B.C. treaty negotiations process reaches historic milestone (flickr.com)

Media Contacts

Office of the Premier

Media Relations
Premier.Media@gov.bc.ca

Ministry of Indigenous Relations and Reconciliation

Media Relations
Art.Aronson@gov.bc.ca
250-893-2028

David Try, senior treaty negotiator

Kitselas First Nation
250-615-2616
sr.negotiator@kitselas.com

Backgrounders

Next steps in the treaty ratification process

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

  • B.C. introduces legislation (Kitselas Treaty Act, 2026) to implement the treaty (current step).
  • The implementation legislation and the treaty itself are debated in the legislature by elected members of the B.C. legislature.
  • The implementation legislation passes and is enacted.
  • Once the legislation passes and is enacted, the elements of the legislation that bring the treaty into effect will not be brought into force immediately on royal assent, but rather by regulation at a later date – the “effective date” of the treaty.
  • 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 to the treaty sign it.
  • Federal implementation legislation is introduced and passed.
  • 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 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 community and 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.

Treaty will provide certainty on the land base

Kitselas Treaty implementation legislation

The Kitselas Treaty Act consists of two distinct components – core provisions and consequential amendments:

  • the core provisions of the bill ratify and give the force of law to the treaty
  • consequential amendments make necessary changes to other provincial statutes to give effect to provisions of the treaty which apply to all modern treaties

About the Kitselas Treaty

If fully ratified, the Kitselas Treaty will:

  • lay out negotiated approaches to self-governance
  • describe how Kitselas rights will be exercised, ensuring that Aboriginal rights are recognized and not extinguished
  • clarify that the treaty does not affect or recognize the rights of neighbouring First Nations
  • confirm land parcels totalling approximately 382 square kilometres from Kitselas’ current Indian Reserves and Crown land, mostly comprised of former provincial Crown land, to be owned in fee simple and governed by Kitselas laws (there are a few parcels that Kitselas will own without governance authority)
  • address existing interests and tenures on treaty lands (interest holders have been engaged on the proposed approach to their tenure or interest)
  • provide funding associated with treaties (to be adjusted for inflation)
    • one-time capital transfer of approximately $110 million from Canada
    • one-time funding for commercial fisheries access, vessels and gear of approximately $9 million (not to be adjusted for inflation) from Canada
    • one-time fisheries implementation funding of approximately $200,000 from Canada
    • one-time infrastructure and economic development funding of approximately $20 million from B.C.
    • one-time implementation and self government start up funding of approximately $8.5 million from Canada
    • forestry fund payments of approximately $1.3 million from B.C.
    • approximately $7.9 million per year in ongoing funding from Canada to support the functions of self-government
    • Canada to provide approximately $500,000 in ongoing funding to support fisheries implementation activities
    • B.C. to provide annual interim funding of $400,000 to Kitselas governments for lands and resource-management functions and activities
  • allow public access on non-private treaty lands for hunting, fishing, hiking, skiing and other recreational use
  • describe opportunities for co-management of lands resources within Kitselas territory

The treaty clearly defines Kitselas First Nation’s ownership and management of mineral, forestry and other resources on treaty settlement lands. The treaty also defines Kitselas rights related to fishing, gathering and harvesting.

Modern treaties in B.C.

Treaties are constitutionally protected, a major reconciliation achievement and embody the dynamic, living relationship between a First Nation and the provincial and federal governments. They create predictability, foster partnerships and provide a framework for all people in B.C. to live together and to help build a better future for everyone.

The modern treaties refer to the four treaties (with eight First Nations) in B.C. that came into effect in the 21st century.

A result of long-standing and comprehensive negotiations, modern treaties address a wide range of interests and are an important part of advancing reconciliation and recognizing First Nations’ inherent rights, including self-determination. Treaties empower First Nations to step out of the Indian Act’s legislative control.

Treaties address a wide range of matters and subjects, which in turn benefits all people in British Columbia with increased certainty on things like:

  • ownership of lands under treaty and governance authorities over those lands
  • reconciliation of Crown and First Nations’ titles, jurisdictions, laws and legal systems
  • shared decision-making
  • economic benefits
  • resource revenue-sharing.

Alongside K’ómoks and Kitsumkalum First Nations, who are also currently in the treaty ratification process, Kitselas will join eight other modern Treaty Nations in B.C. once the Kitselas Treaty is fully ratified.

Modern treaties in B.C. include the following:

  • Nisg̱a’a Treaty – effective May 11, 2000
  • Tsawwassen Treaty – effective April 3, 2009
  • Maa-nulth Treaty – effective April 1, 2011
    • Includes five independent First Nation governments: Huu-ay-aht First Nations, Toquaht Nation, Uchucklesaht Tribe Government, Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations and Yuułuʔiłʔath Government (Ucluelet First Nation), all from the west coast of Vancouver Island
  • Tla’amin Treaty – "ʔaʔǰɩnxʷegəs (“A good relationship with someone”) – effective April 5, 2016