Maa-nulth First Nations Final Agreement Implementation: Report 2013–2014
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The Maa-nulth First Nations Final Agreement is Vancouver Island's first modern-day treaty and the first multi-nation treaty under the British Columbia Treaty Commission process.
The governments of Canada, British Columbia, and each of the five Maa-nulth First Nations (Huu-ay-aht First Nations, Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations, Toquaht Nation, Uchucklesaht Tribe, and Yuułuʔiłʔatḥ) are Parties to the Maa-nulth First Nations Final Agreement (the Treaty), which came into force on the Effective Date of April 1, 2011. This report highlights the activities conducted to comply with and respect the Treaty in its third year, from April 1, 2013, to March 31, 2014.
This annual report does not create legal obligations, does not alter any rights or obligations described in the Maa-nulth First Nations Final Agreement, and is not to be used to interpret the Maa-nulth First Nations Final Agreement. The Maa-nulth First Nations Final Agreement prevails to the extent of an inconsistency with this annual report.
Maa-nulth: Villages Along the Coast
The people of the Maa-nulth First Nations live in one of the most beautiful places on Earth — the west coast of Vancouver Island surrounding Barkley Sound and Kyuquot Sound. In the Nuu-chah-nulth language, maa-nulth means "villages along the coast."
The First Nations of the Maa-nulth Treaty are five distinct First Nations:
- Huu-ay-aht First Nations (pronounced Hoo-ay-at)
- Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations (pronounced Ka-yu-ket/Chek-le-set)
- Toquaht Nation (pronounced Toe-kwat)
- Uchucklesaht Tribe (pronounced You-chuck-le-sat), and
- Yuułuʔiłʔatḥ, formerly Ucluelet First Nation (pronounced You-thloo-ith-at).
In total, the Maa-nulth First Nations include approximately 2,300 citizens.
Maa-nulth First Nations Final Agreement
The Maa-nulth First Nations Final Agreement is the first modern-day treaty to be concluded on Vancouver Island, home to more than 50 First Nations. The result of more than 15 years of negotiation, it is also the first multi-nation treaty concluded under the BC Treaty Commission process.
The five Maa-nulth First Nations voted in favour of accepting the Treaty by October 2007. The Treaty was ratified by the British Columbia Legislature and received Royal Assent on November 29, 2007. On June 18, 2009 the Treaty was ratified and received Royal Assent by Canada’s Parliament and Senate. The Effective Date of the Treaty was April 1, 2011. On that day, at 12:01 a.m., the people of the Maa-nulth First Nations — together with fellow British Columbians and Canadians — celebrated their collective achievement with ceremonies, drumming, fireworks, and tears.
The Treaty is intended to remove barriers to socioeconomic prosperity by settling claims of Aboriginal rights to land and resources, and by enabling each of the five Maa-nulth First Nations to govern themselves. As a comprehensive agreement that both settles the Maa-nulth First Nations’ land claims and establishes their self-government, the Treaty:
- establishes 24,550 hectares of Maa-nulth First Nations Lands ("Treaty Settlement Lands" or "TSL");
- provides the Maa-nulth First Nations Capital Transfers of $96.7 million;
- sets out how Canada, British Columbia, and the Maa-nulth First Nations will share benefits from natural resources, and how those resources will be managed;
- establishes, within the Canadian Constitution, democratically-elected Maa-nulth First Nations governments with powers to make laws (in 33 general areas), deliver programs, manage lands and resources, protect and enhance culture, and collect taxes;
- provides tools for new government-to-government relationships between Canada, British Columbia, and the Maa-nulth First Nations.
The next sections of this report explain what the Treaty changed regarding lands, resources, and governance. The sections for the individual Maa-nulth First Nations describe, for the reporting period April 1, 2013 to March 31, 2014, activities made possible by these changes to improve social and economic conditions on Treaty Settlement Lands.
For the complete text of the Treaty, visit: Maa-nulth First Nations Final Agreement
Lands & Resources
Seafaring nations of Canada’s Pacific coast, the Maa-nulth First Nations are also people of salmon and cedar. Their traditional territory is located in the heart of North America’s remaining coastal temperate rainforest, one of the world’s most biologically productive ecosystems.
The Treaty modifies pre-existing Aboriginal rights and title of each Maa-nulth First Nation into treaty rights and title. It provides legal certainty as to the ownership of Treaty Settlement Lands, harvesting rights, a portion of forest resource revenues, joint management of natural resources with Canada and British Columbia, and the basis for a new and productive economic foundation for these nations.
The Treaty releases Canada, British Columbia, and all other persons from all claims by each Maa-nulth First Nation, for actions before the Effective Date, relating to infringement of any Aboriginal rights and title of that nation.
Treaty Settlement Lands
Before the Effective Date, a Maa-nulth First Nation could not own land because, as an Indian Act "band," it was not legally recognized as an entity capable of doing so. Maa-nulth First Nations Reserves, many of which were small and isolated, were legally owned by Canada for the use and benefit of the Indian bands. Under the Indian Act, Canada was required to approve certain decisions for the use of those Reserves.
The Treaty provides each Maa-nulth First Nation with full legal personhood capable of owning land. The former Reserves no longer exist, having been included in what are now Treaty Settlement Lands. The Treaty recognizes each Maa-nulth First Nation as the owner of their Treaty Settlement Lands, totaling 24,550 hectares, in fee simple, being the greatest extent of ownership known in Canadian al w. The Treaty also recognizes their ownership of subsurface resources under most Treaty Settlement Lands (subject to existing tenures), not typically included with fee simple ownership, as well as their legislative authority over those lands.
Ownership of their Treaty Settlement Lands allows the Maa-nulth First Nations to access the capital value of those lands to secure financing for development, including residential construction and other long-term economic benefits. Ownership of subsurface resources allows the Maa-nulth First Nations governments to set fees, royalties, and other charges to explore, develop, and extract those resources.
Ownership, governance, and stewardship of their Treaty Settlement Lands and resources allow the Maa-nulth First Nations to grow their economies and develop their societies in the manner they determine best, respectful and mindful of their culture and traditions.
Surveys & Registry
The Treaty indicates that the outer boundaries of Maa-nulth First Nations Lands are to be described by legal surveys. In cases where adequate legal surveys did not already exist, "initial surveys" were to be completed either before the Effective Date or as soon as practicable afterward. Prior to the Effective Date, Canada completed all required surveys in respect of former Indian Reserves, and British Columbia completed surveys of those former provincial Crown lands required by the Treaty to be registered on the Effective Date in the Victoria Land Title Office, plus several other parcels of former provincial Crown Land.
The Surveyor General of the Land Title Survey Authority (LTSA) issued two sets of survey instructions for Maa-nulth First Nations "initial surveys" and confirmed four plans. By the end of the reporting period, 14.5 percent of the initial surveys were complete. Additionally, a survey plan was approved for a potential first registration into the Land Title Office by the Uchucklesaht Tribe, and LTSA provided guidance to Yuułuʔiłʔatḥ on an anticipated first registration survey on their lands.
Additions to Treaty Settlement Lands
The Treaty sets out processes where the Maa-nulth First Nations may add to their Treaty Settlement Lands through future purchases. The Treaty also sets out processes for rare and unlikely circumstances where Canada or British Columbia may need to expropriate land.
The Treaty, in Appendix F-1 through F-4, identifies preselected parcels of land that the Maa-nulth First Nations may purchase and add to Maa-nulth First Nations Treaty Settlement Lands. Shortly after Effective Date, Toquaht Nation requested to purchase a parcel listed in Appendix F-1.
The Surveyor General of the LTSA issued survey instructions and confirmed survey plans for two parcels identified as "potential additions" in the Treaty; those parcels are commonly known as the "Silverside" parcel for Uchucklesaht Tribe, and the "lands adjacent to Chenatha" for the Toquaht Nation. Within the provincial system, work progressed to formally add these lands to Treaty Settlement Lands.
In addition to land surveys, British Columbia continued to work to resolve the issue of subsurface resources related to the purchase of "potential additions" to Treaty Settlement Land.
The Treaty resolves questions about who owns forest resources and gains the economic benefits of logging. Under the Treaty, the Maa-nulth First Nations own all forest and range resources on their Treaty Settlement Lands. This ensures that the Maa-nulth First Nations control the management and harvesting of trees and non-timber resources both for traditional and commercial purposes.
The Treaty also provides that each Maa-nulth First Nation will be paid a share of annual resource revenues generated within that nation’s Treaty Areas, for a 25-year period commencing on the Effective Date. The revenue sharing formulas are based on provincial stumpage revenues. The total paid to the Maa-nulth First Nations in the third year of the Treaty was $903,051. Details of these payments are provided in the Financial Matters section of this report.
In addition, the Treaty enables the Maa-nulth First Nations to export logs internationally from their TSL, exempt from provincial raw log export restrictions. Canada has redesigned its procedures to allow raw log export permits to be issued to self-governing Aboriginal groups including the Maa-nulth First Nations.
British Columbia continued work on developing an area-based First Nations Woodland Licence (FNWL) for the Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations. The timber at Black Sands Beach, an area identified as "potential additions" land under the Treaty, is anticipated to contribute to the Allowable Annual Cut of the FNWL. However, it remains to be determined if the purchase of these lands will include the timber, therefore excluded from the FNWL, or if the timber will be reserved to the Crown thus contributing to the FNWL. Work continued to resolve this issue.
In addition, British Columbia, under Section 3.0 of the Memorandum of Understanding Regarding Outstanding Forest and Range Practices (MOU), completed road inspections and assessments of roads identified for deactivation within the South Island Natural Resource District (SINRD). British Columbia also completed surveys of all gravel and rock pits identified under Section 5.1 of the MOU within the SINRD.
Wildfire Suppression & Control
On the Effective Date, Canada and British Columbia entered a Wildfire Suppression Agreement with each Maa-nulth First Nation that sets out how the costs incurred by British Columbia for wildfire control on Treaty Settlement Lands (for wildfires that originate on those lands) will be shared by British Columbia, Canada, and individual Maa-nulth First Nations. Costs are based on the actual forest fires that occur, with a formula to make manageable regular payments. British Columbia and the Maa-nulth First Nations will continue this arrangement indefinitely, while Canada will decide whether to continue its participation in the agreement after ten years.
During the reporting period, no wildfires occurred on Maa-nulth First Nations Treaty lands that required implementation of the Wildfire Suppression Agreement.
The Treaty confirms agreement on defined Maa-nulth First Nations Areas, Domestic Fishing Areas, and Wildlife and Migratory Birds Harvesting Areas, which encompass the traditional territories of the Maa-nulth First Nations.
Within these areas the Maa-nulth First Nations may exercise non-exclusive rights recognized in the Treaty. These include rights to harvest Migratory Birds, Wildlife and Fish and Aquatic Plants for food, social and ceremonial purposes as set out in the Treaty. The role of the Maa-nulth First Nations within the Maa-nulth First Nations Areas is further articulated in Chapter 6 of the Treaty and includes economic development opportunities, the ability to participate in joint governance activities with Canada and British Columbia, and the ability to participate in and exercise certain rights regarding cultural activities.
During the reporting period, British Columbia issued aquatic plant harvesting licences based on the calendar year: one licence in the Kyuquot Sound Domestic Fishing Area and five licences in the Barkley Sound Domestic Fishing Area during 2012, and five licences in the Barkley Sound Domestic Fishing Area during 2013. Licences are issued for specific areas, quotas (in wet tonnes), and duration. There are additional licence conditions, depending on species and use.
The Maa-nulth First Nations are entitled to timely notice and participation in environmental assessments, under federal or provincial legislation, for any projects within their Treaty Areas that may reasonably be expected to adversely affect TSL or treaty rights. As well, no project on Treaty Settlement Land can proceed without the consent of the Maa-nulth First Nation that owns the land.
In addition to providing comments on the scope, environmental effects, and mitigation measures, the Maa-nulth First Nations participate on technical working groups with federal departments. Since the Effective Date, the Maa-nulth First Nations have been participating in the federal environmental assessment of the proposed Raven Underground Coal Mine.
Migratory Birds & Wildlife
Similar to the Domestic Fishing Areas, the Treaty sets out a defined Migratory Bird Harvest Area and a Wildlife Harvest Area for the Maa-nulth First Nations to harvest for Domestic Purposes (i.e. food, social, and ceremonial use). These Harvest Areas extend beyond Treaty Settlement Lands to include the right to harvest wildlife and migratory birds (and fish) on a non-exclusive basis within the entire traditional territories of the Maa-nulth First Nations. The Treaty sets out requirements for consultation before Canada or British Columbia may designate or set an allocation for a hunted species because of conservation concerns.
The Treaty requires that the Maa-nulth First Nations form and participate in a Maa-nulth Wildlife Council, which is responsible for developing a Wildlife Harvest Plan for consideration by British Columbia. Under the Treaty, final authority over wildlife remains with the relevant provincial Minister.
The Treaty also requires the governments of British Columbia and the Maa-nulth First Nations to negotiate and attempt to reach agreement on a process to evaluate the impact of authorized uses, or Dispositions of provincial Crown land, on each Maa-nulth First Nation’s reasonable opportunity to harvest Fish and Aquatic Plants, Wildlife, and Migratory Birds. These requirements are being addressed through the negotiation of a Reasonable Opportunity Agreement, which will define collaborative processes for the Parties to engage and exchange information. During the reporting period, British Columbia and the Maa-nulth First Nations concluded negotiations of this Reasonable Opportunity Agreement and the Parties anticipate it will be signed in the next reporting period.
Where national parks and marine conservation areas are wholly or partly within traditional territories, the Maa-nulth First Nations retain rights to gather plants or timber for medicinal, ceremonial or artistic purposes, and to trap fur-bearing mammals or hunt migratory birds and land mammals for Domestic Purposes.
The Pacific Rim National Park Reserve (PRNPR) overlaps with the territories of four of the Maa-nulth First Nations (Huu-ay-aht, Toquaht, Uchucklesaht, and Yuułuʔiłʔatḥ). During the reporting period, the implementation of an Agreement Concerning Cooperation in the Planning and Management of PRNPR began between Parks Canada and these four Maa-nulth First Nations. The Agreement, as provided for under the Treaty, takes the place of consultation on park planning and management under 23.10.1 of the Treaty. In addition, the Maa-nulth First Nations and Parks Canada continued to negotiate the terms of the Maa-nulth Permit (also known as the Parks Harvest Permit) contemplated in 23.6.0 of the Treaty.
Provincial Parks & Protected Areas
On the Effective Date, British Columbia established the Power River Watershed Protected Area, located adjacent to Mquqwin/Brooks Peninsula Park and Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations Lands at the Power River Estuary, and the Thunderbird’s Nest/T’iitsk’in Paawats Protected Area, located on the western shore of Henderson Lake. Prior to the Treaty, in December 2006, British Columbia and the Maa-nulth First Nations entered into a Memorandum of Understanding (MOU) for management of provincial protected areas (Parks, Ecological Reserves, and Protected Areas). This MOU provided the framework for the establishment of two committees: one with BC Parks and the Ka:’yu:’k’t’h’/ Che:k’tles7et’h’ First Nations (KCFN) for the Management of Provincial Protected Areas within their domestic harvest area, and one with BC Parks and Uchucklesaht Tribe for the Management of Provincial Protected Areas within their domestic harvest area.
KCFN/BC Parks Committee
BC Parks and KCFN continued to collaborate on the development of a management plan for Mquqwin/Brooks Peninsula Park and Power River Watershed Protected Area (a single management plan encompassing both provincial protected areas). Ongoing discussions included Park Use Permits and preliminary work for volunteer activities, Ecological Reserve Warden, and beach cleanup activities. In addition, the BC Parks and KCFN:
- held a Community Meeting at Houpsitas Community Hall for management planning and community information/outreach;
- reviewed the draft Management Plan, which included management direction proposed as a result of a previous cultural study completed in 2011;
- conducted field reviews and visits to Rugged Point, Tahsish Kwois and Dixie Cove Parks, and Checkleset Bay Ecological Reserve.
Uchucklesaht/BC Parks Committee
BC Parks and Uchucklesaht Tribe undertook the following activities:
- conducted field reconnaissance at T’iitsk’in Paawats/Thunderbird’s Nest Protected Area;
- compiled cultural history information and created a map of culturally significant sites within T’iitsk’in Paawats/ Thunderbird’s Nest Protected Area (through a $3,000 contract issued by BC Parks to the Uchucklesaht Tribe);
- ontinued collection of background information and site knowledge for the development of a management plan for T’iitsk’in Paawats/Thunderbird’s Nest Protected Area;
- discussed developing signage relating to the Protected Area.
Fisheries have been central to the health and well-being of the Maa-nulth First Nations for countless generations. However, fisheries resources are not limitless. The amount of fish which may be caught under an Aboriginal right to fish remains contentious for many First Nations in British Columbia. For the Maa-nulth First Nations, their Treaty sets out allocations to fish for food, social, or ceremonial purposes (Domestic Purposes) for some specific species. Each Maa-nulth First Nation Fishing Right is limited by measures necessary for conservation, public health, or public safety. This fishing takes place in nonexclusive Domestic Fishing Areas outlined in the Treaty. The Treaty also sets out how the Maa-nulth First Nations governments will designate the individuals to fish for their communities’ needs, and issue documentation clearly identifying designated persons and vessels.
Maa-nulth First Nations commercial fisheries allocations are not protected by the Treaty. Instead, provisions for commercial fisheries are set out in a Harvest Agreement negotiated at the same time as the Treaty. The Harvest Agreement sets out a number of commercial licences for the Maa-nulth First Nations that may be renewed in perpetuity. Under specified circumstances, Canada and British Columbia are required to compensate the Maa-nulth First Nations if Harvest Agreement licences are cancelled. Separate from both the Harvest Agreement and the Treaty, Canada also made individual payments to each Maa-nulth First Nation on the Effective Date, totaling $4 million, for purchasing commercial fisheries licences from willing sellers. British Columbia contributed $150,000 toward the purchase of commercial licences.
Canada issued commercial fishing licences to the Maa-nulth First Nations. Separate licences were issued to Uchucklesaht Tribe for the harvest of Henderson Lake sockeye by commercial gill-net vessel. Amended licences for Henderson Lake sockeye were issued as the harvest season progressed. Updates were provided to Canada’s Department of Fisheries and Oceans (DFO) relating to catch and harvest issues. There were no significant issues regarding Harvest Agreement activities.
Joint Fisheries Management
Prior to the Treaty, the Maa-nulth First Nations sought greater control over how fisheries were conducted in their traditional harvest areas. Under the Treaty, final authority over fisheries remains with the relevant federal or provincial Minister. However, the Treaty requires the Parties to establish a Joint Fisheries Committee (JFC) for co-management of the Maa-nulth First Nations domestic fisheries and coordination with commercial, recreational, and other Aboriginal fishing. The JFC includes one member from each Maa-nulth First Nation, Canada, and British Columbia. The Maa-nulth First Nations and DFO provide alternating chairs. The Maa-nulth First Nations chair is in addition to the members from each individual Maa-nulth First Nation.
The (JFC) held two formal meetings. In its third year, the JFC again directed the Joint Fisheries Technical Committee (JFTC) in technical review and analysis through a "Work Plan." Among the matters discussed included a review of an Enforcement Plan, confirmation of the Maa-nulth First Nations Account for harvested species, further work on the Fisheries Operations Guidelines (FOG) Supporting Document, contracting of the Maa-nulth First Nations in catch monitoring and escapement surveys, and review of the vessel designation process.
The Maa-nulth First Nations continued to participate on the Area 23 Salmon Harvest Committee to discuss harvest options for Somass and Henderson Lake sockeye. The Maa-nulth First Nations informed the committee of intended harvest plans, allowing other harvest sectors the opportunity to plan their fisheries appropriately, giving proper priority to the Maa-nulth First Nations Domestic harvest.
The Parties worked on a FOG Supporting Document with sections for JFC operating procedures, bi-valve shellfish, groundfish, catch monitoring and reporting, enforcement and (salmon) stock assessment in order to integrate the Maa-nulth First Nations fisheries with regional fisheries planning objectives. The FOG parent document was adopted by the JFC during the previous reporting period. The bi-valve shellfish section of the FOG Supporting Document was adopted with edits during the reporting period.
Further discussions were held at Joint Fisheries Technical Committee (JFTC) meetings on integrating stewardship and capacity building references into the FOG Supporting Document. This approach was confirmed and references to stewardship and capacity building will be integrated into the document at a later date.
DFO issues an annual Harvest Document that sets out conditions for harvest of five species of Pacific Salmon, herring, halibut, rockfish, groundfish, sablefish, inter-tidal bivalves, and unallocated species. As well as the allocation for each type of fish, the document describes requirements and limitations for fishing dates and times, fishing gear, and catch reporting. The Harvest Document includes conditions for fishing unallocated species, that is, species for which there is no pre-determined harvest limit. These species include anemones, chitons, Dungeness and Red Rock crab, snails, and sea urchins.
DFO issued a single comprehensive Harvest Document for all five Maa-nulth First Nations to harvest for Domestic purposes within the Domestic Fishing Areas set out in the Treaty. Amended Harvest Documents were provided to the Maa-nulth First Nations subsequent to a request to harvest terminal chum stocks in Kyuquot Sound by commercial gill-net vessel.
Overview: 2013-2014 Fisheries Season
Under the Treaty, the Maa-nulth First Nations agree to track and provide DFO with catch data for fish harvested for Domestic Purposes. During the fishing season, the Maa-nulth First Nations report weekly harvest information to Canada through the Maa-nulth Electronic Reporting Program (MERP). Minor reporting delays and other issues are discussed and resolved at the JFC. The Treaty provides for the Maa-nulth First Nations governments to designate specific individuals and vessels in their communities, as authorized, to harvest under the treaty right to fish for domestic needs. Documentation proving these designations must be carried or shown for regulatory processes.
While no significant issues were reported regarding Maa-nulth First Nations documentation, a change was recommended for the Vessel Designation Form to include space for inclusion of the Maa-nulth First Nations Harvest Flag number. Several non-Maa-nulth First Nations vessels were designated to assist with harvest of Somass River sockeye in Alberni Inlet and Barkley Sound and for groundfish harvest in offshore waters of the Maa-nulth Domestic Fishing Area (MDFA).
The Maa-nulth First Nations allocations for Fraser River and Somass River sockeye are abundance-based. In-season run-size revisions can affect these allocations. During the salmon fishing season, advice was provided to the Maa-nulth First Nations on a regular basis regarding abundance-based allocations. The attempted harvest of Fraser River sockeye by the Maa-nulth First Nations in the southern MDFA met with little success. The Maa-nulth First Nations proposed a review of harvest opportunities for Fraser River sockeye for the 2014-2015 reporting period with options for harvest outside the MDFA.
Consultation took place between Canada and the Maa-nulth First Nations on potential Hagfish fisheries in MDFAs. The fishery remained in the experimental phase during the reporting period. The Maa-nulth First Nations indicated a strong interest in participating in any future commercial fisheries. The Maa-nulth First Nations advised the Minister directly that they were concerned with DFO’s lack of proper consultation. DFO responded to the concerns of the Maa-nulth First Nations.
An underage of 50 Terminal Chinook was identified by the Maa-nulth First Nations and agreed to by DFO. As the Sockeye harvest balanced out between stocks, no underage was requested.
|Species||Stock||Entitlement||Totals||Unit||% of Ent||Toquaht||Huu-ay-aht||Uchucklesaht||Yuułuʔiłʔatḥ||KCFN|
|Sockeye Salmon||Fraser Sockeye||422||57||Pcs||13.5||0||7||50||0||0|
|Sockeye Salmon||Henderson Sockeye||604||500||Pcs||82.8||0||174||11||169||146|
|Sockeye Salmon||Somass Sockeye||11,375||11,522||Pcs||101.3||723||3,301||920||5,704||3,149|
|Sockeye Salmon||Power Lake Sockeye||240||0||Pcs||0.0||0||0||0||0||0|
|Chinook Salmon||Ocean Chinook||3,927||1,721||Pcs||43.8||3||937||354||302||125|
|Chinook Salmon||Terminal Chinook||200||63||Pcs||31.5||0||29||0||16||18|
|Coho Salmon||Ocean Coho||7,000||1,333||Pcs||19.0||0||636||420||186||91|
|Coho Salmon||Terminal Coho||3,630||520||Pcs||14.3||31||260||32||44||153|
|Pink Salmon||Pink Salmon||3,625||173||Pcs||4.8||0||53||99||0||21|
|Sablefish (Black Cod)||3,601||693.72||Lbs||19.3||0.00||0.00||154.72||539.00||0.00|
|Species||Stock||Entitlement||Totals||Unit||% of Ent||Toquaht||Huu-ay-aht||Uchucklesaht||Yuułuʔiłʔatḥ||KCFN|
|Sockeye Salmon||Henderson Sockeye||329||323||Pcs||98.2||0||0||323||0||0|
|Species||Catch Unit||Huu-ay-aht||KCFN||Toquaht||Uchucklesaht||Yuułuʔiłʔatḥ||Grand Total|
|Crab, Red Rock||Pcs||71||71|
|Mussels, Blue||5 Gallon Bucket||10||10|
|Steelhead (Rainbow Trout)||Pcs||22||21||2||1||80||65|
|Species||Catch Unit||Huu-ay-aht||KCFN||Toquaht||Uchucklesaht||Yuułuʔiłʔatḥ||Grand Total|
|Clam, Manila||5 Gallon Bucket Lbs||213||2||215|
|Oysters||5 Gallon Bucket Lbs||240||16||256|
Since time immemorial, the Maa-nulth First Nations assert that they have governed their lands, resources, and peoples in accordance with their practices and traditions. In 1995, Canada recognized First Nations’ right to govern themselves with the publication of its Inherent Right Policy. Discussions between the Maa-nulth First Nations, Canada, and British Columbia culminated in the recognition and affirmation of that inherent right to self-government in the Maa-nulth First Nations Final Agreement (the "Treaty"), signed in 2009. For the first time in modern history, the Maa-nulth First Nations have recognized legal authority within the Canadian constitutional framework to govern their own affairs.
On the Effective Date, the Indian Act ceased to apply to the Maa-nulth First Nations, except for determining whether an individual is an Indian and the administration of certain estates. The Treaty Settlement Lands are not governed under the Indian Act. Maa-nulth First Nations became the legal entities who hold title, including subsurface resources, and governing authority over these lands.
The Maa-nulth First Nations now own and govern their Treaty Settlement Lands; share in the wealth of resources extracted from their traditional territories; and have legislative tools to strengthen their language, culture, and heritage.
The Treaty ensures that individuals ordinarily resident on Treaty Settlement Lands who are not citizens of the Maa-nulth First Nations will be consulted by the Maa-nulth First Nations’ governments on decisions that directly and significantly affect them.
Maa-nulth First Nations Constitutions
A return to self-government for the Maa-nulth First Nations has not meant a complete return to traditional governance practices. Traditions have been combined with modern concepts of representative democracy and the rule of law. While the Treaty stipulates that a majority of each Maa-nulth First Nation government must be elected, each government may also include representation from its Ḥaʔwiiḥ (hereditary chiefs). This ensures that the wise counsel of the Ḥaʔwiiḥ can form part of the governing structures and connect modern Maa-nulth First Nations governments with their past.
The Treaty requires that each Maa-nulth First Nation will have a constitution that provides for democratically- elected government with a system of financial administration, accountability, and conflict of interest rules, to standards generally accepted for governments in Canada. Through elected bodies, the Maa-nulth First Nations exercise law-making authorities in accordance with the Canadian Charter of Rights and Freedoms, the Treaty, and their own constitutions. The Treaty recognizes the constitution of each Maa-nulth First Nation ratified by its citizens before the Effective Date. Those constitutions establish the structures and powers of government for each Maa-nulth First Nation.
The law-making powers of the Maa-nulth First Nations governments are limited by the division of legislative authority within the Canadian federal system. Through the Treaty, the Parties agree that the Maa-nulth First Nations have power to make laws over their Treaty Settlement Lands, the operation of their governments, taxation, culture and heritage, adoption, education, health and social services. Federal and provincial laws continue to apply on Treaty Settlement Land. In the event of a conflict between a Maa-nulth First Nations law and a federal or provincial law, the Treaty includes conflict of law provisions. Broadly, Maa-nulth First Nations laws will prevail for matters internal to their communities and integral to their Aboriginal culture. Each Maa-nulth First Nation has enacted a number of laws, described later in this report.
Government Programs & Services
The Treaty enabled Canada and British Columbia to transfer to the Maa-nulth First Nations the responsibility for delivery of agreed-upon programs and services for Indians, together with the related program funding.
On the Effective Date, each Maa-nulth First Nation entered into a separate Fiscal Financing Agreement (FFA) with Canada and British Columbia. These Agreements set out the existing government programs that, after the Effective Date, the Parties agree are to be delivered by the Maa-nulth First Nations governments instead of by federal or provincial departments. The corresponding federal or provincial funding for these agreed-upon programs is combined into a single FFA Block Fund, and paid to the Maa-nulth First Nations governments each year. That Aboriginal government, instead of Canada or British Columbia, assumes responsibility for the delivery of these programs.
Each Maa-nulth First Nation is responsible to deliver FFA programs and services to all Indians residing on its Treaty Settlement Lands. Block Funding permits each Maa-nulth First Nation to be flexible in determining where it directs its fiscal resources. Provided that the terms and conditions for the Block Funding transfers are met, each Maa-nulth First Nation may customize programs for its community’s needs, and reallocate funding between programs. Each Maa-nulth First Nation government may retain any unspent surplus at the end of the fiscal year.
Each Maa-nulth First Nation remains eligible to participate in or benefit from federal and provincial programs for Aboriginal people, according to program criteria, where that Maa-nulth First Nation did not assume responsibility for the program and receive corresponding funding in its FFA. Applications to programs by Maa-nulth First Nations are subject to the same program criteria as other applicants.
A longstanding issue of concern for the Maa-nulth First Nations has been the return of important cultural objects. The Treaty recognizes this and ensures that many Maa-nulth First Nations artifacts will be returned from collections in the Canadian Museum of History (formerly the Canadian Museum of Civilization) in Ottawa, the Royal BC Museum in Victoria, or at Parks Canada sites. Other artifacts of the Maa-nulth First Nations may be held in federal or provincial museums under custodial agreements negotiated with the appropriate Maa-nulth First Nation.
The Parties previously had determined that there were a number of errors in the lists of Maa-nulth First Nations Artifacts in the Treaty. The Parties signed Artifacts Identification Agreements (AIAs) setting out the necessary revisions. The Treaty is deemed to have been amended through these AIAs.
Under the Treaty, the Parties agreed that tax exemptions for Indians as set out in the Indian Act would be phased out for citizens of the Maa-nulth First Nations. Exemption from transaction taxes will cease on May 1, 2019 and exemption from income and all other taxes will cease on January 1, 2024. During the transition period, tax exemptions remain available to Indians who are citizens of the Maa-nulth First Nations as they were prior to the Treaty.
Outside of the Treaty, the Maa-nulth First Nations may develop stable sources of revenue by negotiating tax-sharing agreements with Canada or British Columbia. Tax sharing agreements could include transaction taxes, personal income taxes, or real property taxes. A tax sharing agreement may also provide the Maa-nulth First Nations with the authority to tax persons on their Treaty Settlement Lands who are not Maa-nulth First Nations citizens.
On the Effective Date, each of the Maa-nulth First Nations entered into a Real Property Tax Coordination Agreement with British Columbia. As of the reporting period, all of the five Maa-nulth First Nations have assumed jurisdiction over real property taxation.
Canada and British Columbia remain willing to negotiate additional tax sharing agreements for personal income tax and sales tax in the future. On the Effective Date, a Tax Treatment Agreement (TTA) — which had been negotiated by Canada, British Columbia, and the Maa-nulth First Nations to set out a number of technical taxation rules — was given force and effect under federal and provincial settlement legislation. During the reporting period, the Parties negotiated amendments to the TTA to reflect British Columbia’s change from providing refunds under the provincial Social Services Tax Act (repealed) to providing refunds under the Provincial Sales Tax Act. All Parties signed the Amendment Agreement during the reporting period. The Tax Treatment Agreement was amended effective April 1, 2013.
Non-Member residents on Treaty Settlement Lands did not experience any changes in their tax burden as a result of the Treaty during the reporting period.
The Treaty allows the Parties a fresh start with a new government-to-government relationship based on mutual respect and collaboration. Treaty implementation includes all the activities required to comply with, or give effect to, all the provisions in the Treaty. Therefore, the treaty implementation phase has no end date and requires ongoing coordination among the Parties. Through the Treaty, the Parties are provided with tools to facilitate implementation and the new relationship.
Regional District Membership
The Treaty enables the Maa-nulth First Nations to join the appropriate regional district on the ten-year anniversary of the Treaty or by providing notice to the regional district and British Columbia before the anniversary date. Yuułuʔiłʔatḥ and Huu-ay-aht joined the Alberni-Clayoquot Regional District (ACRD) on April 1, 2012. These nations have found that ACRD membership is an important first step in being consulted and involved in regional decisions that affect their citizens.
Uchucklesaht Tribe became a member of the Alberni-Clayoquot Regional District.
To facilitate the new government-to-government relationship, the Treaty requires the Parties to form a Treaty Implementation Committee. The committee is comprised of one member for Canada, one for British Columbia, and a single member to represent the five Maa-nulth First Nations. Committee members attempt to resolve implementation issues as they arise, assist the Parties to meet their individual and shared obligations under the Treaty, produce an annual report, and coordinate implementation with internal agencies. The Implementation Committee is designed to deal with the inevitable challenges of this new relationship.
The Treaty also obligates the Parties to jointly produce an annual report on activities undertaken each year to give effect to, or comply with, the provisions of the Treaty.
During the reporting period, the Parties held a total of three Implementation Committee meetings at the following locations: Victoria (June 20, 2013), Nanaimo (September 16, 2013), and Port Alberni (February 11, 2014). In addition, the Parties worked together to produce the 2012-2013 implementation report, which is available in both printed form and electronic format.
Enforcement of Maa-nulth First Nations Law
The Treaty establishes that each Maa-nulth First Nation is responsible for enforcement of laws passed by its legislative body. However, the Treaty allows for the Parties, at their discretion, to enter agreements on the enforcement of Maa-nulth First Nations laws.
Community Tripartite Agreements between Canada, British Columbia, and the five Maa-nulth First Nations were drafted. In accordance with these agreements, each Maa-nulth First Nation will work with the RCMP to develop priorities, tools, and strategies related to policing and effective crime preventions in their communities.
In addition, the following activities were undertaken.
- Letters of Expectation (LOEs) between each of the Maa-nulth First Nations and British Columbia’s Ministry of Environment, Conservation Officer Service were approved during the reporting period and became effective April 1, 2014. The LOEs detail business processes, including fee for service cost allocation and responsibilities for each of the signatory parties.
- British Columbia signed the Natural Resource Sector Enforcement Framework Agreement, which the Maa-nulth First Nations had signed in the previous reporting period.
- The West Coast Conservation Officer Service investigated two files under Yuułuʔiłʔatḥ laws, one under the Resource Harvesting Act and one under the Environmental Protection Act.
- LOEs were signed by the Maa-nulth First Nations and British Columbia’s Ministry of Forests, Lands and Natural Resource Operations, Compliance and Enforcement Branch.
- The Maa-nulth First Nations established an Enforcement Advisory Committee and identified representatives to act on behalf of member nations. These representatives will act in an advisory capacity to provincial law enforcement agencies that will assist in enforcing laws of the Maa-nulth First Nations. The Enforcement Advisory Committee is responsible for authorizing provincial enforcement officials to enforce the respective Maa-nulth First Nation laws, and engage in orientation and training for those British Columbia enforcement officials regarding traditions, cultures, and legislative priorities of each of the Maa-nulth First Nations.
- Two representatives from the Maa-nulth First Nations participated in a four-day confrontation management training session in Port Alberni delivered to all West Coast Natural Resource Officers (NROs). It is anticipated that cultural orientation training for NROs will occur during the next reporting period. Until these officers carry appropriate authorization, as prescribed under the laws of the Maa-nulth First Nations, their role will be limited to reporting and recording activities to respective Maa-nulth First Nations contacts.
The Treaty requires the governments of British Columbia and each of the Maa-nulth First Nations to enter agreements to delegate, from the provincial to the Maa-nulth First Nations governments, law-making authorities regarding the foreshore that are comparable to the powers of municipalities. These Foreshore Agreements provide the Maa-nulth First Nations governments with jurisdiction over foreshore adjacent to their Treaty Settlement Lands (on average 200 metres from the high water mark), allowing them to regulate matters on the shoreline, such as nuisances, construction and development, business, and land use. British Columbia and the Maa-nulth First Nations entered the original Foreshore Agreements on the Effective Date.
British Columbia and the Maa-nulth First Nations finalized the amendments to the Foreshore Agreements, which were signed and dated December 3, 2013. These amendments were negotiated and made in accordance with 13.10.4 and 14.5.2b.v. of the Treaty to ensure that the law-making authority delegated by British Columbia to the Maa-nulth First Nations over foreshore adjacent to their Treaty Settlement Lands is comparable to the law-making authority of a municipality as contemplated in 14.5.2b. of the Treaty. Thirteen additional lawmaking authorities are delegated to the Maa-nulth First Nations under the amended Foreshore Agreements. As well, the amended Foreshore Agreements provide that the processes required to enact laws regarding the foreshore are the same as the lawmaking processes on the adjacent Treaty Settlement Land, as set out in the laws of the applicable Maa-nulth First Nation.
In addition to the transfer of land, the Treaty provides for payment of Capital Transfers to each Maa-nulth First Nation totaling $96.7 million. At the same time, the Maa-nulth First Nations are required to repay loans totaling $19.2 million from Canada, taken to negotiate the Treaty. These payments and loan repayments are made in ten installments, over a nine-year period, as set out in schedules within the Treaty. On April 1, 2013, Canada made the third installment of Capital Transfer payments totaling $10.1 million to the Maa-nulth First Nations, while the Maa-nulth First Nations paid $1.89 million to Canada as loan repayments.
|Nation||British Columbia's Resource Revenue Contribution||British Columbia's FFA contribution|
|Nation||Capital Transfer1||FFA Block Funding||FFA Time Limited Funding2||Resource Revenue3||Total Payments by Canada|
1. Total of Capital Transfers paid in unequal installments over ten years will be about $96.7m.
2. Total of federal Time Limited Funding paid in unequal installments over eight years will be about $47.8m.
3. Canada and British Columbia each pay half of the Resource Revenue amounts.
|1. Total negotiation Loan Repayments over ten years will be about $19.2m.|
*This summary is to be considered general financial information (not reporting information).
Payment of Resource Revenues
The Treaty provides for sharing of government revenues from forest resources on Maa-nulth First Nations traditional lands. Since the Effective Date of the Treaty, British Columbia and Canada have made annual resource revenue sharing payments to each Maa-nulth First Nation. These annual payments will continue until 2035. The payments are calculated as a percentage of stumpage invoiced by British Columbia from logging in the relevant Forest Districts for the previous fiscal year. Each Maa-nulth First Nation receives a payment in proportion to that nation’s forested lands, according to formulae set out in the Treaty.
Canada and British Columbia jointly paid resource revenues to the Maa-nulth First Nations totaling $903,051.
The Treaty requires the Parties to negotiate agreements that describe their financial relationships. Each Maa-nulth First Nation, Canada, and British Columbia agree that every eight years (or other agreed upon period) they will negotiate and attempt to reach agreement on Fiscal Financing Agreements (FFA). The five FFAs entered into on the Effective Date expire on March 31, 2019. If the Parties do not reach agreement on subsequent FFAs before March 31, 2019, the current FFAs will continue in effect for an additional two years or such other period as the Parties may agree, whichever is earlier. Each FFA describes the amount, nature, and duration of federal and provincial transfers to each Maa-nulth First Nation and the responsibilities of each Party.
Transfers paid to the Maa-nulth First Nations to support them in the delivery of agreed-upon government programs and services were $11.6 million by Canada and $150,000 by British Columbia. In addition, each FFA calls for payment by Canada to the Maa-nulth First Nation, in eight annual installments, of Time Limited Federal Funding, the majority of which is to be used to establish an income-generating fund to support treaty implementation activities that are distinct from government programs and services. During the reporting period, Canada transferred an amount of $13.2 million to the Maa-nulth First Nations as the third installment of Time Limited Federal Funding.
It is Canada’s policy that federal funding to support agreed-upon programs and services is the same for treaty First Nations as it is for Indian Act bands.
Own Source Revenue Agreements
On the Effective Date, each Maa-nulth First Nation entered a 20-year Own Source Revenue Agreement (OSRA) with Canada and British Columbia. The OSRA calculates the contribution that each Maa-nulth First Nation will make from its own source revenue towards the cost of agreed-upon programs and services in the FFA. As part of the transition to self-government, the Parties agreed that the Maa-nulth First Nations contributions for the first five years will be zero, after which contribution rates increase gradually over the next 15 years. The intent of the OSRAs is to decrease reliance on financial transfers from Canada and British Columbia as the Maa-nulth First Nations become more self-sufficient over time.
The Own Source Revenue Agreements require each Maa-nulth First Nation to provide an Own Source Revenue report to Canada and British Columbia within 120 days of the fiscal year end. These reports contain the calculation of the Own Source Revenue amount, if any, to be deducted from the Maa-nulth First Nations FFA transfer payments for programs and services.
|Invested Wealth Fund||9,664,121||3,407,165|
|Investments in government partnerships||284,687||162,663|
|Investment in government business entities||4,476,658||1,228,117|
|Total of financial assets||20,225,443||11,444,093|
|Accounts payable and accruals||529,222||411,427|
|Net financial assets||16,661,449||7,586,600|
|Aboriginal Affairs funding||9,584,293||9,548,058|
|Province of BC||247,428||244,304|
|Revenue from Nation owed Businesses||2,641,891||(406,446)|
|Finance and Government||2,730,946||2,354,522|
|Lands and Natural Resources||777,590||911,292|
|Public Works and Community Infrastructure||618,531||937,514|
|*All amounts are calculated based on March 31, 2014 consolidated audited financial statements.
* This summary is to be considered general financial information (not reporting information).
The Maa-nulth First Nations provide audits annually following Generally Accepted Accounting Principles.
|Investment in First Nation owned enterprises||284,792||5|
|Receivable from related parties||741,032|
|Total of financial assets||12,123,644||8,031,851|
|Accounts payable and accrued liabilities||541,560||372,105|
|Net Assets (Debt)||16,661,449||1,035,277|
|Tangible capital assets||5,619,062||5,122,477|
|Total Non-Financial Assets||6,264,559||5,850,505|
|Summarized Statement of Revenue and Expenses|
|Fiscal Financing Agreement funding||9,102,558||9,105,018|
|Social housing fund||293,070||309,655|
|Accumulated surplus, beginning of year||6,885,782||4,802,282|
|Accumulated surplus, end of year||11,864,825||6,885,782|
|*All amounts are in the March 31, 2014 audited financial statements or have been calculated from those statements. These statements are available to all Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations by appointment.
*This summary is to be considered general financial information (not reporting information). The Maa-nulth First Nations provide audits annually following Generally Accepted Accounting Principles.
|Goods and services tax recoverable||354,315||262,765|
|Advances to Related Parties||194,450||230,998|
|Total of financial assets||7,784,601||7,299,499|
|Wages and benefits payable||38,969||53,664|
|Funds Held in Trust||223,709||229,492|
|Net financial assets||5,819,783||4,656,233|
|Total Non-financial Assets||3,935,359||2,619,498|
|Equity in Trust Fund||2,122,237||1,762,088|
|Equity in Operating Fund||7,591,611||5,478,381|
|Equity in Enterprise Fund||41,294||35,262|
|Consolidated Statement of Operations & Accumulated|
|Aboriginal Affairs and Northern Development Canada||3,132,212||4,340,466|
|Province of BC||924,899||40,597|
|Total Surplus Revenue||4,801,430||5,072,743|
|Excess of revenue over expenditures||2,479,411||3,066,124|
|Surplus at beginning of year||7,510,731||4,444,607|
|Surplus at end of year||9,990,142||7,510,731|
|*This summary is to be considered general financial information (not reporting information).
The Maa-nulth First Nations provide audits annually following Generally Accepted Accounting Principles.
|Restricted cash and investment||83,035||82,061|
|Sales taxes recoverable||322,481||260,204|
|Investments in other entities||(64,425)||(42,880)|
|Designated trust funds||2,939,935||1,882,432|
|Total of financial assets||9,246,865||8,340,278|
|Wages and benefits payable||30,771||44,552|
|Social housing liabilities||104,627||98,509|
|Net financial assets||6,932,668||5,250,627|
|Inventory held for resale||2,202||2,202|
|Tangible capital assets||3,550,196||1,961,463|
|Total Non-financial Assets||3,567,130||1,979,133|
|Consolidated Statement of Operations|
|Fiscal Financing Agreement and treaty-related funding||3,834,804||5,842,461|
|Accumulated surplus, beginning of year||7,229,760||2,779,043|
|Accumulated surplus, end of year||10,499,798||7,229,760|
|*Consolidated Statement of Financial Position.
* This summary is to be considered general financial information (not reporting information).
The Maa-nulth First Nations provide audits annually following Generally Accepted Accounting Principles.
|Cash and current assets||$1,654,036||$1,082,376|
|Other long-term receivables||204,723||262,358|
|Total of financial assets||26,658,517||20,003,596|
|Bank indebtedness and current liabilities||4,918,906||1,872,293|
|Funds held in trust|
|Net financial assets||15,859,715||12,150,245|
|Total Non-financial Assets||16,200,915||10,863,203|
|Operations and Accumulated Surplus|
|AANDC (incl FFA and targetted)||11,875,095||10,256,514|
|Social Housing Fund||290,054||287,448|
|Excess (deficiency of revenue over expenditures||8,342,348||5,568,860|
|Accumulated surplus, beginning of year (as restated)||19,910,523||14,341,663|
|Accumulated surplus, end of year||28,252,871||19,910,523|
|Accumulated changes in contributed equity/prior period||3,807,759||3,102,925|
|*Compiled from the March 31, 2014 audited financial statements.
* This summary is to be considered general financial information (not reporting information).
The Maa-nulth First Nations provide audits annually following Generally Accepted Accounting Principles.
Located south of Barkley Sound, Huu-ay-aht First Nations Treaty Settlement Land includes 1,077 hectares of former reserves and 7,181 hectares of former Provincial Crown Lands. The village of Anacla is approximately six kilometres from the town of Bamfield. The Huu-ay-aht First Nations include more than 700 enrolled citizens with 100 citizens living on Huu-ay-aht First Nations Land and the rest living away from home.
Governance Huu-ay-aht Government consists of an elected Chief Councillor, five elected Councillors, and an appointed Ḥaw̓ iiḥ (Hereditary Chief). An Executive Council oversees day-to-day operation of government while the Legislature passes laws. Huu-ay-aht Government is democratic, transparent, and responsible, and seeks to separate politics from both business and administration.
During the reporting period, Huu-ay-aht Government saw a significant growth in its capacity. In addition, a new Strategic Plan and set of values was developed to help guide government planning and operation. These values include: respect, trust, effective communications, support, health, and professionalism. Huu-ay-aht Government organizational structure was also refocused on results, service delivery, and internal teamwork. Both the Strategic Plan and values will help Huu-ay-aht Government and Administration use the tools of the Treaty in a way that continues to create and promote success for current and future generations.
In determining the 2014-2017 Strategic Plan, Executive Council reviewed the successes and challenges that the organization has faced, the opportunities that exist in the region and province, and the feedback from the Huu-ay-aht Staff Survey and the Huu-ay-aht Values Survey (for all citizens). When setting strategic goals, Executive Council members took into consideration the Treaty; their mandate as elected and hereditary leaders; issues facing citizens, Huu-ay-aht Government, Administration, and Huu-ay-aht businesses; and best practices. The outcome was the identification of five "posts" to support the Nation now and in the future, and the adoption of following long-term goals.
In 20 years:
- Our People will be free from the negative effects of colonization;
- Our Children will grow up safe, healthy, connected to the community, and exemplify Huu-ay-aht values;
- Our Home will be a safe, healthy, and appealing place where half our people choose to live;
- Our Land will continue to provide sustainable wealth that respects the Huu-ay-aht value of conservation;
- Our Economy will be operated sustainably, will be the major employer in the region, and will be the major source of revenue for the Nation.
Under the plan, Huu-ay-aht Government senior management will focus on communication, children and families, integrated culture and values, infrastructure, natural resources, and trade in order to achieve short-, mediumand long-term goals.
During the reporting period, the Huu-ay-aht Legislature enacted the following legislation:
- Budget Act 2014;
- Government Act, Amendment Act, 2014;
- Financial Administration Act, Amendment Act, 2014.
Citizen Development Committee
Huu-ay-aht’s Citizen Development Committee advises Executive Council on social issues, such as employment, education, addiction, and housing. During the reporting period, the committee:
- established the Crisis Grant Policy, which is designed to provide one time assistance (per fiscal year) to Huu-ay-aht citizens experiencing unforeseen hardship or crisis;
- created a Child and Family Services department and hired a coordinator responsible for supporting children and families who become involved with the child protection system, and building stronger families through prevention, education, and connections to extended family;
- began planning for a language- and culture-focused early learning program, similar to the Anacla Paawats model, in Port Alberni;
- entered negotiations for the Usma Protocol Agreement to allow Huu-ay-aht Government more input and communication regarding children in Usma care, and to focus on prevention while holding Usma more accountable (the Usma Program operates under the auspices of the Nuu-chah-nulth Tribal Council, which
- is party to a Delegation Agreement with Canada and the Director of Delegated Agencies);
- began planning a youth culture camp for Huu-ay-aht youth, as well as a youth conference for young adults;
- partnered with universities, including the University of British Columbia and Queens University, to conduct important research related to treaty implementation;
- partnered with the Huu-ay-aht Development Corporation and Western Forest Products to help more Huu-ay-aht citizens gain employment in the forestry sector.
Implementation Committee The Huu-ay-aht Treaty Implementation Committee (HTIC) provides a forum to discuss successes and challenges of the implementation of the Treaty with Huu-ay-aht public officers while ensuring that the benefits of the Treaty improve the lives of citizens. The committee will also create and implement a system to measure the success of the Treaty.
To guide its actions in both the short and long term, the committee created an implementation strategy and addresses each of the following items every time it meets:
- Huu-ay-aht Benefits List;
- Implementation Challenges;
- Huu-ay-aht Implementation Work Plan;
- Maa-nulth First Nations Treaty 15-Year Review Indicators.
During the reporting period, through its Finance Committee, Huu-ay-aht Government was able to balance its budget one year earlier than expected. The committee undertook a number of projects, including:
- continued negotiations for the purchase of the new Port Alberni Huu-ay-aht Government Office;
- investigated the purchase of a building to house the Paawats childcare centre;
- implemented a new method of budgeting revenues where total expected revenues are not detailed before the Budget Act is passed.
The committee also worked to get costs under control, costs that were still influenced by pre-Treaty urgency, such as: consultant fees, legal fees, and related contract costs.
Invested Wealth Fund & Settlement Trust
Huu-ay-aht Government established a Huu-ay-aht Settlement Trust and an Invested Wealth Fund. The Huu-ay-aht First Nations Financial Administration Act directs that the Finance Committee oversee the management of the Huu-ay-aht Invested Wealth Fund (IWF) and is the Trustee for the Huu-ay-aht Settlement Trust (HST). Both the IWF and the HST are managed by a professional investment firm selected after an open and competitive solicitation process. The IWF holds the Time Limited Treaty funds, which are being saved for future generations. Interest generated on the fund is being used to fund government programs and services. The HST was created to hold, protect, and nurture Treaty Capital Transfers and Resource Revenue payments for the benefit of Huu-ay-aht First Nation and its citizens.
Lands & Natural Resources
Huu-ay-aht Government is working to complete treaty implementation of the land management framework for residential and non-residential interests; ensure full allocations of food, social and ceremonial fish are harvested; establish a licensing framework for cultural interpreters; and pursue acquisition of pre-approved Treaty lands, including Diana Island, and conversion of private lands to TSL status.
During the reporting period, Huu-ay-aht Government engaged in preliminary discussions on the strategies for development on Huu-ay-aht Treaty Settlement Lands (TSL). The 20-year strategic plan takes into account over half of Huu-ay-aht citizens choosing to live at home on TSL—a challenging goal that requires Huu-ay-aht Government to fully prepare for a wide range of development opportunities.
The Huu-ay-aht Lands Committee also met with other committees to discuss the Economic Development Plan and various business opportunities that relate to TSL.
In addition to joint Maa-nulth First Nations fisheries activities and reporting, Huu-ay-aht’s Fisheries Committee also participates in the Uu-a-thluk (ʔuuʔałuk) Council of Ḥaw̓ iiḥ. The Fisheries Committee works to ensure Huu-ay-aht Government meets its treaty obligations and fisheries allocations. During the reporting period, additional budget resources were allocated to support the food fish program, including funding from the shared Geoduck licence administered by Nuu-chah-nulth Tribal Council (NTC) Fisheries. During the next reporting period (2014-2015), the food fish budget will be increased from $40,000 to $67,000.
Cooperative Parks Management
Huu-ay-aht Government works with Parks Canada on a Cooperative Parks Management Board. During the reporting period, Huu-ay-aht Government continued to develop and protect the Kiixʔin National Historic Site. Although the deadline for the National Cost Sharing Program was not met during the reporting period, the application was updated and prepared for the next opportunity. Steelhead LNG contributed $25,000 to the project. The Cooperative Parks Management Board will decide where this donation will best be utilized.
Huu-ay-aht Economic Development
Huu-ay-aht Economic Development Committee manages Huu-ay-aht Government’s role in economic development. Committee members are also members of the Board of Directors of the Huu-ay-aht Development Corporation, which oversees the operation of Huu-ay-aht commercial enterprises, such as forestry and the Pachena Bay Campground and Gravel Pit. The Economic Development Committee works to create profitable businesses to provide revenue to the government for maintaining, increasing, and expanding government programs and services, and to further enhance economic opportunities for its people by creating reliable job opportunities when they are justified in a profitable business.
During the reporting period, the Huu-ay-aht Economic Development Committee and Development Corporation collaborated in the development of the Huu-ay-aht Economic Development Plan. The plan includes legacy economic projects and business relationships (including the West Coast Trail, Pachena Bay Campground, Gas Bar, Bamfield Market and Café, Bamfield East Dock, and Gravel Pit), as well as newer opportunities (including Huu-ay-aht Forestry LP, Huu-ay-aht Fisheries LP, and Huu-ay-aht Lands LP). Projects currently in development include micro hydro, comprehensive tourism development, mineral cataloging and exploration, shellfish aquaculture, real estate, and communications infrastructure. Huu-ay-aht Government is investigating the potential of agriculture and livestock, power generation, fisheries and ocean resources, forestry and non-timber resources, mining and minerals, deep-sea port development, service provision to Huu-ay-aht and other governments. In addition, Huu-ay-aht Government continued to explore opportunities in relation to both container ship port development and/or a liquefied natural gas facility on Huu-ay-aht Treaty Settlement Lands.
The Huu-ay-aht Economic Development Committee is pleased to report that the timber harvest operation on Huu-ay-aht Treaty Settlement Lands was successful in its first year.
Huu-ay-aht is committed to improving the quality of communication between its government, administration, and citizens. During the reporting period, plans were in place for the creation of the Huu-ay-aht Communications Department. In the next reporting period, department staff will be hired and Huu-ay-aht Government will reinstate Uyaqḥmis, the Huu-ay-aht newspaper. The department will organize community engagement meetings, prepare materials to ensure citizens are informed, and organize Huu-ay-aht’s Home Visits Strategy, all of which aim to ensure citizens are more connected and have a variety of ways through which they can ask questions and receive information about their nation.
Public Works & Infrastructure
Highlights the major capital projects undertaken by Huu-ay-aht Government during the reporting period include the following.
- Huu-ay-aht, in partnership with the Bamfield Marine Station, began discussions on land and operations for a new sewer system.
- A feasibility study was completed for a bridge across the Pachena River connecting the two sides of the community.
- Phase II of the Anacla Triplex renovation (a second unit) was completed.
- Subdivision Phase I: Nookemus Road, including the main access road to the House of Huu-ay-aht and Office, was upgraded.
- Planning for additional burial space for Huu-ay-aht citizens continued. Two options were identified, either extending the current Sarita site, or the development of a new location.
- Discussions regarding the Bamfield/ Anacla Pedestrian Path Project continued. This project aims to provide a safe walking/cycling area between the communities. Several stakeholder groups were included in the Community Accord process.
Liquefied Natural Gas Project
During the reporting period, Huu-ay-aht Government was introduced by the Port Alberni Port Authority to Steelhead LNG, a British Columbia-based liquefied natural gas (LNG) company interested in building a LNG facility on Huu-ay-aht Treaty Settlement Lands. Discussions began on forming a partnership between the company and Huu-ay-aht.
Huu-ay-aht Programs & Services
Health & Human Services Department
Huu-ay-aht Government is committed to improving education and training opportunities for all citizens, especially youth, and to research and implement strategies to improve the emotional, social, and physical health of both citizens and staff. In pursuit of those goals, Huu-ay-aht’s Health and Human Services department offers the following services.
- Employment Incentives: offering support to get people back to work through on-the-job skills training.
- Family Violence Prevention: offering families activities to promote unity and togetherness.
- Indian Residential School Counseling: offering support for Residential School survivors.
- Social Assistance: providing for basic needs.
- Patient Travel Assistance: providing extra funds when needed.
- Support for recreational activities: promoting healthy living for adults, youth, and children.
- Paawats: providing no-charge childcare.
- Family Support: providing advocacy for families in the courts and child protection system.
- Education funding for post-secondary students.
- Funding provided for Trades, Vocational, and Technical programs.
Language & Culture
The successful Quuquuaca Language Society (QLS) Language program continued during the reporting period. Huu-ay-aht Government also maintained North Island College (NIC) Aboriginal Language Certification programming. Representatives from Huu-ay-aht were both teaching in the classroom and serving on the QLS board.
During the reporting period, the Ḥaw̓ iiḥ Council (of Hereditary Chiefs) continued to meet and apply Huu-ay-aht cultural practices in Huu-ay-aht Government programs, administration, and social life. Huu-ay-aht Government supported several citizens in continuing their language training through the Aboriginal Language Revitalization program at the University of Victoria and at the North Island College Gathering. In addition, Huu-ay-aht Government Staff facilitated basic language lessons at the Port Alberni and Anacla offices.
For more information, visit the Huu-ay-aht First Nations Webpage.
Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations (KCFN) is a confederacy, comprised of several chiefly families. KCFN Treaty Settlement Lands (TSL) include 6,299 hectares scattered throughout KCFN Traditional Territories on northwest coast of Vancouver Island. Of this total, 379 hectares were formerly KCFN Indian Reserve Lands. The combined citizenship for KCFN is 590 citizens: 159 live in Houpsitas, 141 citizens reside in Campbell River, and the rest reside throughout British Columbia and Washington State.
KCFN Government is designed to separate politics from administration and business while providing democracy, transparency, certainty, and clearly defined government roles and responsibilities. Since April 1, 2011 KCFN has had a democratically-elected Legislature, an Executive with delegated authority from the Legislature, and a separate Administration with clearly defined roles, responsibilities, and reporting requirements. The KCFN Legislature includes one elected Legislative Chief, four elected Legislative members, and four Legislative Ḥaʔwiiḥ members appointed to the Legislature by the Ḥaʔwiiḥ Advisory Council. The Legislature makes laws and approves an annual budget. The KCFN Executive is comprised of the eight legislative members (excluding the Legislative Chair). A delegated authority of the KCFN Legislature, the KCFN Executive provides oversight to the Directors of the Administration and makes regulations for the Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations.
During the reporting period, KCFN Administrative Decisions Review Board member appointments were confirmed and KCFN’s first Official Community Plan (OCP) was completed and passed into law.
KCFN’s assessment of community well-being, support of governance decisions, and periodic review (as committed to in Section 1.13.0 of the Treaty) is updated on an annual basis.
During the reporting period, the KCFN Legislature enacted the following legislation:
- Official Community Plan Act;
- Land Act Amendment Act;
- Annual Budget Act, 2013-2014;
- Social Housing Project Capital Borrowing Act;
- Fair Harbour Improvements Capital Borrowing Act;
- Infrastructure Projects Operating Loan Capital Borrowing Act;
- Health Clinic Project Capital Borrowing Act;
- Storage and Apartment Building Project Capital Borrowing Act;
- Enforcement Framework Amendment Act No. 1;
- Annual Budget Act, 2014-2015.
The Official Community Plan Act was passed during the previous reporting period.
During the reporting period, KCFN held its annual People’s Assembly in two locations — Houpsitas and Campbell River — as required under the KCFN Constitution and the KCFN Government Act. Citizens took the opportunity to speak, be heard, and make recommendations to KCFN Government in a respectful, transparent, solution-oriented manner. The format, along with the required appointment of a facilitator, was instrumental in the success of these assemblies.
KCFN Implementation Committee
A standing committee of the Legislature, the KCFN Implementation Committee is comprised of the Legislative Chief, one other Legislator, two KCFN citizens, and one technician. They are collectively responsible for providing ongoing review and recommendations on treaty implementation and making recommendations to KCFN Legislature regarding treaty implementation. During the reporting period, the KCFN Implementation Committee met 23 times, made 28 recommendations, and participated in the Maa-nulth First Nations Tripartite Implementation Committee.
KCFN Finance Committee
A standing committee established by the KCFN Legislature, the KCFN Finance Committee is made up of the Legislative Chief, two Legislators, the Chief Administrative Officer, and one technical advisor. The Finance Committee continually reviews the monthly, quarterly, and yearly financial statements, develops the annual budget, and makes recommendations to the Executive regarding the annual budget.
Under the Treaty, KCFN has the option to register lands in the BC Land Registry, or in its own KCFN Land Registry. Some of the historic, hereditary, and other "special" land holdings or encumbrances cannot be registered in the BC Land Registry under the current system. Therefore, KCFN established its own Land Registry and began development of a map base for Land Use Planning. During the reporting period, staff continued defining, recording, and mapping historic land interests so that modern land development may proceed in an orderly fashion. Legal surveys of KCFN TSL continued, and surveys of the lands to the northwest of Houpsitas were completed. KCFN responds to referrals on an ongoing basis.
The Maa-nulth First Nations and British Columbia continued negotiating a Reasonable Opportunity Agreement to deal with the treaty requirement that British Columbia not deny the reasonable opportunity for Maa-nulth First Nations to harvest wildlife, migratory birds, and fish in areas where British Columbia has authority. During the reporting period, in order for the Maa-nulth First Nations to have input into decision-making that could affect their right to harvest, British Columbia sent information (referrals) to the Maa-nulth First Nations about developments which may affect their reasonable opportunity to hunt and fish. KCFN continued to respond to referrals on an ongoing basis in the absence of a ratified Reasonable Opportunity Agreement.
During the reporting period, there was no active mineral extraction on KCFN TSL. However, there were two active mineral claims and exploration on two sites in KCFN TSL near Jansen Lake.
In addition to joint Maa-nulth First Nations fisheries activities and reporting, KCFN provides input to the Maa-nulth Annual Fishing Plan. During the reporting period, sampling efforts to provide a realistic estimate of the abundance of Sockeye in the Hisnit River continued, with noted success in counting late season spawners.
Most KCFN citizens continued to adjust to the new fisheries regulatory regime and catch reporting continued to improve. Citizens continued to express concerns, but also ideas, recommendations, and solutions. Due to the community’s remote location, fish transportation, freezer capacity, and fish distribution to all citizens continue to be challenging. Staff training and equipment purchases resulted in significant efficiencies and an improved experience for all.
KCFN focused on ways to cost-effectively harvest a higher percentage of the KCFN share of the Maa-nulth First Nations Allocation of all allocated fish species. Citizens continued working to enhance the communal aspects of the fishery — from fish cleaning to smoking and preserving.
Wildlife & Migratory Birds
During the reporting period, KCFN Harvest Licences were issued to all eligible KCFN citizens who applied. No ƛ̓uunim (elk) were harvested from the allocation of six animals. The KCFN Wildlife Committee met twice with the main concern being the number of predators and the dwindling number of muwič/ʕaatuš (deer). An "Order of the Director" to close the harvest of female deer and to limit the harvest of male deer continues to apply in the KCFN effort to improve ƛ̓uunim populations. Citizens continued to harvest wildlife and migratory birds for domestic use.
Two KCFN representatives sit on the Maa-nulth Wildlife Council. During the reporting period, the council developed the third Maa-nulth Wildlife Harvest Plan (which was approved by British Columbia). The plan emphasizes managing for ƛ̓uunim herd expansion and a co-operative stewardship approach to wildlife management. KCFN hunters continued to adjust to the wildlife harvest reporting requirements and harvesting conditions. KCFN Wildlife Committee representatives are working closer with non-KCFN hunters to "be a voice for wildlife and the ecosystems that sustain all life."
During the reporting period, KCFN’s TSL Forestry Program continued inventory assessment in preparation for community consultation on a KCFN Forestry Plan. Work to access a treaty-related, off-TSL commercial First Nations Woodland Licence tenure continued.
British Columbia was prepared to provide two tenures (14,400+/- square metres authorized by Ministerial Letter and a 20,000 square metre non-replaceable forest licence authorized by the Foreshore Agreement) and was awaiting the application from KCFN.
During the reporting period, the KCFN Legislature authorized the acquisition of a significant parcel of "potential additions" British Columbia Crown lands as authorized by the Treaty. These lands are located west of Houpsitas. No new TSL parcels were registered in the B.C. Land Registry or in the KCFN Land Registry during the reporting period.
There was no active mineral extraction from KCFN TSL during the reporting period.
Qacca Settlement Trust
KCFN, together with Toquaht Nation and Uchucklesaht Tribe, formed Qacca Settlement Trust in 2011 to take advantage of lower administration costs. All Capital Transfer payments and Resource Revenue payments are deposited into the Trust. The purpose of the Trust is to hold, protect, and nurture these funds for the benefit of these First Nations. The treaty payments contributed to the Trust become the responsibility of its Trustees and are managed by a professional investment manager. KCFN is committed to using these funds wisely by borrowing from them, rather than expending them, so that they remain a financial resource for future KCFN generations.
KCFN Programs & Services
KCFN maintained its education agreement with School District 84 (K-12). During the reporting period, KCFN continued to administer its own Post Secondary Funding program (this was previously administered by the Nuu-chah-nulth Tribal Council) and assumed funding responsibilities for Occupational Skills Training. KCFN also continued to focus on youth education standards and achievements to help ensure that the quality of education available in KCFN communities is comparable to that found other British Columbia communities.
Health & Social Services
Post-treaty, the KCFN Health Program (under contract with the Nuu-chah-nulth Tribal Council) remains in place, as does the KCFN Social Services Program.
Culture & Heritage
Since the Effective Date, KCFN has placed renewed emphasis on the distinct culture and languages of the Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations. KCFN offers twice-weekly Language Nights where citizens are welcome to sit with elders to learn the Ka:’yu:’k’t’h’ and Che:k’tles7et’h’ languages.
During the reporting period, KCFN made a concerted effort to identify, visit, and protect known sites of cultural heritage significance. KCFN has joined with other Maa-nulth First Nations in negotiating Cultural and Heritage Site Protection with British Columbia. This is an ongoing initiative and a signed agreement is now in place.
KCFN completed installation and launched high-speed Internet service for the entire village of Houpsitas.
For more information, visit the Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations Webpage.
The Toquaht people derive their name from a Nuu-chah-nulth word meaning "people of the narrow place in front," or "people of the narrow channel." The Toquaht Nation has approximately 152 registered citizens; 11 of whom reside on Toquaht Land and 141 of whom reside away from home. Located in Barkley Sound near the town of Ucluelet, Toquaht Nation Treaty Settlement Lands include 196 hectares of former reserves and 1,293 hectares of former Provincial Crown Lands.
Toquaht Nation’s Council consists of an appointed/ hereditary Ha’wiih as Chief, an appointed/ hereditary cha ma ta (Second Chief), and three citizens elected for four-year terms after each election. A Chairperson is chosen from among the five Council members for a four-year term. The Toquaht Nation Council enacts laws, which are enforced by the Toquaht Nation Executive, the Director of Operations, and Administration staff. The Toquaht Nation Executive is made up of Council members who hold Executive portfolios in the following areas: Chairperson; Finance; Community Services; Lands, Public Works and Environmental Protection; and Resource Harvesting. The Director of Operations and Administration staff oversees day-to-day government operations and report to Toquaht Nation Executive.
Toquaht Nation held four People’s Assemblies during the reporting period, as set out in the Toquaht Constitution. One of the four People’s Assemblies is deemed to be the Annual General Assembly, where the Audited Financial Statements are presented to citizens; the Annual Toquaht Budget (for 2013-2014) was presented at the first People’s Assembly of the reporting period. The quarterly Toquaht Newsletter provides information on programs, projects, interesting facts, and the Draft Minutes from the latest People’s Assembly.
During the reporting period, Toquaht Nation Council, Executive, Director of Operations, and Administration undertook the following:
- accepted and approved the Toquaht Nation Maa-nulth Tax Treatment Agreement Amendment Agreement;
- approved the pre-payment of $173,534 towards the Treaty Negotiation Loan;
- established a Capital Projects Development Committee to oversee development applications and planning;
- approved the Letters of Expectations from British Columbia’s Ministry of the Environment and Ministry of Forests, Lands and Natural Resource Operation;
- approved the Maa-nulth First Nations Enforcement Advisory Committee Terms of Reference, and appointed two members to the committee;
- approved in principle the Draft Terms of Reference and Planning Units 20-25 of the "Draft Marine Plan" for the west coast of Vancouver Island (Toquaht Nation and West Coast Aquatic entered into a Protocol Agreement with the goal of developing, supporting, and implementing a marine spatial plan for Barkley Sound in 2010);
- applied and received funding for a Human Resources Policy and Job Description project to improve the existing Human Resources policy and better align employee skills with Toquaht Nation jobs.
Toquaht Nation’s Constitution took effect on April 1, 2011 (the Effective Date of the Treaty), setting out government structure, land system, financial accountability, and dispute resolution. Over the first years of governing under the Treaty, the Toquaht Nation noted several areas in which the Constitution was lacking. During the reporting period, Toquaht citizens voted on and passed a Constitutional Referendum to strengthen the Constitution.
During the reporting period, the Toquaht Nation Council enacted the following legislation:
- Annual Budged Act 2014-2015;
- Five-Year Financial Plan Act 2014-2019;
- Government Act amendments;
- Elections Act amendments;
- Interpretation Act amendments;
- Public Order, Peace and Safety Act
- (new enactment);
- Citizenship and Enrolment Forms
- Regulation amendments;
- Fisheries Regulation amendments;
- Wildlife and Migratory Birds Regulation
Qacca Settlement Trust
Toquaht Nation, Uchucklesaht Tribe, and Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations determined that it would be beneficial and cost effective to participate together in a single settlement trust. The governments of the three nations created the Trust as part of preparations for treaty implementation. The Trust agreement was finalized and executed on March 23, 2011.
The purpose of the Trust is to hold and invest contributions of eligible treaty payments from the three nations. Toquaht Nation contributed all Capital Transfer payments and Resource Revenue payments to the Trust for the reporting period. Amounts contributed to the Trust are to be held, protected, and nurtured for the benefit of the Trust beneficiaries.
During the reporting period, Toquaht Nation requested and received a distribution from the Qacca Settlement Trust.
Official Community Plan
As part of its treaty obligation, Toquaht Nation continued work on the Official Community Plan (OCP). Before any significant development is planned or completed on Toquaht Lands, an OCP must be in place. Toquaht Nation hired a contractor to develop the plan with Toquaht Government and citizens. The final step in approving the OCP is approving a housing policy (in respect of affordable housing, rental housing, and special needs housing). This process continued throughout the reporting period.
Alberni Clayoquot Regional District
Although Toquaht Nation has not yet initiated the process of joining the Alberni-Clayoquot Regional District (ACRD), during the reporting period members of the Toquaht Nation participated in some ACRD forums and meetings as a guests.
Toquaht Nation’s Economic Development Committee includes members of Council and other community members and staff. The committee assists Toquaht Nation with Economic Development decisions. Prior to the Treaty, to allow for the separation of politics and business, Toquaht Holdings Ltd. was formed with an independent board of directors who helped develop an Economic Development Plan. Under the umbrella of Toquaht Holdings Ltd., a number of operating companies and boards were formed. The following are highlights of economic development activities undertaken during the reporting period.
Toquaht Marina & Campground Ltd.
Previously, Toquaht Nation undertook preliminary research toward expansion of the Toquaht Marina & Campground to include the Secret Beach section of Toquaht Treaty Settlement Land. In the Treaty, British Columbia agreed to undertake environmental testing and, if necessary, remediate any contamination at the site (to provincial land standards) if and when Toquaht Nation decide to further develop the site. Toquaht’s decision to expand the campground triggered the environmental testing, which found high concentrations of arsenic, selenium, and cobalt.
During the reporting period, Toquaht Nation received a grant from the First Nations Environmental Contaminants Program for a project titled "Human Health Impact Assessment of Sediment and Shellfish Contamination at Toquart Bay for the Toquaht Nation." During this project, the testing of samples occurred throughout much of the reporting period and a Final Report was delivered in February 2014. Negotiations between Toquaht Nation and British Columbia to determine the remediation plan are ongoing.
Additional Land Purchase
British Columbia replied to Toquaht Nation’s proposal to purchase a 68 hectare parcel of F-1 "potential additions" to Crown Lands near the former Chenatha reserve. Toquaht Executive approved the Crown Grant Offer-in-Principle pending a legal survey. The survey had not been completed by end of reporting period.
Barkley Community Forest Agreement
For over a decade, the District of Ucluelet and the Toquaht Nation negotiated with British Columbia to obtain a Community Forest Agreement (CFA) on Crown land. The vision for the Barkley CFA is to enhance community stability and quality of life for local residents through community control of the forest resource. Under the CFA, British Columbia proposed the Community Forest be located adjacent to the Maggie Lake Watershed. During the reporting period, the partnership between Toquaht Nation and the District of Ucluelet was finalized and is now a corporate entity. The application for the licence area is under review and negotiation with British Columbia.
The Capital Projects Committee oversees planning and development of all capital projects undertaken on Toquaht Nation Treaty Settlement Land. The following are highlights of initiatives undertaken during the reporting period.
Water Treatment Plant
For over a decade, the community of Macoah’s water system has been rated as "high risk" and residents have been on a long-standing "boil water advisory" from Health Canada. By the end of the reporting period, the construction of a new water treatment plant was largely complete but the boil water advisory remained in effect while required testing took place.
Secret Beach Project Master Plan
Toquaht Executive approved the Agreement- In-Principle between British Columbia and Toquaht Nation to fund the construction of the Campsite and Kayak Launch Site sections of the new Secret Beach Project Master Plan. This approach was designed to mitigate loss of revenue due to the closure of the Toquaht Marina and Campground, which included a popular kayak launch, because of the discovered contamination. Construction continued through the end of the reporting period and Stage 1 of construction is expected to be complete by July 2014 to take advantage of the summer camping season.
Toquaht Nation began preliminary consultation and research toward the construction of a Community Centre/Government House at, or near, Macoah. A consultant was hired and the public engagement process began with information gathering meetings.
Lands, Public Works & Natural Resources Department
During the reporting period, Toquaht Nation had its first meeting with Parks Canada representatives to establish the Toquaht Nation/Parks Canada Cooperation, Planning and Management Agreement alluded to in the Treaty. Toquaht Nation appointed two individuals to the committee.
In addition, Council directed the department to begin developing a community sewage disposal solution to attend to existing community sewage systems, which are old and failing.
In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, Toquaht Nation undertook the following activities:
- managed the Domestic Harvests of sockeye and halibut, and the distribution of fish to citizens;
- continued to seek the purchase of an Area D Gillnet Salmon licence and a ZN (Rockfish by Hook and Line) Licence (when they become available at a reasonable cost) with federal funds set aside for the purchase of fishing licences;
- joined Hayu (a commercial fishing partnership between Toquaht Nation, Ehattesaht/Chinehkint, Nuchatlaht First Nation, and Hesquiaht First Nation) to collectively improve fisheries opportunities and develop sustainable fisheries based on traditional principles.
Toquaht Programs & Services
After the Effective Date, government programs for education, health, and social services for Toquaht citizens continued largely without change (except a slight increase in K-12 and post-secondary funding).
Toquaht Nation’s Health Department promotes medical and public healthcare programs, organizes community health promotion, and provides a Health Column in the quarterly newsletter. Toquaht Nation maintains close contact with various service providers to ensure citizens have access to the Nuu-chah-nulth Tribal Council (NTC) Health Nurse and Patient Travel for medical appointments, etc.
During the reporting period, pursuant to the British Columbia Tripartite Framework Agreement on First Nations Health Governance, Toquaht Council accepted the Three Party Novation Agreement between British Columbia’s Minister of Health, the First Nations Health Authority, and Toquaht Nation.
Toquaht citizenship includes 48 primary and secondary students. Toquaht Nation encourages its children to excel at their education by providing a small monetary disbursement when they get a good report card. During the reporting period, Toquaht Nation also provided a student allowance and school supply funds for youth, grades K-12, as well as funding to attend culturally-centred science camps and other extra-curricular activities.
Toquaht Nation supported five citizens undertaking post-secondary studies. Toquaht Nation purchases post-secondary education services from the Nuu-chah-nulth Tribal Council.
Language & Culture
Toquaht Nation is a member of the Central Region Nuu-chah-nulth Language Society, which encourages the revitalization of First Nations heritage. During the reporting period, Toquaht Nation sponsored language classes, and the Language and Culture Coordinator held weekly potluck language lunches for interested staff and citizens. In addition, Toquaht Nation helped support Tluu-pich Games, Culture Nights in Port Alberni, and a Christmas Fund for citizens.
For more information, visit the Toquaht Nation, Facebook.com/Toquaht Nation, Twitter.com/Toquaht Nation.
The Uchucklesaht Tribe resides on the west coast of Vancouver Island in West Barkley Sound. A tribe of the Nuu-chah-nulth First Nations, the Uchucklesaht Tribe at one time consisted of over 2,000 members, and now has approximately 266 enrollees and citizens. Uchucklesaht Treaty Settlement Lands are situated southwest of Port Alberni and include 233 hectares of former reserves and 2,834 hectares of former Provincial Crown Lands.
The Uchucklesaht Tribe Government includes a legislative Council and Executive. Comprised of elected members of the Uchucklesaht Tribe, the Uchucklesaht Council enacts, amends, and repeals laws. The Executive, comprised of members of the Council, may enact regulations, oversee government administration, and act as a conduit between Council and administration. Executive portfolios include: Chief Executive and Executive holding Economic Development Portfolio, Executive holding Secretary/Treasurer Portfolio, Executive holding Lands and Resources Portfolio, and Executive holding the Human Services Portfolio. Seven Councilors have active roles in Uchucklesaht Tribe Government. During the reporting period, the Executive held 33 meetings and Council met nine times.
Legislation & Regulation
During the reporting period, the Uchucklesaht Tribe Legislature enacted the following legislation and regulations:
- Advisory Planning Commission Act;
- Economic Development Act;
- Somass Hotel Capital Borrowing Act;
- Building & Development Authorization Act;
- Application of Laws to Foreshore Act;
- Miscellaneous Amendments Act;
- Official Symbols & Honours Act;
- Public Order Peace & Safety Act;
- Moorage Act;
- Elections Act 2014;
- Annual Budget Act;
- Enforcement Framework Amendment Act No.1;
- Governance & Fiscal Agreement Regulation;
- Annual Rates Regulation;
- Somass Hotel Loan Guarantee Regulation.
The Uchucklesaht Tribe Constitution calls for a general assembly of Uchucklesaht citizens to be convened at least twice annually to review Uchucklesaht Tribe Government operations, budget, audit, and annual reports. People’s Assemblies were held twice during the reporting period.
The Uchucklesaht Tribe Economic Development Committee is comprised of the Chief Councillor, Economic Development Officer, and outside business experts. The committee meets at least six times per year to discuss plans and economic development opportunities. During the reporting period, the committee undertook the following activities.
- Low Rider Charter Boat: Operation of the charter boat (which seats up to 12 passengers).
- Green Cove Store, Henderson Lake Lodge, and Uchucklesaht Cabin: Uchucklesaht Tribe owns these properties, all of which were being renovated in advance of business and operations plans.
- Somass Hotel Purchase: During the previous reporting period, the Uchucklesaht Tribe purchased a heritage building in Port Alberni, the former Somass Hotel, that appeared to offer many possibilities for economic development and/or office space. During the reporting period, a crew was hired to complete hazardous asbestos abatement work. Upon further investigation, it was determined that is was best to demolish the building. It is expected that this will take place during the next reporting period.
- Commercial Licences: Economic Development Committee members continued to investigate the potential purchase of commercial licences.
During the reporting period, the following capital projects were undertaken in the Uchucklesaht community of Ehthlateese.
- Community Waterworks System: New and upgraded components for the water system were required to improve water quality in the community. The drilling of a second well, installation of a new pump, and repair and cleaning of reservoir were required. This work was completed and some basic Water System Training was provided to community members.
- New Road: A new road to the water tower was constructed in order to protect the storm water drainage pipes and underground power lines.
- Connector Road: Work began on an access road to improve the opportunity for economic and social development for residents of Ehthlateese. The Uchucklesaht Tribe has been planning for a connector road into the village from the existing logging road system (Henderson Main) since 2008. When complete, the road will include 1.6 kilometres of new road and 1.3 kilometres of reactivation and upgrade of existing decommissioned logging road. Work on the connector road is scheduled to be complete in the next reporting period.
Remediation work continued on the Silverside Parcel, one of two parcels identified as "potential additions" in the Treaty. During the reporting period, surface clean up was completed on the Silverside parcel by Special Use Permit holders.
Official Community Plan
Before development can commence on Uchucklesaht Tribe Treaty Settlement Lands, an official community land use plan must be in place. During the reporting period, the Legislative Council passed the Advisory Planning Commission Act and requested that an Advisory Planning Commission be created in order to complete the draft work for the Uchucklesaht Tribe Official Community Plan.
Community Consultative Group
During the reporting period, the Uchucklesaht Tribe and the RCMP formed a Community Consultative Group. The group will undertake cooperative planning regarding Uchucklesaht Tribe/ RCMP Services and Workshops for enrollees and citizens, as well as creating a Cultural Package that can be shared by both parties.
Alberni-Clayoquot Regional District
During the reporting period, the Uchucklesaht Tribe became a member of the Alberni-Clayoquot Regional District (ACRD) and chose a legislative councilor to represent the Uchucklesaht Tribe at the monthly ACRD meetings. Being a part of the ACRD Board enables Uchucklesaht Tribe to work with other regional district members within a larger regional context. It also enables the Tribe access to services such as building inspection, regional parks, regional planning, regional library, economic development, and emergency planning.
In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, Uchucklesaht Tribe Government undertook the following activities:
- administered the Food Fishery and distribution;
- distributed harvest documentation;
- assisted in preparing the annual fishing plan and bivalve fishing plan;
- hired fisheries technicians to monitor fisheries harvesting;
- managed a fish fence in order to monitor salmon going up the Henderson Lake River;
- attempted to access Fraser Sockeye, but did not succeed in accessing this food fish allocation due to access restrictions.
Lands, Natural Resources & Environment
The Uchucklesaht Tribe Government Director of Lands and Resources oversees all landsrelated activities on Treaty Settlement Lands. This includes the development of the Official Community Plan, managing all fisheries activities, and attending Maa-nulth First Nations meetings as the Uchucklesaht technical representative.
Uchucklesaht Tribe Government has a forestry manager who oversees its small-scale forestry operation. Forestry activities include forest development both on Treaty Settlement Lands and within the larger Uchucklesaht traditional harvest area.
Uchucklesaht/BC Parks Committee
Comprised of members of Uchucklesaht Tribe Government and BC Parks, this committee cooperatively plans for the future of the Tiitskin Paawats, an area sacred to the Uchucklesaht Tribe. For more detail on the committee’s work, see page 5.
Uchucklesaht Tribe Parks
During the reporting period, the Uchucklesaht Tribe Executive recommended to Council that Uchucklesaht Tribe Government protect an area of old growth cedar and fir located on the southeast portion of the Henderson Lake, as well as a forested area located near the Henderson Lake Lodge. Council agreed and took steps to achieve that protection. The Law Clerk created a draft Park Act that would set out the protections of the sites. The act will be considered after the Forestry Manager completes the final mapping of the two areas.
The Uchucklesaht Tribe Finance Department consists of a Director of Finance, Bookkeeper, and Accounts Payable Clerk.
Qacca Settlement Trust
Uchucklesaht Tribe Government (along with KCFN and Toquaht Nation) formed Qacca Settlement Trust to take advantage of lower administration costs. All Capital Transfer payments and Resource Revenue payments are deposited into the Trust. The purpose of the Trust is to hold, protect, and nurture these funds for the benefit of these First Nations and their citizens.
Uchucklesaht Programs & Services
Uchucklesaht Tribe Government maintains a service agreement with Nuu-chah-nulth Tribal Council to provide additional education, health, and social services. This agreement is renewed annually.
Human Services Department
The Human Service Department manages and organizes programs and services for Uchucklesaht Tribe enrollees and citizens. These include:
- Post-Secondary Education;
- Trades Training;
- Social Assistance;
- Weekly Culture and Language Workshops;
- Patient Travel/Health;
- Public Events, including picnics, fun fairs, educational workshops, swims, walks, camps;
- School Attendance Allowances;
- School Supply Funds;
- Elders Hampers;
- Healthy Food Family Boxes;
- Food Preservation Workshops.
Language & Culture
The Uchucklesaht Tribe Government’s Culture and Heritage Department supports and encourages cultural practices among Uchucklesaht people. The Culture and Heritage Department holds a variety of weekly workshops, including:
- Cedar Bark Weaving Classes;
- Nuu-chah-nulth First Nation Language Classes;
- Rattle and Drum Making Classes;
- Preserving Traditional Foods (salmon and berries);
- Traditional Plants and Meanings Classes/Nature Walk.
For more information, visit the Uchucklesaht Tribe.
The Yuułuʔiłʔatḥ First Nation is located on the west coast of Vancouver Island, on the eastern shore of Ucluelet Inlet. The Yuułuʔiłʔatḥ Nation includes approximately 600 citizens; about 200 of whom reside in the community of Hitacu with the rest residing mainly on Vancouver Island. The west coast has been home to the Yuułuʔiłʔatḥ people since time immemorial and the Yuułuʔiłʔatḥ are part of the Nuu-chah-nulth Nations.
During colonization, 17 smaller tribes were brought together to live as one in the community of Hitacu. The traditional territory, or ḥaaḥuułi as it is called in the Nuu-chah-nulth language, extends to Kʷisitis, located in the Pacific Rim National Park Reserve, and to the Effingham and Nahmint areas in Barkley Sound. Through the Treaty, Yuułuʔiłʔatḥ Nation received 199 hectares of its former reserve lands and 5,147 hectares of former Provincial Crown Lands, plus 92 hectares of fee-simple and surplus federal government lots that are located within the District of Ucluelet.
Prior to Treaty, Yuułuʔiłʔatḥ was called the Ucluelet First Nation, or Ittatsoo IR1, and the community the Yuułuʔiłʔatḥ lived in was referred to as Ucluelet East. In reclaiming their identity, the community opted to revert to the traditional name of Yuułuʔiłʔatḥ (pronounced You-thloo-ith-ath) and to use the traditional name of the community, Hitacu, rather than Reserve #1 or Ucluelet East. Reviving the traditional spoken language and adopting the International Phonetic Alphabet to utilize the written form of the language has been a priority for the Yuułuʔiłʔatḥ Government post treaty.
Yuułuʔiłʔatḥ Government consists of a Legislative branch, an Executive branch, and a People’s Assembly (referred to as the Hitacu Assembly). The Yuułuʔiłʔatḥ Legislature blends the hereditary system of governing and a modern-day government model.
The Yuułuʔiłʔatḥ Legislature consists of eight legislative members, including the President (elected Chief) and a representative of the Ḥawiiḥ Advisory Committee, which is comprised of the Hereditary Chiefs. Four of the legislative members are appointed to the Executive Branch of the Legislature along with the President. The Legislature meets to review recommendations from the Executive and to enact legislation. An independent chairperson presides over each meeting of the Legislature. Yuułuʔiłʔatḥ Legislature met five times during the reporting period.
The Hitacu Assembly is a public meeting of the Legislature and Yuułuʔiłʔatḥ citizens. Citizens and Legislature members enjoy a meal before business is conducted. Reports to the citizens are given by members of the Legislature and senior government employees. Citizens are invited to add items to the agenda, ask questions, and are encouraged to be part of the discussion. The meetings are chaired by the Legislature Chairperson, who maintains a speakers list and summary of resolutions passed at the meeting. The Hitacu Assembly met four times during the reporting period.
A special community meeting was held to discuss proposed constitutional amendments during the reporting period. In addition, a by-election was held following the death of a Legislature member and community elder. The by-election included a change suggested by the Treaty Implementation Committee, which was to have a second polling station in Port Alberni (in addition to the main polling station in Hitacu) for the convenience of citizens living away from home. Concurrent with the by-election, a referendum was held on proposed Yuułuʔiłʔatḥ Constitutional amendments. While the Legislature passed grammatical and technical amendments to the Constitution, substantive amendments had to be agreed to by the majority of eligible voters. However, the vote failed in the public referendum.
During the reporting period, the Yuułuʔiłʔatḥ Legislature enacted the following legislation:
- Official Community Plan Act;
- Annual Budget Act Amendment Act,
- YFN Economic Development Act
- (repealed and replaced);
- Land Act (fee simple title) Amendment Act;
- YFN Construction and Infrastructure
- 2014-15 Capital Borrowing Act;
- Annual Budget Act, 2014-15;
- YFN Building Development and
- Authorization Act.
Yuułuʔiłʔatḥ Government established the Yuułuʔiłʔatḥ Settlement Trust and deposits all Capital Transfers into the Trust, less the withdrawal of the annual treaty negotiation loan payment. Five trustees were appointed to oversee the investment and any distributions. Audited financial statements are available to the public on the Yuułuʔiłʔatḥ Government website.
During the reporting period:
- $510,175 was distributed from the Trust to the Yuułuʔiłʔatḥ Government to repay the Maa-nulth Treaty Negotiation Loan in accordance with the Treaty and the Trust;
- $219,720 (Resource Revenue Sharing funds from British Columbia and Canada) was invested in the Trust in accordance with the Tax Treatment Agreement and was distributed to the Yuułuʔiłʔatḥ Government in accordance with the Trust;
- $999,999 was distributed from the Trust to the Yuułuʔiłʔatḥ Government, in accordance with the Trust, as an equity contribution to the construction of a new community centre with a full-size gym and commercial kitchen (to be completed in the next reporting period).
In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, Yuułuʔiłʔatḥ Fisheries undertook the following activities:
- patrols of Yuułuʔiłʔatḥ Treaty Settlement Lands were conducted for monitoring;
- harvest documentation was issued to 12 citizens;
- public notices were posted, in conjunction with DFO, to indicate the Inter-tidal Bivalve harvest areas and beaches that were closed to bivalve harvesting in the Yuułuʔiłʔatḥ harvest area;
- the Yuułuʔiłʔatḥ First Nations Government Resource Harvesting Act was created to establish a comprehensive regime for the management of natural resources on Yuułuʔiłʔatḥ Treaty Settlement Lands, including the conservation, protection, and recovery of species at risk, or species of special concern;
- commercial clam licences (12) were made available to Yuułuʔiłʔatḥ citizens under the Aboriginal Communal Commercial licensing program operated by DFO;
- food fish deliveries were made to Yuułuʔiłʔatḥ citizens in Port Alberni, Nanaimo, Victoria, Ucluelet, and Hitacu (3,000 pounds of halibut, 5,704 sockeye, and 377 Coho and Chinook).
Yuułuʔiłʔatḥ Government believes that a healthy and prosperous future requires the nation and its citizens pursue development that is socially, economically, and environmentally sustainable, and that economic development is best achieved independent of political influence. To that end, the following economic activities were undertaken during the reporting period.
- The Executive Branch of the Yuułuʔiłʔatḥ Legislature guaranteed additional bank funding of $437,000 for the lodges at Ucluth Beach. Wya Resort now comprises nine lodges.
- Kʷisitis Restaurant became operational with the addition of a commercial kitchen, new hardwood flooring, and furniture. In 2012, Yuułuʔiłʔatḥ Nation signed a tenyear lease with Parks Canada to operate the restaurant located at Wickanninish Beach, within the Pacific Rim National Park Reserve.
- Yuułuʔiłʔatḥ Nation business representatives traveled to China to meet with potential investors. The Operating Board that oversees Yuułuʔiłʔatḥ Nation businesses determined it is worth exploring the possibility of securing external investment for the resort at Wya Beach to reduce the ongoing requirement of Yuułuʔiłʔatḥ Nation to invest its own capital and resources.
- YFN Management Services LP, and the Yuułuʔiłʔatḥ Nation businesses it operates, employed a staff of 69 full-time, part-time, and seasonal employees. Five years ago, none of those jobs existed.
Yuułuʔiłʔatḥ Programs & Services
Health & Social Services
The Yuułuʔiłʔatḥ Government, through its Community Services Department, facilitates and delivers ongoing health services to citizens including: elder care, homemaking, medical transportation, daycare, mental health programs, community nursing, social assistance, and employment training.
During the reporting period, Yuułuʔiłʔatḥ Governments Social Education Employment Development Services announced changes to the social assistance program in Hitacu. At the time, the Yuułuʔiłʔatḥ Government was paying approximately $40,000 per month to approximately 60 people. Social Assistance Dependency costs the Yuułuʔiłʔatḥ Government approximately $450,000 per year, 50 percent more than five years ago. The Yuułuʔiłʔatḥ Government seeks to reduce both the need for social assistance and its cost to the nation.
During the reporting period, the Yuułuʔiłʔatḥ Government supported eight citizens undertaking post-secondary studies towards various degrees and certificates, including: Indigenous Family Support Worker, Bachelor of Science in Microbiology, and Master’s Degree in architecture. The Yuułuʔiłʔatḥ Government also hosted a meeting between west coast communities and School District 70 regarding transportation cuts following provincial changes that resulted in a 68 percent reduction in funding.
Language & Culture
The following activities were undertaken during the reporting period.
- The Nuu-chah-nulth language group was asked to assist the Yuułuʔiłʔatḥ Government with traditional Nuu-chah-nulth spellings of street names in Hitacu.
- Two west coast Nuu-chah-nulth nations, Yuułuʔiłʔatḥ and Toquaht, joined forces to offer Nuu-chah-nulth language courses in conjunction with the University of Victoria.
- Yuułuʔiłʔatḥ Elder’s Gathering hosted 16 elders from Hitacu, Nanaimo, Port Alberni, and Washington State to discuss community matters.
- Language Nest: preschoolers and elders interact on a weekly basis to introduce children to the Yuułuʔiłʔatḥ language through storytelling and immersion.
- A canoe-carving project, aimed at getting youth and elders to work together, received funding from British Columbia and the Clayoquot Biosphere Reserve.
Lands, Resources & Assets
During the reporting period, the following activities were undertaken.
- Yuułuʔiłʔatḥ was successful in adding to Treaty Settlement Lands (TSL). Canada and British Columbia agreed to the transfer of the Wya Welcome Centre property, located at the junction of Highway 4 and the Pacific Rim Highway, to the Yuułuʔiłʔatḥ. The property had previously been identified internally as potential future TSL.
- The Official Community Plan was given final approval following a public hearing, stakeholder consultation, and a legal review. The OCP is the guiding document for how TSL will be cared for, protected, and developed.
- The Yuułuʔiłʔatḥ Government held an official sod-turning and blessing ceremony to launch construction of a new community centre.
- Surveys of Hitacu were largely complete. The Executive branch of the Yuułuʔiłʔatḥ Government authorized the registration of a draft subdivision plan in the Provincial Land Title Office. Once land is registered, the Yuułuʔiłʔatḥ Government will have the ability to transfer title to an eligible recipient.
British Columbia continued work on remediation of unauthorized foreshore fill adjacent to the former Clakamucus IR. During the reporting period, a preliminary site assessment was completed and a recommendation made for a more detailed assessment.
Canada approved funding in the amount of $3,912,062 for a water and sewer upgrade project on Yuułuʔiłʔatḥ TSL. A new water reservoir will be constructed and a gravity-fed sewage main, from the west boundary of Hitacu to the lift station, will be replaced.
During the next reporting period, the Executive branch of the Yuułuʔiłʔatḥ Legislature gave approval for the construction of seven new small homes to be built in Hitacu.
During the reporting period, the Yuułuʔiłʔatḥ Government completed a redesign of its website to create a more interactive communications resource. The website now contains all Laws and Acts of the Yuułuʔiłʔatḥ Government, as well as photos, current events, and digital copies of Umacuk, the nation’s monthly newspaper.
For more information, visit the Yuułuʔiłʔatḥ Government website.
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© Her Majesty the Queen in Right of Canada, represented by the Minister of Indigenous and Northern Affairs, British Columbia Ministry of Aboriginal Relations and Reconciliation, and the Maa-nulth First Nations, (2016). / This Publication is also available in French under the title: Accord définitif des Premières Nations Maa-nulthes — Rapport sur la mise en œuvre, 2013-2014.
Published under the authority of:
The Maa-nulth First Nations
Port Alberni, British Columbia
The Province of British Columbia
Victoria, British Columbia
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