Maa-nulth First Nations Final Agreement: Annual Report 2014-2015
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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 fourth year, from April 1, 2014, to March 31, 2015.
This annual report does not create legal obligations, does not alter any rights or obligations described in the Maa-nulth First Nations Final Agreement, and is not to be used to interpret the Maa-nulth First Nations Final Agreement. The Maa-nulth First Nations Final Agreement prevails to the extent of an inconsistency with this annual report.
Maa-nulth: Villages Along the Coast
The people of the Maa-nulth First Nations live in one of the most beautiful places on Earth — the west coast of Vancouver Island, surrounding Barkley Sound and Kyuquot Sound. In the Nuu-chah-nulth language, maa-nulth means "villages along the coast."
The First Nations of the Maa-nulth Treaty are five distinct First Nations:
- Huu-ay-aht First Nations (pronounced Hoo-ay-at)
- Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations (pronounced Ka-yu-ket/Chek-le-set)
- Toquaht Nation (pronounced Toe-kwat)
- Uchucklesaht Tribe (pronounced You-chuck-le-sat), and
- Yuułuʔiłʔatḥ, formerly Ucluelet First Nation (pronounced You-thloo-ith-at).
In total, the Maa-nulth First Nations include approximately 2,300 citizens.
Maa-nulth First Nations Final Agreement
The Maa-nulth First Nations Final Agreement is the first modern-day treaty to be concluded on Vancouver Island, home to more than 50 First Nations. The result of more than 15 years of negotiation, it is also the first multi-nation treaty concluded under the BC Treaty Commission process.
The five Maa-nulth First Nations voted in favor of accepting the Treaty by October 2007. The Treaty was ratified by the British Columbia Legislature and received Royal Assent on November 29, 2007. On June 18, 2009 the Treaty was ratified and received Royal Assent by Canada's Parliament and Senate. The Effective Date of the Treaty was April 1, 2011. On that day, at 12:01 a.m., the people of the Maa-nulth First Nations—together with fellow British Columbians and Canadians—celebrated their collective achievement with ceremonies, drumming, fireworks, and tears.
The Treaty is intended to remove barriers to socioeconomic prosperity by settling claims of Aboriginal rights to land and resources, and by enabling each of the five Maa-nulth First Nations to govern themselves. As a comprehensive agreement that both settles the Maa-nulth First Nations' land claims and establishes their self-government, the Treaty:
- establishes 24,550 hectares of Maa-nulth First Nations Lands ("Treaty Settlement Lands" or "TSL");
- provides the Maa-nulth First Nations Capital Transfers of $96.7 million (total paid in unequal installments over ten years);
- 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, deliver programs, manage lands and resources, protect and enhance culture, and collect taxes;
- Provides tools for new government-to-government relationships between Canada, British Columbia, and the Maa-nulth First Nations.
The next sections of this report explain what the Treaty changed regarding lands, resources, and governance. The sections for the individual Maa-nulth First Nations describe, for the reporting period April 1, 2014 to March 31, 2015, activities made possible by these changes to improve social and economic conditions on Treaty Settlement Lands.
For the complete text of the Treaty, visit: Maa-nulth First Nations Final Agreement
Lands & Resources
Seafaring nations of Canada's Pacific coast, the Maa-nulth First Nations are also people of salmon and cedar. Their traditional territory is located in the heart of North America's remaining coastal temperate rainforest, one of the world's most biologically productive ecosystems.
The Treaty modifies pre-existing Aboriginal rights and title of each Maa-nulth First Nation into treaty rights and title. It provides legal certainty as to the ownership of Treaty Settlement Lands, harvesting rights, a portion of forest resource revenues, joint management of natural resources with Canada and British Columbia, and the basis for a new and productive economic foundation for these nations.
The Treaty releases Canada, British Columbia, and all other persons from all claims by each Maa-nulth First Nation, for actions before the Effective Date, relating to infringement of any Aboriginal rights and title of that nation.
Treaty Settlement Lands
Before the Effective Date, a Maa-nulth First Nation could not own land because, as an Indian Act "band," it was not legally recognized as an entity capable of doing so. Maa-nulth First Nations Reserves, many of which were small and isolated, were legally owned by Canada for the use and benefit of the Indian bands. Under the Indian Act, Canada was required to approve certain decisions for the use of those Reserves.
The Treaty provides each Maa-nulth First Nation with full legal personhood capable of owning land. The former Reserves no longer exist, having been included in what are now Treaty Settlement Lands. The Treaty recognizes each Maa-nulth First Nation as the owner of their Treaty Settlement Lands, totaling 24,550 hectares, in fee simple, being the greatest extent of ownership known in Canadian 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.
British Columbia initiated eight survey contracts. By the end of the reporting period, four of these were completed (14.5 percent). The four remaining surveys are multi-year contracts. No resulting plans were approved or registered in the reporting period
Additions to Treaty Settlement Lands
The Treaty sets out processes where the Maa-nulth First Nations may add to their Treaty Settlement Lands through future purchases. The Treaty also sets out processes for rare and unlikely circumstances where Canada or British Columbia may need to expropriate land.
The Treaty, in Appendix F-1 through F-4, identifies preselected parcels of land that the Maa-nulth First Nations may purchase and add to Maa-nulth First Nations Treaty Settlement Lands. Shortly after Effective Date, Toquaht Nation requested to purchase a parcel listed in Appendix F-1.
Toquaht Nation purchased a 68-hectare portion of the pre-approved F-1 lands. Notice was given stating that Appendix B-3, Part 2(a) Plan 9 and Appendix D is deemed to be amended by the addition of District Lot 2240, Clayoquot District, British Columbia, to the TSL of the Toquaht Nation.
The Treaty resolves questions about who owns forest resources and gains the economic benefits of forest resource harvesting. 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 by Canada and British Columbia to the Maa-nulth First Nations in the fourth year of the Treaty was $918,534. 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.
British Columbia completed deactivation prescriptions on the roads specified under the Memorandum of Understanding (MOU) Regarding Outstanding Forest and Range Practices for each Maa-nulth First Nation in the South Island Natural Resource District. Funding was secured for those deactivations and a review of the Gravel Pits specified in the MOU was undertaken.
British Columbia worked on the removal of the Silverside parcel from TFL 44 in preparation for it becoming additional Uchucklesaht 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, the Coastal Fire Centre did not respond to any wildfires on Maa-nulth First Nations Treaty lands covered by the Wildfire Suppression Agreement.
The Treaty confirms agreement on defined Maa-nulth First Nations Areas, Domestic Fishing Areas, and Wildlife and Migratory Birds Harvesting Areas, which encompass the traditional territories of the Maa-nulth First Nations.
Within these areas the Maa-nulth First Nations may exercise non-exclusive rights recognized in the Treaty. These include rights to harvest Migratory Birds, Wildlife and Fish and Aquatic Plants for food, social and ceremonial purposes as set out in the Treaty. The role of the Maa-nulth First Nations within the Maa-nulth First Nations Areas is further articulated in Chapter 6 of the Treaty and includes economic development opportunities, the ability to participate in joint governance activities with Canada and British Columbia, and the ability to participate in and exercise certain rights regarding cultural activities.
The following authorizations were active or issued by British Columbia under the Fisheries Act: one Marine Plan Aquaculture License of 1.99 ha in the North Maa-nulth First Nations Harvest Area and three Marine Plant Harvest Licenses totaling 2632.5 ha in the South Maa-nulth First Nations Harvest Area.
Notification of provincial legislation
Under the Treaty, British Columbia is required to provide written notice to the Maa-nulth First Nations of the proposed introduction of, or changes to, provincial legislation or regulation that may affect the law-making authority of Maa-nulth First Nations governments, except in circumstances of emergency or confidentiality.
British Columbia notified and engaged with the Maa-nulth First Nations regarding various provincial legislative matters.
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.
The Maa-nulth First Nations participated in the federal environmental assessment of the proposed Raven Underground Coal Mine. In addition, the Maa-nulth First Nations participated in the Canadian Environmental Assessment Agency's environmental assessment by review panel for the Roberts Bank Terminal 2 Project and the National Energy Board's environmental assessment by review panel for the Kinder Morgan Trans Mountain Expansion Project.
Migratory Birds & Wildlife
Similar to the Domestic Fishing Areas, the Treaty sets out a defined Migratory Bird Harvest Area and a Wildlife Harvest Area for the Maa-nulth First Nations to harvest for Domestic Purposes (i.e. food, social, and ceremonial use). These Harvest Areas extend beyond Treaty Settlement Lands to include the right to harvest wildlife and migratory birds (and fish) on a non-exclusive basis within the entire traditional territories of the Maa-nulth First Nations. The Treaty sets out requirements for consultation before Canada or British Columbia may designate or set an allocation for a hunted species because of conservation concerns.
The Treaty requires that the Maa-nulth First Nations form and participate in a Maa-nulth Wildlife Council, which is responsible for developing a Wildlife Harvest Plan for consideration by British Columbia. Under the Treaty, final authority over wildlife remains with the relevant provincial Minister.
The Treaty also requires the governments of British Columbia and the Maa-nulth First Nations to negotiate and attempt to reach agreement on a process to evaluate the impact of authorized uses, or Dispositions of provincial Crown land, on each Maa-nulth First Nation's reasonable opportunity to harvest Fish and Aquatic Plants, Wildlife, and Migratory Birds.
The Maa-nulth Wildlife Council met four times during the reporting period. The Maa-nulth First Nations and British Columbia worked cooperatively to conduct deer inventories in the Northern and Southern components of the Maa-nulth Wildlife Harvest Area. Results of these inventories were used (along with other surveys) to conclude that deer are at historically low numbers over a large part of the Maa-nulth Wildlife Harvest Area. The Maa-nulth Wildlife Council is working with the University of British Columbia to determine the causes of the dramatic decline in deer population in recent years.
In addition, British Columbia and the Maa-nulth First Nations signed a Reasonable Opportunity Agreement, which defines the collaborative processes for the Parties to engage and exchange information.
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 Maa-nulth First Nations requested that Parks Canada enter into the Agreement in order that the Federal Enforcement Officers of Parks Canada may enforce the relevant natural resource sector laws of the Maa-nulth First Nations applicable within Pacific Rim National Park Reserve. The Parks Canada Adhesion Agreement was drafted in order for Parks Canada to adhere to the Framework Agreement. Toquaht Nation approved the Agreement during the reporting period; approval by the other Maa-nulth First Nations was pending.
In addition, the Maa-nulth First Nations negotiated with Parks Canada on Harvesting Permit terms and conditions, and expect to complete these negotiations during the next reporting period.
Provincial Parks & Protected Areas
On the Effective Date, British Columbia established the Power River Watershed Protected Area located adjacent to Mquqwin/Brooks Peninsula Park and Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations Lands at the Power River Estuary, and the Thunderbird's Nest (T'iitsk'in Paawats) Protected Area, located on the western shore of Henderson Lake. Prior to the Treaty, in December 2006, British Columbia and the Maa-nulth First Nations entered into a MOU for management of provincial protected areas (Parks, Ecological Reserves, and Protected Areas). This MOU provided the framework for the establishment of two committees: one with BC Parks and the Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations (KCFN) for the Management of Provincial Protected Areas within their domestic harvest area, and one with BC Parks and Uchucklesaht Tribe for the Management of Provincial Protected Areas within their domestic harvest area.
KCFN/BC Parks Committee
BC Parks and KCFN undertook the following activities:
- held ongoing meetings with the MOU Committee and discussions including Park Use Permits and preliminary work for volunteer activities, Ecological Reserve Warden, and beach clean-up activities;
- held discussions regarding signage relating to protected areas and KCFN Lands adjacent to protected areas to inform the public;
- continued to collaborate on the development of a management plan for Mquqwin/Brooks Peninsula Park and Power River Watershed Protected Area (a single management plan encompassing both provincial protected areas);
- jointly hosted a Community Meeting and Public Open House at Houpsitas Community Hall for management planning and community information/outreach;
- reviewed the draft Management Plan, which included management direction proposed as a result of a previous cultural study completed in 2011, and consulted with Quatsino First Nation regarding north end of Brooks Peninsula;
- conducted field reviews and visits to protected areas to support planning and
Uchucklesaht/BC Parks Committee
BC Parks and Uchucklesaht Tribe undertook the following activities:
- held ongoing Uchucklesaht Tribe/BC Parks Joint Committee meetings to discuss issues of mutual interest regarding Thunderbird's Nest (T'iitsk'in Paawats) Protected Area;
- conducted field reconnaissance at the most feasible water access point to the protected area, on Uchucklesaht Tribe Lands at Elbow Creek boat launch (Henderson Lake) and discussed potential signage
and locations related to Thunderbird's Nest (T'iitsk'in Paawats) Protected Area;
- reviewed information to be provided to the public through the BC Parks website regarding the Thunderbird's Nest (T'iitsk'in Paawats) Protected Area;
- continued to collaborate on the development of a management plan for Thunderbird's Nest (T'iitsk'in Paawats) Protected Area, which included a review of cultural information and an initial rough draft of the plan.
Fisheries have been central to the health and well-being of the Maa-nulth First Nations for countless generations. However, fisheries resources are not limitless. The amount of fish which may be caught under an Aboriginal right to fish remains contentious for many First Nations in British Columbia. For the Maa-nulth First Nations, their Treaty sets out allocations to fish for food, social, or ceremonial purposes (Domestic Purposes) for some specific species. Each Maa-nulth First Nation Fishing Right is limited by measures necessary for conservation, public health, or public safety. This fishing takes place in 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.
Joint Fisheries Management
Prior to the Treaty, the Maa-nulth First Nations sought greater control over how fisheries were conducted in their traditional harvest areas. Under the Treaty, final authority over fisheries remains with the relevant federal or provincial Minister. However, the Treaty requires the Parties to establish a Joint Fisheries Committee (JFC) for co-management of the Maa-nulth First Nations domestic fisheries and coordination with commercial, recreational, and other Aboriginal fishing. The JFC includes one member from each Maa-nulth First Nation, Canada, and British Columbia. The Maa-nulth First Nations and DFO provide alternating chairs. The Maa-nulth First Nations chair is in addition to the members from each individual Maa-nulth First Nation.
The Joint Fisheries Committee (JFC) held two formal meetings and one Extraordinary meeting (to discuss Fraser sockeye harvest outside the MDFA). The JFC directed the Joint Fisheries Technical Committee (JFTC) to complete items identified in annual Summary Notes through a "Work Plan." Additional matters discussed included:
- continued development of an Enforcement Plan;
- confirming the Maa-nulth First Nations Allocation (agreed by the JFC to be an underage or an overage in each Accounting Year) for harvested species;
- further work on the Fisheries Operations Guidelines (FOG) Supporting Document;
- contracting through the Buy and Sell program (a standing offer program used by DFO to facilitate contracting arrangements);
- consideration of the Maa-nulth First Nations' proposal to acquire Fraser River sockeye outside the MDFAs;
- acceptance of commercial wild oyster licenses for each Maa-nulth First Nation.
The JFC advanced previous work on the Maa-nulth First Nations FOG Supporting Document. All sections for Bivalve shellfish, Groundfish, Catch Monitoring and Reporting, Enforcement, and (Salmon) Stock Assessment were reviewed. The Catch Monitoring and Reporting and Operating Procedures sections were adopted. Work on the remainder of the document is ongoing.
Overages and underages for the reporting period remained to be discussed. The resolution of overages and underages leads to an update of the Maa-nulth First Nations Account.
An Enforcement Protocol that outlines enforcement related arrangements between the Maa-nulth First Nations and DFO was tabled for future consideration. Further discussion is required.
An oversight committee for stewardship activities was proposed for the JFC.
DFO issues an annual Harvest Document that sets out conditions for harvest of five species of Pacific Salmon, herring, halibut, rockfish, groundfish, sablefish, inter-tidal bivalves, and unallocated species. As well as the allocation for each type of fish, the document describes requirements and limitations for fishing dates and times, fishing gear, and catch reporting. The Harvest Document includes conditions for fishing unallocated species, that is, species for which there is no pre-determined harvest limit. These species include anemones, chitons, Dungeness and Red Rock crab, snails, and sea urchins.
DFO issued a single comprehensive Harvest Document for all five Maa-nulth First Nations to harvest for domestic purposes within the Domestic Fishing Areas set out in the Treaty. An amended Harvest Document was requested by the Maa-nulth First Nations for the harvest of Fraser River sockeye outside the Maa-nulth First Nations Domestic Fishing Area (MDFA). This request was declined by DFO. Further substantive discussion took place at an extraordinary JFC meeting.
Overview: 2014–2015 Fisheries Season
Under the Treaty, the Maa-nulth First Nations agree to track and provide DFO with catch data for fish harvested for Domestic Purposes. During the fishing season, the Maa-nulth First Nations report weekly harvest information to Canada through the Maa-nulth Electronic Reporting Program (MERP). Fewer delays in receiving data were experienced during the reporting period. A catch reporting workshop was held to help improve data flow issues.
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. During the reporting period, the Maa-nulth First Nations designated several non-Maa-nulth First Nations vessels to harvest salmon and groundfish. Designation documentation was carried out on a timely basis and copies of designations were received and filed by DFO, then compared with catch reports from the Maa-nulth First Nations and other sources. No issues were reported.
DFO provided fishing opportunities for all Maa-nulth First Nations Allocations. See table of catch by species by individual Maa-nulth First Nations below.
Maa-nulth First Nations allocations for Fraser River and Somass River sockeye are abundance-based. In-season run size revisions can affect Maa-nulth First Nations allocations. Advice is provided to the Maa-nulth First Nations on a regular basis during the salmon fishing season regarding abundance-based allocations. During the reporting period, the Maa-nulth First Nations requested that DFO exercise discretion provided under the Treaty to allow the
Maa-nulth First Nations to harvest outside MDFA. DFO declined two requests from the
Maa-nulth First Nations. The Maa-nulth First Nations recorded very little harvest of Fraser River sockeye during the reporting period. The run-size was significant, but most fish migrated through Johnstone Strait and Georgia Strait and not along the West Coast of Vancouver Island and the MDFAs.
The Maa-nulth First Nations requested information about and participation in commercial wild
oyster and gooseneck barnacles fisheries; these requests did not pertain to domestic harvest of
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 licenses 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 licenses 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 licenses from willing sellers. British Columbia contributed $150,000 toward the purchase of commercial licenses.
Canada's Department of Fisheries and Oceans (DFO) drafted licenses for the Maa-nulth First Nations commercial harvest of Henderson Lake sockeye salmon by commercial gill-net vessel. Amended licenses were issued as the harvest season progressed. Updates were provided to DFO relating to catch and harvest issues. Licenses (Schedule 8) for the commercial fishing of salmon, halibut, and rockfish were issued to the Maa-nulth First Nations.
The Maa-nulth First Nations were provided with five commercial wild oyster licenses. Although not a new and emerging fishery, it is worth noting that DFO was able to issue one license for each Maa-nulth First Nation. The Maa-nulth First Nations expressed interest in participating in any future gooseneck barnacle commercial fisheries. Canada provided background information and consulted with the Maa-nulth First Nations on future prospects for this fishery.
Regional First Nations Management Advisory Panel
During the reporting period, an Area 26 (Kyuquot Sound) Round Table was established. This fishing area includes the Maa-nulth First Nations Harvest Areas. Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations led the formation of this committee and three meetings were held. The goal of establishing the new round-table was to include all fisheries sectors in discussions about harvesting that was of particular interest to Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations. Canada supported the initiative with technical expertise and participation of Fisheries Management staff at meetings. Canada supports this initiative to create a local advisory board for Area 26.
|Species||Stock||Entitlement||Totals||Unit||% of Ent||Toquaht||Huu-ay-aht||Uchucklesaht||Yuułuʔiłʔatḥ||KCFN|
|Sockeye Salmon||Fraser Sockeye||14,511||43||Pcs||0.3||0||40||0||3||0|
|Sockeye Salmon||Henderson Sockeye||9,176||1,654||Pcs||18.0||12||652||196||140||653|
|Sockeye Salmon||Somass Sockeye||22,886||19,412||Pcs||84.80||1,005||4,492||2,089||5,704||6,123|
|Sockeye Salmon||Power Lake Sockeye||1||0||Pcs||0.0||0||0||0||0||0|
|Chinook Salmon||Ocean Chinook||5,531||1,722||Pcs||31.1||2||102||218||398||1,002|
|Chinook Salmon||Terminal Chinook||1,500||224||Pcs||14.9||0||32||157||0||35|
|Coho Salmon||Ocean Coho||3,630||258||Pcs||7.1||2||136||42||6||72|
|Coho Salmon||Terminal Coho||7,000||1,845||Pcs||26.4||0||21||328||257||1,239|
|Pink Salmon||Pink Salmon||7,250||2||Pcs||0.0||0||1||0||0||1|
|Sablefish (Black Cod)||3,698||990.99||Lbs||26.8||0.00||0.00||307.00||0.00||683.99|
|Species||Stock||Entitlement||Totals||Unit||% of Ent||Toquaht||Huu-ay-aht||Uchucklesaht||Yuułuʔiłʔatḥ||KCFN|
|Species||Catch Unit||Huu-ay-aht||KCFN||Toquaht||Uchucklesaht||Yuułuʔiłʔatḥ||Grand Total|
|Crab, Red Rock||Pcs||32||32|
|Steelhead (Rainbow Trout)||Pcs||75||2||9||86|
|Species||Catch Unit||Huu-ay-aht||KCFN||Toquaht||Uchucklesaht||Yuułuʔiłʔatḥ||Grand Total|
|Oysters||5 Gallon Bucket||1||1|
Since time immemorial, the Maa-nulth First Nations assert that they have governed their lands, resources, and peoples in accordance with their practices and traditions. In 1995, Canada recognized First Nations' right to govern themselves with the publication of its Inherent Right Policy. Discussions between the Maa-nulth First Nations, Canada, and British Columbia culminated in the recognition and affirmation of that inherent right to self-government in the Maa-nulth First Nations Final Agreement (the "Treaty"), signed in 2009. For the first time in modern history, the Maa-nulth First Nations have recognized legal authority within the Canadian constitutional framework to govern their own affairs.
On the Effective Date, the Indian Act ceased to apply to the Maa-nulth First Nations, except for determining whether an individual is an Indian and the administration of certain estates. The Treaty Settlement Lands are not governed under the Indian Act. Maa-nulth First Nations became the legal entities who hold title, including subsurface resources, and governing authority over these lands.
The Maa-nulth First Nations now own and govern their Treaty Settlement Lands; share in the wealth of resources extracted from their traditional territories; and have legislative tools to strengthen their language, culture, and heritage.
The Treaty ensures that individuals ordinarily resident on Treaty Settlement Lands who are not
citizens of the Maa-nulth First Nations will be consulted by the Maa-nulth First Nations' governments on decisions that directly and significantly affect them.
Maa-nulth First Nations Constitutions
A return to self-government for the Maa-nulth First Nations has not meant a complete return to
traditional governance practices. Traditions have been combined with modern concepts of representative democracy and the rule of law. While the Treaty stipulates that a majority of each Maa-nulth First Nation government must be elected, each government may also include representation from its Ḥaʔwiiḥ (hereditary chiefs). This ensures that the wise counsel of the Ḥaʔwiiḥ can form part of the governing structures and connect modern Maa-nulth First Nations governments with their past.
The Treaty requires that each Maa-nulth First Nation will have a constitution that provides for democratically-elected government with a system of financial administration, accountability, and conflict of interest rules, to standards generally accepted for governments in Canada. Through elected bodies, the Maa-nulth First Nations exercise law-making authorities in accordance with the Canadian Charter of Rights and Freedoms, the Treaty, and their own constitutions. The Treaty recognizes the constitution of each Maa-nulth First Nation ratified by its citizens before the Effective Date. Those constitutions establish the structures and powers of government for each Maa-nulth First Nation.
The law-making powers of the Maa-nulth First Nations governments are limited by the division
of legislative authority within the Canadian federal system. Through the Treaty, the Parties agree that the Maa-nulth First Nations have power to make laws over their Treaty Settlement Lands, the operation of their governments, taxation, culture and heritage, adoption, education, health and social services. Federal and provincial laws continue to apply on Treaty Settlement Land. In the event of a conflict between a Maa-nulth First Nations law and a federal or provincial law, the Treaty includes conflict of law provisions. Broadly, Maa-nulth First Nations laws will prevail for matters internal to their communities and integral to their Aboriginal culture. Each Maa-nulth First Nation has enacted a number of laws, described later in this report.
Government Programs & Services
The Treaty enabled Canada and British Columbia to transfer to the Maa-nulth First Nations the responsibility for delivery of agreed-upon programs and services for Indians, together with the related program funding.
On the Effective Date, each Maa-nulth First Nation entered into a separate Fiscal Financing Agreement (FFA) with Canada and British Columbia. These agreements set out the existing government programs that, after the Effective Date, the Parties agree are to be delivered by the Maa-nulth First Nations governments instead of by federal or provincial departments. The corresponding federal or provincial funding for these agreed-upon programs is combined into a single FFA Block Fund, and paid to the Maa-nulth First Nations governments each year. That Aboriginal government, instead of Canada or British Columbia, assumes responsibility for the delivery of these programs.
Each Maa-nulth First Nation is responsible to deliver FFA programs and services to all Indians
residing on its Treaty Settlement Lands. Block Funding permits each Maa-nulth First Nation to be flexible in determining where it directs its fiscal resources. Provided that the terms and conditions for the Block Funding transfers are met, each Maa-nulth First Nation may customize programs for its community's needs, and reallocate funding between programs. Each Maa-nulth First Nation government may retain any unspent surplus at the end of the fiscal year.
Each Maa-nulth First Nation remains eligible to participate in or benefit from federal and provincial programs for Aboriginal people, according to program criteria, where that Maa-nulth First Nation did not assume responsibility for the program and receive corresponding funding in its FFA. Applications to programs by Maa-nulth First Nations are subject to the same program criteria as other applicants.
A longstanding issue of concern for the Maa-nulth First Nations has been the return of important cultural objects. The Treaty recognizes this and ensures that many Maa-nulth First Nations artifacts will be returned from collections in the Canadian Museum of History (formerly the Canadian Museum of Civilization) in Ottawa, the Royal BC Museum in Victoria, or at Parks Canada sites. Other artifacts of the Maa-nulth First Nations may be held in federal or provincial museums under custodial agreements negotiated with the appropriate Maa-nulth First Nation.
Under the Treaty, the Parties agreed that tax exemptions for Indians as set out in the Indian Act would be phased out for citizens of the Maa-nulth First Nations. Exemption from transaction taxes will cease on May 1, 2019 and exemption from income and all other taxes will cease on January 1, 2024. During the transition period, tax exemptions remain available to Indians who are citizens of the Maa-nulth First Nations as they were prior to the Treaty.
Outside of the Treaty, the Maa-nulth First Nations may develop stable sources of revenue by negotiating tax-sharing agreements with Canada or British Columbia. Tax sharing agreements could include transaction taxes, personal income taxes, or real property taxes. A tax sharing agreement may also provide the Maa-nulth First Nations with the authority to tax persons on their Treaty Settlement Lands who are not Maa-nulth First Nations citizens.
On the Effective Date, each of the Maa-nulth First Nations entered into a Real Property Tax
Coordination Agreement with British Columbia. As of the reporting period, four of the five
Maa-nulth First Nations have assumed jurisdiction over real property taxation. (Please note that
the 2013–2014 annual report incorrectly stated that, as of the reporting period, all five Maa-nulth First Nations had assumed jurisdiction over real property taxation. As of the reporting period for the 2013–2014 annual report, four of the five Maa-nulth First Nations had assumed jurisdiction over real property taxation.)
British Columbia brought the April 1, 2013 Maa-nulth First Nations Tax Treatment Agreement Amendment Agreement into effect. This enabled the Maa-nulth First Nations to apply for and receive refunds of provincial sales tax paid by eligible Maa-nulth First Nations governments retroactively to April 1, 2013.
Non-Member residents on Treaty Settlement Lands did not experience any changes in their tax burden as a result of the Treaty during the reporting period.
The Treaty allows the Parties a fresh start with a new government-to-government relationship based on mutual respect and collaboration. Treaty implementation includes all the activities required to comply with, or give effect to, all the provisions in the Treaty. Therefore, the treaty implementation phase has no end date and requires ongoing coordination among the Parties. Through the Treaty, the Parties are provided with tools to facilitate implementation and the new relationship.
Regional District Membership
The Treaty enables the Maa-nulth First Nations to join the appropriate regional district on the ten-year anniversary of the Treaty or by providing notice to the regional district and British Columbia before the anniversary date. Yuułuʔiłʔatḥ, Huu-ay-aht, and Uchucklesaht Tribe are members of the Alberni-Clayoquot Regional District (ACRD). These nations have found that ACRD membership is an important first step in being consulted and involved in regional decisions that affect their citizens.
To facilitate the new government-to-government relationship, the Treaty requires the Parties to form a Treaty Implementation Committee. The committee is comprised of one member for Canada, one for British Columbia, and a single member to represent the five Maa-nulth First Nations. Committee members attempt to resolve implementation issues as they arise, assist the Parties to meet their individual and shared obligations under the Treaty, produce an annual report, and coordinate implementation with internal agencies. The Implementation Committee is designed to deal with the inevitable challenges of this new relationship. The Treaty also obligates the Parties to jointly produce an annual report on activities undertaken each year to give effect to, or comply with, the provisions of the Treaty.
The Parties held three Implementation Committee meetings during the reporting period. In addition, the Implementation Committee worked together to produce the 2013–2014 implementation report, which is available in both printed form and electronic format.
Enforcement of Maa-nulth First Nations Law
The Treaty establishes that each Maa-nulth First Nation is responsible for enforcement of laws passed by its legislative body. However, the Treaty allows for the Parties, at their discretion, to enter agreements on the enforcement of Maa-nulth First Nations laws.
Discussions were held between the Maa-nulth First Nations, Canada, and British Columbia to explore what options may be available for the enforcement of Maa-nulth First Nations laws, either through policing services delivered under the Provincial Policing Services Agreement, or through the Community Tripartite Agreement under the First Nations Policing Program.
Outside of treaty-related discussions, Maa-nulth First Nations continued to work with the RCMP and British Columbia to identify policing priorities and strategies related to policing and effective crime prevention in their communities. In addition, the following activities were undertaken.
- British Columbia signed the Natural Resource Sector Enforcement Framework Agreement, which the Maa-nulth First Nations had signed in the previous reporting period. The Framework Agreement sets out a framework by which Provincial Enforcement Officers and Federal Enforcement Officers may enforce relevant natural resource sector laws of the Maa-nulth First Nations.
- Letters of Expectation (LOEs) between each of the Maa-nulth First Nations and British Columbia's Ministry of Environment, Conservation Officer Service were approved and became effective. The LOEs detail business processes, including fee for service cost allocation and responsibilities for each of the signatory parties.
- LOEs were signed by the Maa-nulth First Nations and British Columbia's Ministry of Forests, Lands and Natural Resource Operations, Compliance and Enforcement Branch.
- The West Coast Conservation Officer Service investigated two files under Yuułuʔiłʔatḥ laws, one under the Resource Harvesting Act and one under the Environmental Protection Act.
- The Maa-nulth First Nations established an Enforcement Advisory Committee and identified representatives to act on behalf of member nations. These representatives will act in an advisory capacity to provincial law enforcement agencies that will assist in enforcing laws of the Maa-nulth First Nations. The Enforcement Advisory Committee is responsible for authorizing provincial enforcement officials to enforce the respective Maa-nulth First Nation laws and engage in orientation and training for those British Columbia enforcement officials regarding traditions, cultures, and legislative priorities of each of the Maa-nulth First Nations.
- Two representatives from the Maa-nulth First Nations participated in a four-day confrontation management training session in Port Alberni delivered to all West Coast Natural Resource Officers (NROs). It is anticipated that cultural orientation training for NROs will occur during the next reporting period. Until these officers carry appropriate authorization, as prescribed under the laws of the Maa-nulth First Nations, their role will be limited to reporting and recording activities to respective Maa-nulth First Nations contacts.
The Treaty requires the governments of British Columbia and each of the Maa-nulth First Nations to enter agreements to delegate, from the provincial to the Maa-nulth First Nations governments, law-making authorities regarding the foreshore that are comparable to the powers of municipalities. These Foreshore Agreements provide the Maa-nulth First Nations governments with jurisdiction over foreshore adjacent to their Treaty Settlement Lands (on average 200 meters from the high water mark), allowing them to regulate matters on the shoreline, such as nuisances, construction and development, business, and land use. British Columbia and the Maa-nulth First Nations entered the original Foreshore Agreements on the Effective Date.
Reasonable Opportunities Agreement
During the reporting period, the Reasonable Opportunities Agreement (ROA) was signed by the five Maa-nulth First Nations and British Columbia. The objectives of this agreement are to satisfy the obligations of the Parties under 10.1.11 of Chapter 10 Fisheries, 11.1.6 of Chapter 11 Wildlife, and 12.1.6 of Chapter 12 Migratory Birds of the Final Agreement. The ROA describes "reasonable opportunity" obligations, as well as defines the collaborative process to evaluate the impact of authorized uses or Dispositions of Crown land on each Maa-nulth First Nation's reasonable opportunity to harvest Fish and Aquatic Plants, Wildlife, and Migratory Birds in the Maa-nulth Harvest Areas.
The lead representatives and their alternates were appointed to both the Technical Advisory Group and the Management Working Group as mandated in the Agreement. One of the tasks appointed to the Management Working Group is to indicate the Important Harvest Areas. They are reviewed and updated annually.
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, 2014, Canada made the fourth 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.
|Nation||British Columbia's Resource Revenue Contribution||British Columbia's FFA contribution|
|Nation||Capital Transfer1||FFA Block Funding||FFA Time Limited Funding2||Resource Revenue3||Total Payments by Canada|
| 1. Total of Capital Transfers paid in unequal installments over ten years will be about $96.7m.
2. Total of federal Time Limited Funding paid in unequal installments over eight years will be about $47.8m.
3. Canada and British Columbia each pay half of the Resource Revenue amounts.
|1. Total negotiation Loan Repayments over ten years will be about $19.2m.|
*This summary is to be considered general financial information (not reporting information).
Payment of Resource Revenues
The Treaty provides for sharing of government revenues from forest resources on Maa-nulth First Nations traditional lands. Since the Effective Date of the Treaty, British Columbia and Canada have made annual resource revenue sharing payments to each Maa-nulth First Nation. These annual payments will continue until 2035. The payments are calculated as a percentage of stumpage invoiced by British Columbia from logging in the relevant Forest Districts for the previous fiscal year. Each Maa-nulth First Nation receives a payment in proportion to that nation's forested lands, according to formulae set out in the Treaty.
Canada and British Columbia jointly paid resource revenues to the Maa-nulth First Nations totaling $918,534.
The Treaty requires the Parties to negotiate agreements that describe their financial relationships. Each Maa-nulth First Nation, Canada, and British Columbia agree that every eight years (or other agreed upon period) they will negotiate and attempt to reach agreement on Fiscal Financing Agreements (FFA). The five FFAs entered into on the Effective Date expire on March 31, 2019. If the Parties do not reach agreement on subsequent FFAs before March 31, 2019, the current FFAs will continue in effect for an additional two years or such other period as the Parties may agree, whichever is earlier. Each FFA describes the amount, nature, and duration of federal and provincial transfers to each Maa-nulth First Nation and the responsibilities of each Party.
Transfers paid to the Maa-nulth First Nations to support them in the delivery of agreed-upon government programs and services were $12.1 million by Canada and $150,000 by British Columbia. In addition, each FFA calls for payment by Canada to the Maa-nulth First Nation, in eight annual installments, of Time Limited Federal Funding, the majority of which is to be used to establish an income-generating fund to support treaty implementation activities that are distinct from government programs and services. During the reporting period, Canada transferred an amount of $11.7 million to the Maa-nulth First Nations as the fourth installment of Time Limited Federal Funding.
It is Canada's policy that federal funding to support agreed-upon programs and services is the same for treaty First Nations as it is for Indian Act bands.
Own Source Revenue Agreements
On the Effective Date, each Maa-nulth First Nation entered a 20-year Own Source Revenue
Agreement (OSRA) with Canada and British Columbia. The OSRA calculates the contribution that each Maa-nulth First Nation will make from its own source revenue towards the cost of agreed-upon programs and services in the FFA. As part of the transition to self-government, the Parties agreed that the Maa-nulth First Nations contributions for the first five years will be zero, after which contribution rates increase gradually over the next 15 years. The intent of the OSRAs is to decrease reliance on financial transfers from Canada and British Columbia as the Maa-nulth First Nations become more self-sufficient over time.
The Own Source Revenue Agreements require each Maa-nulth First Nation to provide an Own Source Revenue report to Canada and British Columbia within 120 days of the fiscal year end. These reports contain the calculation of the Own Source Revenue amount, if any, to be deducted from the Maa-nulth First Nations FFA transfer payments for programs and services.
|Invested Wealth Fund||9,946,465||9,664,121|
|Funds held in Trust||1,004,222||0|
|Investments in government partnerships||405,471||284,687|
|Investment in government business entities||7,339,093||4,476,658|
|Total of financial assets||24,992,585||20,225,443|
|Accounts payable and accruals||656,610||529,222|
|Amounts due to Related Entities||250,000||0|
|Net financial assets||18,809,789||16,661,449|
|Tangible Capital Assets||17,295,580||13,097,941|
|Prepaid Capital Expense||41,298||24,782|
|Total Non-Ficancial Assets||17,336,878||13,122,723|
|Aboriginal Affairs funding||6,634,129||9,584,293|
|Province of BC||257,922||247,428|
|Revenue from Nation owed Businesses||2,985,781||2,641,891|
|*All amounts are calculated based on March 31, 2014 consolidated audited financial statements.
* This summary is to be considered general financial information (not reporting information).
The Maa-nulth First Nations provide audits annually following Generally Accepted Accounting Principles.
|Investment in First Nation owned enterprises||310,226||284,792|
|Receivable from related parties||(408,795)||741,032|
|Total of financial assets||10,807,522||12,123,644|
|Accounts payable and accrued liabilities||855,722||541,560|
|Net Assets (Debt)||2,083,742||5,600,266|
|Tangible capital assets||8,275,326||5,619,062|
|Guide Outfitting Certificate||800,000||0|
|Total Non-Financial Assets||9,677,563||6,264,559|
|Summarized Statement of Revenue and Expenses|
|Fiscal Financing Agreement funding||10,683,365||9,102,558|
|Social housing fund||92,182||293,070|
|Accumulated surplus, beginning of year||11,864,825||6,885,782|
|Accumulated surplus, end of year||11,967,341||11,864,825|
|* All amounts are in the March 31, 2015 audited financial statements or have been calculated from those statements. These statements are available to all Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations by appointment.
* This summary is to be considered general financial information (not reporting information). The Maa-nulth First Nations provide audits annually following Generally Accepted Accounting Principles.
|Goods and services tax recoverable||297,573||354,315|
|Advances to Related Parties||154,186||194,450|
|Total of financial assets||9,346,324||7,784,601|
|Wages and benefits payable||36,547||38,969|
|Funds Held in Trust||218,720||223,709|
|Net financial assets||6,934,171||5,819,783|
|Total Non-financial Assets||4,431,781||3,935,359|
|Equity in Trust Fund||2,939,012||2,122,237|
|Equity in Operating Fund||8,047,445||7,591,611|
|Equity in Enterprise Fund||379,495||41,294|
|Consolidated Statement of Operations & Accumulated|
|Aboriginal Affairs and Northern Development Canada||2,577,120||3,132,212|
|Province of BC||35,265||924,899|
|Total Surplus Revenue||4,525,113||4,801,430|
|Excess of revenue over expenditures||1,761,823||2,479,411|
|Surplus at beginning of year||9,990,142||7,510,731|
|Surplus at end of year||11,751,965||9,990,142|
|*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.
|Sales taxes recoverable||240,104||322,481|
|Designated trust funds||3,909,659||2,939,935|
|Total of financial assets||15,290,468||8,729,558|
|Wages and benefits payable||40,695||30,771|
|Net financial assets||14,989,401||8,443,366|
|Inventory held for resale||0||2,202|
|Tangible capital assets||4,039,950||3,550,196|
|Total Non-financial Assets||4,053,107||3,567,130|
|Consolidated Statement of Operations|
|Fiscal Financing Agreement and treaty-related funding||2,420,928||3,834,804|
|Accumulated surplus, beginning of year||10,784,485||7,392,324|
|Accumulated surplus, end of year||11,947,491||10,784,485|
| * 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||$1,945,554||$1,702,009|
|Other long-term receivables||147,228||210,759|
|Total of financial assets||31,300,664||26,712,526|
|Bank indebtedness and current liabilities||618,373||1,621,514|
|Net financial assets||17,022,695||15,566,238|
|Total Non-financial Assets||20,428,179||16,200,915|
|AANDC (FFA and targetted)||7,673,881||11,875,095|
|Social Housing Fund||244,928||290,054|
|Excess (deficiency of revenue over expenditures||5,356,719||8,337,300|
|* The above schedule is derived from the 2014/2015 consolidated financial statements. The above schedule is not the official audited financial information.
* This summary is to be considered general financial information (not reporting information). The Maa-nulth First Nations provide audits annually following Generally Accepted Accounting Principles.
Located south of Barkley Sound, Huu-ay-aht First Nations Treaty Settlement Land includes 1,077 hectares of former reserves and 7,181 hectares of former Provincial Crown Lands. The village of Anacla is approximately six kilometers from the community of Bamfield. The Huu-ay-aht First Nations include more than 700 enrolled citizens with 100 citizens living on Huu-ay-aht First Nations Land and the rest living away from home.
Chief Councilor, five elected Councilors, and an appointed Ḥaw̓ iiḥ (Hereditary Chief). An Executive Council oversees day-to-day operation of government while the Legislature passes laws. Huu-ay-aht Government is democratic, transparent, and responsible, and seeks to separate politics from both business and administration.
During the reporting period, Huu-ay-aht First Nations saw a significant growth in its administration. Together with the Executive Council, administration helped determine the set of values that will be used as a guide moving forward. These values include Respect, Trust,
Effective Communications, Support, Health, and Professionalism. As a self-governing nation, Huu-ay-aht will use these values to determine the expected behaviors for its staff and citizens and challenge each other to live up to them. The organizational structure of Huu-ay-aht Government was redefined to one that focuses on results, service delivery, and internal teamwork.
Huu-ay-aht also developed a new Strategic Plan, a process that examined the lessons from past successes and failures, the priorities and insights from the Huu-ay-aht Values Survey, the results of committee meetings, and the goals and perspectives of council to establish transformational long-term strategic goals.
The Strategic Plan and the clear set of values will help Huu-ay-aht Government and administration use the tools of the Treaty in a way that will continue to promote and create success for the Nation.
In determining the 2014–2017 Strategic Plan, Executive Council reviewed the successes and challenges that the organization has faced, the opportunities that exist in the region and province, and the feedback from the Huu-ay-aht Staff Survey and the Huu-ay-aht Values Survey (for all citizens). When setting strategic goals, Executive Council members took into consideration the Treaty; their mandate as elected and hereditary leaders; issues facing citizens, Huu-ay-aht Government, Administration, and Huu-ay-aht businesses; and best practices. The outcome was the identification of five "posts" to support the Nation now and in the future, and the adoption of following long-term goals.
In 20 years:
- Our People will be free from the negative effects of colonization;
- Our Children will grow up safe, healthy, connected to the community, and exemplify Huu-ay-aht values;
- Our Home will be a safe, healthy, and appealing place where half our people choose to live;
- Our Land will continue to provide sustainable wealth that respects the Huu-ay-aht value of conservation;
- Our Economy will be operated sustainably, will be the major employer in the region and will be the major source of revenue for the Nation.
Under the plan, Huu-ay-aht Government senior management will focus on communication, children and families, integrated culture and values, infrastructure, natural resources, and trade in order to achieve short-, medium and long-term goals.
During the reporting period, the Huu-ay-aht Legislature enacted the following legislation:
- Budget Act 2014;
- Budget Act 2013–2014;
- Economic Development Plan;
- 2014–2015 Financial Plan
Citizen Development Committee
Huu-ay-aht's Citizen Development Committee advises Executive Council on social issues, such as employment, education, addiction, and housing. During the reporting period, the committee:
- continued the Crisis Grant Policy, which is designed to provide one time assistance (per fiscal year) to Huu-ay-aht citizens experiencing unforeseen hard- ship or crisis;
- maintained its Child and Family Services department, which includes a coordinator responsible for supporting children and families who become involved with the child protection system, and building stronger families through prevention, education, and connections to extended family;
- continued planning for a language- and culture-focused early learning program, similar to the Anacla Paawats model, in Port Alberni;
- continued negotiations for the Usma Protocol Agreement to allow Huu-ay-aht Government more input and communication regarding children in Usma care, and to focus on prevention while holding Usma more accountable (the Usma Program operates under the auspices of the Nuu-chah-nulth Tribal Council, which is party to a Delegation Agreement with Canada and the Director of Delegated Agencies);
- finalized plans for a youth culture camp for Huu-ay-aht youth, as well as a youth conference for young adults;
- partnered with universities, including the University of British Columbia and Queens University, to conduct important research related to treaty implementation;
- partnered with HFN Forestry Limited and Western Forest Products to help more Huu-ay-aht citizens gain employment in the forestry sector.
Huu-ay-aht Treaty Implementation Commitee
The Huu-ay-aht Treaty Implementation Committee (HTIC) provides a forum to discuss
successes and challenges of the implementation of the Treaty with Huu-ay-aht public officers while ensuring that the benefits of the Treaty improve the lives of citizens. The committee will also create and implement a system to measure the success of the Treaty.
To guide its actions in both the short and long term, the committee created an implementation strategy and addresses each of the following items every time it meets:
- Huu-ay-aht Benefits List;
- Implementation Challenges;
- Huu-ay-aht Implementation Work Plan;
- Maa-nulth First Nations Treaty 15–Year Review Indicators.
During the reporting period, through its Finance Committee, Huu-ay-aht Government:
- updated the three-year Financial Plan that is consistent with the Strategic Plan;
- ensured the committee was fully represented;
- completed the next Budget Cycle;
- continued working to ensure the Invested Wealth Fund is on target;
- prepared a Cash Management Plan for the upcoming fiscal year;
- continued to make sound recommendations to the Executive Council on all financial requests.
In addition, Huu-ay-aht Government's Finance Department continued improvements on reporting and communication to each department head, executive council, and funding agencies. A new accounting system was implemented to facilitate this process. Huu-ay-aht Government's new Port Alberni office was successfully procured and a renovation process began. Negotiations for the purchase of the Port Alberni Pawaats building were successful.
Invested Wealth Fund & Settlement Trust
The HFN Financial Administration Act directs that the Finance Committee oversee the management of the Huu-ay-aht Invested Wealth Fund (IWF) and is the Trustee for the Huu-ay-aht Settlement Trust (HST). Both the IWF and the HST are managed by a professional
investment firm selected after an open and competitive solicitation process. The IWF holds the Time Limited Treaty funds, which are being saved for future generations. Interest generated on the fund is being used to fund government programs and services. The HST
was created to hold, protect, and nurture Treaty Capital Transfers and Resource Revenue payments for the benefit of Huu-ay-aht First Nation and its citizens.
Lands & Natural Resources
During the reporting period, Huu-ay-aht Government engaged in preliminary discussions on the strategies for development on Huu-ay-aht Treaty Settlement Lands (TSL). The 20-year strategic plan takes into account over half of Huu-ay-aht citizens choosing
to live at home on TSL—a challenging goal that requires Huu-ay-aht Government to fully
prepare for a wide range of development opportunities.
The Huu-ay-aht Lands Committee also met with other committees to discuss the Economic
Development Plan and various business opportunities that relate to TSL.
In addition to joint Maa-nulth First Nations fisheries activities and reporting, Huu-ay-aht's Fisheries Committee also participates in the Uu-a-thluk (ʔuuʔałuk) Council of Ḥaw̓ iiḥ. The Fisheries Committee works to ensure Huu-ay-aht Government meets its treaty obligations and fisheries allocations. During the reporting period, additional budget resources were allocated to support the food fish program, including funding from the shared geoduck license administered by Nuu-chah-nulth Tribal Council Fisheries. The food fish budget increased from $40,000 to $67,000.
Cooperative Parks Management
Huu-ay-aht Government works with Parks Canada on a Cooperative Parks Management Board. During the reporting period, Huu-ay-aht Government continued to develop and protect the Kiixʔin National Historic Site.
Huu-ay-aht Economic Development
Huu-ay-aht Economic Development Committee manages Huu-ay-aht Government's role in economic development. Committee members are also members of the Board of Directors of the Huu-ay-aht Development Corporation, which oversees the operation of Huu-ay-aht commercial enterprises, such as forestry and the Pachena Bay Campground and Gravel Pit. The Economic Development Committee works to create profitable businesses to provide revenue to the government for maintaining, increasing, and expanding government programs and services, and to further enhance economic opportunities for its people by creating reliable job opportunities when they are justified in a profitable business.
During the reporting period, the Huu-ay-aht Economic Development Committee and Development Corporation collaborated on the implementation of the Huu-ay-aht Economic Development Plan. The plan includes legacy economic projects and business relationships (including the West Coast Trail, Pachena Bay Campground, Gas Bar, Bamfield Market and Café, Bamfield East Dock, and Gravel Pit), as well as newer opportunities (including Huu-ay-aht Forestry LP, Huu-ay-aht Fisheries LP, and Huu-ay-aht Lands LP). Projects currently in development include micro hydro, comprehensive tourism development, mineral cataloging and exploration, shellfish aquaculture, real estate, and communications infrastructure.
Huu-ay-aht Government continued its investigation of the potential of agriculture and livestock, power generation, fisheries and ocean resources, forestry and non-timber resources, mining and minerals, deep-sea port development, and comprehensive service provision to Huu-ay-aht and other governments.
In addition, work continued on the feasibility of a deep-sea port development project. This consists of exploring the opportunities in both container ship port development and/or a liquefied natural gas facility on Huu-ay-aht Treaty Settlement Lands. Both projects are being developed concurrently.The timber harvest on Huu-ay-aht Treaty Settlement Lands continued to be successful.
Huu-ay-aht is committed to improving the quality of communication between its government, administration, and citizens. During the reporting period, Huu-ay-aht Communications Department reinstated Uyaqḥmis, the Huu-ay-aht newspaper. The department organized community engagement meetings, prepared materials to ensure citizens are informed, and organized Huu-ay-aht's Home Visits Strategy, all of which aim to ensure citizens are more connected and have a variety of ways through which they can ask questions and receive information about their nation.
Public Works & Infrastructure
Highlights the major capital projects undertaken by Huu-ay-aht Government during the reporting period include the following.
- Sewer project: discussions with the Bamfield Marine Station continued.
- A Pachena River Pedestrian Bridge feasibility study was completed, which outlined the costs and placement of a bridge across the Pachena River connecting the two sides of the community. The project remained idle until a decision is made to commit funding.
- A second phase of the Anacla Triplex renovation was completed (a second unit was completed).
- Subdivision Phase 1: Nookemus Road upgrade investment included the main access road that leads to the House of Huu-ay-aht and office.
- Investment in burial space for Huu-ay-aht citizens continues to be ongoing. There are two options for the cemetery project, either extending the current Sarita site or a new location.
- The Bamfield/Anacla Pedestrian Path Project aims to provide a safe walking and cycling area between the communities. The groups included in the Community Accord process have decided to make this their first community project.
Liquefied Natural Gas Project
In the previous reporting period, Huu-ay-aht Government was introduced by the Port Alberni Port Authority to Steelhead LNG, a British Columbia-based liquefied natural gas (LNG) company interested in building a LNG facility on Huu-ay-aht Treaty Settlement Lands. During the reporting period, discussions continued on forming a partnership between the company and Huu-ay-aht.
Huu-ay-aht Programs & Services
Health & Human Services Department
Huu-ay-aht Government is committed to improving education and training opportunities for all citizens, especially youth, and to research and implement strategies to improve the emotional, social, and physical health of both citizens and staff. In pursuit of those goals, Huu-ay-aht's Health and Human Services department offers the following services.
- Employment Incentives: offering support to get people back to work through on-the-job skills training.
- Family Violence Prevention: offering families activities to promote unity and togetherness.
- Indian Residential School Counseling: offering support for Residential School survivors.
- Social Assistance: providing for basic needs.
- Patient Travel Assistance: providing extra funds when needed.
- Support for recreational activities: promoting healthy living for adults, youth, and children.
- Paawats: providing no-charge childcare.
- Family Support: providing advocacy for families in the courts and child protection system.
- Education funding for post-secondary students.
- Funding provided for Trades, Vocational, and Technical programs.
Language & Culture
The successful Quuquuaca Language Society (QLS) Language program continued during the reporting period. Huu-ay-aht Government also maintained North Island College (NIC) Aboriginal Language Certification programming. Representatives from Huu-ay-aht were
both teaching in the classroom and serving on the QLS board.
During the reporting period, the Ḥaw̓ iiḥ Council (of Hereditary Chiefs) continued to meet and apply Huu-ay-aht cultural practices in Huu-ay-aht Government programs, administration, and social life. Huu-ay-aht Government supported several citizens in continuing their language training through the Aboriginal Language Revitalization program at the University of Victoria and at the North Island College Gathering. In addition, Huu-ay-aht Government staff facilitated basic language lessons at the Port Alberni and Anacla offices.
For more information, visit the Huu-ay-aht First Nations Webpage.
Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations (KCFN) is a confederacy, comprised of several chiefly families. KCFN Treaty Settlement Lands (TSL) includes 6,299 hectares scattered throughout KCFN Traditional Territories on northwest coast of Vancouver Island. Of this total, 379 hectares were formerly KCFN Indian Reserve Lands. The combined citizenship for KCFN is 607 citizens: 25 percent live in Houpsitas, 18 percent reside in Campbell River, and the rest reside throughout British Columbia and Washington State.
KCFN Government is designed to separate politics from administration and business while providing democracy, transparency, certainty, and clearly defined government roles and responsibilities. Since April 1, 2011 KCFN has had a democratically-elected Legislature, an
Executive with delegated authority from the Legislature, and a separate Administration with clearly defined roles, responsibilities, and reporting requirements. The KCFN Legislature includes one elected Legislative Chief, four elected Legislative members, and four Legislative
Ḥaʔwiiḥ members appointed to the Legislature by the Ḥaʔwiiḥ Advisory Council.
The Legislature makes laws and approves an annual budget. The KCFN Executive is comprised of the eight legislative members (excluding the Legislative Chair). A delegated authority of the KCFN Legislature, the KCFN Executive provides oversight to the Directors of the Administration and makes regulations for the Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations.
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, in response to Legislative and community concerns about the existing wording in the KCFN Constitution, a KCFN Constitution Reform Referendum was conducted. This was the first official referendum held by KCFN Government. This referendum did not meet the threshold of including at least 40 percent of all eligible voters. However, of those who voted, the vast majority were in favour of all proposed changes.
KCFN Government Vision Statement
We are a healthy, self-sustaining, self-governing, thriving, prosperous community of Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations people. We fully express our language, songs, dances, carvings and culture in our school, our lives, our community, and our longhouses.
Our social lives are enhanced by continued interaction between our elders, youth, and members facilitated by community activities such as: storytelling nights, movie nights, youth campouts, community picnics and cultural gatherings.
We have a standard of living, based on sustainable resources of our territory, which allows for a healthy diet, full employment, local materials, a rich social life enhanced by the interaction of our youth and elders and all members of our community. Recreational, leisure, and year round
employment and economic opportunities are abundant and are available for all of our people, youth to elders.
Our community is sustained socially, culturally, and economically. This is based on the many benefits, which flow from our control and management of natural and human resources, and our respectful relations with other nations, governments, businesses, and people.
Our government understands and responds to the needs of our people and provides services and facilities, updated communications systems, infrastructure, housing, a community center, a road to Houpsitas and Che:k'tles7et'h' Territory, a multiplex/sportsplex, marina, self-government offices, school and other amenities that meet our needs in a fair and equitable fashion.
During the reporting period, the KCFN Legislature enacted the following legislation:
- Elections Act;
- Housing Authority Act;
- Building and Development Authorization Act;
- Miscellaneous Amendments Act;
- Enforcement Framework Amendment Act No. 2;
- Economic Development Act;
- Grammatical and Typographic Amendments Act;
- Annual Budget Act 2015.
The KCFN Constitution and the KCFN Government Act require KCFN Government hold an Annual People's Assembly.
On May 3 and 4, 2014, KCFN citizens took the opportunity to speak, be heard, and to make recommendations to KCFN Government.
This People's Assembly was an opportunity for KCFN citizens, as well as leadership, to become more familiar with self-government under the Treaty. In particular, the two types of resolutions accepted at KCFN Annual Peoples Assemblies were clarified—binding and non-binding. Proceedings were respectful and transparent. The format of the event, along with the appointment of a facilitator, was instrumental in its success.
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 and recommendations on treaty implementation and making recommendations to KCFN Legislature regarding treaty implementation. During the reporting period, the KCFN Implementation Committee met seven times and participated in three Maa-nulth First Nations Tripartite Implementation Committee meetings.
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.
During the reporting period, KCFN continued work on defining, recording, and mapping"historic land interests" so that land development may proceed in an orderly fashion. Legal surveys of Treaty Settlement Lands continued northwest of Houpsitas. The Maa-nulth First Nations Reasonable Opportunity Agreement (ROA) was ratified and KCFN is managing the"portal" for engagements under this agreement (pre-treaty these were known as "referrals" or "consultations").
KCFN has two ROA technical representatives who meet regularly with the other Maa-nulth First Nation technical representatives to conduct data management, monitor and assess a set of indicators, and provide supporting information, analysis and recommendations to the ROA Management and Working Group (MWG). The ROA MWG meets annually to review and assess all British Columbia Authorizations and Dispositions throughout the Maa-nulth First Nations' territories, consider their real or potential impact on Maa-nulth First Nations Harvesting Rights, and to ensure there is no denial of the Maa-nulth First Nations Harvesting Rights.
In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, KCFN undertook the following activities.
- Members have largely integrated activities into the KCFN fisheries regulatory regime. Catch reporting has improved over last year. Previously unregulated harvesting is now integrated into the Communal Food Fish program.
- Members continue to provide solutions to operational fisheries issues. Members and staffs are now more comfortable with the Domestic Use fish distribution. Most of the KCFN fisheries allocation was harvested.
- Fish transport, freezer capacity, and fish distribution to members living away from home continued to be challenges but were operationally successful. Catch reporting and monitoring programs continued to be refined. Members continued to access allocated and unallocated species for domestic use.
- The challenge for this reporting period, as last, was to find ways to enhance the communal aspects of the fishery—from fishing cleaning to smoking and preserving collectively.
- New methods of cost effectively harvesting more of the KCFN allocation of all fish species were implemented.
- The inaugural meeting of the "Area 26 Roundtable" was hosted by KCFN. With the involvement of KCFN, local fishing lodges, and DFO, the roundtable approach is expected to yield results through an all-party, consensus-based approach to
decision-making in the fisheries sector.
- Terminal Chinook stock conservation and inventory of the two local sockeye stocks (Jansen and Hisnit Lakes) were a focus of detailed fishing plans and DNA sampling programs in concert with the local fishing lodges.
Wildlife & Migratory Birds
During the reporting period, KCFN Harvest Licenses were issued to all eligible KCFN citizens who applied. No ƛ̓uunim (elk) were harvested from the allocation of six animals. The KCFN Wildlife Committee met once with the main concern continuing to be the number
of predators and the dwindling number of muwič/ʕaatuš (deer). KCFN continues to endorse "Order of the Director" to close the harvest of female deer and to limit the harvest of male deer to times 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 Maa-nulth Wildlife Harvest Plan (which was approved by British Columbia). This plan emphasized a cooperative stewardship approach to wildlife management
with British Columbia, guide outfitters, trappers, and the B.C. Wildlife Federation.
KCFN hunters have yet to fully utilize the wildlife harvest reporting system now incorporated into the Maa-nulth Electronic Reporting Program (MERP).
During the reporting period, KCFN's TSL Forestry Program undertook inventory assessment in preparation for community consultation on a KCFN Forestry Plan and the establishment of a KCFN Forestry Limited Partnership. Work to access a treaty-related, off-TSL commercial First Nations Woodland License tenure continues to progress.
Two Woodlot licenses were fully operational with harvesting, silviculture, and forest access programs based on market-dependent annual or five-year harvesting plans.
Qacca Settlement Trust
KCFN, together with Toquaht Nation and Uchucklesaht Tribe, formed Qacca Settlement Trust in 2011 to take advantage of lower administration costs. All Capital Transfer payments and Resource Revenue payments are deposited into the Trust. The purpose of the Trust is to hold, protect, and nurture these funds for the benefit of these First Nations. The treaty payments contributed to the Trust become the responsibility of its Trustees and are managed by a professional investment manager. KCFN is committed to using these funds wisely by borrowing from them, rather than expending them, so that they remain a financial resource for future KCFN generations.
KCFN Programs & Services
KCFN maintained its education agreement with School District 84 (K–12). During the reporting period, KFCN undertook an initiative to address education requirements so that KCFN youth education standards are comparable to other British Columbia communities. KFCN's Head Start program became fully functional.
Health & Social Services
Post-treaty, the KCFN Health Program (under contract with the Nuu-chah-nulth Tribal Council) remains in place, as does the KCFN Social Services Program.
Culture & Heritage
Since the Effective Date, KCFN has placed renewed emphasis on the distinct culture and languages of the Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations. KCFN offers twice-weekly Language Nights where citizens are welcome to sit with elders to learn the Ka:'yu:'k't'h' and Che:k'tles7et'h' languages.
During the reporting period, KCFN continued its language programs and placed special emphasis on youth dancing.
Construction continued on the new Health Centre, six housing units, and a Public Works storage building.
For more information, visit the Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations Webpage.
The Toquaht are the people of Toquaht Bay, Mayne Bay, and western Barkley Sound. The Toquaht are one of the Nuu-chah-nulth Nations who have lived along Vancouver Island's west coast for over 10,000 years. Though once estimated to be 10,000 strong, today the Toquaht Nation includes 150 citizens. Located in Barkley Sound near the town of Ucluelet, Toquaht Nation Treaty Settlement Lands include 196 hectares of former reserves and 1,361 hectares of former Provincial Crown Lands.
Toquaht Nation's Council consists of an appointed/hereditary ḥaʔwił as Chief, an appointed/hereditary cha ma ta (Second Chief), and three citizens elected for four-year terms. After an election, a Chairperson is chosen from among the five Council members for a four-year term. The Toquaht Nation Council enacts laws, which are enforced by the Toquaht Nation Executive, the Director of Operations, and Administration staff. The Toquaht Nation Executive consists of Council members who hold Executive portfolios in the following areas: Chairperson; Finance; Community Services; Lands, Public Works and Environmental Protection; and Resource Harvesting. The Director of Operations and Administration staff oversees day-to-day government operations and report to Toquaht Nation Executive. Toquaht Nation'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.
Toquaht Nation holds four People's Assemblies annually, 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 2014–2015) was presented at the first People's Assembly of the reporting period. The People's Assembly is a platform to bring citizens together to present updates on ongoing operations, to introduce new projects and services, a place to review the audit and annual reports, and to seek recommendations to approve the Annual Budget. The quarterly Toquaht Newsletter provides information on programs, projects, interesting facts, and the Draft Minutes from the latest People's Assembly.
During the reporting period, the Toquaht Nation Council enacted the following legislation:
- Application of Laws to Foreshore Act;
- Enforcement Framework Amendment Act No. 1;
- Enforcement Framework Amendment Act No. 2;
- Business Licensing Act;
- Grammatical and Typographical Amendment Act;
- Annual Budget Act 2015–2016;
- Five-Year Financial Plan Act 2015–2020
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 General Election
In preparation for the end of the first four year term of Toquaht Council, September 21, 2015 was set as the general voting day of the second Toquaht General Election. A Chief Electoral Officer was also appointed.
Official Community Plan
As part of its treaty obligation, Toquaht Nation continued work on the Official Community Plan (OCP). Before any significant development is planned or completed on Toquaht Lands, an OCP must be in place. During the reporting period, Toquaht Nation continued refining and amending the draft OCP.
Alberni Clayoquot Regional District
Although Toquaht Nation has not yet initiated the process of joining the Alberni-Clayoquot Regional District (ACRD), members of theToquaht Nation participated in some ACRD forums and meetings as guests during the reporting period.
Toquaht Nation's Economic Development Committee includes members of Council and other community members and staff. The committee assists Toquaht Nation with Economic Development decisions. Prior to the Treaty, to allow for the separation of politics and business, Toquaht Holdings Ltd. was formed with an independent board of directors who helped develop an Economic Development Plan. Under the umbrella of Toquaht Holdings Ltd., a number of operating companies and boards were formed. The following are highlights of economic development activities undertaken during the reporting period.
Additional Land Purchase
The Treaty identified preselected parcels of provincial Crown Land in Appendix F-1, referred to as "potential additions," that the Toquaht Nation may purchase from British Columbia and add to its Treaty Settlement Lands (TSL). During the reporting period, Toquaht Nation purchased a 68-hectare portion of the pre-approved F-1 lands. Notice was given stating that the AppendixB-3, Part 2(a) Plan 9 and Appendix D is deemed to be amended by the addition of District Lot 2240, Clayoquot District, British Columbia, to the TSL of the Toquaht Nation.
Secret Beach Campground & Kayak Launch
The Secret Beach Campground and Kayak Launch was developed and built to temporarily replace the original Toquaht Bay Marina and Campground that was shut down during the last reporting period due to heavy metal contamination. The Toquaht Bay Marina and Campground remained closed while Toquaht and British Columbia negotiated a remediation plan. During the reporting period, the new Secret Beach Campground officially opened and was used as the site of the 2014 People's Assembly. In addition, the boat launch and marina were approved to reopen.
Barkley Community Forest
The Barkley Community Forest is jointly owned by the District of Ucluelet and the Toquaht Nation. The Barkley Community Forest has been negotiating with British Columbia to obtain a Community Forest Agreement (CFA) on Crown land for over ten years. The vision for the Barkley Community Forest is to enhance community stability and quality of life for local residents through community control of the forest resource. During the reporting period, the Barkley Community Forest Board began developing a Forestry Stewardship Plan.
The Capital Projects Committee oversees planning and development of all capital projects undertaken on Toquaht Nation Treaty Settlement Land. The following are highlights of initiatives undertaken during the reporting period.
Water Treatment Plant
Although the construction of a new water treatment plant was completed at the end of last reporting period, the boil water advisory remained in effect while the required testing took place. The decade-long Boil Water Advisory was officially lifted on July 28th, 2014.
Community Sewage Disposal Solution
During the reporting period, Toquaht sent out a Request for Proposals for a Sanitary Sewer Collection Development (Preliminary and Detailed Design) in Macoah Village. Stantec Consulting Ltd. of Victoria was awarded the contract and developed a Feasibility Study and Options Analysis. Council reviewed and choose from among the options presented by Stantec. Construction is slated to begin in the next reporting period.
Currently, Toquaht Government does not have administrative offices or a gathering place within its territory. During the reporting period, Toquaht Government set the goal of building a Community Building/Government House located on TSL in the near future.
In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, Toquaht Nation:
- managed the Domestic Harvests of sockeye and halibut;
- coordinated the distribution of fish to citizens;
- continued to seek the purchase of an Area D Gillnet Salmon License and a ZN (Rockfish by Hook and Line) License, when they become available at a reasonable cost, with federal funds set aside for the purchase of fishing licenses.
Toquaht Programs & Services
After the Effective Date, government programs for education, health, and social services for Toquaht citizens continued largely without change (except a slight increase in K–12 and post-secondary funding).
Toquaht Nation's Health Department promotes medical and public healthcare programs, organizes community health promotion, and provides a Health Column in the quarterly newsletter. Toquaht Nation maintains close contact with various service providers to ensure citizens have access to the Nuu‑chah‑nulth Tribal Council Health Nurse and Patient Travel program for medical appointments, etc.
Toquaht citizenship includes 48 primary and secondary students. Toquaht Nation encourages its children to excel in their education by providing a small monetary disbursement when they get a good report card. During the reporting period, Toquaht Nation provided a student allowance and school supply funds for youth, grades K–12, as well as funding to attend culturally-centered science camps and other extra-curricular activities. Toquaht Nation also supported five citizens undertaking post-secondary studies. Toquaht Nation purchases post-secondary education services from the Nuu-chah-nulth Tribal Council.
Language & Culture
Toquaht Nation is a member of the Central Region Nuu-chah-nulth Language Society, which encourages the revitalization of First Nations heritage. During the reporting period, Toquaht Nation sponsored language classes, and the Language and Culture Coordinator held weekly potluck language lunches for interested staff and citizens. In addition, Toquaht Nation helped support Tluu-pich Games, Culture Nights in Port Alberni, and a Christmas Fund for citizens.
For more information, visit the Toquaht Nation, Facebook.com/ToquahtNation, Twitter.com/ToquahtNation.
The Uchucklesaht Tribe resides on the west coast of Vancouver Island in West Barkley Sound. A tribe of the Nuu-chah-nulth First Nations, the Uchucklesaht Tribe at one time consisted of over 2,000 members, and now has approximately 266 enrollees and citizens. Uchucklesaht Treaty Settlement Lands are situated southwest of Port Alberni and include 233 hectares of former reserves and 2,834 hectares of former Provincial Crown Lands.
The Uchucklesaht Tribe Government includes a legislative Council and Executive. Comprised of elected members of the Uchucklesaht Tribe, the Uchucklesaht Council enacts, amends, and repeals laws. The Executive, comprised of members of the Council, may enact regulations, oversee government administration, and act as a conduit between Council and administration. Executive portfolios include: Chief Executive and Executive holding Economic Development Portfolio, Executive holding Secretary/ Treasurer Portfolio, Executive holding Lands and Resources Portfolio, and Executive holding the Human Services Portfolio. Seven Councilors have active roles in Uchucklesaht Tribe Government. During the reporting period, the Executive held 27 meetings and Council met ten times.
During the reporting period, the Uchucklesaht Tribe Legislature enacted the following legislation:
- Annual Budget Amendment Act;
- Park Act;
- Enforcement Framework Amendment Act;
- Election Act Amendment Act;
- Grammatical and Typographical Amendments Act;
- The Thunderbird Borrowing Act;
- Annual Budget Act.
The Uchucklesaht Tribe Constitution calls for a general assembly of Uchucklesaht citizens to be convened at least twice annually to review Uchucklesaht Tribe Government operations, budget, audit, and annual reports. People's Assemblies were held twice during the reporting period.
The Uchucklesaht Tribe Economic Development Committee is comprised of the Chief Councilor, Economic Development Officer, and outside business experts. The committee meets at least six times per year to discuss plans and economic development opportunities. During the reporting period, the Economic Development Committee continued to investigate the potential purchase of several commercial licenses.
In April 2013, the Uchucklesaht Tribe Economic Development Officer and Executive Council toured a heritage building in Port Alberni that offered many possibilities and options for economic development opportunities and office space. During the reporting period, the Uchucklesaht Tribe purchased the building. A detailed market analysis was made of the rental market in Port Alberni and it was determined that the market is in dire need of high-end apartments. Executive Council reviewed more than a dozen designs looking for the most cost effective and useful building for the Uchucklesaht Tribe Government and its citizens.
When complete, the building will consist of four levels and include administration offices, boardrooms, a cultural center, carving room, computer lab, restaurant, coffee shop, short term patient travel stay rooms, long-term residential apartments, a fish processing area and freezers. The building should be complete by the summer of 2016 and rental revenues will pay for the building and upgrades over time.
Official Community Plan
Before development can commence on Uchucklesaht Tribe Treaty Settlement Lands, an official community land use plan must be in place. During the reporting period, council requested that the Advisory Planning Commission complete a draft Uchucklesaht Tribe Community Plan and an overview of Zoning Areas for a Zoning Act. The Advisory Planning Commission, made up of Uchucklesaht Enrollees and Citizens, worked to complete a draft Community Plan and draft Zoning Act for council review.
Alberni-Clayoquot Regional District
The Uchucklesaht Tribe is a member of the Alberni-Clayoquot Regional District (ACRD) and is represented by an Uchucklesaht Tribe legislative councilor at monthly ACRD meetings. Being a part of the ACRD Board enables Uchucklesaht Tribe to work with other regional district members within a larger regional context. It also enables the Tribe access to services such as building inspection, regional parks, regional planning, regional library, economic development, and emergency planning.
In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, Uchucklesaht Tribe Government undertook the following activities:
- administered the Food Fishery and distribution;
- distributed harvest documentation;
- assisted in preparing the annual fishing plan and bivalve fishing plan;
- hired fisheries technicians to monitor fisheries harvesting;
- managed a fish fence in order to monitor salmon going up the Henderson Lake River;
- attempted to access Fraser sockeye, but did not succeed in accessing this food fish allocation due to access restrictions.
Lands, Natural Resources & Environment
The Uchucklesaht Tribe Government Director of Lands and Resources oversees all lands related activities on Treaty Settlement Lands. This includes the development of the Official Community Plan, managing all fisheries activities, and attending Maa-nulth First Nations meetings as the Uchucklesaht technical representative.
Uchucklesaht Tribe Government has a forestry manager who oversees its small-scale forestry operation. Forestry activities include forest development both on Treaty Settlement Lands and within the larger Uchucklesaht traditional harvest area.
Uchucklesaht/BC Parks Committee
Comprised of members of Uchucklesaht Tribe Government and BC Parks, this committee cooperatively plans for the future of the Tiitskin Paawats, an area sacred to the Uchucklesaht Tribe. For more detail on the committee's work, see page 7.
Uchucklesaht Tribe Parks
During the reporting period, the Uchucklesaht Tribe Government acted to protect an area of old growth cedar and fir located on the southeast portion of the Henderson Lake, as well as a forested area located near the Henderson Lake Lodge. These two park locations are now protected under the Uchucklesaht Tribe Parks Act.
The Uchucklesaht Tribe Finance Department consists of a Director of Finance, Bookkeeper, and Accounts Payable Clerk.
Qacca Settlement Trust
Uchucklesaht Tribe Government (along with KCFN and Toquaht Nation) formed Qacca Settlement Trust to take advantage of lower administration costs. All Capital Transfer payments and Resource Revenue payments are deposited into the Trust. The purpose of the Trust is to hold, protect, and nurture these funds for the benefit of these First Nations and their citizens.
Uchucklesaht Programs & Services
Uchucklesaht Tribe Government maintains a service agreement with Nuu-chah-nulth Tribal Council to provide additional education, health, and social services. This agreement is renewed annually.
Human Services Department
The Human Service Department manages and organizes programs and services for Uchucklesaht Tribe enrollees and citizens.
- Post-Secondary Education;
- Trades Training;
- Social Assistance;
- Weekly Culture and Language
- Patient Travel/Health;
- Public Events (including picnics, fun fairs, educational workshops, swims, walks, camps);
- School Attendance Allowances;
- School Supply Funds;
- Elders Hampers;
- Healthy Food Family Boxes;
- Food Preservation Workshops;
- Honouring Luncheons.
Language & Culture
The Uchucklesaht Tribe Government's Culture and Heritage Department supports and encourages cultural practices among Uchucklesaht people. The Culture and Heritage Department holds a variety of workshops, including:
- Cedar Bark Weaving Classes;
- Nuu-chah-nulth First Nation Language Classes;
- Rattle and Drum Making Classes;
- Preserving Traditional Foods (salmon and berries);
- Traditional Plants and Meanings Classes/Nature Walk.
For more information, visit the Uchucklesaht Tribe.
The Yuułu ił ath. Nation (formerly known as Ucluelet First Nation) has a population of 600 citizens. Approximately 200 Yuułu ił ath. live in the community of Hitacu, which is located on the west coast of Vancouver Island, the rest reside mainly in Port Alberni, Nanaimo, Victoria, and throughout Vancouver Island. The west coast has been home to the Yuułu ił ath. people since time immemorial and the Yuułu ił ath. 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 Ucluelet Inlet. Yuułuʔiłʔatḥ traditional territory, or Ḥaaḥuułi as it is called in the Nuu-chah-nulth language, extends to Kʷisitis, located in the Pacific Rim National Park Reserve, and to the Effingham Inlet and Nahmint areas of Barkley Sound. Through the Treaty, Yuułuʔiłʔatḥ gained 199 hectares of former reserve lands and 5,147 hectares of former Provincial Crown Lands, plus 92 hectares of fee-simple and surplus federal government lots and houses (rented out to Yuułuʔiłʔatḥ citizens) located within the District of Ucluelet.
Through the Treaty, Yuułuʔiłʔatḥ gained 199 hectares of former reserve lands and 5,147 hectares of former Provincial Crown Lands, plus 92 hectares of fee-simple and surplus federal government lots and houses (rented out to Yuułuʔiłʔatḥ citizens) located within the District of Ucluelet.
Yuułuʔiłʔatḥ Government consists of a Legislative branch, an Executive branch, and a People's Assembly, which is called the Hitacu Assembly. The Yuułuʔiłʔatḥ Legislature is a blend of a modern-day governance model and a hereditary system. It is comprised of eight members and a President (the Elected Chief) as well as a representative of the Ha'wiiḥ (Hereditary Chiefs). The Legislature meets to review the recommendations from the Executive branch and to enact legislation. An independent chairperson presides over each meeting of the Legislature. During the reporting period, the Taayii Ḥa̓ wił, or head chief, served as the representative to the Legislature. A by-election was held to fill a vacant seat on the Legislature.
In addition, during the reporting period, the Yuułuʔiłʔatḥ Legislature:
- adopted the terms of reference for a community consultative group and an ad-hoc volunteer fundraising committee;
- approved technical and grammatical changes to the Yuułuʔiłʔatḥ Constitution (a constitutional referendum was held to make substantive changes to the Constitution; however, the vote did not reach the threshold required to pass the amendments);
- established three committees of the Legislature (a community consultative committee, an ad-hoc volunteer fundraising committee, and an Elders' Advisory to Ha'wiiḥ [Hereditary Chiefs] Committee);
- approval to the first seven applications for land title transfer to citizens.
During the reporting period, the Yuułuʔiłʔatḥ Legislature enacted the following legislation:
- Miscellaneous Amendment Act;
- The Public Order, Peace and Safety Act;
- Capital Borrowing Act;
- Annual Budget Act 2014–2015;
- The Enforcement Framework Amendment Act;
- Application of Laws to Foreshore Act;
- Construction and Infrastructure 2014–15 Capital Borrowing Act;
- Revised Economic Development Act;
- Land Act Fee Simple Title Amendment Act.
During the reporting period, Yuułuʔiłʔatḥ citizens and the Yuułuʔiłʔatḥ Legislature gathered together for four Hitacu Assemblies (held in April, May, September and December). Citizens were informed about ongoing government activities and were involved in discussions about proposed constitutional amendments and the annual budget.
Finance & Taxation
The Financial Administration Act 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 created a property tax system through which revenues are collected from owners and occupiers of Yuułuʔiłʔatḥ Land. During the reporting period, taxes were collected from five different properties rented out by the nation.
A standing committee on finance reviews quarterly and yearly financial statements and makes recommendations to the Executive regarding the annual budget. This committee is chaired by a member of the Legislature; four citizens make up the rest of the committee. During the reporting period, the committee met as required.
YUUŁUʔIŁʔATḤ Settlement Trust
Yuułuʔiłʔatḥ Government deposits all Capital Transfers into the Settlement Trust, minus the annual treaty negotiation loan payment. Resource Revenue transfers from Canada and British Columbia are also deposited into the Settlement Trust. Five trustees oversee the investment and any distributions.
During the reporting period, $999,999 was distributed from the Trust to Yuułuʔiłʔatḥ Government as an equity contribution to the construction of the new community centre and
gym. In addition, $510,175 was distributed from the Trust to the Yuułuʔiłʔatḥ Government
to repay the Maa-nulth First Nations Treaty Negotiation Loan in accordance with the
Treaty and the trust.
The Audited financial statements are available to the public on the Yuułuʔiłʔatḥ Government.
Treaty Implementation Committee
The Treaty Implementation Committee is a standing committee of the Legislature. It is comprised of the Legislature President, two members of the Legislature, and two citizens. This committee met once during the reporting period. The committee discussed the Draft Public Order, Peace and Safety Act. The committee worked to ensure the Act reflects Yuułuʔiłʔatḥ values and that the law is culturally appropriate.
Lands, resources and assets
During the reporting period, the following activities were undertaken.
- A major water and sewer upgrade was completed. Canada funded the project ($3,912,062), which included a new water reservoir, a new supply line to the reservoir, and distribution lines to individual homes. The sewage main, from the west boundary
of Hitacu to the lift station, was replaced. The project has led to standard water pressure and better water quality for the community. Two middens were uncovered during the roadwork; archaeologists excavated sediment piles and extracted human
remains found by the road crews.
- A new Government House and Community Centre was officially opened in January, 2015. The new facility houses Yuułuʔiłʔatḥ Government administration, a full-size gymnasium, community kitchen, and meeting space.
- Construction of seven new small houses in Hitacu continued (two houses were completed).
- A draft subdivision plan of Yuułuʔiłʔatḥ Land was registered in the provincial Land Title Office (fee simple title). Once registered, Yuułuʔiłʔatḥ Government will have the ability to transfer title to an eligible recipient.
During the reporting period, Yuułuʔiłʔatḥ Government took over the management of fisheries. For the previous two years, fisheries management had been contracted to the YFN Fisheries Venture Ltd., a limited partnership of YFN Management Services (the Economic Development Arm of Yuułuʔiłʔatḥ Government). The 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. Funding received from Canada remained in place for the purchase of commercial fish licenses.
In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, Yuułuʔiłʔatḥ Fisheries undertook the following activities.
- YFN Fisheries Ventures Ltd. Carried out weekly patrols of Yuułuʔiłʔatḥ traditional territory and the Maa-nulth Domestic Fishing Area for monitoring and
- enforcement. Areas closed for shellfish harvesting were monitored and closures posted at the Hitacu dock.
- Harvest documentation was issued to 14 citizens who were obligated to report their catch.
- The sockeye run diversion was so high on the eastern side of Vancouver Island, it resulted in very few sockeye making their way down the west side to the Maa-nulth Harvest Area, which meant the sockeye allocation was not met. Yuułuʔiłʔatḥ were twice denied an application to fish for Fraser River Sockeye. While the catch is normally restricted to the Maa-nulth Harvest Area, a provision in the Treaty allows for a harvest to take place outside that area if authorized by Canada's Minister of Fisheries and Oceans.
- Food fish deliveries were made to Yuułuʔiłʔatḥ citizens in Hitacu, Port Alberni, Nanaimo, and Victoria (3,000 pounds of halibut, 5,700 sockeye, and 377 pieces of coho and Chinook salmon).
Yuułuʔiłʔatḥ Programs & Services
Health & Community Services
Yuułuʔiłʔatḥ Government, through its Community Services Department, facilitates and delivers ongoing health services to citizens including: elder care, homemaking, medical transportation, day care, mental health programs, social assistance and employment training. Yuułuʔiłʔatḥ Government maintains a service agreement with the Nuu-chah-nulth Tribal Council to provided health services.
During the reporting period, the Community Services staff moved office locations from the former Community Services building to the new Government House and Community Centre. The former Community Services building was repurposed as a health clinic, expanding the
health services that had already been offered at this location. The building now houses the Nuu‑chah‑nulth Tribal Council (NTC) Community Health Nurse, Clinical Counselling, NTC Home Care Nursing Staff, NTC Infant Development, and Adult Probation service.
Yuułuʔiłʔatḥ Government sponsored six post-secondary students during the reporting period. The students pursued academic careers in a variety of fields including: Linguistics Biochemistry & Microbiology; Indigenous Independent Digital Filmmaking; Human and Social Development—Bachelor of Child & Youth Care; Early Childhood Education; Bachelor of Business, Human Resources, and Leadership.
Language & Culture
The following activities were undertaken during the reporting period.
- Culture Night, held twice weekly, brought community members together to share meals, cultural drumming, and dancing. All ages participated. Nuu-chah-nulth language classes were taught at the preschool and to adults in the community.
- A Yuułuʔiłʔatḥ Language Coordinator received funding to complete a six-month "Indigitization" project. Old audio files of the Nuu-chah-nulth language were digitized for preservation.
- Yuułuʔiłʔatḥ, Toquaht First Nation, Huu‑ay‑aht First Nations, and Ahousaht First Nation (urban) worked together for a joint Nuu-chah-nulth language revitalization project.
Yuułuʔiłʔatḥ Government believes that a healthy and prosperous future requires the nation and its citizens pursue development that is socially, economically, and environmentally sustainable, and that economic development is best achieved independent of political influence. To that end, the following economic activities were undertaken (and accolades received) during the reporting period.
- The Wya Resort was presented with the BC Aboriginal Tourism Award for Outstanding Accommodation at the third annual tourism conference, held in Whistler.
- Wya Resort was recognized by the Nuu‑chah-nulth Economic Business Corporation, winning the Best Environmental and Sustainable Business Award.
- Kʷisitis Feast House operated as the nation's restaurant located in the Pacific National Park Reserve. A Yuułuʔiłʔatḥ citizen was hired as the Executive Chef at the Feast House, which serves local favourites, including fish hash, smoked salmon, and halibut dishes.
- Reconstruction of the Thornton Motel began. The 12-unit centre-block of the motel was destroyed by fire in the summer of 2013. The $900,000 renovation is expected to take approximately nine months to complete.
For more information, visit: Yuułuʔiłʔatḥ Government website .
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