3.1) With the approval of the minister, a board may enter into an

agreement with the Nis g a'a Lisims Government with respect to the education of a Nis g a'a

child.

(3.2) In subsection (3.1), "Nis g a'a child"

and "Nis g a'a Lisims Government" have the same meanings as in the

Nis g a'a Final Agreement as defined in the Nis g a'a Final Agreement Act.

Social Service Tax Act

Section 9 of the Social Service Tax Act, R.S.B.C. 1996, c.

431, is amended by adding the following subsection:

(3.1) If, subsequent to the acquisition or lease of tangible

personal property in respect of which a person, as that term is defined in

section 82.1

(1), received a refund of tax under that section, the person uses the property for a use

other than that which would entitle the person to receive a refund under

section 82.1, the

person must, at the time the property is so used, pay tax on the purchase price or lease

price, as the case may be, of that property at the rate under this Act.

63 The following

section is added:

Refund of taxes in accordance with Nis g a'a Nation Taxation

Agreement

82.1

(1) In this section:

"person" has the same meaning as

"claimant" in paragraph 6 (

b) of the Taxation Agreement;

"Taxation Agreement" means the Nis g a'a

Nation Taxation Agreement tabled in the Legislative Assembly on the day the Nis g a'a

Final Agreement Act receives First Reading, but does not include any amendments made

to that agreement after that date.

(2) On application and on receipt of evidence establishing that a

person is entitled to a refund as provided in the Taxation Agreement of tax paid by the

person under this Act, the commissioner must pay that refund from the consolidated revenue

fund to that person.

Social Workers Act

Section 8 of the Social Workers Act, R.S.B.C. 1996, c. 432,

is amended

(

a) by repealing subsection (1) (b) (iv) and substituting the

following:

(iv) an Indian band, a tribal council, the Nis g a'a Nation

or a Nis g a'a Village, or , and

(

b) by adding the following subsection:

(4) In subsection (1) (b) (iv), "Nis g a'a Nation"

and "Nis g a'a Village" have the same meanings as in the Nis g a'a

Final Agreement as defined in the Nis g a'a Final Agreement Act.

Taxation (Rural Area) Act

65 The Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is

amended by adding the following section:

Nis g a'a exemption

2.1

(1) In this section, "Taxation

Agreement" means the Nis g a'a Nation Taxation Agreement tabled in the

Legislative Assembly on the day the Nis g a'a Final Agreement Act receives

First Reading, but does not include any amendments made to that agreement after that date.

(2) Despite

section 2, a person is not subject to tax under this Act

if and to the extent that the Taxation Agreement provides that the person is not subject

to tax under this Act.

Water Act

66 The Water Act, R.S.B.C. 1996, c. 483, is amended by adding

the following section:

Nis g a'a water reservation

44.1

(1) In this section, "Nis g a'a

Final Agreement" has the same meaning as in the Nis g a'a Final Agreement

Act.

(2) The Lieutenant Governor in Council may, by order, establish the

water reservation, described in paragraph 122 of the Lands

Chapter of the Nis g a'a

Final Agreement, in favour of the Nis g a'a Nation.

(3) The water reservation established under subsection (2) is deemed

(

a) to be a water reservation under

section 44 subject to the

following:

(

i) the water reserved by that water reservation may only be

acquired for the purposes and in the manner contemplated by paragraphs 122 to 126 of the

Lands

Chapter of the Nis g a'a Final Agreement;

(ii)

section 44 (5) and (6) does not apply to that water

reservation;

(iii)

section 44 (7) and (8) does not apply to the water reserved

by that water reservation, and

(

b) to have been made on March 22, 1996 for the purposes of paragraph

123 of the Lands

Chapter of the Nis g a'a Final Agreement.

Wills Variation Act

Section 1 of the Wills Variation Act, R.S.B.C. 1996, c. 490,

is amended by adding the following

definitions:

"cultural property" has the same meaning as in

paragraph 115 of the Nis g a'a Government

Chapter of the Nis g a'a Final

Agreement;

"Nis g a'a citizen" has the same meaning as in

the Nis g a'a Final Agreement;

"Nis g a'a Final Agreement" has the same

meaning as in the Nis g a'a Final Agreement Act ;

"Nis g a'a law" has the same meaning as in the

Nis g a'a Final Agreement;

"Nis g a'a Lisims Government" has the same

meaning as in the Nis g a'a Final Agreement; .

68 The following

section is added:

Will or cultural property of Nis g a'a citizen

1.1

(1) As provided in paragraph 118 of the Nis g a'a

Government

Chapter of the Nis g a'a Final Agreement, the Nis g a'a Lisims

Government may commence an action under this Act in respect of the will of a Nis g a'a

citizen that provides for the devolution of cultural property.

(2) In any judicial proceeding under this Act in which the validity

of a will of a Nis g a'a citizen, or the devolution of the cultural property of a Nis g a'a

citizen, is at issue, the Nis g a'a Lisims Government has standing in the proceeding

as provided in paragraph 117 of the Nis g a'a Government

Chapter of the Nis g a'a

Final Agreement.

(3) In a proceeding to which subsection (2) applies, the court must

consider, among other matters, any evidence or representations in respect of Nis g a'a

laws and customs dealing with the devolution of cultural property as provided in

paragraph 119 of the Nis g a'a Government

Chapter of the Nis g a'a Final

Agreement.

(4) As provided in paragraph 120 of the Nis g a'a Government

Chapter of the Nis g a'a Final Agreement, the participation of the Nis g a'a

Lisims Government in a proceeding to which subsection (1) applies must be in accordance

with the applicable Rules of Court and does not affect the court's ability to control its

process.

Section 3 is amended by adding the following subsection:

(1.1) An action in respect of the will of a Nis g a'a citizen

must not be heard by the court at the instance of a party claiming the benefit of this Act

unless a copy of the writ of summons has been served on the Nis g a'a Lisims

Government.

Commencement

70 This Act, except

section 4, comes into force by regulation

of the Lieutenant Governor in Council.

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