The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE SPENCER CHANDRA HERBERT
MINISTER OF INDIGENOUS RELATIONS
AND RECONCILIATION
This Bill enacts the Kitselas Treaty Act and makes related amendments in satisfaction of British Columbia's obligation under the Kitselas Treaty to enact treaty implementation legislation giving effect to and ratifying that treaty.
WHEREAS the recognition of the prior presence of Aboriginal peoples, and the reconciliation of that prior presence with the assertion of sovereignty by the Crown, are 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 Kitselas, Canada and British Columbia have negotiated the Kitselas Treaty in a process facilitated by the British Columbia Treaty Commission;
AND WHEREAS treaty relationships with First Nations are key components of British Columbia's work to close the social and economic gaps between Aboriginal and non‑Aboriginal people;
AND WHEREAS the Kitselas Treaty advances the objectives of the United Nations Declaration on the Rights of Indigenous Peoples;
AND WHEREAS the Kitselas Treaty requires that British Columbia legislation be enacted and brought into force to give effect to the Kitselas Treaty;
THEREFORE HIS 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:
"finance minister" means the member of the Executive Council responsible for the administration of the Financial Administration Act;
"Kitselas Treaty" means
(a) the Kitselas Treaty: A Living Agreement among Kitselas, His Majesty the King in right of Canada and His Majesty the King in right of British Columbia,
(b) amendments to the treaty made in accordance with it, and
(c) changes to the treaty agreed to under paragraphs 99 and 100 of Chapter 1 [General Provisions] of the treaty;
"minister" means the member of the Executive Council responsible for the administration of this Act.
(2) Words and expressions used in this Act have the same meanings as they have in the Kitselas Treaty, unless the context requires otherwise.
2 The Kitselas Treaty is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.
3 (1) The Kitselas Treaty 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 on the person or body by the Kitselas Treaty, and
(b) must perform the duties and is subject to the liabilities imposed on the person or body by the Kitselas Treaty.
(3) Nothing in this Act that provides for a matter that is already provided for in the Kitselas Treaty in any way limits this section.
4 The Lieutenant Governor in Council may authorize a member of the Executive Council to sign the Kitselas Treaty.
5 The Kitselas Treaty is binding on, and can be relied on by, all persons.
6 (1) As provided in paragraph 15 of Chapter 1 [General Provisions] of the Kitselas Treaty, the Kitselas Treaty prevails to the extent of an inconsistency or a Conflict with Provincial Law.
(2) As provided in paragraph 17 of Chapter 1 of the Kitselas Treaty, Provincial Treaty Implementation Legislation prevails to the extent of an inconsistency or a Conflict with other Provincial Law.
7 As provided in Chapter 3 [Kitselas Lands] of the Kitselas Treaty, on the Effective Date, Kitselas owns Kitselas Lands in fee simple, within the meaning of the Kitselas Treaty, other than Former Private Fee Simple Lands that are owned in fee simple by a registered owner other than Kitselas.
8 (1) As provided in paragraph 109 of Chapter 1 [General Provisions] of the Kitselas Treaty, if, in any judicial or administrative proceeding, an issue arises in relation to
(a) the interpretation or validity of the Kitselas Treaty, or
(b) the validity, applicability or operability of Provincial Treaty Implementation Legislation or a Kitselas 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 Kitselas.
(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 relation to 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 paragraph 110 of Chapter 1 of the Kitselas Treaty, in a judicial or administrative proceeding to which subsection (1) applies, the Attorney General of British Columbia, the Attorney General of Canada and Kitselas may appear and participate in the proceeding as parties with the same rights as any other party to the proceeding.
9 (1) Despite section 2 of the Agricultural Land Commission Act, that Act does not apply in relation to Kitselas Lands.
(2) Despite sections 2 and 17.1 of the Agricultural Land Commission Act, on the Effective Date, the Provincial Agricultural Land Commission established under that Act must
(a) amend the boundaries of the agricultural land reserve to exclude Kitselas Lands from the agricultural land reserve, and
(b) provide notice to Kitselas and the Registrar of Titles that the amendment has been made.
10 If, on the Effective Date, the letters patent for the North West Regional Hospital District have not been amended to include and designate Kitselas Lands 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 His Majesty the King in right of British Columbia, an agreement that is contemplated by the Kitselas Treaty.
12 (1) In this section, "tax treatment agreement" means
(a) the tax treatment agreement required under paragraph 21 of Chapter 24 [Tax] of the Kitselas Treaty, which agreement
(i) is substantially in the form approved by the Lieutenant Governor in Council, and
(ii) has been signed by the Parties and published by the finance minister in the Gazette, and
(b) an amendment to the tax treatment agreement made in accordance with the terms of the tax treatment agreement if the agreement amending the tax treatment agreement satisfies paragraph (a) (i) and (ii) of this definition.
(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 finance minister is authorized to enter into the agreement required under paragraph 21 of Chapter 24 of the Kitselas Treaty, or an agreement amending that 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 paragraph 79 of Chapter 1 [General Provisions] of the Kitselas Treaty, the tax treatment agreement does not form part of the Kitselas Treaty and is not a treaty or land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.
13 The member of the Executive Council responsible for the administration of the Wildlife Act may issue and amend licences, permits or other documents in relation to the Kitselas Fishing Right for the purposes of and in accordance with paragraphs 97 to 104 of Chapter 21 [Fish] of the Kitselas Treaty.
14 In this section and sections 15 and 16:
"allowable annual cut" has the same meaning as in the Forest Act;
"area-based licence" has the same meaning as in the Forest Act;
"compensation" includes damages;
"Crown land" has the same meaning as in the Forest Act;
"deletion for a non-timber production purpose" has the same meaning as in the Forest Act;
"forest licence" means a forest licence within the meaning of the Forest Act;
"licence area" has the same meaning as in the Forest Act;
"private land" has the same meaning as in the Forest Act;
"protected forest area" means
(a) the area of Crown land that overlaps Kitselas Lands other than the following:
(i) Kitselas Lands within the community forest agreement area of the TCF community forest agreement;
(ii) the licence area of woodlot licence W0144;
(iii) a conservancy established or continued under the Protected Areas of British Columbia Act, and
(b) the Safe Landing Lands;
"road permit" means a road permit within the meaning of the Forest Act;
"Safe Landing Lands" means the area identified as Kitselas Coastal Site Lands on Map 1 in Appendix D Part 2 of the Kitselas Treaty;
"special purpose area" has the same meaning as in the Forest Act;
"TCF community forest agreement" means the community forest agreement held by the Terrace Community Forest Limited Partnership.
15 (1) Subject to subsection (2), Part 15 of the Forest Act applies in relation to the protected forest area as if
(a) effective September 19, 2026, the protected forest area were designated as a special purpose area, and
(b) the cancellation date of the designation were the Effective Date.
(2) The application of Part 15 of the Forest Act under subsection (1) is subject to the following:
(a) despite section 185 (2) of the Forest Act, the matters set out in section 185 (1) of that Act must be specified and determined on or before February 19, 2027;
(b) no extension may be granted under section 187 (4) of the Forest Act;
(c) no order may be made under section 190 of the Forest Act;
(d) despite section 199 (2) of the Forest Act, the matters set out in section 199 (1) of that Act must be specified and determined on or before February 19, 2027.
(3) If, under Part 15 of the Forest Act as it applies under subsections (1) and (2), the holder of an agreement referred to in section 12 of the Forest Act is affected by any of the following, section 79 of the Forest Act applies to the holder:
(a) the cancellation of the agreement;
(b) the suspension of rights under the agreement;
(c) if the agreement is a road permit, the cancellation of rights under the road permit.
(4) If, under Part 15 of the Forest Act as it applies under subsections (1) and (2), any of the following circumstances arise, Part 16 of the Forest Act applies for the purpose of determining and providing the compensation, if any, to which the holder of an agreement referred to in section 12 of the Forest Act is entitled or eligible:
(a) the allowable annual cut for the licence area of an area-based licence is reduced as a result of a deletion;
(b) the allowable annual cut of a forest licence is reduced;
(c) rights under a road permit are cancelled.
(5) Part 16 of the Forest Act is to be applied under subsection (4) as if a deletion referred to in subsection (4) (a) or a reduction referred to in subsection (4) (b) were for a non-timber production purpose.
16 (1) On the Effective Date,
(a) all rights to harvest timber in Kitselas Lands or the Safe Landing Lands under an agreement referred to in section 12 of the Forest Act, other than the TCF community forest agreement, are cancelled,
(b) an agreement referred to in section 12 of the Forest Act is deemed amended to reflect the cancellation, and
(c) the TCF community forest agreement is deemed amended so that Kitselas Lands overlapping the community forest agreement area are included in the community forest agreement area as private land.
(2) If Kitselas Lands or the Safe Landing Lands overlap the area to which a road permit applies,
(a) on the Effective Date, the rights under the road permit are cancelled insofar as the road permit applies to those lands, and
(b) the road permit is deemed amended to reflect the cancellation.
(3) If the holder of an agreement referred to in section 12 of the Forest Act is affected by the cancellation of harvesting rights under subsection (1) (a) of this section or by the cancellation of rights under a road permit under subsection (2) of this section,
(a) section 79 of the Forest Act applies to the holder as if the cancellation were, in relation to the area to which the cancellation applies, an expiry, surrender or cancellation of the agreement under the Forest Act, and
(b) for the purposes of paragraph (a), a reference to Crown land in section 79 of the Forest Act is to be read as a reference to Kitselas Lands or the Safe Landing Lands, as applicable.
(4) Sections 185, 187 and 188 of the Forest Act apply in relation to the licence area of woodlot licence W0144 as if, effective on the Effective Date, the licence area were designated as a special purpose area except that, despite section 185 (2) of the Forest Act, the matters set out in subsection (1) of that section must be specified and determined within 4 months after the Effective Date.
(5) Part 16 of the Forest Act applies for the purposes of determining and providing the compensation, if any, to which the holder of woodlot licence W0144 is entitled for or in relation to the cancellation of the licence under subsection (1) (a) as if
(a) on the Effective Date, Kitselas Lands were designated as a special purpose area,
(b) the allowable annual cut of the licence were reduced as a result of a deletion for a non-timber production purpose, and
(c) the remaining term of the licence were the period that
(i) starts on the Effective Date, and
(ii) ends on the expiry date of the term of the licence as at the Effective Date.
(6) No compensation is payable for or in relation to the cancellation, under subsection (1) (a) of this section, of harvesting rights under a licence or permit issued under section 209 (2) of the Forest Act as it applies under section 15 (1) and (2) of this Act.
(7) No compensation is payable for or in relation to the deemed amendment of the TCF community forest agreement under subsection (1) (c), and the inclusion of Kitselas Lands in the community forest agreement area as private land does not constitute an expropriation under the Expropriation Act.
(8) Subject to subsection (9), Part 16 of the Forest Act applies for the purposes of determining and providing the compensation, if any, for which the holder of a road permit is eligible for or in relation to the cancellation of rights under a road permit under subsection (2) as if
(a) on the Effective Date, Kitselas Lands and the Safe Landing Lands were designated as a special purpose area, and
(b) the rights were cancelled under section 213 of the Forest Act.
(9) No compensation is payable under Part 16 of the Forest Act, as it applies under subsection (8), to the holder of woodlot licence W0144 or the TCF community forest agreement for or in relation to the cancellation of rights under a road permit insofar as the road permit applies to the licence area of woodlot licence W0144 or the TCF community forest agreement.
17 (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 Kitselas Treaty.
18 The Municipal Finance Authority Act does not apply in relation to Kitselas Lands.
19 (1) In this section and section 20, "legislation website" means
(a) if a website is not designated by regulation, the website maintained by the King's Printer at www.bclaws.gov.bc.ca/treaties, or
(b) a website designated by regulation under subsection (4).
(2) The minister must provide a copy of the Kitselas Treaty, in Portable Document Format (PDF), to the King's Printer for publication on the legislation website.
(3) The King's Printer must do the following:
(a) as soon as practicable after receiving a copy of the Kitselas Treaty from the minister, publish the copy on the legislation website;
(b) maintain the copy on the legislation website.
(4) The Lieutenant Governor in Council may, by regulation, designate a website maintained by the King's Printer as the legislation website.
20 (1) Judicial notice must be taken of the Kitselas Treaty.
(2) A document purporting to be a true copy of the Kitselas Treaty accessed from the legislation website must be admitted in evidence as proof of the treaty and its contents.
(3) A document is presumed to be accessed from the legislation website if the document is submitted with an oral or written statement indicating that it was accessed from the legislation website.
21 (1) For the purposes of determining the eligibility of individuals for enrolment under the Kitselas Treaty, enrolling individuals under the Kitselas Treaty and the ratification of the treaty by Kitselas,
(a) Chapters 26 [Eligibility and Enrolment] and 27 [Ratification] of the Kitselas Treaty are conclusively deemed to have come into force on April 8, 2024 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 26 and 27 of the Kitselas Treaty had been in force on April 8, 2024 are conclusively deemed to have been validly done, and
(c) a person, committee or board is conclusively deemed to have had since April 8, 2024 the powers, privileges and immunities the person, committee or board would have had if Chapters 26 and 27 of the Kitselas Treaty had been in force on April 8, 2024.
(2) Each of the following bodies, despite the Personal Information Protection Act, is conclusively deemed to have had, on and after April 8, 2024, lawful authority to collect, use and disclose personal information as necessary for determining the eligibility of individuals for enrolment under the Kitselas Treaty, enrolling individuals under the Kitselas Treaty and the ratification of the treaty by Kitselas, all in accordance with the processes required by the treaty:
(a) the Enrolment Committee established under paragraph 18 of Chapter 26 of the Kitselas Treaty;
(b) the Enrolment Appeal Board established under paragraph 26 of Chapter 26 of the Kitselas Treaty;
(c) the Ratification Committee established under paragraph 5 of Chapter 27 of the Kitselas Treaty.
(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.
22 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 Kitselas Treaty.
23 (1) Despite this or any other Act but subject to this section, the Lieutenant Governor in Council may make regulations consistent with the Kitselas Treaty as follows:
(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in
(i) this Act, or
(ii) another Act affected by
(A) the Kitselas Treaty,
(B) an agreement contemplated by the Kitselas Treaty, or
(C) this Act;
(b) making provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of more effectively bringing into operation the Kitselas Treaty, or an agreement contemplated by the Kitselas Treaty, in accordance with the terms of the Kitselas Treaty or the agreement, as applicable, including, without limitation, provisions giving authority to a person or body, or restricting the authority of a person or body, in accordance with the Kitselas Treaty or the 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
(i) the Kitselas Treaty,
(ii) an agreement contemplated by the Kitselas Treaty,
(iii) this Act, or
(iv) another Act affected by
(A) the Kitselas Treaty,
(B) an agreement contemplated by the Kitselas Treaty, or
(C) this Act,
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 Kitselas Treaty or an agreement contemplated by the Kitselas Treaty.
(2) A regulation under subsection (1) may be made only on the recommendation of the minister after the minister has consulted with the Kitselas Band or Kitselas, as applicable.
(3) A regulation under subsection (1) may be made retroactive to a date not earlier than the Effective Date.
(4) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.
(5) 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.
(6) A regulation may not be made under subsection (1) if a regulation having the same effect has been made under that subsection.
(7) Regulations under subsection (1) may only be made for 2 years after the Effective Date.
Protected Areas of British Columbia Act
24 Schedule C of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended in the description of Kleanza Creek Park by adding "; except Kitselas Lands within the meaning of the Kitselas Treaty Act" after "Plan 14 Tube 2011" and by striking out "approximately 220 hectares" and substituting "approximately 192 hectares".
25 Schedule E is amended
(a) by repealing the description of Ecstall‑Spoksuut Conservancy and substituting the following:
All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 5, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 7 Tube 1971; except (1) Kitselas Lands within the meaning of the Kitselas Treaty Act; (2) that part below the natural boundary of the Skeena River commencing at the intersection of the natural boundary of the Skeena River and Kitselas Lands at UTM Zone 9 North 6000885 m +/- East 436365 m +/-; thence westerly in a straight line to the boundary of Ecstall-Spoksuut Conservancy at UTM Zone 9 North 6000894 m +/- East 435762 m +/-; thence northeasterly along the conservancy boundary to UTM Zone 9 North 6000981 m +/- East 435800 m +/-; thence easterly in a straight line to the intersection of the natural boundary of the Skeena River and Kitselas Lands at UTM Zone 9 North 6000974 m +/- East 436327 m +/-; thence southerly along the natural boundary of the Skeena River to the point of commencement; and (3) that part below the natural boundary of the Skeena River commencing at the intersection of the natural boundary of the Skeena River and Kitselas Lands at UTM Zone 9 North 6001089 m +/- East 436440 m +/-; thence northwesterly in a straight line to the boundary of Ecstall-Spoksuut Conservancy at UTM Zone 9 North 6001438 m +/- East 436050 m +/-; thence northeasterly along the conservancy boundary to UTM Zone 9 North 6001517 m +/- East 436134 m +/-; thence southeasterly in a straight line to the intersection of the natural boundary of the Skeena River and Kitselas Lands at UTM Zone 9 North 6001176 m +/- East 436511 m +/-; thence southwesterly along the natural boundary of the Skeena River to the point of commencement.
The whole conservancy containing approximately 10 084 hectares (9 682 hectares of upland and 402 hectares of foreshore). ,
(b) in the description of Gitxaała Nii Ðuutiksm/Kitkatla Conservancy by striking out "and (7) that part of Sub-Area C below the natural boundary of the sea" and substituting "(7) that part of Sub-Area C below the natural boundary of the sea; and (8) Kitselas Coastal Site Areas within the meaning of the Kitselas Treaty as defined in the Kitselas Treaty Act" and by striking out "29 539 hectares (13 821 hectares of upland and 15 718 hectares of foreshore)" and substituting "29 537 hectares (13 819 hectares of upland and 15 718 hectares of foreshore)", and
(c) in the description of Kennedy Island Conservancy by striking out "and (4) that part lying beyond a line drawn parallel to and 200 metres perpendicularly distant from the natural boundary of the sea" and substituting "(4) that part lying beyond a line drawn parallel to and 200 metres perpendicularly distant from the natural boundary of the sea; (5) Kitselas Coastal Site Areas within the meaning of the Kitselas Treaty as defined in the Kitselas Treaty Act; and (6) that part below the natural boundary of the sea commencing at the intersection of the natural boundary of the sea and Kitselas Coastal Site Areas at UTM Zone 9 North 5982532 m +/- East 422851 m +/-; thence following the natural boundary of the sea northeasterly to the intersection of the natural boundary of the sea and Kitselas Coastal Site Areas at UTM Zone 9 North 5982713 m +/- East 423044 m +/-; thence southeasterly in a straight line to the boundary of Kennedy Island Conservancy at UTM Zone 9 North 5982517 m +/- East 423233 m +/-; thence southwesterly along the conservancy boundary to UTM Zone 9 North 5982331 m +/- East 423085 m +/-; thence northwesterly in a straight line to the point of commencement" and by striking out "4 970 hectares (4 382 hectares of upland and 588 hectares of foreshore)" and substituting "4 961 hectares (4 380 hectares of upland and 581 hectares of foreshore)".
26 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 2 and 3 | By regulation of the Lieutenant Governor in Council |
| 3 | Sections 5 to 11 | By regulation of the Lieutenant Governor in Council |
| 4 | Section 12 (1) and (2) | By regulation of the Lieutenant Governor in Council |
| 5 | Section 12 (4) | By regulation of the Lieutenant Governor in Council |
| 6 | Section 13 | By regulation of the Lieutenant Governor in Council |
| 7 | Sections 16 to 18 | By regulation of the Lieutenant Governor in Council |
| 8 | Sections 22 to 25 | By regulation of the Lieutenant Governor in Council |
This Bill enacts the Kitselas Treaty Act and makes related amendments in satisfaction of British Columbia's obligation under the Kitselas Treaty to enact treaty implementation legislation giving effect to and ratifying that treaty.