Maa-nulth First Nations Final Agreement Implementation: Report 2012-2013
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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 second year, from April 1, 2012, to March 31, 2013.
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 2,200 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 had 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 is 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 socio-economic 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; and
- 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 and resources, and what was changed regarding governance. The sections for the individual Maa-nulth First Nations describe, for the reporting period April 1, 2012 to March 31, 2013, activities made possible by these changes to improve social and economic conditions on Treaty Settlement Lands.
For the complete text of the Treaty, visit the Province of British Columbia - First Nations Negotiations.
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 law. 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.
During the reporting period, the governments of British Columbia and the Maa-nulth First Nations discussed a schedule to complete the "initial surveys" of Maa-nulth First Nations Lands. British Columbia's Surveyor General Division issued 12 sets of survey instructions for Maa-nulth First Nations and confirmed four plans that resulted from those instructions. The remaining sets of instructions were either under survey, or on hold. By the end of the reporting period, 11 percent of the initial surveys were complete.
The Land Title and Survey Authority of British Columbia (LTSA) was asked to review and provide comment on a proposed survey of Toquaht Nation Treaty Settlement Lands, for the purposes of "first registration" in the Victoria Land Title Office of a portion of Toquaht Lands. By the end of the reporting period, the survey was approximately 75 percent complete and Toquaht Nation was working on compiling the information required for registration of those 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.
On the Effective Date, Yuułuʔiłʔatḥ requested that land containing its Wya Welcome Centre, located at the junction of Pacific Rim Highway 4 and the Ucluelet-Tofino Highway, be added to Yuułuʔiłʔatḥ Treaty Settlement Lands. The Treaty requires that any lands to be added to Treaty Settlement Lands be owned by the First Nation itself. To comply with this requirement, Yuułuʔiłʔatḥ undertook the following activities during the reporting period: transferred ownership of the land from a Yuułuʔiłʔatḥ corporation to Yuułuʔiłʔatḥ (as required by Canada), sought letters of support from third parties with interests registered in the provincial Land Title Office, and engaged in consultations to address concerns of adjacent municipalities and the government of British Columbia. The Parties anticipate adding this land to Yuułuʔiłʔatḥ TSL during the next reporting period.
The Treaty also sets out preselected parcels of provincial Crown Land in Appendix F-1 that the Maa-nulth First Nations may purchase from British Columbia 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.
During the reporting period, the governments of British Columbia and Toquaht Nation held discussions on how to resolve the issue of subsurface resources related to the purchase of additional Crown land near Chenatha (68 ha of Appendix F-1 Lands).
An offer from British Columbia was received by Toquaht Nation and was under review during the reporting period.
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 second year of the Treaty was $889,651, slightly higher than the previous year's total of $869,534. 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. During the reporting period, the Maa-nulth First Nations did not export any raw logs.
In accordance with the Memorandum of Understanding (MOU) Regarding Outstanding Forest and Range Practices (with the exception of Uchucklesaht Tribe as more information regarding gravel was required), the South Island District and the Campbell River District reported to the respective Maa-nulth First Nations on the status of the outstanding silviculture and road deactivation obligations on their respective Treaty Settlement Lands.
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, there were no reported wildfires on Treaty Settlement Lands.
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 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 risks.
The Treaty requires that the Maa-nulth First Nations form and participate in a Maa-nulth Wildlife Council (MWC), 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.
During the reporting period, the Maa-nulth Wildlife Harvest Plan was amended to limit the harvest of muwič/ʕaatuš (deer) due to low population levels in the MWC Wildlife Harvest Area. The Wildlife Harvest Plan also requires the Maa-nulth First Nations to take a "herd growth" approach to management and harvesting of ƛ̓ uunim (elk) so that future generations may access a more ample supply of this favoured wild food.
The Treaty contains provisions for British Columbia and each Maa-nulth First Nation to negotiate agreements to ensure the use of Crown Land by the provincial government, or intended use, does not prevent a reasonable opportunity for Maa-nulth First Nations to exercise their Treaty rights to harvest fish, wildlife, Migratory Birds, and plants.
During the reporting period, British Columbia and the Maa-nulth First Nations continued to discuss these Reasonable Opportunity Agreements.
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.
Parks Canada, Huu-ay-aht First Nations, Toquaht Nation, and Uchucklesaht Tribe met throughout the reporting period to work together on matters of priority to each nation. These matters included harvesting, natural and cultural resource management, economic opportunities, and other areas of park planning and management.
Regarding resource harvesting in the PRNPR, Parks Canada held meetings with Huu-ay-aht, Toquaht, Uchucklesaht, and Yuułuʔiłʔatḥ First Nations to discuss and develop terms and conditions. Agreement on terms and conditions is required before Canada may issue any resource harvesting permits to these Nations. The discussions are ongoing, and are expected to conclude early in the next reporting period. In the meantime, harvesting in PRNPR (under the Treaty) is guided by a system of monitoring and reporting developed by the Maa-nulth First Nations.
Provincial Parks & Protected Areas
On the Effective Date, British Columbia established the Power River Watershed Protected Area and the Thunderbird's Nest/T'iitsk'in Paawats Protected Area. Prior to the Treaty, in December 2006, British Columbia and the Maa-nulth First Nations entered into a 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. During the reporting period, both advisory committees met twice to review the operation of the Provincial Protected Areas within their respective domestic harvest area. Both committees also undertook additional field visits to protected areas.
BC Parks conducted a review of foreshore boundary agreements for protected areas in support of the negotiation of the Amended Foreshore Agreements.
KCFN/BC Parks Committee
Ongoing discussions included Park Use Permits and preliminary work for volunteer activities, Ecological Reserve Warden, and beach cleanup activities. In addition, British Columbia worked directly with KCFN on the initial 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). British Columbia and KCFN undertook the following field review and visits during the reporting period:
- Tahsish Kwois, Tahsish River Ecological Reserve, Dixie Cove, Rugged Point and Amai Inlet;
- Youth Community Member accompanied BC Parks Ranger visit to Clanninick Creek Ecological Reserve;
- completion of the cultural sites summary and mapping project;
- Mquqwin/Brooks Peninsula Park and Checleset Bay Ecological Reserve.
One of the British Columbia and KCFN MOU committee meetings took place at Houpsitas and included a management planning and community information/outreach open house to review materials for the draft management plan being developed collaboratively by British Columbia and KCFN.
Uchucklesaht/BC Parks Committee
During the reporting period, British Columbia and Uchucklesaht Tribe undertook three joint visits to T'iitsk'in Paawats/Thunderbird's Nest Protected Area (two by boat and one by helicopter).
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. These allocations may be limited by measures necessary for conservation or, in times of scarcity, balanced with other Aboriginal domestic fisheries allocations. This fishing takes place in non-exclusive 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.
During the reporting period, all federal licences in Schedule 8 of the Treaty were issued, with the exception of a mutually agreed trade of one salmon troll licence to Toquaht Nation for another licence that matched an existing Toquaht vessel. These licences included one rockfish, three salmon, and three halibut commercial licences. An additional commercial licence was issued to harvest 1,084 Henderson Lake sockeye. All Maa-nulth First Nations continue to work on adding commercial fishing licences to the Harvest Agreement utilizing, in part, the Effective Date Harvest Agreement Licence funding.
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.
During the reporting period, the JFC discussed the treatment of Treaty Fishing Rights as a special category, separate from the undefined non-treaty Aboriginal Right to fish for domestic purposes, in DFO annual Integrated Fisheries Management Plans. The JFC also discussed technical revisions to the Fisheries Operational Guidelines, computer software updates for catch reporting and monitoring, and whether DFO would participate in an omnibus enforcement agreement to enforce the fisheries laws of all Parties. In addition, the JFC accepted mandated development of summary reports for the main components of the co-management initiative as set out under the JFC section of the Treaty.
Overview: 2012-2013 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 reporting period, the Maa-nulth First Nations reported weekly harvest information to Canada through the Maa-nulth Electronic Reporting Program (MERP). Minor reporting delays and other issues were 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. Some non-Maa-nulth First Nations commercial vessels were designated to assist with the harvest of Somass River sockeye. For the commercial Henderson Sockeye harvest, Uchucklesaht Tribe adopted a strategy to give its enrollees opportunity to harvest and sell to a designated buyer. The strategy proved problematic, and will be changed for the next fishing season.
During the reporting period, the Maa-nulth First Nations prepared a comprehensive Maa-nulth Annual Fishing Plan reflecting the individual Maa-nulth First Nations Fishing Plans and DFO issued a single comprehensive Harvest Document for all five Maa-nulth First Nations to harvest for domestic needs. The document set out conditions to fish for salmon, herring, halibut, rockfish, groundfish, sablefish (black cod), intertidal bivalves, and other species. The tables below provide the catch by species for individual Maa-nulth First Nations, both for species allocated under the Treaty, and non-allocated species, i.e., for which no pre-determined harvest limit has been set.
The Treaty obligates the Parties to make adjustments over the years as actual catch amounts exceed, or fail to meet, treaty-protected allocations for various species. During the reporting period, all Parties agreed that there were no overages or underages for any fished species were identified.
An Enforcement Protocol between DFO and the Maa-nulth First Nations remains under review. This Protocol outlines enforcement-related arrangements between the Maa-nulth First Nations and DFO. Maa-nulth First Nations representatives have also requested that federal Fisheries Officers to be designated to enforce Maa-nulth First Nations laws regarding fisheries. This is intended as a short-term arrangement, until Maa-nulth First Nations are able to recruit, train, and hire Maa-nulth First Nations Enforcement Officers. The Maa-nulth First Nations and DFO are working cooperatively to build enforcement capacity of Maa-nulth Laws.
|Species||Stock||Allocation||Unit||Huu-ay-aht||Ka:'yu:'k't'h'/ Che:k'tles7et'h'||Uchucklesaht||Yuułuʔiłʔatḥ||Toquaht||Total||% of Allocation|
|Sockeye Salmon||Fraser River||1,000||Pieces||30||0||0||0||0||30||3|
|Sablefish (Black Cod)||4,104||Pounds||0||1,213||233||0||0||1,446||35|
|Clam, Butter||s.a.||5 Gallon bucket||17|
|Mussels||s.a.||5 Gallon bucket||10|
|Oysters||s.a.||5 Gallon bucket||11|
|s.a .: Bivalves in the table are allocated as the harvestable surplus from set-aside beach areas described in the Treaty appendices.|
|Crab, Red Rock||Pieces|
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 those individuals.
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 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 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.
During the reporting period, the Maa-nulth First Nations sought funding from Canada for capital, in addition to the federal program funding for physical works provided in the FFAs. The Parties continued to clarify the nature of the funding sought, and the structure of federal programs for physical works. Discussion on this issue is ongoing.
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 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.
During the reporting period, the Parties prepared for the publication of these deemed amendments in the British Columbia Gazette, the Canada Gazette, and each Maa-nulth First Nation's registry of laws. At the end of the reporting period, the AIAs had been translated into French, and were under review by legal counsel.
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 in 2019 and exemption from income and all other taxes will cease in 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.
The Treaty enables the Maa-nulth First Nations to 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 property taxes. A tax sharing agreement may also provide 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. Three of the Maa-nulth First Nations — Toquaht Nation, Uchucklesaht Tribe, and Yuułuʔiłʔatḥ — chose to exercise that agreement and assume the property tax jurisdiction effective January 1, 2012. Under the Real Property Tax Coordination Agreements, these First Nations exercised property tax authority over taxable interests held by citizens and non-citizens.
During the reporting period, the remaining two First Nations provided notice that they will assume the property tax jurisdiction for the 2013 tax year. Although Canada and British Columbia are willing to negotiate additional tax sharing agreements, the Maa-nulth First Nations are not ready to pursue further agreements at this time.
On the Effective Date, a Tax Treatment Agreement (TTA) was negotiated by Canada, British Columbia, and the Maa-nulth First Nations to set out a number of technical taxation rules. The TTA was given force and effect under federal and provincial settlement legislation. During the reporting period, the Parties initiated the process for making revisions in the TTA to reflect changes in British Columbia's provincial sales tax regime as well as other minor updates.
Residents on Treaty Settlement Lands did not experience any changes in their tax rates 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 First Nations 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.
During the reporting period, British Columbia, Huu-ay-aht First Nations, Yuułuʔiłʔatḥ, and the ACRD developed "A Path Forward: a resource guide to support Treaty First Nation, regional district, and local government collaboration and planning." The guide is based on the experiences of the two Maa-nulth First Nations in joining the ACRD. The resource guide can be downloaded.
After the Strathcona Regional District (SRD) passed a resolution inviting KCFN to participate as observers in meetings of the Board and Committee of the Whole, KCFN decided to attend SRD meetings as observers in the next fiscal year.
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.
During the reporting period, the committee met three times (in Victoria, Vancouver, and Port Alberni). The Parties finalized their operating procedures, and worked toward creating a more efficient and productive environment. Several of the issues discussed by the Implementation Committee are described elsewhere in this report, including:
- a schedule to complete "initial surveys" of Treaty Settlement Lands (Surveys and Registry);
- adding the Wya Welcome Centre to Yuułuʔiłʔatḥ Lands (Additions to Treaty Settlement Lands);
- the inclusion of subsurface resources for Appendix F parcels acquired by the Maa-nulth First Nations (Additions to Treaty Settlement Lands);
- Reasonable Opportunity Agreement negotiations (Migratory Birds, Fish, and Wildlife);
- access to federal capital programs (Government Programs and Services);
- Artifacts Identification Agreements (Cultural Objects).
Other major issues discussed by the Implementation Committee are described below.
Annual Report Production Process
The Treaty 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 discussions to reach agreement on the format, content, and process to produce annual reports. The Parties were then able to substantially complete an inaugural Implementation Report for the 2011-2012 reporting period. The Parties anticipate the printing of the 2011-2012 annual report (with availability on the Internet) before the end of calendar 2013.
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.
During the reporting period, Canada indicated that it would not be able to proceed with the Natural Resources Sector Enforcement Framework Agreement, as proposed by the Maa-nulth First Nations and British Columbia, which would include law enforcement services by multiple natural resource agencies. However, federal departments are able to enter separate enforcement agreements, at their discretion. The Maa-nulth First Nations are discussing bilateral agreements separately with the Department of Fisheries and Oceans, Environment Canada, and Parks Canada.
Parks Canada met with the Maa-nulth First Nations to consider the enforcement of Maa-nulth First Nations Laws by park wardens in Pacific Rim National Park Reserve (PRNPR). Parks Canada has expressed willingness to develop a Letter of Expectations (LOE) for the enforcement of Maa-nulth First Nations Laws. Discussions on a letter of expectations between Parks Canada and the Maa-nulth First Nations are ongoing.
British Columbia formally endorsed and committed to developing LOEs with each Maa-nulth First Nation. The LOEs detail business process and responsibilities for each of the signatory parties. The Maa-nulth First Nations worked to establish an Enforcement Advisory Committee, whose responsibility will be to authorize provincial enforcement officials to enforce the respective Maa-nulth First Nations laws, and engage in orientation and training for those British Columbia enforcement officials regarding Maa-nulth First Nations traditions, cultures, and legislative priorities. The Maa-nulth First Nations signed the Natural Resource Sector Enforcement Framework Agreement on March 21, 2012, and British Columbia is expected to sign the agreement in the next reporting period. By the end of the reporting period, LOEs outlining fee for service were substantially complete and are expected to be finalized prior to the end of 2013.
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 land between the high and low-water marks 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. However, during the reporting period, British Columbia and the Maa-nulth First Nations collaborated to delegate additional powers and work collaboratively on the use and management of log handling and storage sites. British Columbia consulted Canada prior to entering the Amended Foreshore Agreements, which the Parties anticipate will be finalized in the next reporting period.
The Implementation Legislative Branch of Ministry of Aboriginal Relations and Reconciliation worked with the all affected ministries on the negotiation of the Amended Foreshore Agreements. In this work, British Columbia identified a number of additional law-making authorities to be delegated to the Maa-nulth First Nations in the foreshore area. In addition, British Columbia and the Maa-nulth First Nations worked on some one-off projects related to the Foreshore Agreements:
- British Columbia and KCFN worked on a one-time 14,000 m³ non-replaceable forest licence authorized by the Foreshore Agreement;
- British Columbia and Uchucklesaht Tribe are working the transfer of two pieces of pre-approved Crown land to be transferred to Uchucklesaht Tribe;
- British Columbia and Yuułuʔiłʔatḥ completed work on amending the Commercial Recreation Tenure Agreement to identify a potential recreation tenure site near Ucluelet. In addition, British Columbia established a land reserve in favour of Yuułuʔiłʔatḥ for a potential wind farm on Mt. Ozzard.
Notification of British Columbia Legislative Activities
During the reporting period, British Columbia consulted with Maa-nulth First Nations on a number of pieces of provincial legislation, including the Tla'amin Act as components of the act affect Maa-nulth First Nations. British Columbia and the Maa-nulth First Nations are considering entering into a protocol to establish a more clearly defined process for British Columbia to meet its obligations on this topic.
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, 2012, Canada made the second installment of Capital Transfer payments totaling $10.1 million to the Maa-nulth First Nations, while the Maa-nulth First Nations paid $1.9 million to Canada as loan repayments.
Payments by Canada & British Columbia to Maa-nulth First Nations, 2012-2013
|Recipient||Canada||Canada and BC||BC||Total|
|Capital Transfer1||FFA2||Resource Revenue3||FFA2|
| 1. Total of Capital Transfers will be about $96.7 million paid in 10 unequal installments over 9 years.
2. Block Funding plus Time Limited Funding. The Total of Time Limited Funding paid by Canada will be about $47.8 million in unequal installments over 7 years.
3. Canada and British Columbia each pay half of the forestry Resource Revenue amounts.
Payments by Maa-nulth First Nations to Canada, 2012-2013
|*The total of all negotiation Loan Repayments (10 installments over 9 years) will be approximately $19.2 million.|
Payment of Resource Revenues
The Treaty provides for sharing of government revenues from forest resources on Maa-nulth First Nations traditional lands. During the reporting period, then annually for 24 years, British Columbia and Canada will make resource revenue sharing payments to each Maa-nulth First Nation. 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. During the reporting period, Canada and British Columbia jointly paid resource revenues to the Maa-nulth First Nations totaling $889,651 ($869,534 was paid in the previous fiscal year).
The Treaty requires the Parties to negotiate agreements that describe their financial relationships. On the Effective Date, each Maa-nulth First Nation entered into a Fiscal Financing Agreement (FFA) with Canada and British Columbia for a term of eight years, expiring on March 31, 2019. 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.
During the reporting period, transfers paid to the Maa-nulth First Nations to support them in the delivery of agreed-upon government programs and services were $11.3 million by Canada and $150,000 by British Columbia. In addition, each FFA calls for payment by Canada to the Maa-nulth First Nation of eight annual installments, 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 second installment for the income generating fund.
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 are 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||3,407,165||3,407,165|
|Investment in Nation owned Businesses||1,228,117||993,827|
|Total Financial Assets||11,281,430||8,093,688|
|Net financial assets||7,423,937||2,680,654|
|Tangible capital assets||13,659,340||14,123,648|
|Other non-financial assets||21,488||8,452|
|Total non-financial assets||13,680,828||14,132,100|
|Total Net financial assets and Accumulated surplus||21,104,765||16,812,754|
|Aboriginal Affairs funding||9,548,058||12,192,128|
|Province of BC||244,304||9,934,748|
|Revenue from Nation owned Businesses||-569,109||-453,537|
|Public works and Infrastructure||937,514||733,436|
|Land and Natural Resources||911,292||3,833,735|
|Finance and government services||2,360,563||2,446,933|
|*All amounts are calculated based on March 31, 2013 consolidated audited financial statements.
*As of 31 March 2013 the Invested Wealth and Settlement Trust fair market values are $3,620,975 and $1,112,543 respectively.
*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||5||5|
|Receivable from related parties||806,006|
|Total financial Assets||8,031,851||6,396,971|
|Accounts payable and accrued liabilities||372,105||272,600|
|Long term debt||5,227,864||5,688,785|
|Total Financial Liabilities||6,996,574||7,891,337|
|Net Assets (Debt)||1,035,277||(1,494,366)|
|Tangible capital assets||5,122,477||5,552,359|
|Total Non-Financial Assets||5,850,505||6,296,648|
|Summarized Statement of Revenue and Expenses|
|Fiscal Financing Agreement funding||9,105,018||11,867,600|
|Social housing fund||309,655||304,899|
|Accumulated surplus, beginning of year||4,802,282||716,352|
|Accumulated surplus, end of year||6,885,782||4,802,282|
|*All amounts are in the March 31, 2013 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.
|Harmonized sales tax recoverable||262,765||63,699|
|Advances to Related Parties||230,998||208,948|
|Total Financial Assets||7,299,499||5,124,974|
|Wages and benefits payable||53,664||34,935|
|Funds Held in Trust||229,492||218,629|
|Net financial assets||4,656,233||3,204,255|
|Total Non-financial Assets||2,619,498||1,240,352|
|Equity in Trust Fund||1,762,088||1,058,096|
|Equity in Operating Fund||5,478,381||3,317,059|
|Equity in Enterprise Fund||35,262||69,452|
|Consolidated Statement of Operations & Accumulated Surplus|
|Aboriginal Affairs and Northern Development Canada||4,340,466||3,939,156|
|Province of BC||40,597||674,071|
|Excess of revenue over expenditures||3,066,124||2,947,872|
|Surplus at beginning of year||4,444,607||1,496,735|
|Surplus at end of year||7,510,731||4,444,607|
|*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||82,061||85,524|
|Sales taxes recoverable||260,204||101,795|
|Investments in other entities||(42,880)||(57,366)|
|Designated trust funds||1,882,432||1,066,652|
|Total Financial Assets||8,340,278||4,575,154|
|Wages and benefits payable||44,552||39,114|
|Social housing liabilities||98,509||89,898|
|Net Financial Assets||5,250,627||1,836,394|
|Inventory held for resale||2,202||34,942|
|Tangible capital assets||1,461,548||1,597,444|
|Total Non-financial Assets||1,479,218||1,675,083|
|Consolidated Statement of Operations|
|Fiscal Financing Agreement and treaty-related funding||5,842,461||5,454,844|
|Annual surplus for the year||3,218,368||3,636,787|
|Accumulated surplus (deficit), beginning of year||3,511,477||(125,310)|
|Accumulated surplus, end of year||6,729,845||3,511,477|
|*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||$1,082,376||$3,773,452|
|Other long-term receivables||262,358||270,283|
|Total Financial Assets||20,003,596||14,306,839|
|Bank indebtedness and current liabilities||1,872,293||1,799,270|
|Funds held in trust|
|Net financial assets||12,150,245||5,861,136|
|Total non-financial assets||10,863,203||11,049,554|
|Consolidated Statement of Operations & Accumulated Surplus|
|AANDC (incl FFA and targetted)||10,256,514||12,515,819|
|Social Housing Fund||287,448||294,948|
|Excess (deficiency of revenue over expenditures)||5,568,860||7,199,597|
|Accumulated surplus, beginning of year (as restated)||14,341,663||7,151,306|
|Accumulated surplus, end of year||19,910,523||14,350,903|
|Accumulated changes in contributed equity/prior period||3,102,925||2,559,787|
|*Compiled from the March 31, 2013 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.
Huu-ay-aht First Nations
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 Anacla is approximately six kilometres from the town of Bamfield. The Huu-ay-aht First Nations (HFN) include over 700 enrolled citizens with 100 citizens living on Huu-ay-aht First Nations Land and the rest living away from home.
During the reporting period, HFN engaged in the following treaty implementation activities.
HFN Government consists of an elected Chief Councillor, five elected Councillors, and an appointed Ḥaʔwił (hereditary chief). An Executive Council oversees day-to-day operation of government while the Legislature passes laws. HFN Government is democratic, transparent, and responsible, and seeks to separate politics from both business and administration.
During the reporting period, Huu-ay-aht First Nations continued to undergo significant change in staffing, policies, processes, and organizational growth. Policies were enacted to protect both citizens and staff, and the need to invest in communications was identified. HFN continued to seek feedback from individuals and groups and, through community engagement and an HFN Citizen Survey, HFN was better able to hear the needs of Huu-ay-aht citizens wherever they live. Financial controls were improved and new budgeting tools were implemented to help eliminate deficits. With a shared vision and a commitment to work together, HFN Government and administration are using the tools of the Treaty to create a culture of success and support HFN citizens.
During the reporting period, the HFN Legislature enacted the following legislation:
- Budget Act 2013
- Economic Development Act
- Miscellaneous Statutes Amendment Act 2013 (included amendments to the Financial Administration Act and the Government Act).
Citizen Development Committee
The Citizen Development Committee continues to review and apply citizenship criteria to applicants. During the reporting period, the committee undertook the following activities:
- customized citizenship forms and applications to be more user friendly;
- initiated development of a Funeral Policy;
- initiated the development of a
Usma Protocol Agreement to improve the relationship between Nuu-chah-nulth Tribal Council Usma Family and Child Services and HFN;
- launched a plan to develop legally enforceable change in the way HFN children are served by Usma and all First Nation delegated organizations;
- signed a Vancouver Island Health Agreement to offer citizens a culturally competent and effective First Nations health plan;
- signed a Local Education Agreement with School District #70 at the Bamfield Community School;
- launched the HFN Post-Secondary Policy;
- improved the School Supply Allowance.
HFN Treaty Implementation Committee
The HFN Treaty Implementation Committee works closely with its partner governments to support and manage the transition of treaty implementation. To guide its actions in both the short and long term, the committee created the following implementation strategy and addresses each item every time they meet:
- 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, HFN Government worked to accomplish the following strategic priorities.
- Implementation of HFN's administration responsibilities related to the Economic Development Act (and assignment of the Economic Development Officer's responsibilities).
- Delivering a balanced budget for the 2013-2014 reporting period.
- Implementation of Citizen Motions approved by Executive Council.
- Ensuring HFN Administration is structured and carries out approved key initiatives in an effective, affordable, and efficient manner.
- Ensuring Huu-ay-aht Laws are implemented and administered in accordance with their terms and approved budget allocations.
- Ensuring treaty provisions due to be implemented over the next three years are implemented and administered in accordance with their terms and approved budget allocations.
- Continuing to draw down self-government jurisdictions under Treaty.
During the reporting period, the Finance Committee implemented a new method of budgeting revenues where the anticipated total is not detailed before the Budget Act is passed. In other words, governments aren't able to spend money that they haven't budgeted at the beginning of the year, and this is a central means of ensuring sound fiscal management by HFN Government. During the reporting period, the Finance Committee focussed on getting costs under control, costs (i.e. consultant fees, legal fees, and related contract) that were still influenced by preTreaty urgency. These costs were reviewed and in many cases reduced.
Invested Wealth Fund & Settlement Trust
HFN 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 HFN and its citizens.
Lands & Natural Resources
HFN 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. To accomplish these goals, during the reporting period, HFN:
- drafted Social Housing Regulation (to provide fair, effective, affordable and quality housing to HFN citizens);
- drafted Residential Lease Regulation (to establish a fair and effective system for the disposition of residential leases in Anacla, Sarita and Grappler Creek);
- continued BC Land Survey Phase 2 of Carnation Creek;
- signed and registered 36 land lot leases (99 year leases with the BC Land Title Office);
- worked toward the completion of four land lot leases;
- amended the Land Use Plan;
- developed various forms and permits;
- developed a harvest plan (or regulation) for Treaty Settlement Land.
In addition to joint Maa-nulth First Nations fisheries activities and reporting, HFN's Fisheries Committee works to ensure HFN meets its treaty obligations and fisheries allocations. During the reporting period, additional resources were expended in support of the food fish budget, including funding from the shared Geoduck licence administered by Nuu-chah-nulth Tribal Council (NTC) Fisheries.
Cooperative Parks Management
HFN works with Parks Canada on a Cooperative Parks Management Board. During the reporting period, HFN continued to develop and protect the Kiixʔin National Historic Site. More Pink Sand Verbena, an endangered indigenous species, was planted in the Keeha dunes area. Training was provided through the Nuu-chah-nulth Education and Training Program for the West Coast Trail Guardians who protect HFN Land on the West Coast Trail, which is part of Pacific Rim National Park Reserve.
Huu-ay-aht Economic Development
Huu-ay-aht Economic Development Committee manages HFN 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; further enhance the economic opportunities for its people by creating reliable job opportunities when they are justified in a profitable business.
During the reporting period, the committee focused primarily on the development of the Economic Development Act and related policy, which provided for the effective managerial separation of the HFN Government and Companies while retaining strategic input for government. The act establishes strategic control of HFN businesses, but keeps government at arms-length from management decisions that should be overseen by dedicated business leaders. The act sets out the means by which a business idea is developed into a plan and how that plan must be approved by government before being transferred to the companies who will operate the business.
The committee is also responsible for the development, maintenance, and review of agreed-upon economic development projects. During the reporting period, the highest priority projects were: the Sarita Microhydro Project (Run-of-the-River Independent Power Project development of a Pachena Bay area Store/ Café/Gas Station/Parkade, and the acquisition of the Market and Restaurant in Bamfield. In addition, the committee hired an Economic Development Officer.
HFN is committed to improving the quality of communication between HFN Government, administration, and citizens. During the reporting period, HFN conducted community meetings and introduced an HFN Citizen Survey.
Public Works & Infrastructure
During the reporting period, HFN Government's strategic priorities and activities included the following:
- pursue strategies to pave Port Alberni road to Anacla road;
- support self-reliance of citizens with leases on Huu-ay-aht TSL, primarily in Anacla;
- complete infrastructure to support establishment of new subdivision in Upper Anacla, including sewer treatment plant;
- establish an innovative program to remove solid waste from lower Anacla residences;
- bring Anacla roads up to standard of roads in Bamfield (Nookemus Road work was approved);
- ensure effective public works services by building Public Works Yard and Quonset hut;
- secure cost-effective government office location in Port Alberni;
- continue to improve public safety, (a feasibility study for Pachena River Pedestrian Walking Bridge for tsunami evacuation was completed);
- continue to improve drinking water quality in Anacla;
- improve community communications and connectivity in Anacla.
Huu-ay-aht Programs & Services
Health & Human Services Department
HFN 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, HFN'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 success of the Quuquuaca Language Society (QLS) Language program continued during the reporting period. HFN also maintained North Island College (NIC) Aboriginal Language Certification programming and hired a coordinator. Representatives from HFN were both teaching in the classroom and on the QLS board.
The Ha'wiih Council continued to meet and was working on developing a regular meeting schedule along with a work plan. The Ḥaʔwiiḥ continue to apply Huu-ay-aht cultural practices in HFN programs, administration, and social life.
For more information, visit the Huu-ay-aht First Nations website.
Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations
Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations (KCFN) is a confederacy, comprised of several chiefly families, which came together in the early 1960s in order to facilitate the provision of services by Canada. KCFN has 6,299 hectares of Treaty Settlement Lands (TSL) in a large number of parcels 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 554 citizens: 151 live in Houpsitas, 104 citizens live in Campbell River, with the rest residing in British Columbia and Washington State.
During the reporting period, KCFN engaged in the following treaty implementation activities.
KCFN Government is designed to separate politics from administration while providing democracy, transparency, and certainty for KCFN citizens, clearly identified government roles and responsibilities, and reliable and transparent reporting. Since the Effective Date, KCFN has 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 Ha'wiih Advisory Council.
The Legislature makes laws and approves an annual budget. The KCFN Executive is comprised of eight members appointed by the Legislature from the legislative members (all except the Legislative Chair). A delegated authority of the KCFN Legislature, the KCFN Executive provides executive 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 members were appointed and KCFN's first Official Community Plan (OCP) was
commissioned. It is expected that the OCP will be completed and passed into law during the next reporting period.
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:
- Budget Act (2012-2013).
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. Collectively, they are responsible for providing ongoing review of treaty implementation and make recommendations to KCFN Legislature regarding implementation. During the reporting period, the KCFN Implementation Committee met eight times 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, or 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 on-going basis.
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 reason- able opportunity for Maa-nulth First Nations to harvest wildlife, migratory birds, and fish in areas where British Columbia has authority. Since that agreement is not yet in place, British Columbia sends information (referrals) about developments which may affect the reasonable opportunity of the Maa-nulth First Nations to hunt and fish so that the Maa-nulth First Nations may have input into decision-making that could affect their right to harvest. KCFN continued to respond to referrals on an on-going 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 provided input to the Maa-nulth Annual Fishing Plan with new emphasis on a sampling plan which, for the first time in decades, will provide a realistic estimate of the abundance of Sockeye in the Hisnit River.
During the reporting period, KCFN citizens continued to adjust to the new fisheries regulatory regime and catch reporting continued to improve. At community fisheries meetings, citizens came with 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 challenges.
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. One bull ƛ̓ uunim (elk) was harvested from an annual 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). KCFN supported the other Maa-nulth First Nations in developing an "Order of the Director" to close the harvest of female deer and to limit the harvest of male deer to times of the year when they have antlers. 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 second Maa-nulth Wildlife Harvest Plan (which was approved by the British Columbia). The plan emphasizes managing for ƛ̓ uunim 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.
During the reporting period, KCFN's TSL Forestry Program was in the inventory assessment phase of preparations for community consultation on a KCFN Forestry Plan. Work to access a treaty-related, off-TSL commercial First Nations Woodland Licence tenure continued.
During the reporting period, British Columbia was prepared to provide two tenures (14,000 m³ authorized by the Foreshore Agreement and 145,000 m³ non-replaceable forest licence) and was awaiting the application from KCFN.
Qacca Settlement Trust
KCFN, together with Toquaht Nation and Uchucklesaht Tribe, 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. 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 all future KCFN generations.
KCFN Programs & Services
KCFN maintained its education agreement with School District 84 (K-12). During the reporting period, KCFN began administering its own Post Secondary program (this was previously administered by the Nuu-chah-nulth Tribal Council). KCFN also undertook an initiative to address education standards and achievements so that KCFN youth education standards and achievements are comparable to those found other communities in British Columbia.
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 a 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.
KCFN has made a concerted effort over the past year to identify, field 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.
During the reporting period, KCFN completed installation and launched high-speed Internet service for the entire village of Houpsitas.
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 living on Toquaht Land, and 141 living 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.
During the reporting period, Toquaht Nation engaged in the following treaty implementation activities.
Toquaht Nation's Council consists an appointed/hereditary Ḥaʔwił as Chief, an appointed/hereditary čaamaat`a (Second Chief), and three citizens elected for four-year terms. A Chairperson is chosen from among the five Council members for a four-year term after an election. 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 and Council.
During the reporting period, Council established the following new committees:
- Community Emergency Preparedness Committee;
- Lands Committee;
- ƛułcamis Committee (Community Garden);
- Fish and Wildlife Committee.
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 2012-2013) 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 to citizens and other readers.
Alberni Clayoquot Regional District
During the reporting period, Toquaht Nation initiated discussions with the Alberni Clayoquot Regional District (ACRD) regarding the costs, benefits, and obligations of joining the ACRD. Although Toquaht Nation has not yet initiated the process of joining the ACRD, it has initiated negotiations for a service agreement with the ACRD to perform building inspections for Toquaht's future residential and commercial construction.
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 two years of governing under the Treaty, Toquaht has noted several areas in which the Constitution is lacking. During the reporting period, Toquaht initiated a Constitutional Referendum to suggest changes that will strengthen the Constitution. The referendum will be held on September 27, 2013.
During the reporting period, the Toquaht Nation Council enacted the following legislation:
- Economic Development Act
- Housing Authority Act
- Building Development and Authorization Act
- Land Act Amendment Act
- Toquaht Annual Budget Act
- Toquaht Five-Year Plan Act.
Official Community Plan
During the reporting period, as part of its treaty obligation, Toquaht Nation worked to develop an 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. An online survey for citizens was initiated and several workshops were held for community members. By the end of the reporting period, the plan was in draft form.
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.
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. 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 First Nation expressed interest to British Columbia in applying for a commercial recreation tenure on the east side of Maggie Lake. The tenure would allow for access to an existing commercial recreation tenure site on the south side of Maggie Lake, which is only accessible by boat. British Columbia will consider the application when it is complete.
Toquaht Marina & Campground
Work began on a preliminary design for infrastructure, market research, tourism analysis, and business plan to expand the Toquaht Marina and Campground to include the Secret Beach section of Toquaht Treaty Settlement Land. The Toquaht Marina and Campground land is situated on 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 decided 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. The marina and campground is closed until it is either remediated or deemed to be safe to re-open. At the end of the reporting period, testing was still underway.
Additional Land Purchase
Toquaht Executive instructed the Economic Development Officer to draft a formal response to proceed with the purchase of a 68 hectare portion of F-1 Additional Crown Lands near Chenatha. (Land identified in Schedule F-1 of the Treaty for future purchase.) At the end of the reporting period, Toquaht Executive was still reviewing the Crown offer to sell.
Barkley Community Forest
The Toquaht Nation and the District of Ucluelet have been in the process of acquiring a Community Forest tenure for a number of years. During the reporting period, British Columbia agreed to proceed with the proposal. While the boundaries of the licence have been determined, the original revised application requires some simplification to be acceptable to the Crown. The completed licence should be drafted and ready for signatures in the next reporting period. Following a period of planning, community involvement, and production of Development Plans, there will be opportunities for employment and training.
For the past five years, the community of Macoah's water system has been rated as "high risk" and residents have been on a longstanding "boil water advisory" from Health Canada. During the reporting period, three contractors bid on the construction of a new water treatment system. The system was under construction during the reporting period.
In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, Toquaht Nation distributed Toquaht Nation Harvest Documentation. Since the Effective Date, Toquaht Nation has seen a marked improvement in cooperation between the five Maa-nulth First Nations in the management of Domestic Fisheries.
During the reporting period, Toquaht Nation managed the Domestic Harvests of sockeye and halibut, and the distribution of fish to citizens. Toquaht Executive instructed the Director of Operations to purchase an Area D Gillnet Salmon licence and a ZN Licence (Rockfish by Hook and Line), when they become available at a reasonable cost, with federal funds set aside for the purchase of fishing licences.
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 disease prevention events, 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, Toquaht Nation held a walk to raise awareness about HIV/AIDS and Hepatitis C. The invitation was extended to neighbouring First Nations, the local RCMP, mayor, and health workers. Approximately 50 people attended. The project also included a logo design contest for the Toquaht Nation Health Department, as well as events for children and youth to raise awareness about HIV/AIDS and Hepatitis C.
Toquaht citizenship includes 47 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.
Toquaht Nation has a high percentage of citizens who have completed or are currently enrolled in a post-secondary program. Toquaht Nation purchases the services of the Nuu-chahnulth Tribal Council for education services. For the many Toquaht citizens currently enrolled in a post-secondary program, Toquaht Nation is able to provide enhanced funding to these students. 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.
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 more information, visit the Toquaht Nation website.
The Uchucklesaht Tribe has approximately 262 registered citizens, with ten living on Uchucklesaht Land and 252 living away from home. Uchucklesaht Treaty Settlement Lands are situated in Barkley Sound, southwest of Port Alberni, and include 233 hectares of former reserves and 2,834 hectares of former Provincial Crown Lands.
During the reporting period, the Uchucklesaht Tribe engaged in the following treaty implementation activities.
Comprised of elected members of the Uchucklesaht Tribe Legislature, 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 Councillor, Economic Development, Secretary/ Treasurer, Lands and Resources, and Human Services.
Legislation & Regulation
During the reporting period, the Uchucklesaht Tribe Legislature enacted the following legislation and regulations:
- Survey Plan Reproductions Regulation
- Citizenship and Enrolment Forms Amendment Regulation
- Fee Regulation
- High-Capacity Fisher Forms Amending Regulation
- 2013-2014 Deer Harvest Regulation.
The Uchucklesaht Tribe Constitution calls for a general assembly of Uchucklesaht citizens to be convened at least twice annually to review Uchucklesaht Government operations, budget, audit, and annual reports. People's Assemblies were held three times during the reporting period.
The Uchucklesaht Tribe Government Director of Lands, Natural Resources, and Environment oversees all lands-related activities on Treaty Settlement Lands. This includes the development of an Official Community Plan, managing all fisheries activities, and attending Maa-nulth First Nations meetings as the Uchucklesaht technical representative.
During the reporting period, British Columbia instructed the former Special Use Permit holder to complete required remediation and clean up of the "Silverside parcel." The Silverside parcel is part of the provincial Crown Lands identified in the Treaty as lands that will be added to Uchucklesaht Treaty Settlement Lands once these lands are transferred from British Columbia to the Maa-nulth First Nations.
Advisory Planning Commission
The Advisory Planning Commission is a volunteer group of Uchucklesaht citizens who make recommendations to Uchucklesaht Council concerning the development of the Official Community Plan (OCP). The committee consists of up to seven Uchucklesaht enrollees/ citizens that will take the lead in creating a draft OCP through consultation with Uchucklesaht citizens. Before any significant development takes place on Uchucklesaht Tribe Lands, Uchucklesaht Tribe Government is committed to ensuring that an official community land use plan is in place.
In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, Uchucklesaht Government undertook the following activities:
- administered Uchucklesaht Tribe's food fishery and distribution;
- distributed Uchucklesaht Tribe harvest documentation;
- offered information sessions and overviews of the Harvesting Laws and Regulations;
- assisted in the preparation of the Uchucklesaht Tribe Annual Fishing Plan and Bivalve Fishing Plan.
During the reporting period, Uchucklesaht Tribe received its portion of federal funds for the purchase of commercial fishing licences and began exploring further opportunities for licences and quotas. The tribe hired an industry professional to investigate the various licences and recommend which are more feasible to purchase, and a report was forwarded to the Executive. No commercial licences were purchased by the end of the reporting period.
The Uchucklesaht Tribe did purchase a fishing boat (the Lorna Doone), with the intent of possibly using it for the Uchucklesaht fishery and for community transportation. The Lorna Doone is ready to hold a commercial licence when one is purchased.
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 and BC Parks, this committee was formed to consider the future of the Tiitskin Paawats, an area sacred to the Uchucklesaht Tribe. The Tiitskin Paawats is protected through Provincial Park legislation. During the reporting period, the committee made a proposal for co-management of the area between the Uchucklesaht Tribe and BC Parks. A management plan was prepared jointly between the two agencies, with the objective of protecting, enhancing, and interpreting this sacred area for both Uchucklesaht citizens and the general public.
Uchucklesaht / Canada Parks Cooperative Management Board
The Maa-nulth Treaty Side Agreement "Cooperation in the planning and management of Pacific Rim National Park Reserve," enables Uchucklesaht Tribe and Parks Canada to create a Cooperative Management Board. The goal is to begin co-management and protection of Pacific Rim National Park Reserve as soon as possible.
Economic Development Committee
During the reporting period, Uchucklesaht Tribe continued working on a five-year economic development plan, an economic development structure, and an Economic Development Law. By the end of the reporting period, the Economic Development Law and Governance and Fiscal Regulation were in place and Uchucklesaht Tribe had taken steps to form the Uchucklesaht Tribe Economic Development Committee, which will be tasked with planning for various economic development projects. The Uchucklesaht Tribe Economic Development Committee will be comprised of the Chief Councillor, economic development officer, and another individual who brings in business expertise. The committee will meet at least six times per year to discuss plans and economic development.
The community celebrated the completion of the Electrification Project in the Uchucklesaht Village of Elhlateese in June, 2012. This project provided a replacement generating station on a new site with upgrades to existing road access and upgraded wiring for homes in the community that were hooked up to the new generating system. The benefits of the hybrid system are: reduced fuel consumption, a corresponding reduction in green-house gas (GHG) emissions, reduced risk of fuel spill due to reduced fuel handling. The station efficiency will increase as battery technology evolves and future renewable energy sources are easily integrated into the hybrid generating system to produce an extremely efficient solution.
Work on a new and upgraded waterworks system project began in the Uchucklesaht Village of Elhlateese and was complete by the end of the reporting period. This system was put in place in order to improve water system and quality. These upgrades brought the system up to Canadian Drinking Water Standards.
During the reporting period, the Uchucklesaht First Nation purchased the Rusty Anchor Inn, formerly known as the Somass Hotel, in uptown Port Alberni. The sale finalized during the reporting period and the entire building will be renovated. The plan is to transform the building into the new Uchucklesaht Administration, Cultural Practices and Business offices, retail outlets, boardrooms, a restaurant, and cultural centre. It is expected this work will be complete early in 2015.
During the reporting period, Uchucklesaht Tribe attended Alberni Clayoquot Regional District (ACRD) Board Meetings as an observer. The objective was to observe procedures, meetings, and services offered before signing on to become a voting member of this board. Uchucklesaht Tribe hopes to become a member sometime in the next reporting period. Being a part of the ACRD Board will enable 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, emergency planning, etc.
Qacca Settlement Trust
The 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 Uchucklesaht Tribe Human Services department maintains close contact with various service providers in the area to ensure that citizens are getting the best of all services.
The department provides events and activities to ensure citizens have access and the ability to participate in various healthy, fun, educational, and informative activities, including: community picnics, swimming and skating, nature walks, science camps, Tluu-pich games, Aboriginal Day events, parks and recreation activities, Christmas party, Health Fair, fieldtrips for children and youth, monthly school student attendance allowance for grade 7-12, school supply funds for grades K-12, Education/Career Fairs, Fun Fair, and fundraising events.
The department also helps the Uchucklesaht elders by providing funding and organizing events, including supporting participation in the Annual Provincial Elders Gathering, Island Elders luncheons, and wellness events beneficial to elders. The department also provides support to elders who may experience financial need by providing a monthly Elder's hamper to those who qualify, and help for elders' medical needs that are not covered by the Non-Insured Health Benefit (NIHB).
The Uchucklesaht Tribe Human Services department provides counseling support and liaises with various service providers to ensure citizens are provided up-to-date information.
The department also liaises with schools, health departments, hospitals, RCMP, various counseling agencies, addictions services, probation officers, other local Tribes, employment services, colleges, and universities.
Language & Culture
The Uchucklesaht Tribe Government created a Culture and Heritage Department in order to keep cultural practices in place for the Uchucklesaht people. During the reporting period, the Director of Human Services hired a Cultural Worker to organize various activities and events for Uchucklesaht Tribe enrollees and citizens to practice their Nuu-chah-nulth culture and to use the Nuu-chah-nulth language. 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.
During the reporting period, the Uchucklesaht Tribe Cultural Worker began creating a Cultural Book that sets out some of Uchucklesaht Tribe's traditional cultural practices and language.
For more information, visit le Uchucklesaht Tribe website.
The Yuułuʔiłʔatḥ Nation is made up of approximately 600 citizens; about 200 citizens live in the community of Hitacu, located on the west coast of Vancouver Island, and the remainder 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, seventeen smaller tribes were brought together to live as one in the community of Hitacu, located on the eastern shore of the Ucluelet inlet. The traditional territory of the Yuułuʔiłʔatḥ, or ḥaaḥuułi as it is referred to 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 was given 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 the 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-at") and also to using the name Hitacu rather than Reserve #1 or Ucluelet East. Reviving the traditional spoken language and adopting the International Phonetic Alphabet to utilize a written form of the language has been a priority for Yuułuʔiłʔatḥ Government post treaty.
During the reporting period, Yuułuʔiłʔatḥ Government engaged in the following treaty implementation activities.
Yuułuʔiłʔatḥ Government consists of a Legislative branch, an Executive branch, and a People's Assembly (referred to as the Hit-tat-soo Assembly). The Yuułuʔiłʔatḥ Legislature blends the hereditary system of governing and a modern-day governance model.
The Yuułuʔiłʔatḥ Legislature consists of eight legislative members including the President (elected Chief), and a representative of the Ha'wiih Advisory Council, in this case, the taayii Ḥaʔwił, or head chief. The Legislature meets regularly to review recommendations from the Executive branch and to enact legislation. An independent chairperson presides over each meeting of the legislature. During the reporting period, the Yuułuʔiłʔatḥ Legislature adopted the Terms of Reference from the Housing Authority Working Group and passed five Laws or Acts (listed below).
The Executive branch of the Legislature is responsible for the oversight of the operations of the Yuułuʔiłʔatḥ Government and consists of the President and four members of the Legislature — each of whom is assigned a portfolio to oversee.
The Hit-tat-soo Assembly is a public meeting of the legislature and Yuułuʔiłʔatḥ citizens. Traditionally in the Nuu-chah-nulth culture, the Ha'wiih Advisory Council (the council of the Hereditary Chiefs) would conduct their business in public, at a feast. Today, citizens and legislators enjoy a meal before business is conducted. Reports to citizens are given by members of the Yuułuʔiłʔatḥ Legislature and senior government staff, and citizens are invited to add items to the agenda, ask questions, and be part of the discussion. These meetings are also chaired by the Legislature Chairperson, who presides over the meetings, maintaining a speaker's list, and a summary of resolutions passed at the meeting. During the reporting period, the Hit-tat-soo Assembly met four times.
The Yuułuʔiłʔatḥ Constitution states there will be an advisory body, composed of the Yuułuʔiłʔatḥ Ḥaʔwiiḥ, to be known as the Ha'wiih Advisory Council. The Yuułuʔiłʔatḥ
Legislature consults with and seeks the advice of the Ḥaʔwiiḥ in relation to the Yuułuʔiłʔatḥ culture and traditional values, Yuułuʔiłʔatḥ customary laws, and matters relating to the Maa-nulth First Nations Final Agreement Implementation Report 2012-2013.
Constitution in accordance with the rules of procedure for the Yuułuʔiłʔatḥ Legislature.
During the reporting period, the Yuułuʔiłʔatḥ Ḥaʔwiiḥ and elders met twice to discuss the creation of the Ha'wiih Advisory Council; to date, the council membership has not been determined.
Yuułuʔiłʔatḥ Treaty Implementation Committee
The Yuułuʔiłʔatḥ Treaty Implementation Committee met to discuss proposed changes to the Elections Act. Three major changes were recommended:
- a second polling station should be available for citizens (in Port Alberni);
- ballots should be mailed to all citizens rather than by request;
- the Chief Electoral Officer should receive nomination papers instead of government staff.
During the reporting period, the Yuułuʔiłʔatḥ Legislature enacted the following legislation:
- Elections Act Amendment Act
- Land Act Amendment Act
- Capital Borrowing Act
- Annual Budget Act 2013-2014
- Building and Development Authorization Act.
Lands, Resources & Assets
During the reporting period, the following activities were undertaken.
- Renovations took place on three of the six houses in the District of Ucluelet that were transferred to Yuułuʔiłʔatḥ as part of the Treaty. The houses are being rented at fair market value to create revenue, which will be invested in social housing for Yuułuʔiłʔatḥ citizens.
- Funding was approved for the detailed design of a new water reservoir and sewage upgrade.
- Phase One of the Official Community Plan (OCP) was adopted at the Yuułuʔiłʔatḥ Legislature and given second reading.
The Yuułuʔiłʔatḥ Resources Harvesting Act was created to establish a comprehensive regime for the management of natural resources in Yuułuʔiłʔatḥ territory, including the conservation, protection, and recovery of species at risk or species of special concern. In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, Yuułuʔiłʔatḥ Fisheries undertook the following activities:
- regular patrols of Yuułuʔiłʔatḥ Lands for monitoring and enforcement;
- ongoing enhancement initiatives to increase Nahmint Chinook;
- Harvest documentation was issued to 19 citizens who were obligated to report their catch.
During the reporting period, Yuułuʔiłʔatḥ Government received funding from Canada for the purchase of commercial fish licenses. To date, no licences have been purchased.
Finance & Taxation
The Financial Administration Act, passed during the reporting period, provides a framework for the use and management of Yuułuʔiłʔatḥ financial resources and promotes accountability in the use and management of such resources. The Real Property Tax Act creates a property tax system through which revenues are collected from owners and occupiers of Yuułuʔiłʔatḥ land to help fund programs and services for Yuułuʔiłʔatḥ citizens. In addition, Yuułuʔiłʔatḥ Government established an investment fund for the Time Limited Funding, the annual returns on which will be used to support additional costs of government into the future.
Yuułuʔiłʔatḥ Settlement Trust
Yuułuʔiłʔatḥ Government established the Yuułuʔiłʔatḥ Settlement Trust and deposited 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.
Yuułuʔiłʔatḥ Government believes that a healthy and prosperous future requires the nation and its citizens to 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.
- Yuułuʔiłʔatḥ's Economic Development arm was legally restructured and a new framework completed. Oversight of economic development is now conducted through a Holdings Board, which is removed from government and political interference. This restructuring also created several smaller Limited Partnerships.
- Yuułuʔiłʔatḥ took steps to make its presence known in Pacific Rim National Park Reserve (PRNPR) when YFN Management Services cleared a picnic area in the park. The area, known as Kʷisitis, is a former reserve. Yuułuʔiłʔatḥ owns 4.8 hectares of land within PRNPR. In addition, Quisitis Enterprises LP set up a snack bar at the Kʷisitis Interpretive Centre (which is within PRNPR).
- Treaty Settlement Land at Lost Shoe Creek was logged in preparation for the construction of a retail village.
Other Government Affiliations
The Yuułuʔiłʔatḥ Government is a voting member at the Alberni-Clayoquot Regional District. During the reporting period, the Yuułuʔiłʔatḥ Government held Community-to- Community Forums with the District of Ucluelet to discuss mutual concerns, such as land use planning. The Community-to-Community Forum Program is administered by the Union of BC Municipalities and the First Nations Summit.
During the reporting period, a new Yuułuʔiłʔatḥ website was unveiled and citizens continue to be informed about Yuułuʔiłʔatḥ Government activities via a weekly community newsletter and a monthly community newspaper called the Umacuk.
Yuułuʔiłʔatḥ Programs & Services
Health & Social Services
The Yuułuʔiłʔatḥ Government, via 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, the Department of Community Services announced an integrated approach to the delivery of social services, education, and social development. The first meeting was held and social assistance clients were mandated to attend.
Education & Youth
During the reporting period, Yuułuʔiłʔatḥ Government supported 13 citizens undertaking post-secondary studies towards degrees or certificates in Science, Education, Business Administration, Addictions Counseling, and Aesthetics. In addition, a Youth and Learning Centre opened in Hitacu, offering after school programming, alternative education for students under 19 years of age, and basic adult education.
Language & Culture
The following activities were undertaken during the reporting period.
- The Drum-making and Shawl-making workshop series attracted citizens interested in celebrating traditional practices.
- Culture Nights and dance practice were held twice weekly, bringing community members together for dinner and cultural songs, drumming, and dancing. All ages participated, including advising elders.
- A language instructor and elders taught Nuu-chah-nulth (Barkley dialect) to adults in the community of Hitacu.
For more information, visit the Yuułuʔiłʔatḥ Government website.
In Remembrance / Toquaht Chief Bert Mack (Deets'keesip)
On June 3, 2012, the Nuu-chah-nulth Nation lost one of our greatest and longest standing leaders. Toquaht Chief Bert Mack (Deets'keesip) actively served as the Ta'yii Ḥaʔwił (Head Hereditary Chief) for a period of 71 years since his father, the late Cecil Mack, passed the responsibility on to him. This made Chief Mack the longest standing Chief, not only among the Nuu-chah-nulth Nations, but indeed, in all of Canada. From the time of his seating in 1941, Chief Mack worked tirelessly for his people and carried on the vision of his father and the generations before him, to settle the land question and to create a brighter future for his people. At the Effective Date celebration for the Maa-nulth Treaty (April 2, 2011), Chief Mack said "I want to stand up for my people, not them standing up for me today. I am a Chief because of my people and I want to show my admiration for my people today." Sadly, his Ha-quum and his main support during their 67 years of marriage, his wife Lillian, followed him shortly after on May 06, 2013.
We remember Deets'keesip, and the many, many individuals we have lost who have so greatly and tirelessly contributed towards achieving the Maa-nulth Final Agreement. We continue to work towards making their vision, and the vision of all those who came before, us a reality.
"I want to stand up for my people, not them standing up for me today. I am a Chief because of my people and I want to show my admiration for my people today." — Chief Mack
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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 oeuvre, 2013-2014.
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