The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 5th day of November, 2007
Ian D. Izard, Q.C., Law Clerk
HONOURABLE MICHAEL DE JONG
MINISTER OF ABORIGINAL RELATIONS
AND RECONCILIATION
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Adoption Act
1 Section 1 of the Adoption Act, R.S.B.C. 1996, c. 5, is amended
(a) in the definition of "aboriginal child" by adding the following paragraph:
(b.2) who is a treaty first nation child, ,
(b) in the definition of "designated representative" by striking out "when used in relation to the Nisga'a Lisims Government, an Indian band or an aboriginal community," and substituting "when used in relation to the Nisga'a Lisims Government, an Indian band, an aboriginal community or a treaty first nation,", and
(c) by adding the following definition:
"treaty first nation", in relation to a treaty first nation child, means the treaty first nation of which the child is a treaty first nation child.
2 Section 7 (1) is amended
(a) by adding the following paragraph:
(a.2) if the child is a treaty first nation child, with a designated representative of the treaty first nation; ,
(b) in paragraph (b) by striking out "if the child is not a Nisga'a child and is not registered or not entitled to be registered as a member of an Indian band," and substituting "if the child is neither a Nisga'a child nor a treaty first nation child and is neither registered nor entitled to be registered as a member of an Indian band,", and
(c) by adding the following subsection:
(3) An adoption agency must make reasonable efforts to obtain information about the cultural identity of a treaty first nation child before placing the treaty first nation child for adoption if the final agreement of the treaty first nation requires these efforts to be made.
3 Section 62 is amended
(a) in subsection (1) by adding the following paragraph:
(d) the name and location of the treaty first nation, if the child is a treaty first nation child. ,
(b) in subsection (2) by adding the following paragraph:
(a.2) if the child is a treaty first nation child, by a designated representative of the treaty first nation; , and
(c) in subsection (2) (b) by striking out "if the child is an aboriginal child but is not registered or entitled to be registered as a member of an Indian band," and substituting "if the child is not a treaty first nation child and is neither registered nor entitled to be registered as a member of an Indian band,".
4 Section 76 is amended by adding the following paragraph:
(a.2) a treaty first nation; .
5 Section 91 (2) (b) is amended by striking out "representatives of the Nisga'a Lisims Government, Indian bands" and substituting "representatives of the Nisga'a Lisims Government, treaty first nations, Indian bands".
Agricultural Land Commission Act
6 Section 1 (1) of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, is amended
(a) in the definition of "agreement in principle" by striking out "a process developed under the Treaty Commission Act," and substituting "a process facilitated by the British Columbia Treaty Commission, established under section 3 of the Treaty Commission Act," and by striking out "proposed treaty settlement lands" and substituting "proposed settlement lands",
(b) in the definition of "first nation government" by repealing paragraph (a) and substituting the following:
(a) in relation to settlement lands, other than treaty lands, the governing body that has legislative authority in relation to those settlement lands,
(a.1) in relation to treaty lands, the treaty first nation, and ,
(c) in paragraph (b) of the definition of "first nation government" by striking out "proposed treaty settlement lands" and substituting "proposed settlement lands" and by striking out "a process developed under the Treaty Commission Act;" and substituting "a process facilitated by the British Columbia Treaty Commission, established under section 3 of the Treaty Commission Act; ,
(d) by repealing the definition of "law" and substituting the following:
"law", in relation to a first nation government described in paragraph (a) or (a.1) of the definition of "first nation government", means a law enacted by the first nation government under
(a) a treaty and land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982,
(b) a governance agreement among the Province, Canada and the first nation, or
(c) an enactment of the Province or Canada; ,
(e) in paragraph (a) of the definition of "owner" by striking out "in relation to land registered" and substituting "in relation to land, other than treaty lands, registered",
(f) in paragraph (b) of the definition of "owner" by striking out "treaty settlement lands" in both places and substituting "settlement lands",
(g) by repealing the definition of "proposed treaty settlement lands" and substituting the following:
"proposed settlement lands" means land described in an agreement in principle as the land that will become, in whole or in part,
(a) the treaty lands of the first nation under a final agreement, or
(b) the settlement lands of the first nation under a governance agreement among the Province, Canada and the first nation; , and
(h) by repealing the definition of "treaty settlement lands" and substituting the following:
"settlement lands" means land, other than land located within a reserve as defined in the Indian Act (Canada), that is subject to the legislative authority of a first nation under
(a) a treaty and land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982,
(b) a governance agreement among the Province, Canada and the first nation, or
(c) an enactment of the Province or Canada; .
7 Sections 1 (2) and (3), 17 (4), 25 (3.1) and (4.1), 26 (1) (c) and (8), 30 (4.1) and (5.1) and 34 (3) (d) and (3.1) are amended by striking out "treaty settlement lands" wherever it appears and substituting "settlement lands".
8 Section 15 is amended by renumbering the section as section 15 (1) and by adding the following subsection:
(2) If the final agreement of a treaty first nation provides that the treaty lands of the treaty first nation may not be designated as agricultural land without the consent of the treaty first nation, the commission may not exercise the authority under subsection (1) in relation to those treaty lands without the consent of the treaty first nation.
9 Section 17 (1) is repealed and the following substituted:
(1) Subject to subsection (1.1), if the commission considers that an approval under this subsection carries out the intent of this Act, the commission may approve the addition to a designated land reserve plan
(a) on the commission's own initiative, of any land,
(b) on application of a local government, of land within the local government's jurisdiction, and
(c) on application of a first nation government, of land within the first nation's settlement lands.
(1.1) If section 15 (2) applies in relation to treaty lands, an approval under subsection (1) (a) of this section in respect of those treaty lands may be made only with the consent of the treaty first nation.
10 Section 29 (1) is amended by striking out "treaty settlement land" and substituting "settlement lands".
11 Section 46 (1) (c) is repealed and the following substituted:
(c) a law of a first nation government respecting land use within the first nation's settlement lands.
Assessment Act
12 Section 1 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended
(a) by repealing the definition of "land title office" and substituting the following:
"land title office" means the land title office for the land title district or the land registry office of a treaty first nation for its treaty lands, as the case may be, in which the real property referred to is located; ,
(b) in the definition of "parcel" by striking out "and includes the right or interest of an occupier of Crown land" and substituting "and includes the right or interest of an occupier of Crown land or treaty lands", and
(c) by adding the following definition:
"taxing treaty first nation" has the same meaning as in the Treaty First Nation Taxation Act; .
13 Section 2 is amended
(a) by striking out "supply to each municipality" and substituting "supply to each municipality and taxing treaty first nation",
(b) in paragraph (a) by striking out "in the municipality," and substituting "in the municipality or in the treaty lands of the taxing treaty first nation,", and
(c) in paragraph (b) by striking out "in the municipality," and substituting "in the municipality or treaty lands".
14 Section 3 is amended
(a) in subsection (1) (a) by striking out "that is in a municipality or rural area" and substituting "that is in a municipality, the treaty lands of a taxing treaty first nation or another rural area", and
(b) in subsection (7) (b) by striking out "in the case of a district municipality or rural area," and substituting "in the case of a district municipality, the treaty lands of a taxing treaty first nation or another rural area,".
15 Section 7 (2) and (3) is amended by striking out "municipality or regional district" and substituting "municipality, regional district or taxing treaty first nation".
16 Section 11 (b) is amended by striking out "roll of the municipality or rural area," and substituting "roll of the municipality, treaty lands of the taxing treaty first nation or other rural area,".
17 Section 17 is amended
(a) in subsection (1) by striking out "If land of the Crown has been leased, granted or sold, the minister of the relevant ministry" and substituting "If land of the Crown or treaty lands have been leased, granted or sold, the minister of the relevant ministry, or the representative designated by the treaty first nation by notice in writing to the assessment authority, as the case may be,", and
(b) in subsection (2) by striking out "All public officers and officers and employees of Crown corporations and agencies must" and substituting "All public officers and officers and employees of Crown corporations and agencies, and individuals occupying similar positions with a treaty first nation or a public institution of a treaty first nation, must".
18 Section 18.1 is amended by striking out "by this or another enactment." and substituting "under this or another enactment."
19 Section 19 is amended
(a) in subsection (7) by striking out "in a covenant registered under section 219 of the Land Title Act." and substituting "in a covenant registered under section 219 of the Land Title Act or a covenant of the same nature registered under a law of a treaty first nation in the land registry office of the treaty first nation.", and
(b) in subsection (10) by striking out "or" at the end of paragraph (b), by adding ", or" at the end of paragraph (c) and by adding the following paragraph:
(d) treaty lands designated under a law of the treaty first nation enacted for the purpose of conserving and protecting heritage sites and heritage objects.
20 Section 32 is amended by adding the following subsection:
(3.1) Subject to the requirements in section 33, a taxing treaty first nation may make a complaint against all or any part of the completed assessment roll relating to its treaty lands, based on any of the grounds specified in subsection (1) of this section.
21 Section 38 (1) is amended by striking out "actual value applied in a consistent manner in the municipality or rural area." and substituting "actual value applied in a consistent manner in the municipality, treaty lands of the taxing treaty first nation or other rural area."
22 Section 51 (c) is amended by striking out "the municipality or regional district" and substituting "the municipality, regional district or taxing treaty first nation".
23 Section 52 (2) (a) is amended by striking out "a local government in respect of which" and substituting "a local government or taxing treaty first nation in respect of which".
24 Section 57 is amended
(a) in subsection (1) (a) by striking out "in the municipality or rural area," and substituting "in the municipality, treaty lands of the taxing treaty first nation or other rural area,",
(b) in subsection (4) by striking out "a municipality or rural area," and substituting "a municipality, the treaty lands of a taxing treaty first nation or another rural area,", and
(c) in subsection (4) (a) and (b) by striking out "the municipality or rural area, or in part of either of them," and substituting "the municipality, treaty lands or rural area, or in part of any of them,".
25 Section 65 (1) is amended by striking out "including a local government, the government" and substituting "including a local government, a taxing treaty first nation, the government".
26 Section 68 (4) (b) (ii) is repealed and the following substituted:
(ii) a municipality, regional district or taxing treaty first nation; .
Assessment Authority Act
27 Section 1 of the Assessment Authority Act, R.S.B.C. 1996, c. 21, is amended by adding the following definitions:
"tax treatment agreement" has the same meaning as in the Treaty First Nation Taxation Act;
"taxing treaty first nation" has the same meaning as in the Treaty First Nation Taxation Act; .
28 Section 17 is amended
(a) by repealing subsection (2) and substituting the following:
(1.1) The authority must determine the rates that must be applied to the net taxable value of all land and improvements in British Columbia, excluding property that is taxable for school purposes only by special Act, in order to maintain the operating fund under this Act.
(2) With the prior approval of the Lieutenant Governor in Council, the authority must, by bylaw,
(a) levy a tax on the net taxable value of all land and improvements, excluding property excluded under subsection (1.1) and the treaty lands referred to in paragraph (b), and
(b) applying the rates determined under subsection (1.1), determine the amount that would have been levied in relation to the treaty lands of a taxing treaty first nation if the authority were levying a tax on the net taxable value of all land and improvements in those treaty lands. ,
(b) in subsection (3) by striking out "In determining the rates of taxation to be levied under subsection (2)" and substituting "In determining rates for the purposes of subsection (1.1)", and
(c) in subsection (4) by striking out "For the purposes of subsection (2)," and substituting "For the purposes of subsections (1.1) and (2),".
29 Section 19 is repealed and the following substituted:
19 Except in relation to the treaty lands of a taxing treaty first nation, sections 130, 131 and 132 to 134 of the School Act apply for assessment and taxation purposes under section 17 (2) (a) and (3) of this Act.
30 The following section is added:
19.1 (1) Subject to this section, property that is in the treaty lands of a taxing treaty first nation and exempt
(a) under the laws of the treaty first nation from property taxation imposed by the treaty first nation, or
(b) under a tax treatment agreement from property taxation imposed under this Act
must be treated as if it were exempt for the purposes of calculating the rates under section 17 (1.1) and the amount of a requisition under section 17 (2) (b).
(2) Subject to subsection (3), 50% of the assessed value of a parcel, or a portion of a parcel, of land must be treated as if it were exempt for the purposes of calculating the rates under section 17 (1.1) and the amount of a requisition under section 17 (2) (b) if
(a) the parcel or portion is classified as a farm under the Assessment Act, or
(b) the parcel or portion is in an agricultural land reserve that is established under the Agricultural Land Commission Act, is subject to sections 18 to 20 and 28 of that Act and satisfies one or more of the conditions set out in subsection (3) of this section.
(3) The parcel or portion of a parcel referred to in subsection (2) (b) must be
(a) vacant and unused,
(b) used for a farm or residential purpose, or
(c) used for a purpose that is permitted by the Lieutenant Governor in Council under this Act.
(4) Land must be treated as if it were exempt for the purposes of calculating the rates under section 17 (1.1) and the amount of a requisition under section 17 (2) (b) if the land is included in a timber lease or timber licence issued under an enactment of British Columbia or of Canada
(a) for which a stumpage, as defined in the Forest Act, has not been reserved or not made available to the government, or
(b) which is held for the specific purpose of cutting and removing timber, and for no other purpose while so held.
(5) Property that would be exempt from taxation under laws of a taxing treaty first nation that have the same effect in respect of its treaty lands as a bylaw authorized under section 225 [partnering and other exemptions] of the Community Charter has in respect of land within a municipality in relation to
(a) a partnering agreement under the applicable law,
(b) a golf course, or
(c) a cemetery, mausoleum or columbarium,
must be treated as if it were taxable for the purposes of calculating the rates under section 17 (1.1), and the amount of a requisition under section 17 (2) (b), of this Act unless it can be treated as exempt under subsection (6) or (8) of this section.
(6) The Lieutenant Governor in Council may make regulations requiring that land and improvements that must be treated as taxable under subsection (5) must be treated as exempt.
(7) Regulations under subsection (6) may
(a) require that all or part of the property that is exempted under the law of the treaty first nation be treated as exempt,
(b) require the property be treated as exempt for all or part of the term of the exemption under the law of the treaty first nation, and
(c) be different for different classes or uses of property, different classes of owners and different classes of partnering agreements.
(8) The Lieutenant Governor in Council, by order in relation to property referred to in subsection (5) that is specified in the order, may require that
(a) all or part of the property be treated as exempt for the purposes of calculating the rates under section 17 (1.1) and the amount of a requisition under section 17 (2) (b), and
(b) the property be treated as exempt for those purposes for all or part of the term of the exemption under the law of the treaty first nation.
(9) Property must not be treated as exempt for the purposes of calculating the rates under section 17 (1.1), and the amount of a requisition under section 17 (2) (b), of this Act if the property is exempted from property tax under a law of a taxing treaty first nation that has the same effect in respect of its treaty lands as a bylaw has under section 226 [revitalization tax exemptions] of the Community Charter in respect of land within a municipality .
31 Section 20 is amended
(a) by adding the following subsections:
(4.1) On or before April 30 in each year, the authority must forward to each taxing treaty first nation a requisition for the amount determined for the treaty first nation by bylaw under section 17 (2) (b) and include a statement of the rates that were applied to the net taxable value of all land and improvements in the treaty lands in order to determine the amount of the requisition.
(4.2) A treaty first nation that receives a requisition under subsection (4.1) must pay the amount of the requisition to the authority on or before August 1 in the year to which the requisition relates. ,
(b) by repealing subsection (5) and substituting the following:
(5) Until receipt of the proceeds of taxes and requisitions, the authority may borrow an amount not exceeding those proceeds from the consolidated revenue fund or from a bank, trust company or credit union approved by the minister charged with the administration of the Financial Administration Act, and the loan must be paid from those proceeds. , and
(c) in subsection (6) by striking out "If a municipality fails to pay the proceeds of the taxes as required by subsection (3)," and substituting "If a municipality fails to pay the proceeds of taxes as required by subsection (3) or a treaty first nation fails to pay the amount of a requisition as required by subsection (4.2),".
Child Care BC Act
32 Section 1 of the Child Care BC Act, S.B.C. 2001, c. 4, is amended in paragraph (b) of the definition of "child care" by striking out "or the Independent School Act;" and substituting ", the Independent School Act or a law of a treaty first nation in relation to kindergarten to grade 12 education;".
Child Care Subsidy Act
33 Section 1 of the Child Care Subsidy Act, R.S.B.C. 1996, c. 26, is amended in paragraph (b) of the definition of "child care" by striking out "or the Independent School Act;" and substituting ", the Independent School Act or a law of a treaty first nation in relation to kindergarten to grade 12 education;".
Child, Family and Community Service Act
34 Section 1 (1) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended
(a) in the definition of "aboriginal child" by adding the following paragraph:
(b.2) who is a treaty first nation child, ,
(b) in the definition of "designated representative" by striking out "when used in relation to the Nisga'a Lisims Government," and substituting "when used in relation to the Nisga'a Lisims Government, a treaty first nation,", and
(c) by adding the following definition:
"treaty first nation", in relation to a treaty first nation child, means the treaty first nation of which the child is a treaty first nation child; .
35 Section 33.1 (4) is amended
(a) in paragraph (c) by striking out "other than a Nisga'a child;" and substituting "other than a Nisga'a child or a treaty first nation child;", and
(b) by adding the following paragraph:
(e) the treaty first nation, if the child is a treaty first nation child.
36 Section 34 (3) is amended
(a) in paragraph (d) by striking out "other than a Nisga'a child;" and substituting "other than a Nisga'a child or a treaty first nation child;", and
(b) by adding the following paragraph:
(f) the treaty first nation, if the child is a treaty first nation child.
37 Section 36 (2.1) is amended
(a) in paragraph (e) by striking out "other than a Nisga'a child;" and substituting "other than a Nisga'a child or a treaty first nation child;", and
(b) by adding the following paragraph:
(g) the treaty first nation, if the child is a treaty first nation child.
38 Sections 38 (1) and 49 (2) are amended
(a) by adding the following paragraph:
(c.2) if the child is a treaty first nation child, on a designated representative of the treaty first nation; , and
(b) in paragraph (d) by striking out "if the child is not a Nisga'a child and is not registered or not entitled to be registered" and substituting "if the child is neither a Nisga'a child nor a treaty first nation child and is neither registered nor entitled to be registered".
39 Section 39 is amended
(a) in subsection (1) (c) by striking out "other than a Nisga'a child, a designated representative of an Indian band or aboriginal community served" and substituting "other than a Nisga'a child or a treaty first nation child, the designated representative of the Indian band or aboriginal community who was served",
(b) in subsection (1) (d) by striking out "a designated representative of the Nisga'a Lisims Government served" and substituting "the designated representative of the Nisga'a Lisims Government who was served",
(c) in subsection (1) by adding the following paragraph:
(d.1) if the child is a treaty first nation child, the designated representative of the treaty first nation who was served with notice of the hearing; , and
(d) in subsection (2) by striking out "subsection (1) (a), (b), (c) or (d)" and substituting "subsection (1) (a), (b), (c), (d) or (d.1)".
40 Section 42.1 is amended
(a) in subsection (3) (c) by striking out "section 34 (3) (b), (c), (d) and (e);" and substituting "section 34 (3) (b), (c), (d), (e) and (f);", and
(b) in subsection (4) by striking out "section 34 (3) (b), (c), (d) or (e)" and substituting "section 34 (3) (b), (c), (d), (e) or (f)".
41 Section 54.1 (2) is amended
(a) by adding the following paragraph:
(d.1) if the child is a treaty first nation child, a designated representative of the treaty first nation; , and
(b) in paragraph (e) by striking out "if the child is not a Nisga'a child and is not registered or not entitled to be registered" and substituting "if the child is neither a Nisga'a child nor a treaty first nation child and is neither registered nor entitled to be registered".
42 Sections 55 (3) (c) (i) and 57 (2) (d) (i) are amended by striking out "section 34 (3) (b), (d) and (e)," and substituting "section 34 (3) (b), (d), (e) and (f),".
43 Section 60 (1) (e) is amended by striking out "section 38 (1) (c), (c.1) or (d)" and substituting "section 38 (1) (c), (c.1), (c.2) or (d)".
44 Section 90 is amended by adding the following paragraph:
(a.2) a treaty first nation; .
45 Section 93 (1) (g) (iii) is amended by striking out "a Nisga'a Village, an Indian band" and substituting "a Nisga'a Village, a treaty first nation, an Indian band".
46 Section 103 (2) (g) is amended by striking out "those representatives of the Nisga'a Lisims Government," and substituting "those representatives of the Nisga'a Lisims Government, the government of a treaty first nation,".
47 Section 107 (6) is amended by striking out "notice under section 49 (2) (c), (c.1) or (d)" and substituting "notice under section 49 (2) (c), (c.1), (c.2) or (d)".
Community Charter
48 Section 13 (1) (b) of the Community Charter, S.B.C. 2003, c. 26, is amended by striking out "if the area is not in another municipality," and substituting "if the area is not in another municipality and is not treaty lands,".
49 The following section is added:
13.1 (1) A municipality may provide a service within treaty lands under an agreement with the treaty first nation.
(2) An agreement under subsection (1) must set out the terms and conditions on which the service is provided within the treaty lands, including terms and conditions respecting
(a) limits on the service to be provided under the agreement, and
(b) the process for terminating provision of the service under the agreement.
(3) If an agreement is entered into under subsection (1), subject to the terms and conditions of that agreement and to the final agreement, the municipal powers, duties and functions provided under this or any other Act in relation to the service may be exercised within the treaty lands of the treaty first nation.
50 Section 1 of the Schedule is amended by repealing the definition of "net taxable value" and substituting the following:
"net taxable value", in relation to land or improvements or both, means
(a) if the Hospital District Act applies, the net taxable value of land or improvements or both for regional hospital district purposes, and
(b) if the Hospital District Act does not apply, the net taxable value of land or improvements or both determined as if the Hospital District Act applies; .
Dike Maintenance Act
51 Section 1 of the Dike Maintenance Act, R.S.B.C. 1996, c. 95, is amended in the definition of "diking authority" by adding the following paragraph:
(b.1) if the final agreement of a treaty first nation so provides, the treaty first nation in relation to dikes on its treaty lands, .
Environmental Assessment Act
52 The Environmental Assessment Act, S.B.C. 2002, c. 43, is amended by adding the following sections:
8.1 Despite any other enactment and whether or not an environmental assessment certificate is required, a reviewable project may not proceed on treaty lands without the consent of the treaty first nation if the final agreement requires this consent.
29.1 (1) If a final agreement requires the government to negotiate with a treaty first nation and attempt to reach agreement on harmonizing the government's and treaty first nation's procedures in relation to evaluating proposed developments on the treaty lands of the treaty first nation, the minister, on behalf of the government, may enter into an agreement reached in the negotiation.
(2) If a reviewable project
(a) is proposed for land specified in a final agreement as land in relation to which notice of a reviewable project is required in the circumstances described in paragraph (b), and
(b) may reasonably be expected to adversely affect the treaty lands of the treaty first nation, the residents of those treaty lands or the rights of the treaty first nation under the final agreement,
the executive director, on receiving the proposal, must
(c) promptly give notice of the project, along with relevant information about the project, to the treaty first nation,
(d) consult, within the meaning of the final agreement of the treaty first nation, with the treaty first nation, and
(e) ensure that the treaty first nation has an opportunity to participate in any environmental assessment of the project.
Environmental Management Act
53 Section 39 (1) of the Environmental Management Act, S.B.C. 2003, c. 53, is amended by repealing the definition of "government body" and substituting the following:
"government body" means a federal, provincial, municipal or treaty first nation body, including an agency or ministry of the Crown in right of Canada or British Columbia and an agency of a municipality or treaty first nation; .
54 Section 44 (2) (b) (iii) and (e) (iii) is amended by striking out "any person with a registered interest in the site as shown in the records of the land title office at the time" and substituting "any person with a registered interest in the site as shown in the records of the land title office or a land registry office of a treaty first nation at the time".
55 Section 48 (13) is amended by striking out "if the interest is registered in the land title office at the time of issuing the order." and substituting "if the interest is registered in the land title office or a land registry office of a treaty first nation at the time of issuing the order."
56 Section 55 is amended
(a) by repealing subsection (6) and substituting the following:
(6) A municipality or treaty first nation, including its employees or members of its governing body, does not incur any liability and must not be considered a responsible person under this Act as a result of any bylaw, law, permit, licence, approval or other document adopted or issued under the Community Charter, the Islands Trust Act, the Local Government Act, the Vancouver Charter or a law of a treaty first nation that authorizes the removal or deposit of contaminated soil in the municipality or treaty lands. ,
(b) by repealing subsection (7) (a) and (b) and substituting the following:
(a) a bylaw of a municipality or law of a treaty first nation, or
(b) a permit, licence, approval or other document issued under the authority of a municipal bylaw or law of a treaty first nation , and
(c) in subsection (8) by striking out "any municipality" and substituting "any municipality or treaty first nation" and by striking out "the municipality" wherever it appears and substituting "the municipality or treaty first nation".
Estate Administration Act
57 Section 1 of the Estate Administration Act, R.S.B.C. 1996, c. 122, is amended by repealing the definition of "cultural property".
58 Section 2.1 is amended by adding the following subsection:
(4) In this section, "cultural property" has the same meaning as in paragraph 115 of the Nisga'a Government chapter of the Nisga'a Final Agreement.
59 The following section is added:
2.2 (1) If the final agreement of a treaty first nation so provides, in any judicial proceeding under this Act in which
(a) the validity or variation of a will of a treaty first nation member of the treaty first nation, or
(b) the devolution of the cultural property of a treaty first nation member of the treaty first nation
is at issue, that treaty first nation has standing in the proceeding.
(2) In a proceeding to which subsection (1) applies, the court must consider, among other matters, any evidence or representations in respect of the applicable treaty first nation's laws or customs dealing with the devolution of cultural property.
(3) The participation of a treaty first nation in a proceeding to which subsection (1) applies must be in accordance with the applicable Rules of Court and does not affect the court's ability to control its process.
(4) In this section, "cultural property", in relation to a treaty first nation, has the same meaning as in the final agreement of the treaty first nation.
60 Section 112 is amended
(a) in subsection (1.1) by striking out "the applicant or the applicant's solicitor certifies" and substituting "the applicant or the applicant's solicitor, in addition to satisfying the requirements under subsection (1), certifies",
(b) by adding the following subsection:
(1.2) If a treaty first nation has standing under section 2.2 in a judicial proceeding, a court must not grant or reseal probate or letters of administration in respect of the property of a treaty first nation member of the treaty first nation unless the applicant or the applicant's solicitor, in addition to satisfying the requirements under subsection (1), certifies that he or she has
(a) mailed or delivered a notice to that treaty first nation, and
(b) if there is a will and that treaty first nation has requested a copy of it within 30 days of receiving the notice under paragraph (a), mailed or delivered the copy to that treaty first nation. , and
(c) in subsections (6) and (7) by striking out "The notice under subsection (1) or (1.1)" and substituting "The notice under subsection (1), (1.1) or (1.2)".
Evidence Act
61 The Evidence Act, R.S.B.C. 1996, c. 124, is amended by adding the following section:
24.1 (1) Judicial notice must be taken of the laws of a treaty first nation.
(2) A document purporting to be a copy of a law of a treaty first nation that has been published in the manner required under the final agreement must be admitted in evidence as proof of the law and its enactment.
Expropriation Act
62 Section 2 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended by adding the following subsection:
(1.2) Despite subsection (1), if there is an inconsistency between a provision of this Act and a provision of a final agreement, the provision of the final agreement applies.
Family Relations Act
63 The Family Relations Act, R.S.B.C. 1996, c. 128, is amended by adding the following section:
22.2 (1) If an application is made to a court under this Part or Part 3 in respect of the guardianship or custody of a treaty first nation child and the final agreement of the treaty first nation of which the child is a treaty first nation child so provides, the treaty first nation
(a) must be served with notice of the proceeding, and
(b) has standing in the proceeding.
(2) Subject to any limitations or conditions set out in the final agreement, in a proceeding to which subsection (1) applies, the court must consider, in addition to any other matters it is required by law to consider, any evidence or representations in respect of the laws and customs of the treaty first nation.
64 The following section is added:
66.1 (1) If the final agreement of a treaty first nation so provides, in proceedings under this Part in which
(a) a parcel of the treaty lands of a treaty first nation that is entitled under its final agreement to make laws restricting alienation of its treaty lands is at issue, and
(b) at least one spouse is a treaty first nation member of the treaty first nation,
that treaty first nation has standing in the proceeding.
(2) In a proceeding to which subsection (1) applies, the court must consider, among other matters, any evidence or representations in respect of the applicable treaty first nation's laws restricting alienation of its treaty lands.
(3) The participation of a treaty first nation in a proceeding to which subsection (1) applies must be in accordance with the applicable Rules of Court and does not affect the court's ability to control its process.
Gas Utility Act
65 Section 2 (3) (c) of the Gas Utility Act, R.S.B.C. 1996, c. 170, is amended by striking out "or" at the end of subparagraph (i) and by repealing subparagraph (ii) and substituting the following:
(ii) in a rural area that is not treaty lands, on the conditions that the minister charged with the administration of the Transportation Act approves, or
(iii) in treaty lands, on the conditions that the gas utility and the treaty first nation agree to.
Greater Vancouver Transportation Authority Act
66 Section 1 (1) of the Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30, is amended by adding the following definitions:
"tax treatment agreement" has the same meaning as in the Treaty First Nation Taxation Act;
"taxing treaty first nation" has the same meaning as in the Treaty First Nation Taxation Act;
"treaty first nation" means a treaty first nation that, under its final agreement, is participating in the authority.
67 Section 1 is amended by adding the following subsections:
(5) For the purposes of applying this Act in relation to a treaty first nation,
(a) a reference to "municipality" or "municipalities" in the definitions of "independent transit service", "provincial highway system" and "transportation service region" in subsection (1), in subsection (2) and in sections 4 (1) and (3), 5, 6 (2) (g) to (i), 8 (3) (e), 15, 18, 20 to 24, 34 (1) (b), 44, 46 (4) (f) and 149 (1) must be read as including the treaty first nation or its treaty lands as the context requires,
(b) the reference to "official community plans" in section 4 (1) (f) must be read as including land use plans or other documents of the treaty first nation having a similar purpose and effect as an official community plan,
(c) a reference to "council" in section 21 (4) (b) must be read as including the governing body of the treaty first nation,
(d) a reference to "bylaw" in sections 21 (4) and (5), 22 (2) and 24 (2) (b) must be read as including a law of the treaty first nation, and
(e) the reference to "municipal bylaw" in section 22 (5) must be read as including a law of the treaty first nation.
(6) For the purposes of applying this Act in relation to a taxing treaty first nation, a reference to "municipality" in sections 25 (9) and 135 must be read as including the taxing treaty first nation.
68 Section 1 (5) is amended
(a) by repealing paragraph (a) and substituting the following:
(a) a reference to "municipality" or "municipalities" in the definitions of "independent transit service", "provincial highway system", "qualified individual" and "transportation service region" in subsection (1), in subsections (2) and (3) and in sections 4 (1) and (3), 5, 6 (2) (g) to (j), 15, 18, 20 to 24, 31 (1.2), 34 (1) (b), 44, 46 (4) (f) and 149 (1), in the definition of "eligible individual" in section 170 and in section 193 (4) must be read as including the treaty first nation or its treaty lands as the context requires, , and
(b) in paragraph (c) by striking out "a reference to "council" in section 21 (4) (b)" and substituting "a reference to "council" in subsection (3) (b) of this section and in section 21 (4) (b)".
69 Section 6 is amended by adding the following subsection:
(6) Subsection (2) (a) does not apply in relation to treaty lands.
70 Section 8 is amended
(a) by repealing subsection (2) (a) and substituting the following:
(a) the mayor of a municipality or the head of a treaty first nation, or , and
(b) in subsection (3) (d) by striking out "or the Corporation of Delta, and" and substituting ", the Corporation of Delta or the Tsawwassen First Nation, and".
71 Section 25 is amended
(a) by adding the following subsection:
(2.1) Despite subsections (2) and (6), if the authority assesses a tax under those subsections for a taxation year, the authority, instead of assessing the tax in the treaty lands of a taxing treaty first nation, by bylaw, must apply the applicable tax rates under those subsections to the net taxable value of land and improvements in those treaty lands to determine the amount that would have been assessed in relation to those treaty lands if the authority were levying a tax in those treaty lands. , and
(b) by repealing subsections (5) and (9) and substituting the following:
(5) On or before May 1 of each year, the authority must send to
(a) the collector in each municipality and to the Surveyor of Taxes a notice setting out the tax rates that are applicable to the taxes assessed by the authority under subsection (2) (a), and
(b) each taxing treaty first nation a requisition for the amount determined for the taxing treaty first nation under subsection (2.1), including a statement of the rates applied to the net taxable value of land and improvements in the treaty lands to determine that amount.
(9) If required by the authority, the British Columbia Assessment Authority must certify and forward to the authority the net taxable values of land and improvements, for the current year, in respect of which tax may be assessed under this section in
(a) a municipality,
(b) a rural area, or
(c) the treaty lands of a taxing treaty first nation
in the transportation service region.
72 Section 25 (5) (a) is amended by striking out "subsection (2) (a)," and substituting "subsection (2) (a), and, if applicable, subsection (7.1),".
73 Section 25 is amended by adding the following subsection:
(7.2) Despite subsection (7.1), if a tax is assessed under that subsection, the amount that would have been assessed in relation to the treaty lands of a taxing treaty first nation if the authority were levying a tax on the net taxable value of land and improvements in those treaty lands must be recovered from the treaty first nation by sending the treaty first nation a requisition for that amount under subsection (5) (b).
74 Section 26 is amended
(a) by adding the following subsection:
(1.2) If a taxing treaty first nation receives a requisition under section 25 (5) (b) or 133 (4) (b), the taxing treaty first nation must pay to the authority the amount of the requisition by August 1 of the year in which the requisition was sent. , and
(b) in subsection (7) by striking out "If a municipality fails to pay" and substituting "If a municipality or taxing treaty first nation fails to pay".
75 Section 27 (8) is amended by striking out "Sections 130, 131 and 132 of the School Act" and substituting "Except in relation to the treaty lands of a taxing treaty first nation, sections 130, 131 and 132 of the School Act".
76 The following section is added:
27.2 (1) Subject to this section, property that is in the treaty lands of a taxing treaty first nation and exempt
(a) under the laws of the treaty first nation from property taxation imposed by the treaty first nation, or
(b) under a tax treatment agreement from property taxation imposed under this Act
must be treated as if it were exempt for the purposes of calculating the rates under section 25 (2) and (6) and the amount of a requisition under section 25 (5) (b).
(2) Subject to subsection (3), 50% of the assessed value of a parcel, or a portion of a parcel, of land must be treated as if it were exempt for the purposes of calculating the rates under section 25 (2) and (6) and the amount of a requisition under section 25 (5) (b), if
(a) the parcel or portion is classified as a farm under the Assessment Act, or
(b) the parcel or portion is in an agricultural land reserve that is established under the Agricultural Land Commission Act, is subject to sections 18 to 20 and 28 of that Act and satisfies one or more of the conditions set out in subsection (3) of this section.
(3) The parcel or portion of a parcel referred to in subsection (2) (b) must be
(a) vacant and unused,
(b) used for a farm or residential purpose, or
(c) used for a purpose that is permitted by the Lieutenant Governor in Council under this Act.
(4) Land must be treated as if it were exempt for the purposes of calculating the rates under section 25 (2) and (6) and the amount of a requisition under section 25 (5) (b) if the land is included in a timber lease or timber licence issued under an enactment of British Columbia or of Canada
(a) for which a stumpage, as defined in the Forest Act, has not been reserved or not made available to the government, or
(b) which is held for the specific purpose of cutting and removing timber, and for no other purpose while so held.
(5) Property that would be exempt from taxation under laws of a taxing treaty first nation that have the same effect in respect of its treaty lands as a bylaw authorized under section 225 [partnering and other exemptions] of the Community Charter has in respect of land within a municipality in relation to
(a) a partnering agreement under the applicable law,
(b) a golf course, or
(c) a cemetery, mausoleum or columbarium,
must be treated as if it were taxable for the purposes of calculating the rates under section 25 (2) and (6), and the amount of a requisition under section 25 (5) (b), of this Act unless it can be treated as exempt under subsection (6) or (8) of this section.
(6) The Lieutenant Governor in Council may make regulations requiring that land and improvements that must be treated as taxable under subsection (5) must be treated as exempt.
(7) Regulations under subsection (6) may
(a) require that all or part of the property that is exempted under the law of the treaty first nation be treated as exempt,
(b) require the property be treated as exempt for all or part of the term of the exemption under the law of the treaty first nation, and
(c) be different for different classes or uses of property, different classes of owners and different classes of partnering agreements.
(8) The Lieutenant Governor in Council, by order in relation to property referred to in subsection (5) that is specified in the order, may require that
(a) all or part of the property be treated as exempt for the purposes of calculating the rates under section 25 (2) and (6) and the amount of a requisition under section 25 (5) (b), and
(b) the property be treated as exempt for those purposes for all or part of the term of the exemption under the law of the treaty first nation.
(9) Property must not be treated as exempt for the purposes of calculating the rates under section 25 (2) and (6), and the amount of a requisition under section 25 (5) (b), of this Act if the property is exempted from property tax under a law of a taxing treaty first nation that has the same effect in respect of its treaty lands as a bylaw has under section 226 [revitalization tax exemptions] of the Community Charter in respect of land within a municipality.
77 Section 133 is amended
(a) by adding the following subsection:
(3.1) Despite subsections (1) and (2), if the authority assesses a tax under those subsections for a taxation year, the authority, instead of assessing the tax in the treaty lands of a taxing treaty first nation, by bylaw, must apply the tax rate established under subsection (2) (b) in relation to the treaty lands to determine the amount that would have been assessed in relation to those treaty lands if the authority were assessing a tax on the taxable parking area, or taxable parking spaces, of parking sites in those treaty lands. , and
(b) by repealing subsection (4) and substituting the following:
(4) On or before May 1 in each year, the authority must
(a) send to the collector in each municipality and to the Surveyor of Taxes a notice setting out the tax rates that are applicable to the parking tax assessed for the municipality or rural area, and
(b) send to each taxing treaty first nation a requisition setting out
(i) the amount determined in relation to it under subsection (3.1), and
(ii) the rates applied to determine that amount.
78 Section 133 (4) is amended by striking out "in each year," and substituting "of each year before 2008,".
79 Section 135 is amended
(a) in subsection (1) by striking out "to each municipality in the transportation service region" and substituting "to each municipality and taxing treaty first nation in the transportation service region", and
(b) in subsection (2) by striking out "to the municipality and" and substituting "to the municipality, the taxing treaty first nation and".
80 Section 136 (1) is amended by striking out "Despite any other provision of this Part," and substituting "Subject to section 136.1 but despite any other provision of this Part,".
81 The following section is added:
136.1 Section 136 (1) (a), (b) and (e) applies in relation to the treaty lands of a taxing treaty first nation, and section 136 (1) (c) and (d) applies in relation to the treaty lands of a taxing treaty first nation to the same extent they would apply if the treaty lands were subject to taxation under the School Act, for the purposes of calculating the rates under section 133 (2) (b) and the amount of a requisition under section 133 (4) (b).
Greater Vancouver Transportation Authority Amendment Act, 2007
82 Section 31 of the Greater Vancouver Transportation Authority Amendment Act, 2007, as it enacts section 208 of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is amended by striking out "who is a mayor of a municipality in the transportation service region." and substituting "who is a mayor of a municipality in the transportation service region or the head of a treaty first nation whose treaty lands are in the transportation service region."
83 Section 31, as it enacts section 210 (3) of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is amended by striking out "If a mayor is unable to attend a meeting of the mayors' council on regional transportation, the mayor may appoint, as a delegate, a member of his or her municipal council to attend and act on that mayor's behalf" and substituting "If a member is unable to attend a meeting of the mayors' council on regional transportation, the member may appoint, as a delegate, a member of his or her municipal council or, in the case of a treaty first nation, a member of the governing body of the treaty first nation to attend and act on his or her behalf".
84 Section 31, as it enacts section 211 (2) of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is repealed and the following substituted:
(2) Subject to section 177 (2), 179 (3) or 217 (2), each member of the mayors' council on regional transportation has, in relation to any issue that is voted on by the mayors' council on regional transportation, the right to cast one vote for every 20 000, or portion of that number, of the population, as applicable, of
(a) the municipality of which the member is the mayor, or
(b) the treaty lands of the treaty first nation of which the member is the head,
as that population is determined in the most recently available Census of Canada.
85 Section 31, as it enacts section 212 (1) of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is amended by striking out "provided to any mayor who is a member" and substituting "provided to any member".
86 Section 31, as it enacts section 212 (2) of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is amended by striking out "A mayor who receives a record under subsection (1) must promptly provide a copy of it to every other mayor who is a member" and substituting "A member who receives a record under subsection (1) must promptly provide a copy of it to every other member".
87 Section 85 (b), as it amends section 169.1 (4) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by striking out "operated by or on behalf of a person or municipality" and substituting "operated by or on behalf of a person, municipality or treaty first nation".
Heritage Conservation Act
88 The Heritage Conservation Act, R.S.B.C. 1996, c. 187, is amended by adding the following section to Part 1:
8.1 If a treaty first nation, in accordance with its final agreement, makes laws for the conservation and protection of, and access to, heritage sites and heritage objects on its treaty lands, sections 9, 12, 13, 14, 16, 18 and 20 (1) (a) do not apply in relation to those treaty lands.
89 The following section is added:
32.1 (1) If a treaty first nation, under its own laws, designates a parcel of its treaty lands, the indefeasible title to which is registered under the Land Title Act, for the purpose of conserving and protecting heritage sites and heritage objects, the treaty first nation must file a written notice in the land title office.
(2) If the basis on which a notice was filed under subsection (1) no longer applies to the land, the treaty first nation must notify the land title office.
(3) Section 32 (3) and (5) to (8) applies as if a notice given under subsection (1) or (2) of this section were given under section 32 (1) or (4).
Home Owner Grant Act
90 The Home Owner Grant Act, R.S.B.C. 1996, c. 194, is amended by adding the following section:
6.1 An owner is not eligible for a grant or a low income grant supplement under this Act in relation to the owner's interest in the treaty lands of a treaty first nation that is a taxing treaty first nation as defined in the Treaty First Nation Taxation Act.
Homeowner Protection Act
91 Section 9 (4) (b) of the Homeowner Protection Act, S.B.C. 1998, c. 31, is repealed and the following substituted:
(b) a municipality, a regional district or a treaty first nation that, in accordance with its final agreement, makes laws respecting the construction or renovation of buildings on its treaty lands must provide reports respecting building regulation compliance by persons required to be licensed under this Act.
92 Section 9 (4) (b) is repealed and the following substituted:
(b) a municipality, a regional district or a treaty first nation that, in accordance with its final agreement, makes laws respecting the construction or renovation of buildings on its treaty lands must provide reports respecting building regulation compliance by persons authorized or required to be licensed under this Act.
93 Section 23 (6) (c) is repealed and the following substituted:
(c) subjects a municipality, regional district or treaty first nation to any greater liability than if this section were not in force.
94 Section 30 is amended
(a) in subsection (1) by striking out "A municipality or regional district must not issue" and substituting "A municipality, regional district or treaty first nation must not issue",
(b) in subsection (2) by striking out "If a municipality or regional district issues a building permit" and substituting "If a municipality, regional district or treaty first nation issues a building permit" and by striking out "the municipality or regional district is not liable" and substituting "the municipality, regional district or treaty first nation is not liable", and
(c) in subsection (3) by striking out "a municipality or regional district must forward to the registrar" and substituting "a municipality, regional district or treaty first nation must forward to the registrar".
95 Section 32 (2) is amended by adding the following paragraph:
(j.1) requiring treaty first nations that issue building permits to collect assessments under section 26 from applicants for building permits, and to forward to the office the amounts collected; .
96 Section 33 (b) is repealed and the following substituted:
(b) respecting the form of evidence that must be provided to a municipality, regional district or treaty first nation by an applicant for a building permit; .
Hospital District Act
97 Section 1 of the Hospital District Act, R.S.B.C. 1996, c. 202, is amended by adding the following definitions:
"tax treatment agreement" has the same meaning as in the Treaty First Nation Taxation Act;
"taxing treaty first nation" has the same meaning as in the Treaty First Nation Taxation Act.
98 Section 28 is amended by striking out "Sections 130, 131 and 132 of the School Act" and substituting "Except in relation to the treaty lands of a taxing treaty first nation, sections 130, 131 and 132 of the School Act".
99 The following section is added:
28.1 (1) Subject to this section, property that is in the treaty lands of a taxing treaty first nation and exempt
(a) under the laws of the treaty first nation from property taxation imposed by the treaty first nation, or
(b) under a tax treatment agreement from property taxation imposed under this Act
must be treated as if it were exempt for the purposes of assessment and taxation under this Act.
(2) Subject to subsection (3), 50% of the assessed value of a parcel, or a portion of a parcel, of land must be treated as if it were exempt for the purposes of assessment and taxation under this Act, if
(a) the parcel or portion is classified as a farm under the Assessment Act, or
(b) the parcel or portion is in an agricultural land reserve that is established under the Agricultural Land Commission Act, is subject to sections 18 to 20 and 28 of that Act and satisfies one or more of the conditions set out in subsection (3) of this section.
(3) The parcel or portion of a parcel referred to in subsection (2) (b) must be
(a) vacant and unused,
(b) used for a farm or residential purpose, or
(c) used for a purpose that is permitted by the Lieutenant Governor in Council under this Act.
(4) Land must be treated as if it were exempt for the purposes of assessment and taxation under this Act if the land is included in a timber lease or timber licence issued under an enactment of British Columbia or of Canada
(a) for which a stumpage, as defined in the Forest Act, has not been reserved or not made available to the government, or
(b) which is held for the specific purpose of cutting and removing timber, and for no other purpose while so held.
(5) Property that would be exempt from taxation under laws of a taxing treaty first nation that have the same effect in respect of its treaty lands as a bylaw authorized under section 225 [partnering and other exemptions] of the Community Charter has in respect of land within a municipality in relation to
(a) a partnering agreement under the applicable law,
(b) a golf course, or
(c) a cemetery, mausoleum or columbarium,
must be treated as if it were taxable for the purposes of assessment and taxation under this Act unless it can be treated as exempt under subsection (6) or (8) of this section.
(6) The Lieutenant Governor in Council may make regulations requiring that land and improvements that must be treated as taxable under subsection (5) must be treated as exempt.
(7) Regulations under subsection (6) may
(a) require that all or part of the property that is exempted under the law of the treaty first nation be treated as exempt,
(b) require the property be treated as exempt for all or part of the term of the exemption under the law of the treaty first nation, and
(c) be different for different classes or uses of property, different classes of owners and different classes of partnering agreements.
(8) The Lieutenant Governor in Council, by order in relation to property referred to in subsection (5) that is specified in the order, may require that
(a) all or part of the property be treated as exempt for the purposes of assessment and taxation under this Act, and
(b) the property be treated as exempt for those purposes for all or part of the term of the exemption under the law of the treaty first nation.
(9) Property must not be treated as exempt for the purposes of assessment and taxation under this Act if the property is exempted from property tax under a law of a taxing treaty first nation that has the same effect in respect of its treaty lands as a bylaw has under section 226 [revitalization tax exemptions] of the Community Charter in respect of land within a municipality.
Independent School Act
100 Section 1 (1) of the Independent School Act, R.S.B.C. 1996, c. 216, is amended in the definition of "independent school" by repealing paragraph (d) and substituting the following:
(d) a public school, a Provincial school or a school, other than a school operated by a treaty first nation under and in accordance with this Act, operated by a treaty first nation under its own laws, or .
101 Section 19 (1) is amended by adding the following paragraph:
(d.1) a school operated by a treaty first nation under its own laws, .
Indian Self Government Enabling Act
102 Section 1 of the Indian Self Government Enabling Act, R.S.B.C. 1996, c. 219, is amended in the definition of "band" by striking out "an Indian district;" and substituting "an Indian district or a treaty first nation;".
103 Section 17 is amended by striking out "a body of Indians that under an Act of Canada" and substituting "a body of Indians, other than a treaty first nation, that under an Act of Canada".
Interpretation Act
104 The Interpretation Act, R.S.B.C. 1996, c. 238, is amended by adding the following section:
29.1 (1) Insofar as they can be applied, the following definitions apply in all enactments relating to aboriginal or first nation matters:
"final agreement", except in references to the Nisga'a Final Agreement, means the Tsawwassen First Nation Final Agreement;
"settlement legislation" means an Act of British Columbia ratifying or giving effect to the final agreement of a treaty first nation;
"treaty first nation" means the Tsawwassen First Nation or the Tsawwassen First Nation Government, as the context requires;
"treaty first nation child" means a treaty first nation member who has not reached the age of majority;
"treaty lands", in relation to the Tsawwassen First Nation, means Tsawwassen Lands including additions to Tsawwassen Lands made in accordance with the Tsawwassen Final Agreement.
(2) Words and expressions that are used in this section and defined in a final agreement have the same meaning as in the final agreement.
Judicial Review Procedure Act
105 The Judicial Review Procedure Act, R.S.B.C. 1996, c. 241, is amended by adding the following section:
21 If a final agreement provides that the court has jurisdiction to hear an application for judicial review of a decision taken under a law of the treaty first nation by the treaty first nation or a public institution established under a law of the treaty first nation, this Act applies in relation to the application as if the law of the treaty first nation were an enactment.
Land Act
106 The Land Act, R.S.B.C. 1996, c. 245, is amended by adding the following section:
77.1 Despite this Part, for the purposes of a survey of treaty lands, the Surveyor General may issue instructions to a British Columbia land surveyor that
(a) the Surveyor General considers necessary or advisable, and
(b) are consistent with the final agreement of the treaty first nation.
Land Title Act
107 Section 1 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended
(a) in the definition of "approving officer" by striking out "or" at the end of paragraph (d), by adding ", or" at the end of paragraph (e) and by adding the following paragraph:
(f) the treaty first nation approving officer appointed under section 77.21; , and
(b) in the definition of "encumbrance" by striking out "and" at the end of paragraph (a), by adding ", and" at the end of paragraph (b) and by adding the following paragraph:
(c) in respect of treaty lands, a judgment, mortgage, lien, debt owed to the treaty first nation or other claim to or on those treaty lands created or given for any purpose by a law of the treaty first nation, and whether voluntary or involuntary; .
108 Section 76 (4) is amended by striking out "if the approving officer is a municipal, regional district or islands trust approving officer appointed under section 77 or 77.1" and substituting "if the approving officer is a municipal, regional district, islands trust or treaty first nation approving officer appointed under section 77, 77.1 or 77.21".
109 The following section is added:
77.21 (1) A treaty first nation must appoint an approving officer for its treaty lands.
(2) An approving officer appointed under subsection (1) must be
(a) an official or employee of the treaty first nation, or
(b) a person who is under contract with the treaty first nation.
(3) Sections 77.1 and 77.2 do not apply to the treaty lands of a treaty first nation.
110 Section 80 (b) is amended by striking out "an approving officer appointed under section 77 or 77.1 must not approve" and substituting "an approving officer appointed under section 77, 77.1 or 77.21 must not approve".
111 The following Part is added:
Part 24.01 — Treaty Lands
373.11 This Act, as modified by Schedule 1, applies in relation to
(a) the registration of treaty lands, and
(b) registered treaty lands.
112 Section 386.1 is amended by striking out "the Schedule" wherever it appears and substituting "Schedule 2".
113 The Schedule is renumbered as Schedule 2 and the following Schedule is added:
Application of Act to Treaty Lands
Part 1 — Treatment of Treaty Lands
1 (1) In this Schedule:
"chief administrative officer" means the officer or employee of a treaty first nation designated by the treaty first nation for the purposes of exercising the powers, and performing the duties, under this Schedule of a chief administrative officer of a treaty first nation;
"public area" has the same meaning as in Part 8 of this Act;
"treaty first nation corporation", in relation to a treaty first nation, means a corporation incorporated under federal or provincial law, all the shares of which are owned legally and beneficially by
(a) the treaty first nation,
(b) a settlement trust of which the treaty first nation is the sole beneficiary,
(c) another treaty first nation corporation of the treaty first nation, or
(d) a combination of these entities.
(2) Despite the definition of "rural area" in section 1 of this Act, for the purpose of applying this Act in relation to treaty lands, as this Act applies under the final agreement of the treaty first nation, references to "rural area" do not include treaty lands
(a) in sections 77.1 and 77.2 of this Act,
(b) in Part 23 of this Act, and
(c) if the treaty first nation has enacted a law excluding treaty lands from the rural area for the purposes of section 75 (1) or 99 (2) of this Act, in the specified provision.
2 (1) An indefeasible title to a parcel of treaty lands, as long as it remains in force and uncancelled, is conclusive evidence at law and in equity, as against the Crown and all other persons, that the person named in the title is indefeasibly entitled to an estate in fee simple to the land described in the indefeasible title, subject to the following:
(a) the subsisting conditions, provisos, restrictions, including restrictions on alienation, exceptions and reservations, including royalties, set out in a certificate of the treaty first nation under section 25 (3) or 27 (1) (a) (ii) (A) of this Schedule, as the case may be, relating to that parcel;
(b) a charge, tax, rate or assessment of the treaty first nation that at the date of the application for registration is imposed or made a lien, or that may after that date be imposed or made a lien, on the parcel of land;
(c) a right of expropriation under a law of the treaty first nation.
(2) The matters to which an indefeasible title to a parcel of treaty lands is subject under subsection (1) are in addition to any other matters to which that title is subject under section 23 (2) of this Act, as that section applies to the parcel under the final agreement of the treaty first nation.
3 (1) If the indefeasible title to a parcel of treaty lands is registered under this Act, the registrar must endorse a notation in the register stating
(a) that the land forms part of the treaty lands of the applicable treaty first nation under its final agreement,
(b) that the land may be subject to conditions, provisos, restrictions, exceptions and reservations, including royalties, in favour of that treaty first nation, and
(c) if section 28 of this Schedule applies in relation to the treaty lands, that the section applies.
(2) If a parcel referred to in subsection (1) ceases to be treaty lands in accordance with the final agreement of the treaty first nation, the registrar must cancel the notation under subsection (1) in relation to the parcel.
4 If a letter is assigned or an indefeasible title is registered under section 66 of this Act in respect of a parcel of treaty lands, the duty of the registrar under section 66 (5) of this Act to advise the taxing authority includes the duty to advise the treaty first nation.
5 In considering the sufficiency of a highway shown on a plan with respect to treaty lands and to be dedicated to the treaty first nation, the approving officer has the same duty to consider the matters set out in section 75 (3) of this Act as an approving officer has under that section with respect to highways being dedicated to the Crown.
6 (1) Section 83 of this Act does not apply in relation to treaty lands.
(2) A subdivision plan in respect of a parcel of treaty lands must be tendered for examination and approval by the approving officer.
(3) The subdivision plan must be accompanied by the following:
(a) the applicable fees established under the laws of the treaty first nation;
(b) a certificate of each applicable taxing authority, including the treaty first nation, certifying
(i) that all taxes assessed on the subdivided land have been paid, and
(ii) if local improvement taxes, rates or assessments are payable by installments, that all installments owing at the date of the certificate have been paid;
(c) if the approving officer considers that there is reason to anticipate that the land may be resubdivided and requires this, a sketch showing that the parcels into which the land is subdivided can conveniently be further subdivided into smaller parcels;
(d) if the approving officer requires these, profiles of every new highway shown on the plan and such necessary topographical details as may indicate engineering problems to be dealt with in opening up the highways, including environmental impact or planning studies.
7 The approving officer may refuse to approve a subdivision plan in respect of a parcel of treaty lands if
(a) the approving officer may refuse the approval under section 86 (1) (c) of this Act, as that section applies to that parcel under the final agreement of the treaty first nation, or
(b) the cost to the treaty first nation of providing public utilities or other works or services would be excessive.
8 (1) Section 87 of this Act does not apply in relation to treaty lands.
(2) Without limiting section 85 (3) of this Act, in considering an application for subdivision approval in respect of a parcel of treaty lands, the approving officer may refuse to approve the subdivision if the approving officer considers that the subdivision does not comply with the laws of the treaty first nation.
9 (1) If a parcel of treaty lands is being transferred, leased or donated to a treaty first nation for highway or other public purposes, the registrar may accept
(a) a metes and bounds description or an abbreviated description, with or without a reference plan or an explanatory plan, or
(b) a reference plan or an explanatory plan, with or without a metes and bounds description.
(2) The cases in which the registrar may accept the description or plan referred to in subsection (1) are in addition to the cases in which the registrar may accept the description or plan under section 99 (1) of this Act, as that section applies to a parcel of treaty lands under the final agreement of the treaty first nation.
10 (1) Section 102 (1), (3) and (4) of this Act does not apply in relation to treaty lands.
(2) A treaty first nation has in relation to its treaty lands the same power to deposit a reference plan under section 102 (1) of this Act, or in the circumstances described in section 102 (2) of this Act, an explanatory plan, as the Crown has under those provisions in relation to Crown lands.
(3) The reference plan or explanatory plan must be signed by the approving officer.
(4) The deposit of the plan by the registrar operates as a dedication by the treaty first nation to the public of the land shown on the plan as a highway.
11 (1) For the purposes of this section:
"geothermal resource" has the same meaning as in the Geothermal Resources Act;
"mineral" and "placer mineral" have the same meanings as in the Mineral Tenure Act;
"petroleum" has the same meaning as in the Petroleum and Natural Gas Act;
"provincial highway" means a highway designated on a plan as a highway that, on deposit of the plan, will vest in the Crown in right of the Province or in the BC Transportation Financing Authority.
(2) Except in relation to provincial highways, section 107 (1) of this Act does not apply in relation to treaty lands.
(3) Despite subsection (2), the deposit of a subdivision, reference or explanatory plan showing a portion of treaty lands as covered by water and as lying immediately adjacent to a lake, river, stream or other body of water not within land covered by the plan, and designated on the plan to be returned to the government, operates in the manner set out in section 107 (1) (c) to (e) of this Act.
(4) The deposit of a subdivision, reference or explanatory plan showing a portion of treaty lands as a park or public square or as a highway, other than a provincial highway, and not designated on the plan to be of a private nature, operates
(a) as an immediate and conclusive dedication by the owner to the public of that portion of the land shown as a highway, park or public square for the purpose indicated on or to be inferred from the words or markings on the plan,
(b) subject to a law of the treaty first nation, to vest in the treaty first nation title to the highway, park or public square, except to any of the following that are registered in the name of a person other than the owner:
(i) minerals or placer minerals;
(ii) coal;
(iii) petroleum;
(iv) gases;
(v) geothermal resources, and
(c) to extinguish the owner's common law property, if any, in that portion of treaty lands.
(5) An indefeasible title must not be registered for a highway, park or public square dedicated and vested under this section.
12 For the purpose of applying section 110 of this Act in relation to treaty lands, the registrar has the same powers and duties in respect of a portion of a parcel of treaty lands shown on a plan of subdivision as having been acquired by the treaty first nation for, or as having been dedicated as, a highway, park or public square as the registrar has under that section in respect of land acquired by the government or a municipality for, or dedicated as, a highway, park or public square.
13 (1) Section 115 (1) and (2) of this Act does not apply in relation to treaty lands.
(2) A treaty first nation may apply to the registrar to deposit a statutory right of way plan in respect of land acquired for a highway, and the registrar, if satisfied that the application and plan are in order, must assign to the plan a serial deposit number.
(3) Concurrently with or following the deposit of the statutory right of way plan, the chief administrative officer of a treaty first nation may file with the registrar a certificate in the form approved by the director certifying that all or part of the land in the statutory right of way plan has been established as a highway and the title vested in the treaty first nation in compliance with its law.
14 (1) A law enacted by a treaty first nation cancelling the dedication under this Act of all or part of a highway or public square must be filed in the land title office.
(2) The registrar may accept a reference plan, an explanatory plan or a description by apt descriptive words for the purposes of a law described in subsection (1).
(3) If a law is filed under subsection (1), the registrar must register in the name of the treaty first nation the indefeasible title of the land in respect of which the dedication is cancelled.
15 For the purposes of applying Part 8 of this Act in relation to treaty lands,
(a) a reference to "local authority" must be read as a reference to the treaty first nation, and
(b) a reference to "regional district" in relation to "land" must be read as a reference to a treaty first nation in relation to its treaty lands.
16 (1) For the purpose of applying section 124 of this Act in relation to treaty lands,
(a) the reference in section 124 (1) (b) (i) to "applicable subdivision and zoning bylaws" must be read as a reference to the applicable laws of the treaty first nation relating to subdivision and zoning, and
(b) the petitioner must request and file the report required under section 124 (2) only if any part of the public area affected by the petition is vested in the Crown in right of the Province or the BC Transportation Financing Authority for highway purposes.
(2) For the purpose of applying section 125 (2) of this Act in relation to a plan in respect of treaty lands, the petitioner referred to in that section
(a) need not comply with section 125 (2) (e), and
(b) for greater certainty, must serve a copy of the petition and notice of the hearing on the treaty first nation.
(3) For the purpose of applying section 126 (b) of this Act in relation to a plan in respect of treaty lands, the petitioner referred to in that section must post the petition and any other documents, for 4 consecutive weeks before the date set for hearing, at the principal administration building of the treaty first nation.
(4) Section 131 (1) (c) and (e) of this Act does not apply in relation to treaty lands.
(5) For the purpose of applying section 133 of this Act in relation to the treaty lands of a treaty first nation,
(a) the treaty first nation has the same power to oppose the cancellation or alteration of the boundaries of all or part of a public area as the minister charged with the administration of the Transportation Act has in respect of all or part of a public area that is an arterial highway or a public area outside a municipality, and
(b) the minister charged with the administration of the Transportation Act may oppose the cancellation or alteration of boundaries of all or part of a public area only if
(i) an estate or interest in that public area is vested in the Crown in right of the Province or the BC Transportation Financing Authority for highway purposes, or
(ii) the public area intersects or is adjacent to an area in which the Crown in right of the Province or the BC Transportation Financing Authority is vested with an estate or interest for highway purposes in circumstances described in the final agreement as circumstances in which British Columbia has the right to regulate highway matters in relation to treaty lands.
(6) For the purpose of applying section 137 of this Act in relation to treaty lands, the registrar has the same power under section 137 (1) (a) to cancel the lines dividing 2 or more contiguous parcels owned by the treaty first nation as the registrar has in respect of 2 or more contiguous parcels owned by the Crown.
17 (1) Section 142 of this Act does not apply in relation to treaty lands.
(2) If the title to all or part of a highway is vested solely in a treaty first nation, the chief administrative officer of the treaty first nation may apply to register the title to all or part of the highway in the treaty first nation, and, on registration, the treaty first nation may create air space parcels and deal with them in accordance with this Act.
(3) For the purpose of this section, an indefeasible title may be registered for all or part of a highway.
18 Section 179 (2) of this Act does not apply in relation to treaty lands.
19 There may be registered against the treaty lands of a treaty first nation that are registered in the name of a debtor of the treaty first nation, in the same manner as a charge is registered, a debt owing to that treaty first nation, but no debt owing to that treaty first nation affects the land of the debtor unless the debt is registered.
20 A person has the same power to create a statutory right of way in respect of treaty lands in favour of
(a) the treaty first nation as the person has in respect of the Crown under section 218 (1) (a) of this Act, and
(b) a treaty first nation corporation of the treaty first nation as the person has in respect of a Crown corporation under section 218 (1) (a) of this Act.
21 A covenant in respect of a parcel of treaty lands may be created, enforced and registered under section 219 of this Act in favour of
(a) the treaty first nation, or
(b) a treaty first nation corporation of the treaty first nation
to the same extent that a covenant may be created, enforced and registered under that section in favour of the Crown.
22 (1) If treaty lands the title to which is registered become vested in a treaty first nation under a law of the treaty first nation, the registrar,
(a) on application by the chief administrative officer, and
(b) on the production of a certificate of vesting signed by the chief administrative officer and describing the land,
must register an indefeasible title to that land in the name of the treaty first nation, and cancel any existing indefeasible title to the land, or effect registration by way of charge in the name of the treaty first nation.
(2) Section 278 of this Act applies to the registration of land under this section and for this purpose a reference to "the Crown", "the government" or "the Province" must be read as a reference to the treaty first nation.
23 If, in the opinion of the registrar,
(a) a person empowered to administer a law of a treaty first nation has produced satisfactory evidence of a contravention of that law, and
(b) a prohibition is necessary to prevent improper dealing in a parcel of the treaty lands of the treaty first nation covered by an indefeasible title,
the registrar has the power to lodge a caveat under section 285 of this Act to prohibit dealing with that land.
24 For the purposes of applying Part 23 of this Act in relation to treaty lands,
(a) "proper officer" means an individual appointed as the proper officer by the treaty first nation, and if no individual has been appointed, the treaty first nation,
(b) a treaty first nation has the same power to request a special survey of its treaty lands, and the same obligations with respect to making the request, as the council of a municipality has under section 323 (1) (f) of this Act in respect of a special survey of lands within the municipality,
(c) a treaty first nation has the same powers and obligations in relation to paying the costs and expenses of and incidental to a special survey of its treaty lands as a municipality has under sections 324 and 327 in respect of such costs and expenses for a special survey of lands within the municipality, and
(d) a treaty first nation or its proper officer, as applicable, is entitled to be given the notices, copies of orders and other documents in respect of a special survey of its treaty lands that a municipality or the proper officer of a municipality is entitled to be given in respect of a special survey of lands within the municipality.
Part 2 — Registration of Title to Treaty Lands
25 (1) If a final agreement requires registration of indefeasible titles to parcels of the treaty first nation's treaty lands on the date the final agreement is effective,
(a) in relation to treaty lands that immediately before the effective date were federal Crown lands, a certificate of a federal minister certifying that, on the effective date, the treaty first nation named in the certificate as the owner in fee simple is the owner of the estate in fee simple of the parcel described in the certificate, or
(b) in relation to treaty lands not referred to in paragraph (a), a certificate of the minister charged with the administration of the Treaty Commission Act certifying that, on the effective date, the treaty first nation named in the certificate as the owner in fee simple is the owner of the estate in fee simple of the parcel described in the certificate,
constitutes conclusive evidence to the registrar that the treaty first nation named in the certificate as the owner of the land described in the certificate is entitled to a good safe holding and marketable title in fee simple in respect of that land subject only to the charges set out in a certificate under subsection (2) and the conditions, provisos, restrictions, exceptions and reservations set out in a certificate under subsection (3).
(2) If an application for registration under this section is accompanied by
(a) a certificate of a federal minister, the minister charged with the administration of the Treaty Commission Act and the head of the treaty first nation certifying that, on the date the final agreement is effective, the land to which the certificate relates is subject to the charges set out in the certificate, and
(b) registrable instruments for each charge set out in the certificate,
the certificate constitutes conclusive evidence to the registrar that the land described in the certificate is subject to those charges.
(3) If an application for registration under this section is accompanied by a certificate of the treaty first nation certifying that, on the date the final agreement is effective, the land to which the certificate relates is subject to the conditions, provisos, restrictions, including restrictions on alienation, exceptions and reservations, including royalties, set out in the certificate, the certificate constitutes conclusive evidence to the registrar that the land described in the certificate is subject to those conditions, provisos, restrictions, exceptions and reservations.
(4) If registration under this section is the first registration of an indefeasible title to the land, the application must be accompanied by a plan of the land affected by the application that has been prepared by a British Columbia land surveyor and signed by the Surveyor General.
(5) If the Surveyor General is satisfied a plan referred to in subsection (4) complies with the Surveyor General's instructions for the survey, the Surveyor General must sign the plan.
(6) The signature of the Surveyor General on a plan referred to in subsection (4) constitutes conclusive evidence to the registrar that
(a) the land shown on the plan forms part of the treaty lands, and
(b) no part of the land described in the plan is below the natural boundary, as defined in the Land Act, other than a part that is, by appropriate labels and boundary outlines, designated as such.
(7) On receiving a certificate under subsection (1),
(a) in the case of a first registration of an indefeasible title to the land, if the registrar is satisfied that the boundaries of the land are sufficiently defined by the plan referred to in subsection (4), the registrar must
(i) register the indefeasible title to the land in the name of the treaty first nation, and
(ii) if subsection (2) applies in respect of the land, register against that title the charges set out in the certificate, and
(b) in the case of parcels previously registered, the registrar must
(i) cancel any existing indefeasible titles to the land,
(ii) register the indefeasible title to the land in the name of the treaty first nation, and
(iii) if subsection (2) applies in respect of the land, register against that title the charges set out in the certificate that are not already registered against the title.
26 (1) An application by a treaty first nation for registration of an indefeasible title to a parcel of its treaty lands for which no indefeasible title is registered at the time of application must be accompanied by
(a) a plan of the land affected by the application that has been prepared by a British Columbia land surveyor and signed by the Surveyor General,
(b) a certificate of the treaty first nation that complies with section 27 (1) of this Schedule,
(c) registrable instruments for all charges, including charges in respect of a debt owed to the treaty first nation, to which the parcel is subject, and
(d) if section 28 of this Schedule applies in respect of the registration, a certificate of transfer that complies with that section.
(2) If the Surveyor General is satisfied a plan referred to in subsection (1) (a) complies with the Surveyor General's instructions for the survey, the Surveyor General must sign the plan.
(3) The signature of the Surveyor General on a plan referred to in subsection (1) (a) constitutes conclusive evidence to the registrar that
(a) the land shown on the plan forms part of the treaty lands, and
(b) no part of the land described in the plan is below the natural boundary, as defined in the Land Act, other than a part that is, by appropriate labels and boundary outlines, designated as such.
(4) On receiving an application that complies with subsection (1), if the registrar is satisfied that the boundaries of the land are sufficiently defined by the plan referred to in subsection (1) (a), the registrar must register the indefeasible title to the land in the name of the person named in the certificate referred to in subsection (1) (b), subject only to the charges set out in that certificate.
27 (1) A certificate of a treaty first nation for the purposes of section 26 (1) (b) of this Schedule must
(a) certify that, on the date of the certificate,
(i) the person named in the certificate as the owner in fee simple is the owner of the estate in fee simple of the parcel, and
(ii) the certificate sets out all
(A) subsisting conditions, provisos, restrictions, including restrictions on alienation, exceptions and reservations, including royalties, contained in the original or any other conveyance or disposition from the treaty first nation, whether in favour of the treaty first nation or another person, and
(B) charges, including charges in respect of debts owed to the treaty first nation,
to which the estate in fee simple of the parcel is subject, and
(b) be signed not more than 7 days before the date of registration.
(2) A certificate of a treaty first nation under subsection (1) constitutes conclusive evidence to the registrar that the person named in the certificate as the owner of the land described in the certificate is entitled to a good safe holding and marketable title in fee simple in respect of that land subject only to the charges set out in the certificate.
28 (1) If
(a) a final agreement authorizes the treaty first nation to make laws providing that treaty lands must not be registered in a name other than the treaty first nation without a certificate of transfer issued by the treaty first nation, and
(b) the treaty first nation has enacted such a law,
the registrar must not register the indefeasible title to a parcel of those treaty lands in a name other than the treaty first nation unless the application is accompanied by a certificate of the treaty first nation certifying that
(c) the certificate is issued in accordance with the laws of the treaty first nation, and
(d) the person named in the certificate as transferee of the parcel is a permitted transferee of that parcel under those laws.
(2) A certificate under subsection (1) must set out the date the certificate ceases to be valid and the registrar must not accept that certificate for the purposes of that subsection unless it is tendered on or before that date.
(3) A certificate under this section constitutes conclusive evidence to the registrar that the person named in the certificate is a permitted transferee of the land described in the certificate.
29 (1) If a parcel of land is to be added to or deleted from the treaty lands of a treaty first nation, and, at the time of the addition or deletion, an indefeasible title to the parcel to be added or deleted is registered under this Act, the minister charged with the administration of the Treaty Commission Act must file a certificate in the land title office in respect of the land to be added or deleted.
(2) A certificate referred to in subsection (1) must
(a) contain a description of the land sufficient for the registrar to identify it in the records,
(b) state that the land has been added to or deleted from the treaty lands of the treaty first nation in accordance with its final agreement, and
(c) if in relation to a deletion from treaty lands, identify the new taxing authority.
(3) A certificate filed under this section is conclusive evidence to the registrar that the addition or deletion was made in accordance with the final agreement of the applicable treaty first nation.
30 (1) For the purpose of applying this Act in relation to treaty lands, an instrument executed by or on behalf of the treaty first nation is conclusively deemed to be properly executed if
(a) the execution of the instrument by an authorized signatory of the treaty first nation is witnessed by an officer, as defined in Part 5 of this Act, who is not a party to the instrument, and
(b) the execution is proved under section 44 of this Act as if the treaty first nation were a corporation.
(2) Despite subsection (1), a certificate under section 28 (1) of this Schedule is conclusively deemed to be properly executed if it is signed by an authorized signatory of the treaty first nation.
(3) An instrument executed and proved in compliance with subsection (1) or (2), as applicable in relation to the instrument, constitutes conclusive evidence to the registrar that the requirements of the laws of the treaty first nation relating to the execution of the instrument and the transaction or dealing contemplated by it have been fulfilled.
(4) If an instrument executed by or on behalf of a treaty first nation is presented for registration or filing under this Act, the registrar need not act on, inquire into or give effect to the laws of the treaty first nation or make any inquiry into the capacity of the treaty first nation or make any other inquiry into whether or not
(a) any law of the treaty first nation is in force,
(b) the transaction or dealing contemplated by the instrument was duly authorized in accordance with the laws of the treaty first nation,
(c) all rules and procedures established by the treaty first nation respecting the disposition of an estate or interest in land have been complied with, or
(d) the treaty first nation subsists as a legal entity.
(5) In addition to the limitations of liability established under sections 294.6 and 303 of this Act, none of the following are, under any circumstances, liable for compensation for loss, damage or deprivation occasioned by an ultra vires or unlawful act of a treaty first nation:
(a) the assurance fund under Part 19.1 of this Act;
(b) the assurance fund under Part 20 of this Act;
(c) the Land Title and Survey Authority;
(d) the minister.
Part 3 — Cancelling Registration of Treaty Lands
31 (1) If a treaty first nation or a treaty first nation corporation is the registered owner of the estate in fee simple in a parcel of the treaty first nation's treaty lands and that parcel is free of encumbrances except those in favour of the treaty first nation, on application of the treaty first nation accompanied by
(a) any duplicate indefeasible title issued in respect of the parcel, and
(b) evidence satisfactory to the registrar of the consent of the registered owner of the parcel,
the registrar must cancel the registration of the indefeasible title, and the duplicate indefeasible title, to the parcel together with the registration of any interest, the benefit of which was appurtenant to that indefeasible title.
(2) For certainty, if registration is cancelled under subsection (1), this Act ceases to apply to the parcel.
Liquor Control and Licensing Act
114 The Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended by adding the following section:
7.1 (1) If the final agreement of a treaty first nation requires that British Columbia authorize persons designated by the treaty first nation to approve or deny applications for special occasion licences described in section 7 (1), the general manager has the responsibility for
(a) authorizing the persons designated by that treaty first nation for that purpose to issue special occasion licences in accordance with section 7, and
(b) delegating to those designates the authority to make the decision under section 7 (3).
(2) A person designated by a treaty first nation and authorized under subsection (1) (a) to issue special occasion licences has the same duty in respect of a special occasion licence the person issues as a store manager has under section 7 (5) in respect of a licence the store manager issues.
Local Government Act
115 Section 5 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended
(a) in the definition of "director" by striking out "whether as a municipal director under section 784 or" and substituting "whether as a municipal director under section 784, a treaty first nation director under section 795.2 or",
(b) in the definition of "participant" by striking out "and" at the end of paragraph (a) and by adding the following paragraph:
(a.1) in relation to a treaty first nation participating area, the governing body of the treaty first nation, and ,
(c) in the definition of "participating area" by striking out "a municipal participating area or" and substituting "a municipal participating area, a treaty first nation participating area or",
(d) in the definition of "requisition" by striking out "under section 805" and substituting "under section 795.31 [requisition of funds for treaty lands], 805", and
(e) by adding the following definitions:
"taxing treaty first nation" has the same meaning as in the Treaty First Nation Taxation Act;
"treaty first nation director" means a director for a treaty first nation who is appointed under section 795.2 [treaty first nation directors];
"treaty first nation participating area" means the area of the treaty lands of a treaty first nation that is in a service area; .
116 Section 15 is amended by adding the following subsection:
(3) Letters patent issued for the purpose of giving effect to a final agreement may exempt a municipality or regional district from the requirements under subsection (1) (b).
117 The following section is added:
26.1 (1) Despite section 26 [reduction of municipal area], if municipal boundaries are affected by a final agreement, the Lieutenant Governor in Council, by supplementary letters patent, may reduce the area of the municipality.
(2) If under a final agreement, on a specified date or on the occurrence of a specified event, land within a municipality becomes treaty lands of a treaty first nation or is otherwise excluded from the municipality and supplementary letters patent have not been issued under subsection (1) in respect of that municipality, the letters patent of the municipality are deemed amended as contemplated by the final agreement.
118 The following section is added to Part 7:
301.2 The Lieutenant Governor in Council may make regulations prescribing modifications considered necessary or advisable for applying this Part for the purposes of a final agreement that provides the treaty first nation or its government with some or all of the same protections, immunities, limitations in respect of liability, remedies over and rights provided to a municipality and its council and public officers under this Part.
119 Section 692 is amended by adding the following subsections:
(4) Subject to an agreement described in subsection (5), the building code established under subsection (1) applies to the treaty lands of treaty first nations.
(5) If under the final agreement of a treaty first nation the government is required to negotiate and attempt to reach agreement with the treaty first nation enabling the treaty first nation to establish standards for buildings or structures that are different from or in addition to the standards established by the building code established under subsection (1), the minister, on behalf of the government, may enter into an agreement reached in the negotiation.
120 Part 24 is amended by adding the following Division:
Division 3.1 — Treaty First Nations and Regional Districts
795.1 (1) For the purpose of applying the provisions of this Act or the regulations in relation to the participation of a treaty first nation as a member of a regional district,
(a) a reference to "municipality" within the meaning of paragraph (a) of its definition in the Schedule to the Community Charter must be read as a reference to the treaty first nation,
(b) a reference to "municipality" within the meaning of paragraph (b) of its definition in the Schedule to the Community Charter must be read
(i) as a reference to the treaty lands of the treaty first nation, and
(ii) if in relation to a regional district, as the portion of those treaty lands that are within the boundaries of the regional district,
(c) a reference to "council" must be read as a reference to the governing body of the treaty first nation,
(d) a reference to "municipal director" must be read as a reference to the treaty first nation director of the treaty first nation,
(e) a reference to "municipal participating area" must be read as a reference to a treaty first nation participating area of the treaty first nation,
(f) a reference to "mayor" must be read as a reference to the head of the treaty first nation,
(g) a reference to a bylaw of a municipality must be read as a reference to a law of the treaty first nation,
(h) a reference to "official community plan" must be read as a reference to the land use plan of the treaty first nation, and
(i) the references to "municipal corporate officer" in sections 783 (7) and 786 (3) must be read as references to the officer or employee designated by the treaty first nation for the purposes of giving notice to the regional district corporate officer under those sections.
(2) For the purpose of applying the provisions of this Act or the regulations in relation to the participation of a treaty first nation as a member of a regional district,
(a) references to "local government" do not include treaty first nations except in
(i) sections 40 [costs of elections], 41 [appointment of election officials], 66 (2) (b) [who may hold elected office] and 102 [use of voting machines],
(ii) Divisions 9 [Voting Opportunities], 11 [Conduct of Voting Proceedings], 14 [Judicial Recount] and 16 [Final Proceedings] of Part 3 [Electors and Elections] and Divisions 3 [Other Voting Proceedings] and 4 [Scrutineers] of Part 4 [Other Voting], and
(iii) Division 4.5 [Dispute Resolution in Relation to Services] of this Part [Regional Districts], and
(b) except for the purpose referred to in section 795.11 (3), references to "jurisdiction" in Divisions 1 to 8 of Part 3, other than in the definition of "voting opportunity" in section 33 and in section 40, do not include a treaty first nation.
795.11 (1) If a final agreement provides for the membership of the treaty first nation in a regional district,
(a) this Act, as modified by this Division, applies to the treaty first nation as a member as if the treaty first nation were a municipality in the regional district, and
(b) the treaty first nation director has the same functions, powers, duties and obligations, as modified by this Division, as a municipal director.
(2) For certainty, to the extent that the Community Charter applies to a regional district of which a treaty first nation is a member, or to a director as a member of the board, the Community Charter applies to the treaty first nation as a member of the regional district and to the treaty first nation director as a member of the board.
(3) Except as provided in section 795.3 (2) [treaty first nation electors], for the purpose of applying provisions of the Community Charter to a regional district of which a treaty first nation is a member, "elector" in relation to the treaty first nation and its treaty lands must be read as a reference to individuals who would be qualified to register as a resident elector or non-resident property elector of the treaty lands of that treaty first nation if the treaty lands were a municipality.
795.12 (1) If the final agreement of a treaty first nation provides for membership of the treaty first nation in a regional district on a specified date, the Lieutenant Governor in Council may issue letters patent to
(a) include in the regional district the treaty first nation and all or the portion of the treaty lands that, before the effective date of the final agreement, were within the boundaries of the regional district, and
(b) subject to this Act, do everything necessary to enable that membership in accordance with the final agreement,
effective on the specified date.
(2) If on a specified date referred to in subsection (1) the letters patent of the applicable regional district have not been amended or reissued, the letters patent are deemed amended to include the treaty lands described in subsection (1) (a).
795.2 (1) If a treaty first nation is a member of a regional district, the board of the regional district consists of municipal directors, treaty first nation directors and electoral area directors.
(2) For certainty, section 783 [composition and voting rights] applies for the purpose of determining the number of directors and votes to which a treaty first nation is entitled.
(3) A treaty first nation must appoint a director to a board from among the elected members of its governing body.
(4) To be eligible for appointment under subsection (3), the person must be qualified to hold office as a member of a local government in accordance with section 66 [who may hold elected office].
(5) Section 67 (2) (a) and (3) (b) [disqualification of local government employees] does not apply in relation to a person referred to in subsection (3).
795.21 (1) Section 784 (2) [appointment and term of office of municipal directors] does not apply in relation to a treaty first nation director.
(2) The term of office of a treaty first nation director
(a) begins when the person takes office in accordance with section 210 (3) [oath of office], and
(b) continues until the earliest of the following occurs:
(i) another director takes office in the original director's place;
(ii) the director ceases to be an elected member of the governing body of the treaty first nation before the end of the director's term of office as a member of that body;
(iii) the director ceases to be qualified to hold office under section 66 [who may hold elected office];
(iv) the director's term of office as a member of the governing body of the treaty first nation ends.
795.22 (1) Section 786 (1) [alternate municipal directors] does not apply in relation to a treaty first nation.
(2) A treaty first nation may appoint as an alternate director an elected member of its governing body who is qualified to hold office as a member of a local government in accordance with section 66.
(3) Section 67 (2) (a) and (3) (b) [disqualification of local government employees] does not apply in relation to the elected member appointed under subsection (2).
795.3 (1) For the purposes of the application of Part 4 [Other Voting] in relation to the membership of a treaty first nation in a regional district,
(a) section 161 (1), (2), (4), (5) and (6) [who may vote at other voting] does not apply, and
(b) individuals may vote if they
(i) are qualified to do so under a law of the treaty first nation enacted for the purposes of this section, and
(ii) register in accordance with that law.
(2) For the purpose of obtaining participating area approval by alternative approval process within treaty lands, individuals may submit a response as an elector under section 86 of the Community Charter if they are qualified to vote under the law referred to in subsection (1) (b) of this section.
795.31 (1) This section applies only in relation to the treaty lands of treaty first nations that are not taxing treaty first nations.
(2) Except as provided in this section, Division 4.3 [Requisition and Tax Collection] of this Part does not apply in relation to the requisition and collection of taxes in treaty lands.
(3) Section 804.3 (1), (5) and (6) [tax base for property value taxes] applies in relation to a treaty first nation participating area as if the treaty first nation participating area were an electoral participating area.
(4) On or before April 10 in each year, the designated regional district officer must send to the minister charged with the administration of the Taxation (Rural Area) Act a requisition in respect of each service stating the amount required during the year in respect of each treaty first nation participating area.
(5) The amounts requisitioned under subsection (4) may be paid by the minister charged with the administration of the Financial Administration Act from the consolidated revenue fund.
(6) If a requisition is delivered under subsection (4), the amount requisitioned must be collected by the government as follows:
(a) in the case of an amount that is to be recovered by means of a property value tax, by imposing the tax within the treaty first nation participating areas in accordance with the Taxation (Rural Area) Act, using the applicable tax base authorized under section 804.3 [tax base for property value taxes] of this Act as it applies under subsection (3) of this section;
(b) in the case of an amount that is to be recovered by means of a parcel tax, by imposing the tax on the appropriate parcels within the treaty first nation participating areas, on the basis of the parcel tax roll under subsection (7).
(7) If a parcel tax is to be imposed under this section,
(a) the board must, by bylaw, provide for the preparation of a parcel tax roll for the service area, and for these purposes Division 4 [Parcel Taxes] of Part 7 of the Community Charter applies,
(b) the authenticated parcel tax roll for the tax must be forwarded to the Surveyor of Taxes before February 28 in each year, and
(c) the authenticated parcel tax roll is to be used as the basis for the tax, subject to any deletions required to reflect deletions from the supplementary roll used under the Taxation (Rural Area) Act.
(8) An amount to be recovered under subsection (6) must be imposed by the government as if it were a tax, and the Taxation (Rural Area) Act and the provisions of that Act respecting assessment, levy, collection and recovery of taxes and the addition of penalties and interest on unpaid taxes apply to taxes imposed under this section.
(9) For the purpose of applying section 804.11 [exclusion of property under creditor protection from apportionment] in relation to property taxation within treaty lands, in order to be effective for the requisition in the current year, the board must make an exclusion referred to in section 804.11 (2) before the requisition for that year in respect of the eligible service is sent to the minister under subsection (4) of this section.
(10) Section 363.2 (2) (b) does not apply in relation to a treaty first nation, but a statement referred to in that section must be sent to the Surveyor of Taxes in respect of any amount referred to in section 363.2 (1) in relation to the treaty lands of the treaty first nation.
(11) Section 363.2 (4) does not apply in relation to treaty lands.
795.32 (1) Section 804.3 (1) and (4) does not apply in relation to property taxes within the treaty lands of a taxing treaty first nation.
(2) If a requisition is delivered to a taxing treaty first nation under section 805 of this Act, except as provided in subsection (4) of this section, the amount requisitioned must be collected by the taxing treaty first nation as follows:
(a) in the case of an amount that under a bylaw must be recovered by means of a property value tax, by imposing the tax in accordance with Division 3 [Property Value Taxes] of Part 7 of the Community Charter, as that Part applies in relation to a tax referred to in section 197 (1) (b) of that Act, using the applicable tax base authorized under section 804.3 (2) of this Act;
(b) in the case of an amount that under a bylaw must be recovered by means of a parcel tax, by imposing the tax on the appropriate parcels within the treaty first nation participating areas of the taxing treaty first nation in accordance with Division 4 [Parcel Taxes] of Part 7 of the Community Charter;
(c) in the case of an amount to which neither paragraph (a) nor (b) applies or an amount for a service for which no establishing bylaw is required, if the taxing treaty first nation imposes a property tax within its treaty lands specifically for the purpose of raising the amount of a requisition, by imposing a property value tax on the basis of the net taxable value of land and improvements in the treaty first nation participating areas as if the tax were a tax referred to in section 197 (1) (b) of the Community Charter.
(3) In the circumstances described in subsection (2) (a) or (c), the taxing treaty first nation must set out separately on a tax notice given to the owner
(a) the amount of the taxes imposed, and
(b) the rate at which the taxes are imposed
in relation to the specific requisition.
(4) If a requisition is received by a taxing treaty first nation under section 805 and subsection (2) of this section does not apply, the taxing treaty first nation need only comply with section 805 (2).
(5) Section 363.2 (2) to (5) does not apply in relation to fees, charges and other amounts described in section 363.2 (1) that are payable in relation to treaty lands.
(6) If fees, charges and other amounts described in section 363.2 (1) are owed by a person in relation to the treaty lands of a taxing treaty first nation and not paid on or before December 31 of the year in which they are incurred, the regional district financial officer must send an invoice to the treaty first nation on or before April 10 in the next taxation year and section 805 (2) applies as if the invoice were a requisition for the current year.
795.4 (1) Despite section 826 (1) [general liability provisions],
(a) section 824 [financing municipal undertakings] does not apply in relation to treaty first nations,
(b) a treaty first nation director may not vote on a bylaw referred to in section 824 (2), and
(c) for certainty, a treaty first nation is not liable for regional district borrowing under that section.
(2) Section 826 (2) does not apply in relation to a default of a treaty first nation.
795.41 If the final agreement of a treaty first nation provides that, on becoming a member of a regional district, the treaty first nation will participate in specified regional district services,
(a) if the service is provided under supplementary letters patent, those letters patent are deemed amended, and
(b) if the service is provided under a bylaw, that bylaw is deemed amended
to include the treaty first nation as a participant in, and the treaty lands of that treaty first nation as a participating area of, that service.
121 Section 815 (10) (b) is amended by striking out "sections 805" and substituting "sections 795.31 [tax base, requisitions and collection of funds in treaty lands], 805".
Mineral Land Tax Act
122 The Mineral Land Tax Act, R.S.B.C. 1996, c. 290, is amended by adding the following section:
3.2 (1) In this section, "tax treatment agreement" means an agreement among a treaty first nation, British Columbia and Canada that,
(a) under the chapter of the treaty first nation's final agreement that sets out the agreement of the parties in relation to taxation, is required to come into effect on the date the final agreement comes into effect, and
(b) is tabled in the Legislative Assembly on or before the date settlement legislation in relation to the final agreement receives Third Reading,
and, for greater certainty, does not include amendments to the agreement made after the date the settlement legislation receives Third Reading.
(2) Despite section 3, a person is not subject to tax under this Act if and to the extent that a tax treatment agreement provides that the person is not subject to tax under this Act.
Mineral Tax Act
123 The Mineral Tax Act, R.S.B.C. 1996, c. 291, is amended by adding the following section:
2.11 (1) In this section, "tax treatment agreement" means an agreement among a treaty first nation, British Columbia and Canada that,
(a) under the chapter of the treaty first nation's final agreement that sets out the agreement of the parties in relation to taxation, is required to come into effect on the date the final agreement comes into effect, and
(b) is tabled in the Legislative Assembly on or before the date settlement legislation in relation to the final agreement receives Third Reading,
and, for greater certainty, does not include amendments to the agreement made after the date the settlement legislation receives Third Reading.
(2) Despite section 2, a person is not subject to tax under this Act if and to the extent that a tax treatment agreement provides that the person is not subject to tax under this Act.
Motor Fuel Tax Act
124 The Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is amended by adding the following section:
20.11 (1) In this section, "tax treatment agreement" means an agreement among a treaty first nation, British Columbia and Canada that,
(a) under the chapter of the treaty first nation's final agreement that sets out the agreement of the parties in relation to taxation, is required to come into effect on the date the final agreement comes into effect, and
(b) is tabled in the Legislative Assembly on or before the date settlement legislation in relation to the final agreement receives Third Reading,
and, for greater certainty, does not include amendments to the agreement made after the date the settlement legislation receives Third Reading.
(2) On application, and on receipt of evidence establishing that a person is entitled under a tax treatment agreement to a refund of tax paid by the person under this Act, the director must pay that refund from the consolidated revenue fund to that person.
Motor Vehicle Act
125 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by adding the following definition:
"rural area" does not include treaty lands; .
126 Section 67 is amended
(a) by adding the following subsection:
(3.1) If the accident occurred in treaty lands, the report must be made to an officer of the police force responsible for policing those treaty lands within 48 hours after the accident. , and
(b) in subsection (5) by striking out "If the accident occurred elsewhere than in a municipality," and substituting "If the accident occurred elsewhere than in a municipality or treaty lands,".
127 Section 83 is amended
(a) in subsection (1) by adding the following definition:
"traffic laws of a treaty first nation" includes the laws of a treaty first nation, enacted under its final agreement, with respect to the parking of vehicles or the use of parking meters. , and
(b) by repealing subsection (2) and substituting the following:
(2) The owner of a motor vehicle must be held liable for any contravention of
(a) this Act or the regulations,
(b) the Transportation Act or the regulations under it,
(c) the Firearm Act in respect of the carrying or use of firearms in motor vehicles,
(d) the traffic bylaws of a municipality, or
(e) the traffic laws of a treaty first nation.
128 Section 84 (1) is amended by striking out "the regulations under any of these Acts or the bylaws of a municipality," and substituting "the regulations under any of these Acts, the bylaws of a municipality or the laws of a treaty first nation,".
129 Section 119 (1) is amended in the definition of "traffic control device" by striking out "or the council of a municipality or a person authorized by either of them" and substituting ", the council of a municipality or the governing body of a treaty first nation or a person authorized by any of them".
130 Section 135 is amended
(a) in subsection (1) by striking out everything after "the person is authorized to do so by" and by adding the following paragraphs:
(a) the Minister of Transportation,
(b) the council of the municipality in which the device is placed, erected or maintained,
(c) the governing body of the treaty first nation in whose treaty lands the device is placed, erected or maintained, or
(d) a person duly authorized by a person or body referred to in paragraphs (a) to (c). , and
(b) in subsection (2) by striking out ", the council of a municipality or a person authorized by either of them," and substituting "the council of a municipality, the governing body of a treaty first nation or a person authorized by any of them,".
131 Section 146 is amended
(a) in subsection (1) by striking out "in a municipality at a greater rate of speed" and substituting "in a municipality or treaty lands at a greater rate of speed",
(b) in subsection (7) by striking out "If, under a bylaw adopted by a municipality, signs" and substituting "If, under a bylaw adopted by a municipality or a law enacted by a treaty first nation, signs",
(c) in subsection (10) by striking out "A municipality that has enacted a bylaw under subsection (8) is" and substituting "A municipality that has enacted a bylaw under subsection (8) and a treaty first nation that has enacted a law having the same effect are", and
(d) in subsection (11) by striking out "bylaw under subsection (8)" and substituting "bylaw under subsection (8) or in the treaty lands of a treaty first nation that has enacted a law having the same effect".
132 Section 168 is amended by striking out "Except as provided by the bylaws of a municipality," and substituting "Except as provided by the bylaws of a municipality or the laws of a treaty first nation,".
133 Section 179 (4) is amended by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:
(c) if located on treaty lands, authorized by the chief of the police force responsible for policing the treaty lands.
134 Section 188 (1) (b) and (3) is amended by striking out "or a municipality," and substituting ", a municipality or a treaty first nation,".
135 Section 189 is amended
(a) in subsection (1) (o) by striking out "or a municipality." and substituting ", a municipality or a treaty first nation.", and
(b) by repealing subsection (3) and substituting the following:
(3) Despite subsection (1) (f), a municipality may provide by bylaw that if authorized by a sign posted by the municipality a person may park a cycle or motorcycle within 6 m of the approach side of a crosswalk if the cycle or motorcycle is
(a) of a size that, and
(b) parked so that
it does not obstruct a motorist's view of the crosswalk or an intersection.
(3.1) If a municipality enacts a bylaw referred to in subsection (3), or a treaty first nation enacts a law having the same effect, a person may park a cycle or motorcycle in accordance with the bylaw or law.
136 Section 190 is amended by striking out "Except when a municipality or" and substituting "Except when a municipality, a treaty first nation or".
137 Section 192 (1) is amended by striking out "in a municipality" in both places and substituting "in a municipality or treaty lands".
138 Section 204 (3) is amended by striking out "or the council of a municipality," and substituting ", the council of a municipality or the governing body of a treaty first nation,".
139 Section 214 (1) is amended by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:
(c) a highway within treaty lands, except in accordance with the laws of the treaty first nation.
140 Section 216 (2) is repealed and the following substituted:
(2) The minister, for and on behalf of the government, may enter into an agreement or arrangement with a municipality or treaty first nation to implement regulations made under subsection (1), and the municipality or treaty first nation may, by resolution, enter into the agreement or arrangement.
New Relationship Trust Act
141 Section 1 of the New Relationship Trust Act, S.B.C. 2006, c. 6, is amended in the definition of "qualified individual" by adding the following paragraph:
(c.1) the head of a treaty first nation, .
Petroleum and Natural Gas Act
142 The Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended by adding the following section:
80.2 (1) In this section, "tax treatment agreement" means an agreement among a treaty first nation, British Columbia and Canada that,
(a) under the chapter of the treaty first nation's final agreement that sets out the agreement of the parties in relation to taxation, is required to come into effect on the date the final agreement comes into effect, and
(b) is tabled in the Legislative Assembly on or before the date settlement legislation in relation to the final agreement receives Third Reading,
and, for greater certainty, does not include amendments to the agreement made after the date the settlement legislation receives Third Reading.
(2) Despite section 80, a person is not subject to tax under this Act if and to the extent that a tax treatment agreement provides that the person is not subject to tax under this Act.
Police Act
143 Section 3 of the Police Act, R.S.B.C. 1996, c. 367, is amended by adding the following subsection:
(1.1) Subsection (1) (a) does not apply in relation to the treaty lands of a treaty first nation described in section 66.2 (1.1) (b).
144 Section 26 is amended by adding the following subsection:
(1.1) If a municipality has entered into an agreement referred to in section 66.2 (1.1) (b) with a treaty first nation, for the duration of the agreement, the reference in subsection (1) of this section to "municipality" must be read as including the treaty lands of the treaty first nation.
145 Section 27 is amended by adding the following subsection:
(1.1) If a municipality has entered into an agreement referred to in section 66.2 (1.1) (b) with a treaty first nation, for the duration of the agreement, the reference in subsection (1) of this section to "municipality" must be read as including the treaty lands of the treaty first nation.
146 Section 66.2 (1) is amended
(a) in the definition of "contributing area" by adding the following paragraph:
(a.1) treaty lands, ,
(b) in paragraph (b) of the definition of "owner" by striking out "with respect to real property in a rural area," and substituting "with respect to real property in the treaty lands of a taxing treaty first nation or another rural area,",
(c) by repealing the definition of "police taxes" and substituting the following:
"police taxes",
(a) in relation to contributing areas other than the treaty lands of a taxing treaty first nation, means taxes levied under this Part, and
(b) in relation to a contributing area that is the treaty lands of a taxing treaty first nation, means amounts requisitioned from it under this Part by notice under section 66.4 (1); , and
(d) by adding the following definition:
"taxing treaty first nation" has the same meaning as in the Treaty First Nation Taxation Act.
147 Section 66.2 is amended by adding the following subsections:
(1.1) Despite paragraph (a.1) of the definition of "contributing area", the treaty lands of a treaty first nation are not a contributing area if the treaty first nation provides funding for policing and law enforcement services within the treaty lands under an agreement under this section
(a) with the minister respecting funding for policing and law enforcement services provided within its treaty lands by the provincial police force, or
(b) approved by the minister, with a municipality that has a municipal police department, respecting funding for policing and law enforcement services provided within its treaty lands by that municipal police department.
(1.2) An agreement under subsection (1.1) must contain terms that the Lieutenant Governor in Council approves.
148 Section 66.21 (1) is repealed and the following substituted:
(1) The Province may
(a) levy a tax in the contributing areas that are not treaty lands of a taxing treaty first nation, and
(b) requisition amounts in the case of the treaty lands of a taxing treaty first nation
to raise revenue for the cost of providing policing and law enforcement services in all contributing areas.
149 Section 66.3 is amended
(a) in subsection (3) by striking out "and" at the end of paragraph (a) and by repealing paragraph (b) and substituting the following:
(b) determine the rates to be applied to the net taxable value of land and improvements in each contributing area that is not treaty lands of a taxing treaty first nation in order to recover from each of those contributing areas the amount apportioned to it under paragraph (a), and
(c) determine the rates that, if applied to the net taxable value of land and improvements in the treaty lands of a taxing treaty first nation, would generate the amount apportioned to it under paragraph (a). ,
(b) in subsection (6) by striking out "and" at the end of paragraph (a) and by repealing paragraph (b) and substituting the following:
(b) determine the rates to be applied to the net taxable value of land and improvements in each contributing area in the regional district that is not treaty lands of a taxing treaty first nation in order to recover from each of those contributing areas the amount apportioned to it under paragraph (a), and
(c) determine the rates that, if applied to the net taxable value of land and improvements in the treaty lands of a taxing treaty first nation, would generate the amount apportioned to it under paragraph (a). , and
(c) by adding the following subsection:
(7) A request under subsection (6) may relate only to contributing areas that are members of the regional district.
150 Section 66.4 is repealed and the following substituted:
66.4 (1) On or before May 10 of each year, the revenue minister must send to the collector of each municipality, and each taxing treaty first nation, that is a contributing area, a notice setting out
(a) the net taxable value of land and improvements in the municipality or treaty lands,
(b) the amount of police taxes apportioned to the municipality or taxing treaty first nation under section 66.3 (3) (a) or (6) (a), as applicable, and
(c) the rates determined for the municipality or treaty lands under section 66.3 (3) (b) or (6) (b), as applicable.
(2) On or before May 10 of each year, the revenue minister must send to the Surveyor of Taxes a notice setting out
(a) the net taxable value of land and improvements in
(i) treaty lands, except treaty lands of taxing treaty first nations,
(ii) each electoral area in the Province, and
(iii) the area of the Province outside a regional district,
(b) the amount of police taxes apportioned under section 66.3 (3) (a) or (6) (a), as applicable, to
(i) treaty lands, except the treaty lands of taxing treaty first nations,
(ii) each electoral area in the Province, and
(iii) the area of the Province outside a regional district, and
(c) the rates determined under section 66.3 (3) (b) or (6) (b), as applicable, for
(i) treaty lands, except the treaty lands of taxing treaty first nations,
(ii) each electoral area in the Province, and
(iii) the area of the Province outside a regional district.
151 Section 66.5 is amended by striking out "in a contributing area" and substituting "in a contributing area that is not treaty lands of a taxing treaty first nation".
152 The following section is added:
66.62 The amount specified in a notice received by a taxing treaty first nation under section 66.4 (1) as the amount of police taxes apportioned to the taxing treaty first nation is a debt due from the taxing treaty first nation to the government and must be paid to the finance minister on or before August 1 of the year in which the notice is sent.
153 Section 66.7 (3) is amended by striking out "in an electoral area or the area of the Province outside a regional district," and substituting "in treaty lands, except treaty lands of a taxing treaty first nation, an electoral area or the area of the Province outside a regional district,".
154 Section 66.71 is amended
(a) by repealing subsection (1) (a) and (b) and substituting the following:
(a) a municipality is required to pay to the finance minister under section 66.51 or a taxing treaty first nation is required to pay to the finance minister under section 66.62, and
(b) have not been paid as required under section 66.51 or 66.62, as applicable. ,
(b) in subsection (2) by striking out "A municipality" and substituting "A municipality or taxing treaty first nation",
(c) in subsections (4) and (5) by striking out "a municipality" and substituting "a municipality or taxing treaty first nation",
(d) in subsection (4) (a) by striking out "the municipality's" and substituting "the municipality's or taxing treaty first nation's", and
(e) in subsection (5) by striking out "the municipality" and substituting "the municipality or taxing treaty first nation".
Property Transfer Tax Act
155 The Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is amended by adding the following section:
2.2 (1) In this section, "tax treatment agreement" means an agreement among a treaty first nation, British Columbia and Canada that,
(a) under the chapter of the final agreement that sets out the agreement of the parties in relation to taxation, is required to come into effect on the date the final agreement comes into effect, and
(b) is tabled in the Legislative Assembly on or before the date settlement legislation in relation to the final agreement receives Third Reading,
and, for greater certainty, does not include amendments to the agreement made after the date the settlement legislation receives Third Reading.
(2) Despite section 2, a person is not subject to tax under this Act if, and to the extent and for the period that, a tax treatment agreement provides that the person is not subject to tax under this Act.
Real Estate Development Marketing Act
156 Section 1 of the Real Estate Development Marketing Act, S.B.C. 2004, c. 41, is amended in the definition of "approving authority"
(a) in paragraph (b) by striking out "excluding a municipality and Nisga'a Lands," and substituting "excluding municipalities, treaty lands and Nisga'a Lands,", and
(b) by adding the following paragraph:
(b.1) for treaty lands, the governing body of the treaty first nation; .
School Act
157 Section 3 (3) of the School Act, R.S.B.C. 1996, c. 412, is amended by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:
(c) is participating in a kindergarten to grade 12 program of studies provided by a treaty first nation under its own laws.
158 Section 86 is amended by adding the following subsection:
(3.3) A board may enter into an agreement with a treaty first nation with respect to the education of
(a) a treaty first nation member or constituent of the treaty first nation, or
(b) a student who is
(i) not a treaty first nation member or constituent of the treaty first nation, and
(ii) attending an educational institution operated by the treaty first nation under its own laws.
159 Section 168 is amended by adding the following subsection:
(6.1) At the request of an educational institution operated by a treaty first nation under its own laws, or of the treaty first nation, the minister may issue a British Columbia Certificate of Graduation to a student of the educational institution, if the minister is satisfied that the student has
(a) completed a program of studies at the grade 12 level at that educational institution, and
(b) achieved learning outcomes substantially similar to the learning outcomes necessary to meet the general requirements for graduation established by order of the minister.
160 Section 170.1 (2) is amended by adding the following paragraph:
(h) at the request of an educational institution operated by a treaty first nation under its own laws, or of the treaty first nation, a person participating in a kindergarten to grade 12 program of studies provided by the treaty first nation under its own laws.
Social Service Tax Act
161 Section 9 of the Social Service Tax Act, R.S.B.C. 1996, c. 431, is amended by adding the following subsection:
(3.2) If a person who received a refund of tax under section 82.11 (2) in relation to tangible personal property subsequently uses that property, or permits that property to be used, for a use other than that which would entitle the person to receive a refund of tax under that section, the person, at the time the property is so used, must pay tax on the purchase price or lease price, as the case may be, at the rate under this Act.
162 Section 19 (1) is amended by striking out "under section 9 (1), (1.1), (1.3) or (2), 11 (3) or 31 (1)," and substituting "under section 9 (1), (1.1), (1.3), (2) or (3.2), 11 (3) or 31 (1),".
163 The following section is added:
82.11 (1) In this section, "tax treatment agreement" means an agreement among a treaty first nation, British Columbia and Canada that,
(a) under the chapter of the final agreement that sets out the agreement of the parties in relation to taxation, is required to come into effect on the date the final agreement comes into effect, and
(b) is tabled in the Legislative Assembly on or before the date settlement legislation in relation to the final agreement receives Third Reading,
and, for greater certainty, does not include amendments to the agreement made after the date the settlement legislation receives Third Reading.
(2) On application, and on receipt of evidence establishing that a person is entitled under a tax treatment agreement to a refund of tax paid by the person under this Act, the commissioner must pay that refund from the consolidated revenue fund to that person.
Social Workers Act
164 Section 8 (1) (b) (iv) of the Social Workers Act, R.S.B.C. 1996, c. 432, is amended by striking out "a tribal council," and substituting "a tribal council, a treaty first nation,".
Strata Property Act
165 Section 70 (2) (a) of the Strata Property Act, S.B.C. 1998, c. 43, is amended by striking out "or" at the end of subparagraph (ii) and by adding the following subparagraph:
(iv) any applicable standard established by a treaty first nation in accordance with an agreement described in section 692 (5) of the Local Government Act, or .
166 Section 199 is amended in the definition of "leasehold landlord" by striking out "or another public authority" and substituting "a treaty first nation or another public authority".
167 Section 223 (2) is amended
(a) in paragraph (b) by striking out "and is not Nisga'a Lands," and substituting "and is neither Nisga'a Lands nor treaty lands of a treaty first nation,", and
(b) by striking out "or" at the end of paragraph (c), by adding ", or" at the end of paragraph (d) and by adding the following paragraph:
(e) the treaty first nation if the land is located within the treaty lands of that treaty first nation.
168 Section 226 (4) is amended by striking out "or Nisga'a Nation" and substituting ", Nisga'a Nation or treaty first nation".
169 Section 237 is amended
(a) in subsection (1) by striking out everything after "in accordance with" and substituting "the applicable municipal or regional district bylaws, Nisga'a Government laws or treaty first nation laws, relating to that parcel as a separate parcel.", and
(b) in subsection (2) by striking out "or Nisga'a Nation" and substituting ", Nisga'a Nation or treaty first nation".
170 Section 242 (1) is amended
(a) in paragraph (b) by striking out "and is not Nisga'a Lands," and substituting "and is neither Nisga'a Lands nor treaty lands of a treaty first nation,",
(b) in paragraph (c) by striking out "or",
(c) by adding ", or" at the end of paragraph (d), and
(d) by adding the following paragraph:
(e) the governing body of the treaty first nation if the land is located within the treaty lands of that treaty first nation.
171 Section 242 (5) (c) is repealed and the following substituted:
(b.1) the applicable laws of the treaty first nation;
(c) the British Columbia Building Code referred to in the Building Regulations of British Columbia, except in relation to a treaty first nation that has entered into an agreement described in section 692 (5) of the Local Government Act and only to the extent that the agreement authorizes different standards from the British Columbia Building Code.
172 Section 258 (4) (a) and (b) is amended by striking out "Nisga'a Government law or" and substituting "Nisga'a Government law, treaty first nation law or".
173 Sections 259 (3) (b) (ii) and 262 (3) (c) (ii) are amended by striking out "or applicable Nisga'a Government laws," and substituting ", Nisga'a Government laws or treaty first nation laws,".
174 Section 267 (d) is amended by striking out "or Nisga'a Government laws and" and substituting ", Nisga'a Government laws or treaty first nation laws and".
Taxation (Rural Area) Act
175 Section 39 of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended by adding the following subsection:
(8) This section does not apply in relation to the treaty lands of a treaty first nation if
(a) the treaty first nation enacts a law in accordance with its final agreement restricting alienation of those treaty lands, and
(b) the vesting of those treaty lands in the government is inconsistent with that law.
Teaching Profession Act
176 Section 25.1 of the Teaching Profession Act, R.S.B.C. 1996, c. 449, is amended
(a) in subsection (1) by adding the following definition:
"aboriginal educator" means a band, as defined in the Indian Act (Canada), that is operating an educational institution or a treaty first nation that is operating a school under its own laws; ,
(b) in subsection (1) by repealing the definition of "prospective employer" and substituting the following:
"prospective employer" means either of the following that is considering becoming an employer:
(a) a board;
(b) an authority. ,
(c) in subsection (3) by striking out "and a prospective employer of a member may inspect that list." and substituting "and a prospective employer or an aboriginal educator that is considering hiring a member may inspect that list.", and
(d) in subsection (4) by striking out "A prospective employer that inspects" and substituting "A prospective employer or an aboriginal educator that inspects".
177 Section 27.1 (1) is repealed and the following substituted:
(1) In this section, "student" means
(a) a student as defined in the School Act,
(b) a student as defined in the Independent School Act,
(c) a child registered under section 13 of the School Act, or
(d) a child participating in a kindergarten to grade 12 program of studies provided by a treaty first nation under its own laws.
Trespass Act
178 Section 3 of the Trespass Act, R.S.B.C. 1996, c. 462, is amended by adding the following subsection:
(4) This section does not apply on treaty lands.
Wills Variation Act
179 Section 1 of the Wills Variation Act, R.S.B.C. 1996, c. 490, is amended by repealing the definition of "cultural property".
180 Section 1.1 is amended
(a) in subsection (3) by striking out "to which subsection (2) applies" and substituting "described in subsection (1) or to which subsection (1) or (2) applies",
(b) in subsection (4) by striking out "to which subsection (1) applies" and substituting "described in subsection (1) or to which subsection (2) applies", and
(c) by adding the following subsection:
(5) In this section, "cultural property" has the same meaning as in paragraph 115 of the Nisga'a Government Chapter of the Nisga'a Final Agreement.
181 The following section is added:
1.2 (1) If the final agreement of a treaty first nation so provides, the treaty first nation may commence and may intervene in an action under this Act in respect of a will of a treaty first nation member of the treaty first nation if the will provides for the devolution of cultural property.
(2) If the final agreement of a treaty first nation so provides, in any judicial proceeding under this Act in which
(a) the validity or variation of a will of a treaty first nation member of the treaty first nation, or
(b) the devolution of cultural property of a treaty first nation member of the treaty first nation
is at issue, that treaty first nation has standing in the proceeding.
(3) In a proceeding described in subsection (1) or to which subsection (2) applies, the court must consider, among other matters, any evidence or representations in respect of the applicable treaty first nation's laws or customs dealing with the devolution of cultural property.
(4) The participation of a treaty first nation in a proceeding described in subsection (1) or to which subsection (2) applies must be in accordance with the applicable Rules of Court and does not affect the court's ability to control its process.
(5) In this section, "cultural property", in relation to a treaty first nation, has the same meaning as in the final agreement of the treaty first nation.
182 Section 3 is amended by adding the following subsection:
(1.2) An action in respect of the will of a treaty first nation member of a treaty first nation in relation to which section 1.2 (1) or (2) applies, other than an action commenced by the treaty first nation, must not be heard by the court at the instance of a party claiming the benefit of this Act unless a copy of the writ of summons has been served on that treaty first nation.
183 If section 6 of the Environmental Management Amendment Act, 2004, S.B.C. 2004, c. 18, comes into force before the date section 54 of this Act comes into force, section 54 of this Act is repealed.
184 If section 10 of the Greater Vancouver Transportation Authority Amendment Act, 2007, comes into force before the date section 70 of this Act comes into force, section 70 of this Act is repealed.
185 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
| Item | Column 1 Provisions of Act |
Column 2 Commencement |
| 1 | Anything not elsewhere covered by this table | The date of Royal Assent |
| 2 | Sections 1 to 182 | By regulation of the Lieutenant Governor in Council |
| 3 | Section 183 | On the date section 6 of the Environmental Management Amendment Act, 2004, S.B.C. 2004, c. 18, comes into force |
| 4 | Section 184 | On the date section 10 of the Greater Vancouver Transportation Authority Amendment Act, 2007 comes into force |