Summary

• The Province has introduced provincial treaty implementation legislation — the K’ómoks Treaty Act, 2026 — in the B.C. legislature as the first step in the provincial government’s ratification of the K’ómoks Treaty
• A result of long-standing and comprehensive negotiations, treaties address a wide range of interests and are an important part of advancing reconciliation and recognizing First Nations’ inherent rights, including self-determination
• The K’ómoks First Nation entered treaty negotiations in 1994 with the Government of Canada (Canada) and the Province of British Columbia
• Throughout the next steps of the ratification process, there will be further opportunities for regional and public engagement, as well as ongoing consultation with neighbouring First Nations

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The Province has introduced provincial treaty implementation legislation — the K’ómoks Treaty Act, 2026 — in the B.C. legislature as the first step in the provincial government’s ratification of the K’ómoks Treaty.

“Together with K’ómoks, this treaty will create opportunity, jobs, prosperity and certainty for our beautiful province,” said Premier David Eby. “This is a historic day for the K’ómoks people, for those who have worked long and hard to reach this moment. People are experiencing real benefits from treaties, based in mutual trust and shared goals, like healthy communities, new investments and prosperity, services that make life easier, and sustainable land, water and resource stewardship.”

The K’ómoks Treaty Act provides for the first step in provincial ratification of the K’ómoks Treaty. The act establishes the legal status of the K’ómoks Treaty, including statutory provisions necessary to implement the treaty and consequential amendments to other statutes. The bill will be debated and put to a vote by members of the B.C. legislature.

“Introducing this legislation alongside K’ómoks First Nation marks a major milestone in our government-to-government relationship, and in the B.C. treaty negotiations process,” said Spencer Chandra Herbert, Minister of Indigenous Relations and Reconciliation. “If fully ratified, the K’ómoks Treaty will bring stability and certainty through positive changes, a path to self-governance, recognition of rights, social and economic opportunities, all leading toward a prosperous and bright future for the K’ómoks people, and for everyone in the surrounding communities.”

Once introduced, debated and passed in the legislature, several provincial and federal steps must be undertaken to ratify and bring the treaty into force. The bill completes one of the two steps required for provincial ratification of the K’ómoks Treaty. The other step in provincial ratification is signing of the treaty, which must be done by K’ómoks, B.C. and Canada before the treaty is reviewed by the federal Parliament. If fully ratified by all parties, the K’ómoks Treaty will be one of the first comprehensive treaties to come into effect since the Tla’amin Treaty in 2016.

“This is an important milestone for K’ómoks First Nation,” said K’ómoks First Nation Elected Chief Councillor Nicole Rempel. “Our members have already shown strong support for this treaty, and we are confident in both the agreement and the process that has brought us here. The introduction of this legislation moves us closer to implementation — strengthening our governance, recognizing our rights, and creating long-term opportunities for our Nation and the region. We remain committed to moving forward with respect, collaboration and continued engagement.”

This treaty represents the significant shifts in the treaty negotiations process in B.C., including the finalization of the Recognition and Reconciliation of Rights Policy for Treaty Negotiations in 2019. These positive shifts reflect new collaborative approaches to negotiation that expedite and better address the needs and priorities of communities.

“This milestone marks meaningful progress for K’ómoks, built on years of collaboration and dialogue,” said Rebecca Alty, federal Minister of Crown-Indigenous Relations. “The treaty defines rights, supports stable governance, and provides a clear framework for advancing reconciliation and strengthening intergovernmental partnerships.”

Milestones in negotiating the K’ómoks Treaty

The K’ómoks First Nation entered treaty negotiations under the BC Treaty Commission process in 1994 with the Government of Canada and the Province of British Columbia. In 2012, negotiators reached an agreement-in-principle (AIP), establishing agreement on the substantive elements to be detailed in the completed treaty.

In the years since, K’ómoks, B.C. and Canada have engaged and informed K’ómoks members, people throughout the region, all levels of government and industry partners on the treaty. Engagement is an important aspect of treaty and reconciliation negotiations, and the ratification process.

On July 22, 2024, chief negotiators initialled the K’ómoks Treaty. Initialling marked an important milestone in the treaty journey as it signalled the conclusion of substantive negotiations. Initialling was subject to important caveats, including Canada and B.C. fulfilling their duty to consult other First Nations and the completion of a final legal and technical review of the treaty.

The legal and technical review of the treaty concluded in November 2024, resulting in the ratification version of the K’ómoks Treaty. Since then, minor change negotiations have been ongoing as outlined in the General Provisions Chapter of the K’ómoks Treaty. At the same time, Crown consultation with neighbouring First Nations has remained ongoing.

In the first step of ratification, eligible voters of the K’ómoks First Nation voted on whether to approve the treaty and a self-government constitution. On March 8, 2025, eligible voters voted 81% in favour of ratifying the K’ómoks Treaty, and 83% in favour of ratifying the self-government constitution.

Next steps in the treaty ratification process

There are several steps that need to be completed before the K’ómoks Treaty could come into effect:

• Current step: B.C. introduces legislation (the K’ómoks Treaty Act, 2026) to implement the treaty.
• The implementation legislation and the treaty itself are debated in the legislature by elected members of the legislature.
• The implementation legislation passes and is enacted
  • If the legislation passes and is enacted, the elements of the legislation that bring the treaty into effect will not be brought into force on royal assent, but rather by regulation at a later date.
• Once the legislation is enacted, the Minister of Indigenous Relations and Reconciliation will seek authority to sign the treaty.
• Canada will also seek authority to sign the treaty.
• All parties sign the treaty.
• Introduction and passage of federal implementation legislation.
• The Lieutenant Governor in Council passes a regulation to bring the remaining elements of the implementation legislation into force, which brings the treaty into effect (on the agreed-upon effective date).
• Ratification is fully complete once treaties are signed and both the provincial and federal implementation legislation is brought into force. This happens on the treaty’s effective date.
  • Once agreed to by all parties, the effective date is set by co-ordinated federal and provincial orders and typically occurs following a transition period after royal assent has been granted. This transition period allows all parties to be prepared for the treaty’s implementation.

The parties will conduct ongoing public engagement during this period, so everyone who is potentially affected by the treaty is kept informed.

For the treaty to be fully ratified and come into effect, Canada and B.C. will also need to have met their duty to consult with neighbouring First Nations. This process remains ongoing.

Quick Facts:

• K’ómoks territory spans north to Quadra Island up to the southern reaches of the Johnstone Strait, with the heart of K’ómoks territory located in the Comox Valley on central Vancouver Island’s east coast.
• K’ómoks Reserves, including their administration, and territory primarily surround the city of Courtenay.
• K’ómoks has 351 registered members, of whom 102 reside on reserve.
• K’ómoks has been working closely for many years with its partners in local government, neighbouring communities, and industry to develop regional economic opportunities and services, including working with the Comox Valley Regional District to secure $30 million for modern wastewater treatment in Royston and Union Bay, and joining a $35.9-million partnership with Western Forest Products.
• Following the introduction of provincial treaty implementation legislation, Canada and B.C. will be continuing consultations with neighbouring First Nations on overlapping land claims.

Learn More:

• For the latest information on the K’ómoks Treaty, including the full text of the treaty and appendices, visit: https://engage.gov.bc.ca/govtogetherbc/engagement/komoks-treaty/
• To learn more about K’ómoks First Nation, visit: https://komoks.ca/
• To learn more about the British Columbia Treaty Commission, visit: https://bctreaty.ca/
• To learn more about negotiations in progress across Canada, visit: https://www.rcaanc-cirnac.gc.ca/eng/1100100030285/1529354158736

Two backgrounders follow.