The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 2nd day of June, 2011
Ian D. Izard, Q.C., Law Clerk
HONOURABLE MARY POLAK
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:
WHEREAS the recognition and reconciliation of the prior presence of Aboriginal peoples and the assertion of sovereignty by the Crown is of significant social and economic importance to all British Columbians;
AND WHEREAS Canadian courts have stated that this reconciliation is best achieved through negotiation and agreement, rather than through litigation;
AND WHEREAS, in order to achieve this reconciliation, representatives of the Yale First Nation, Canada and British Columbia have negotiated the Yale First Nation Final Agreement in a process facilitated by the British Columbia Treaty Commission;
AND WHEREAS British Columbia is building a New Relationship with First Nations and working to close the social and economic gaps that exist between Aboriginal and non-Aboriginal people;
AND WHEREAS the Yale First Nation Final Agreement embodies the principles of this New Relationship, including mutual respect, recognition and reconciliation of Aboriginal rights and title;
AND WHEREAS the Yale First Nation Final Agreement requires that British Columbia enact legislation to give effect to the Yale First Nation Final Agreement;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 (1) In this Act, "Yale First Nation Final Agreement" means the Yale First Nation Final Agreement among the Yale First Nation, Her Majesty the Queen in right of Canada and Her Majesty the Queen in right of British Columbia set out in the Schedule, and includes
(a) that agreement as it is given effect by an Act of Canada, and
(b) amendments to that agreement made in accordance with it.
(2) Words and expressions used in this Act have the same meanings as they have in the Yale First Nation Final Agreement, unless the context requires otherwise.
2 The Yale First Nation Final Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.
3 (1) The Yale First Nation Final Agreement is approved, given effect and declared valid and has the force of law.
(2) Without limiting subsection (1), a person or body
(a) has the powers, rights, privileges and benefits conferred, and
(b) must perform the duties and is subject to the liabilities imposed
on the person or body by the Yale First Nation Final Agreement.
(3) Nothing in this Act that provides for a matter that is already provided for in the Yale First Nation Final Agreement in any way limits this section.
4 The Lieutenant Governor in Council may authorize a member of the Executive Council to sign the Yale First Nation Final Agreement.
5 The Yale First Nation Final Agreement is binding on, and can be relied on by, all persons.
6 (1) As set out in section 2.7.2 of Chapter 2 [General Provisions] of the Yale First Nation Final Agreement, the Yale First Nation Final Agreement prevails to the extent of an inconsistency with Provincial Law.
(2) As set out in section 2.7.3 of Chapter 2 of the Yale First Nation Final Agreement, Provincial Settlement Legislation prevails over other Provincial Law to the extent of a Conflict.
7 (1) In this section, "estate in fee simple" means the estate in fee simple within the meaning of the Yale First Nation Final Agreement.
(2) On the Effective Date, Yale First Nation owns the estate in fee simple in Yale First Nation Land.
8 (1) As provided in section 24.12.1 of Chapter 24 [Dispute Resolution] of the Yale First Nation Final Agreement, if, in any judicial or administrative proceeding, an issue arises in respect of
(a) the interpretation or validity of the Yale First Nation Final Agreement, or
(b) the validity or applicability of Settlement Legislation or a Yale First Nation Law,
the issue must not be decided until the party raising the issue has properly served notice on the Attorney General of British Columbia, the Attorney General of Canada and the Yale First Nation.
(2) The notice required under subsection (1) must
(a) describe the judicial or administrative proceeding in which the issue arises,
(b) state whether the issue arises in respect of the matters referred to in subsection (1) (a) or (b) or both,
(c) state the day on which the issue is to be argued,
(d) give particulars necessary to show the point to be argued, and
(e) be served at least 14 days before the day of argument unless the court or tribunal authorizes a shorter notice.
(3) As provided in section 24.12.2 of Chapter 24 of the Yale First Nation Final Agreement, in a judicial or administrative proceeding to which subsection (1) applies, the Attorney General of British Columbia, the Attorney General of Canada and the Yale First Nation may appear and participate in the proceeding as parties with the same rights as any other party to the proceeding.
9 (1) Despite sections 2 and 16 of the Agricultural Land Commission Act, on the Effective Date, agricultural land, as defined in the Agricultural Land Commission Act, that is within the Former Indian Reserves is excluded from the agricultural land reserve.
(2) Despite section 2 of the Agricultural Land Commission Act, on the Effective Date, the Provincial Agricultural Land Commission must amend the land reserve plan in accordance with subsection (1) of this section and provide notice to the Yale First Nation and the registrar of titles that the amendment has been made.
10 If, on the Effective Date, the letters patent of the Fraser Valley Regional Hospital District have not been amended to include and designate the treaty lands of Yale First Nation as a member of the district, those letters patent are deemed amended for that purpose.
11 The Lieutenant Governor in Council may authorize a member of the Executive Council to enter into, on behalf of Her Majesty the Queen in right of British Columbia, an agreement that is contemplated by the Yale First Nation Final Agreement.
12 (1) In this section, "tax treatment agreement" means the tax treatment agreement referred to in sections 21.6.1 and 21.6.2 of Chapter 21 [Taxation] of the Yale First Nation Final Agreement, which agreement
(a) is substantially in the form approved by the Lieutenant Governor in Council, and
(b) has been signed by the parties and published by the minister in the Gazette,
and includes an amendment to the tax treatment agreement made in accordance with the terms of the tax treatment agreement if the amending agreement setting out the amendment satisfies both paragraphs (a) and (b) of this subsection.
(2) The tax treatment agreement is given effect and declared valid and its provisions have the force of law during the period they are in effect.
(3) The minister charged with the administration of the Financial Administration Act is authorized to enter into the agreement referred to in sections 21.6.1 and 21.6.2 of Chapter 21 of the Yale First Nation Final Agreement, or an agreement amending the tax treatment agreement, and may sign the agreement or amending agreement before or after it has been approved by the Lieutenant Governor in Council.
(4) As provided in section 2.16.1 of Chapter 2 [General Provisions] of the Yale First Nation Final Agreement, the tax treatment agreement does not form part of the Yale First Nation Final Agreement and is not a treaty or land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982.
13 (1) In this section, "harvest agreement" means the Yale First Nation Harvest Agreement referred to in section 8.2.1 of Chapter 8 [Fisheries] of the Yale First Nation Final Agreement, substantially in the form published under subsection (4), and includes amendments to the harvest agreement from the time an amending agreement referred to in subsection (2), setting out the amendments, is published under subsection (4).
(2) The minister charged with the administration of the Fisheries Act is authorized to enter into the harvest agreement, and an agreement amending the harvest agreement in accordance with the terms of the harvest agreement, on behalf of Her Majesty the Queen in right of British Columbia.
(3) As provided in section 2.16.1 of Chapter 2 [General Provisions] of the Yale First Nation Final Agreement, the harvest agreement does not form part of the Yale First Nation Final Agreement and is not a treaty or land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982.
(4) The minister charged with the administration of this Act must publish the harvest agreement, and an amending agreement referred to in subsection (2), in the Gazette.
14 The minister charged with the administration of the Wildlife Act has the authority to issue and amend licences, permits or other documents in respect of the Yale First Nation Right to Harvest Fish for the purposes of and in accordance with sections 8.15.1 to 8.15.7 of Chapter 8 [Fisheries] of the Yale First Nation Final Agreement.
15 (1) In this section, "personal information" and "public body" have the same meanings as in the Freedom of Information and Protection of Privacy Act.
(2) A public body may collect personal information by a method authorized under the Yale First Nation Final Agreement.
16 The Municipal Finance Authority Act does not apply in relation to Yale First Nation Land.
17 (1) For the purposes of determining the eligibility of individuals for enrolment under the Yale First Nation Final Agreement, enrolling individuals under the Yale First Nation Final Agreement and ratifying that agreement by the Yale First Nation,
(a) Chapters 25 [Eligibility and Enrolment] and 26 [Ratification] of that agreement are conclusively deemed to have come into force on February 5, 2010 and are retroactive to the extent necessary to give them force and effect on and after that date,
(b) all things done that would have been validly done if Chapters 25 and 26 of the Yale First Nation Final Agreement had been in force on February 5, 2010 are conclusively deemed to have been validly done, and
(c) a person, committee or board is conclusively deemed to have had since February 5, 2010 the powers, privileges and immunities the person, committee or board would have had if Chapters 25 and 26 of the Yale First Nation Final Agreement had been in force on February 5, 2010.
(2) Each of the following bodies, despite the Personal Information Protection Act, is conclusively deemed to have had, on and after February 5, 2010, lawful authority to collect, use and disclose personal information as necessary for determining the eligibility of individuals for enrolment under the Yale First Nation Final Agreement, enrolling individuals under the Yale First Nation Final Agreement and ratifying that agreement by the Yale First Nation, all in accordance with the processes required by that agreement:
(a) the Enrolment Committee established under section 25.5.1 of Chapter 25 of the Yale First Nation Final Agreement;
(b) the Enrolment Appeal Board established under section 25.6.1 of Chapter 25 of the Yale First Nation Final Agreement;
(c) the Ratification Committee established under section 26.5.1 of Chapter 26 of the Yale First Nation Final Agreement.
(3) A body referred to in subsection (2) must comply with section 35 of the Personal Information Protection Act in relation to the personal information referred to in subsection (2) of this section as if the body were an organization as defined in that Act.
(4) This section must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
18 The Lieutenant Governor in Council may make the orders and regulations that the Lieutenant Governor in Council considers necessary or advisable for the purpose of carrying out any provision of the Yale First Nation Final Agreement.
19 (1) Despite this or any other Act, after consulting with the Yale Band or Yale First Nation, as the case may be, the Lieutenant Governor in Council may make regulations consistent with the Yale First Nation Final Agreement as follows:
(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in this Act or another Act affected by the Yale First Nation Final Agreement, an agreement contemplated by the Yale First Nation Final Agreement or this Act;
(b) making provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of more effectively bringing into operation the Yale First Nation Final Agreement, or an agreement contemplated by the Yale First Nation Final Agreement, in accordance with its terms, including, without limitation, provisions giving authority to a person or body, or restricting the authority of a person or body, in accordance with that agreement;
(c) making provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in bringing into effect the Yale First Nation Final Agreement, an agreement contemplated by the Yale First Nation Final Agreement, this Act or an Act affected by the Yale First Nation Final Agreement or other agreement, including, without limitation, provisions making an exception to or a modification of a provision in an Act or providing for the continued application of a previous enactment;
(d) resolving any errors, inconsistencies or ambiguities in this Act or another Act that arise in relation to the Yale First Nation Final Agreement or an agreement contemplated by the Yale First Nation Final Agreement.
(2) A regulation under subsection (1) may be made retroactive to a date not earlier than the Effective Date.
(3) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.
(4) A regulation under subsection (1) ceases to have effect at the end of the last day of the next session of the Legislative Assembly after the regulation is made.
(5) A regulation may not be made under subsection (1) if a regulation having the same effect has been made under that subsection.
(6) Regulations under subsection (1) may only be made
(a) in relation to a tax, for 2 years after the date on which the exemption from the tax for a Yale First Nation Member ends under section 21.5.1 a. or b. of Chapter 21 [Taxation] of the Yale First Nation Final Agreement, and
(b) in relation to any other matter, for 2 years after the Effective Date.
Assessment Act
20 Section 66 (3) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended by striking out "in each member municipality and the rural area in the district," and substituting "in each member municipality, the treaty lands of each taxing treaty first nation and the other rural area, in the district,".
Assessment Authority Act
21 Section 1 of the Assessment Authority Act, R.S.B.C. 1996, c. 21, is amended by repealing the definition of "tax treatment agreement".
22 Section 17 (2) (b) is repealed and the following substituted:
(b) specify the rates to be applied to the net taxable value of all land and improvements in the treaty lands of each taxing treaty first nation in order to calculate the amount of a requisition under section 20 (4.1).
23 Section 20 (4.1) is amended by striking out "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." and substituting "by applying the rates approved under section 17 (2) (b) for the taxing treaty first nation to the net taxable value of all land and improvements in the treaty lands of that taxing treaty first nation, and must include a statement of those rates."
Consumption Tax Rebate and Transition Act
24 Section 32 (1) of the Consumption Tax Rebate and Transition Act, S.B.C. 2010, c. 5, is repealed.
Final Agreement Consequential Amendments Act, 2007
25 Sections 97.1 (a), (b) and (d), 97.2 to 97.9, 99.1 and 99.2 of the Final Agreement Consequential Amendments Act, 2007, S.B.C. 2007, c. 36, are repealed.
Hospital District Act
26 Section 1 of the Hospital District Act, R.S.B.C. 1996, c. 202, is amended
(a) by adding the following definition:
"member treaty first nation", in relation to a regional hospital district, means a treaty first nation, the treaty lands of which are a member of the regional hospital district, and which treaty first nation
(a) is a member of the regional district that corresponds to the regional hospital district, or
(b) appoints a director for the purposes of section 8 (4); , and
(b) by repealing the definition of "tax treatment agreement".
27 Section 3 (1) is amended by adding the following paragraph:
(e.1) the boundaries of treaty lands to be a member; .
28 Section 4 (1) is amended by striking out "all the municipalities and electoral areas" and substituting "all the municipalities, electoral areas and treaty lands".
29 Section 8 (3) is amended by striking out "within the regional hospital district area." and substituting "within the regional hospital district area and member treaty first nations within the meaning of paragraph (a) of the definition of "member treaty first nation" in section 1."
30 Section 8 is amended by adding the following subsections:
(4) Despite subsections (1) to (3), if the final agreement of a treaty first nation provides
(a) that the treaty lands of the treaty first nation are a member of a regional hospital district before the treaty first nation becomes a member of a regional district, and
(b) for the appointment by the treaty first nation of a treaty first nation director to the board of the regional hospital district,
on and after the date the final agreement of the treaty first nation comes into effect until the date the treaty first nation becomes a member of a regional district, the board of the applicable regional hospital district includes a director appointed by that treaty first nation.
(5) A director appointed for the purposes of subsection (4) must be appointed by the treaty first nation from among the elected members of that treaty first nation's governing body.
(6) To be eligible for appointment for the purposes of subsection (4), a person must be qualified to hold office as a member of a local government in accordance with section 66 [who may hold elected office] of the Local Government Act.
(7) Before taking office, a person appointed for the purposes of subsection (4) must make an oath, by oath or solemn affirmation, and, for that purpose, section 210 [oath of office for board members] of the Local Government Act applies.
(8) Section 67 [disqualification of local government employees] of the Local Government Act does not apply in relation to a person appointed for the purposes of subsection (4) of this section.
31 Section 10 is amended by renumbering the section as section 10 (1) and by adding the following subsection:
(2) A director appointed for the purposes of section 8 (4) holds office in accordance with subsection (1) (b) of this section unless one of the following occurs during the director's tenure under that subsection:
(a) another director takes office in the original director's place;
(b) 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;
(c) the director's term of office as a member of the governing body of the treaty first nation ends;
(d) the director ceases to be qualified in accordance with section 8 (6);
(e) the treaty first nation becomes a member of a regional district the boundaries of which correspond, in whole or in part, to the boundaries of the hospital district.
32 Section 11 is amended
(a) by adding the following subsections:
(1.1) Unless alternate directors are provided for by letters patent under section 8 (2), a treaty first nation that is authorized to appoint a director for the purposes of section 8 (4) may appoint as an alternate director an elected member of its governing body who is qualified to hold office under section 8 (6) and (7), and the alternate director takes the place of and has the vote of the director appointed by the treaty first nation in the case of any necessary absence from a meeting of the board.
(1.2) Notice of the appointment of an alternate director under subsection (1.1) must be given to the secretary before the alternate director may vote on any matter before the board. ,
(b) in subsection (2) by striking out "member municipality" and substituting "member municipality or member treaty first nation" and by striking out "the council or the trustees may" and substituting "the council, trustees or governing body of the treaty first nation may", and
(c) in subsection (3) by striking out "by the council or the trustees" and by striking out "the council or trustees." and substituting "the council, trustees or governing body that appointed the director."
33 Section 20 (1) (c) is amended by striking out "or any hospital corporation," and substituting "or any hospital corporation, or any member treaty first nation," and by striking out "or hospital corporation" and substituting ", hospital corporation or member treaty first nation".
34 Section 24 is repealed and the following substituted:
24 (1) Except as otherwise specified in the letters patent, the secretary must apportion the amount required under the annual budget among the member municipalities, treaty lands of taxing treaty first nations and the other rural area in the district on the basis of the net taxable values of land or improvements in each for the current year determined by
(a) excluding property taxable for school purposes only by special Act, and
(b) applying a uniform rate to each class of property throughout the district.
(2) The amount apportioned under subsection (1) must be raised by sending requisitions in accordance with section 25.
(3) Except as otherwise specified in the letters patent, the amount apportioned under subsection (1) to member municipalities and the rural area of the district, excluding the treaty lands of taxing treaty first nations, must be raised by taxation at a uniform rate for each class of property throughout those municipalities and that rural area.
35 Section 25 is amended
(a) in subsection (1) by striking out everything after "send to" and substituting the following:
(a) each member municipality a requisition stating the amount required of that member municipality, and
(b) each taxing treaty first nation a requisition stating the amount required of that taxing treaty first nation and the rates applied to the net taxable value of land and improvements in the treaty lands or applicable portion of those treaty lands to determine that amount. ,
(b) by repealing subsections (2) and (3) and substituting the following:
(2) All amounts requisitioned under subsection (1) are a debt due by the member municipality or the taxing treaty first nation to the district, and the council of that member municipality or the governing body of that taxing treaty first nation must provide for that debt and must pay that debt to the board on or before August 1 in the current year.
(3) In the case of each member of the district that is not a city, district, town, village or treaty lands of a taxing treaty first nation, the secretary of the district must, after the information described in subsection (9) is made available, transmit to the minister responsible for the Financial Administration Act, on or before April 20, a requisition stating the amount required of that member, and a copy of the requisition must be sent to the trustees of the improvement district or the directors representing the other rural area in the district, or both, as the case may be. ,
(c) by repealing subsection (4) (b) and substituting the following:
(b) the uniform rates to be levied throughout the district to raise the amount referred to in paragraph (a), excluding amounts apportioned to a taxing treaty first nation;
(c) the rates that if applied to the net taxable value of land and improvements in the treaty lands, or applicable portion of those treaty lands, of a taxing treaty first nation would generate the amount requisitioned from the taxing treaty first nation under subsection (1). ,
(d) in subsection (5) by striking out "respective member municipalities" and substituting "respective member municipalities and the taxing treaty first nations in the regional district", and
(e) in subsection (9) by striking out "in each member municipality and the rural area in the district," and substituting "in each member municipality, the treaty lands of each taxing treaty first nation and the other rural area, in the district,".
36 Section 26 (2) is amended by striking out "All amounts requisitioned under section 25 must" and substituting "All amounts requisitioned under section 25, other than from a taxing treaty first nation, must".
37 Section 28.1 (1), (2), (5), (8) and (9) is amended by striking out "purposes of assessment and taxation under this Act" and substituting "purposes of determining the amount of a requisition under section 25 (1) (b) and the rates under section 25 (4) (c)".
38 Section 28.1 is amended
(a) in subsection (2) by striking out "of land" and substituting "of the treaty lands of a taxing treaty first nation", and
(b) in subsection (4) by striking out everything before paragraph (a) and substituting "The treaty lands of a taxing treaty first nation must be treated as if they were exempt for the purposes of determining the amount of a requisition under section 25 (1) (b) and the rates under section 25 (4) (c) if the lands are included in a timber lease or timber licence issued under an enactment of British Columbia or of Canada".
39 Section 29 is amended
(a) in subsection (1) by striking out "that is" and substituting "that" and by repealing paragraphs (a) and (b) and substituting the following:
(a) is not
(i) a municipality, or
(ii) the treaty lands of a taxing treaty first nation, or
(b) is an improvement district designated as a municipality for the purposes of this Act, , and
(b) in subsection (3) by striking out "in parts of districts not in a municipality," and substituting "in parts of districts that are not in a municipality or the treaty lands of a taxing treaty first nation,".
40 Section 51 (2) is amended by adding the following paragraph:
(p) despite section 9 (1), authorizing a member treaty first nation to participate in a vote under that section and establishing the number of votes, or the basis for determining the number of votes, to which the treaty first nation is entitled in such a vote.
Interpretation Act
41 Section 29.1 (1) of the Interpretation Act, R.S.B.C. 1996, c. 238, is amended
(a) in the definition of "treaty first nation child" by striking out ", as provided by the applicable final agreement,", and
(b) by adding the following definitions:
"tax treatment agreement" means a tax treatment agreement as defined in any settlement legislation;
"treaty first nation member", in relation to a treaty first nation, means an individual who is enrolled under the final agreement of the treaty first nation; .
42 Section 29.1 is amended
(a) in subsection (1) by striking out "aboriginal or first nation matters:" and substituting "treaty first nation matters:",
(b) in subsection (1) by repealing the definitions of "final agreement", "settlement legislation", "treaty first nation" and "treaty lands" and substituting the following:
"final agreement", except in references to the Nisga'a Final Agreement, means a treaty and land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982
(a) among a first nation, the Province and Canada, and
(b) negotiated by those parties in a process facilitated by the British Columbia Treaty Commission referred to in section 3 of the Treaty Commission Act,
which agreement is in effect, and, in relation to a specific treaty first nation, means the final agreement to which the treaty first nation is a party;
"settlement legislation" means an Act of the Province ratifying and giving the force of law to an agreement that, on coming into effect, will be a final agreement;
"treaty first nation", as the context requires, means
(a) a first nation that is a party to a final agreement, or
(b) the government, as constituted under the final agreement and constitution, of such a first nation;
"treaty lands", in relation to a treaty first nation, has the prescribed meaning. ,
(c) by repealing subsection (2), and
(d) by adding the following subsections:
(3) The Lieutenant Governor in Council may make regulations, consistent with the final agreement of a treaty first nation, defining "treaty lands" for a treaty first nation.
(4) A regulation under subsection (3) may define treaty lands by reference to provisions of a final agreement that permit additions to or subtractions from the treaty lands on the occurrence of events that are specified in those provisions and have not occurred as of the date the regulation is made.
Local Government Act
43 Section 795.12 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by adding the following subsections:
(4) If
(a) the final agreement of a treaty first nation provides that the treaty lands of the treaty first nation do not form part of any regional district or electoral area, and
(b) the boundaries of a regional district include those treaty lands,
the Lieutenant Governor in Council, by letters patent, may amend the boundaries of the regional district to exclude those treaty lands.
(5) If, on the effective date of a final agreement described in subsection (4) (a), letters patent of an affected regional district have not been issued under subsection (4) to exclude the treaty lands, the letters patent of the regional district are deemed amended to exclude those treaty lands.
Maa-nulth First Nations Final Agreement Act
44 Section 11 of the Maa-nulth First Nations Final Agreement Act, S.B.C. 2007, c. 43, is repealed and the following substituted:
11 (1) In this section, "tax treatment agreement" means the tax treatment agreement referred to in sections 19.6.1 and 19.6.2 of Chapter 19 [Taxation] of the Maa-nulth First Nations Final Agreement, which agreement
(a) is substantially in the form approved by the Lieutenant Governor in Council, and
(b) has been signed by the parties and published by the minister in the Gazette,
and includes an amendment to the tax treatment agreement made in accordance with the terms of the tax treatment agreement if the amending agreement setting out the amendment satisfies both paragraphs (a) and (b) of this subsection.
(2) The tax treatment agreement is given effect and declared valid and its provisions have the force of law during the period they are in effect.
(3) The minister charged with the administration of the Financial Administration Act is authorized to enter into the agreement referred to in sections 19.6.1 and 19.6.2 of Chapter 19 of the Maa-nulth First Nations Final Agreement, or an agreement amending the tax treatment agreement, and may sign the agreement or amending agreement before or after it has been approved by the Lieutenant Governor in Council.
(4) As provided in section 1.15.2 of Chapter 1 [General Provisions] of the Maa-nulth First Nations Final Agreement, the tax treatment agreement does not form part of the Maa-nulth First Nations Final Agreement and is not a treaty or land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982.
45 Section 12 is amended
(a) in subsection (1) by striking out "amendments referred to in subsection (2) from the time those amendments are published under subsection (4)." and substituting "amendments to the Harvest Agreement from the time an amending agreement referred to in subsection (2), setting out the amendments, is published under subsection (4)." ,
(b) in subsection (2) by striking out "and amendments to that agreement made in accordance with its terms," and substituting "and an agreement amending the harvest agreement in accordance with the terms of the Harvest Agreement,", and
(c) in subsection (4) by striking out ", and amendments" and substituting "and an amending agreement".
46 Section 13.1 (3) is amended by striking out "subsection (2)" and substituting "subsection (1)".
47 The following section is added:
18.1 Despite section 18 (4) of this Act, section 5 of the Maa-nulth First Nations Final Agreement Interim Regulation, B.C. Reg. 55/2011, is confirmed and validated and has continuing effect on and after April 1, 2011.
Marriage Act
48 Section 1 of the Marriage Act, R.S.B.C. 1996, c. 282, is amended by adding the following definition:
"treaty first nation designate" means a person designated by a treaty first nation under a law described in section 7 (3) (c); .
49 Section 7 is amended
(a) in subsection (3) by striking out "is at the time a" and substituting "is at that time" and by repealing paragraphs (a) and (b) and substituting the following:
(a) a religious representative registered under this Act as authorized to solemnize marriage,
(b) a marriage commissioner acting under this Act, or
(c) a treaty first nation member designated under the laws of the treaty first nation to solemnize marriages, which laws are authorized by that treaty first nation's final agreement. , and
(b) by adding the following subsection:
(4) A treaty first nation designate has and may exercise authority to solemnize marriage between any 2 persons only if
(a) at least one of the persons is a member of the treaty first nation of which the designate is a member, and
(b) neither person is under a legal disqualification to contract marriage.
50 Section 8 is amended by striking out "A religious representative may" and substituting "A religious representative or a treaty first nation designate may".
51 The following section is added:
14.1 Nothing in this Act is to be construed as in any way preventing a treaty first nation from solemnizing, according to the rites and ceremonies of the treaty first nation culture, a marriage between any 2 persons, neither of whom is under any legal disqualification to contract marriage and either or both of whom are members of the treaty first nation, if
(a) the final agreement of the treaty first nation so provides, and
(b) the final agreement of the treaty first nation authorizes the treaty first nation to make laws in relation to the marriage rites and ceremonies of the treaty first nation's culture.
52 Section 21 is amended by renumbering the section as section 21 (1) and by adding the following subsection:
(2) If parties married by a treaty first nation designate desire a religious ceremony in addition, the treaty first nation designate's certificate containing a copy of the registration of the marriage of the parties made under section 25 is sufficient evidence to any qualified religious representative that he or she is authorized to solemnize marriage between the parties.
53 Section 22 is amended by adding the following subsection:
(1.2) A treaty first nation designate must not solemnize a marriage between 2 parties who have previously been married to, and are not divorced from, each other in accordance with the laws of any country, state or province unless an order is issued under subsection (2) in respect of the parties.
54 Section 23 is amended by adding the following subsection:
(3) This section does not apply in respect of an issuer of marriage licences appointed under section 31 (2).
55 Section 25 is amended
(a) by repealing subsection (1) and substituting the following:
(1) When a religious representative, marriage commissioner or treaty first nation designate solemnizes a marriage, he or she must register the marriage by entering a memorandum of it in a book kept under this section for that purpose by
(a) him or her,
(b) the religious body to which the religious representative belongs, or
(c) the treaty first nation of which the treaty first nation designate is a treaty first nation member. , and
(b) in subsection (2) (c) by striking out "or the marriage commissioner who" and substituting ", marriage commissioner or treaty first nation designate who".
56 Section 26 is amended by striking out "A religious representative and a marriage commissioner by whom" and substituting "A religious representative, marriage commissioner or treaty first nation designate by whom".
57 Section 31 is amended by renumbering the section as section 31 (1) and by adding the following subsection:
(2) Without limiting subsection (1), if the final agreement of a treaty first nation contemplates the appointment of the treaty first nation as an issuer of marriage licences, the minister may appoint for the purposes of the solemnization of marriage under a law of the treaty first nation a person nominated by that treaty first nation to be an issuer of marriage licences on its behalf.
58 Sections 34 and 35 are amended by striking out "or marriage commissioner" and substituting ", marriage commissioner or treaty first nation designate".
59 The following section is added:
35.1 If under section 31 the minister appoints a nominee of a treaty first nation as an issuer of marriage licences,
(a) no fee is payable under this Act in respect of marriage licences issued by the nominee, and
(b) section 33 does not apply in respect of that nominee.
Mineral Land Tax Act
60 Section 3.2 (1) of the Mineral Land Tax Act, R.S.B.C. 1996, c. 290, is repealed.
Mineral Tax Act
61 Section 2.11 (1) of the Mineral Tax Act, R.S.B.C. 1996, c. 291, is repealed.
Motor Fuel Tax Act
62 Section 20.101 (1) of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is repealed.
Petroleum and Natural Gas Act
63 Section 80.2 (1) of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is repealed.
Property Transfer Tax Act
64 Section 2.2 (1) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is repealed.
South Coast British Columbia Transportation Authority Act
65 Section 1 (1) of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is amended by repealing the definition of "tax treatment agreement".
Treaty First Nation Taxation Act
66 Section 1 of the Treaty First Nation Taxation Act, S.B.C. 2007, c. 38, is amended
(a) by repealing paragraph (b) (i) of the definition of "Real Property Tax Co-ordination Agreement" and substituting the following:
(i) the treaty first nation's authority to apply real property taxation laws of the treaty first nation to persons other than its treaty first nation members or treaty first nation constituents, as applicable under the treaty first nation's final agreement, and ,
(b) by repealing the definition of "tax treatment agreement",
(c) by repealing paragraph (a) of the definition of "taxing treaty first nation" and substituting the following:
(a) is a party to a Real Property Tax Co-ordination Agreement, and , and
(d) in paragraph (b) of the definition of "taxing treaty first nation" by striking out "section 2 (1) or (2)" and substituting "section 2 (3) or (5)".
67 Section 2 is repealed and the following substituted:
2 (1) In this section:
"band" has the same meaning as in the Indian Act (Canada);
"first nation" has the same meaning as in the Treaty Commission Act;
"treaty and land claims agreement" means a treaty and land claims agreement, within the meaning of sections 25 and 35 of the Constitution Act, 1982, negotiated by a first nation, Canada and British Columbia in a process facilitated by the British Columbia Treaty Commission, established under section 3 of the Treaty Commission Act.
(2) A treaty first nation that has entered into a Real Property Tax Co-ordination Agreement may exercise its authority under the agreement to apply real property taxation laws of the treaty first nation to persons other than its treaty first nation members or treaty first nation constituents, as applicable under the treaty first nation's final agreement and Real Property Tax Co-ordination Agreement, only if
(a) the treaty first nation has given notice under subsection (3) or, if a first nation has negotiated a treaty and lands claim agreement that has not come into effect, the council of the band represented by that first nation has given notice under subsection (5), and
(b) the treaty first nation has enacted a law authorizing the imposition of property taxes on those persons for the taxation year.
(3) A treaty first nation that wishes to give notice for the purposes of subsection (2) must provide, on or before June 1 of the calendar year before the taxation year in which the treaty first nation intends to first exercise the authority described in subsection (2), to the minister charged with the administration of the Community Charter,
(a) written notice stating that it will be exercising that authority in the next and following taxation years, and
(b) a copy or a draft of the law referred to in subsection (2) (b).
(4) If a treaty first nation provides a draft law under subsection (3) (b), the treaty first nation must provide to the minister charged with the administration of the Community Charter a copy of the law within 60 days after its enactment.
(5) If
(a) the Legislature has enacted settlement legislation in respect of a treaty and land claims agreement to which a first nation is a party,
(b) the first nation has negotiated a Real Property Tax Co-ordination Agreement to come into effect on or before the date the treaty first nation intends to begin to apply property taxation laws of that treaty first nation to persons who are not its treaty first nation members or treaty first nation constituents, as applicable under the treaty first nation's final agreement and Real Property Tax Co-ordination Agreement,
(c) that treaty and land claims agreement provides that the individuals constituting the band council of the band represented by the first nation will form the first government of the treaty first nation, and
(d) the band council wishes to give notice for the purposes of subsection (2) and passes a resolution to that effect,
the band council of the band must provide, on or before June 1 of the calendar year before the taxation year in which the band council intends the treaty first nation to first exercise the authority described in subsection (2), to the minister charged with the administration of the Community Charter,
(e) written notice stating that the taxing treaty first nation will be exercising that authority in the next and following taxation years,
(f) a copy of the resolution referred to in paragraph (d), and
(g) a draft of the law referred to in subsection (2) (b).
(6) If a band council gives notice under subsection (5),
(a) the notice has the same effect as if it were given by the treaty first nation of which the band council forms the first government,
(b) the minister charged with the administration of the Community Charter is entitled to rely on the notice without proof of the signature or official character of the person giving the notice, and
(c) the treaty first nation must provide to that minister, within 60 days after its enactment, a copy of the law enacted by the treaty first nation, a draft of which was provided under subsection (5) (g).
68 Section 3 (1) (a) is amended by striking out "not its treaty first nation members" and substituting "not its treaty first nation members or treaty first nation constituents, as applicable under the treaty first nation's final agreement,".
Tsawwassen First Nation Final Agreement Act
69 Section 12 of the Tsawwassen First Nation Final Agreement Act, S.B.C. 2007, c. 39, is repealed and the following substituted:
12 (1) In this section, "tax treatment agreement" means the tax treatment agreement referred to in clauses 22 and 23 of Chapter 20 [Taxation] of the Tsawwassen First Nation Final Agreement, which agreement
(a) is substantially in the form approved by the Lieutenant Governor in Council, and
(b) has been signed by the parties and published by the minister in the Gazette,
and includes an amendment to the tax treatment agreement made in accordance with the terms of the tax treatment agreement if the amending agreement setting out the amendment satisfies both paragraphs (a) and (b) of this subsection.
(2) The tax treatment agreement is given effect and declared valid and its provisions have the force of law during the period they are in effect.
(3) The minister charged with the administration of the Financial Administration Act is authorized to enter into the agreement referred to in clauses 22 and 23 of Chapter 20 of the Tsawwassen First Nation Final Agreement, or an agreement amending the tax treatment agreement, and may sign the agreement or amending agreement before or after it has been approved by the Lieutenant Governor in Council.
(4) As provided in clause 58 of Chapter 2 [General Provisions] of the Tsawwassen First Nation Final Agreement, the tax treatment agreement does not form part of the Tsawwassen First Nation Final Agreement and is not a treaty or land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982.
70 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 3 | By regulation of the Lieutenant Governor in Council |
| 3 | Sections 5 to 10 | By regulation of the Lieutenant Governor in Council |
| 4 | Section 12 (1), (2) and (4) | By regulation of the Lieutenant Governor in Council |
| 5 | Section 13 (1), (3) and (4) | By regulation of the Lieutenant Governor in Council |
| 6 | Sections 14 to 16 | By regulation of the Lieutenant Governor in Council |
| 7 | Section 17 | February 5, 2010 |
| 8 | Sections 18 to 20 | By regulation of the Lieutenant Governor in Council |
| 9 | Sections 26 to 40 | By regulation of the Lieutenant Governor in Council |
| 10 | Sections 42 and 43 | By regulation of the Lieutenant Governor in Council |
| 11 | Sections 48 to 59 | By regulation of the Lieutenant Governor in Council |
| 12 | Section 69 | By regulation of the Lieutenant Governor in Council |
| 13 | Schedule except chapters 25 and 26 | By regulation of the Lieutenant Governor in Council |
| 14 | Schedule chapters 25 and 26 | February 5, 2010 |