Maa-nulth First Nations Final Agreement

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CHAPTER 25 DISPUTE RESOLUTION

25.1.0 GENERAL

25.1.1 The Parties share the following objectives:

a. to cooperate with each other to develop harmonious working relationships;

b. to prevent, or, alternatively, to minimize Disagreements;

c. to identify Disagreements quickly and resolve them in the most expeditious and cost-effective manner possible; and

d. to resolve Disagreements in a non-adversarial, collaborative and informal atmosphere.

25.1.2 Subject to a determination as to which Parties are directly engaged in a Disagreement in accordance with 25.4.1 and Appendix Y-1, in this Chapter, and in Appendices Y-2 to Y-6, a Party is deemed to be directly engaged in a Disagreement if another Party, acting reasonably, provides that Party a notice requiring it to participate in a process described in this Chapter to resolve the Disagreement.

25.1.3 All Maa-nulth First Nations who are Participating Parties to a Disagreement will act as one party to the Disagreement.

25.1.4 Except as contemplated by 25.10.1 and 25.10.2, any agreement or resolution reached under Stage One, Stage Two or Stage Three in this Chapter or under Appendix Y-1, is binding on each Maa-nulth First Nation who is directly engaged in that Disagreement.

25.1.5 Except as otherwise provided, Participating Parties may agree to vary a procedural requirement contained in this Chapter, or in Appendix Y, as it applies to a particular Disagreement.

25.1.6 Participating Parties may agree to, and the Supreme Court of British Columbia, on application, may order:

a. the abridgement of a time limit in this Chapter or in Appendix Y; or

b. the extension of a time limit in this Chapter or in Appendix Y, despite the expiration of that time limit.

25.2.0 SCOPE: WHEN THIS CHAPTER APPLIES TO A DISAGREEMENT

25.2.1 This Chapter is not intended to apply to all conflicts or disputes between or among the Parties, but is limited to the conflicts or disputes described in 25.2.2.

25.2.2 This Chapter only applies to:

a. a conflict or dispute respecting:

i. the interpretation, application or implementation of this Agreement; or

ii. a breach or anticipated breach of this Agreement;

b. a conflict or dispute, where provided for in this Agreement; or

c. negotiations required to be conducted under any provision of this Agreement that provides that the Parties, or any of them, "will negotiate and attempt to reach agreement".

25.2.3 This Chapter does not apply to:

a. any agreement, plan, guideline or other document contemplated in this Agreement that is entered into, negotiated or prepared by the Parties unless the Parties have agreed that this Chapter applies to that agreement, plan, guideline or other document;

b. conflicts or disputes solely among Maa-nulth First Nations; or

c. conflicts or disputes, where excluded from this Chapter.

25.2.4 Nothing in this Chapter limits the application of a dispute resolution process under any Federal Law or Provincial Law to a conflict or dispute involving a person if that conflict or dispute is not a Disagreement.

25.2.5 Nothing in any Federal Law or Provincial Law limits the ability of a Party to refer a Disagreement to a process under this Chapter.

25.3.0 DISAGREEMENTS TO GO THROUGH STAGES

25.3.1 The Parties desire and expect that most Disagreements will be resolved by informal discussions between or among the Parties without the necessity of invoking this Chapter.

25.3.2 Except as otherwise provided in this Agreement, Disagreements not resolved informally will progress, following initial identification of the Parties, until resolved, through the following stages:

a. Stage One: formal, unassisted efforts to reach agreement between or among the Participating Parties, in collaborative negotiations in accordance with Appendix Y-2;

b. Stage Two: structured efforts to reach agreement between or among the Participating Parties with the assistance of a Neutral, who has no authority to resolve the Disagreement, in a facilitated process in accordance with Appendix Y-3, Y-4, or Y-5 as applicable; and

c. Stage Three: final adjudication in arbitral proceedings in accordance with Appendix Y-6, or in judicial proceedings.

25.3.3 Except as otherwise provided in this Agreement, no Party may refer a Disagreement to final adjudication in Stage Three without first proceeding through Stage One and a facilitated process in Stage Two as required in this Chapter.

25.3.4 Nothing in this Chapter prevents a Party from commencing arbitral or judicial proceedings at any time:

a. to prevent the loss of a right to commence proceedings due to the expiration of a limitation period; or

b. to obtain interlocutory or interim relief that is otherwise available pending resolution of the Disagreement under this Chapter.

25.4.0 IDENTIFICATION OF THE PARTIES TO THE DISAGREEMENT

25.4.1 If there is a dispute between or among the Parties as to whether a Party is directly engaged in a Disagreement, the matter will be resolved by the process provided for in Appendix Y-1. During the time that the matter is being resolved in accordance with Appendix Y-1, any timeframes contemplated by this Chapter and Appendices Y-2 to Y-6 are suspended. A Party can only dispute its involvement in a Disagreement once during the course of any Disagreement.

25.5.0 STAGE ONE: COLLABORATIVE NEGOTIATIONS

25.5.1 If a Disagreement is not resolved by informal discussion and a Party directly engaged in the Disagreement wishes to invoke this Chapter, that Party will deliver a notice, in accordance with Appendix Y-2, to the other Parties, requiring the commencement of collaborative negotiations.

25.5.2 Upon receiving the notice in accordance with 25.5.1, each Party directly engaged in the Disagreement will participate in the collaborative negotiations.

25.5.3 Subject to 25.1.3, a Party not directly engaged in the Disagreement may participate in the collaborative negotiations by giving notice to the other Parties, preferably before the collaborative negotiations commence.

25.5.4 If the Parties have commenced negotiations in the circumstances described in 25.2.2c. then, for all purposes under this Chapter, those negotiations are deemed collaborative negotiations and, for greater certainty, the particular matter under negotiation is considered a Disagreement.

25.5.5 Collaborative negotiations terminate in the circumstances described in Appendix Y-2.

25.6.0 STAGE TWO: FACILITATED PROCESSES

25.6.1 Within 15 days of termination of collaborative negotiations that have not resolved the Disagreement, a Party directly engaged in a Disagreement, by delivering a notice to the other Parties, may require the commencement of a facilitated process.

25.6.2 A notice contemplated by 25.6.1:

a. will include the name of the Parties directly engaged in the Disagreement;

b. will set out a summary of the particulars of the Disagreement; and

c. may propose the use of a particular facilitated process described in 25.6.5.

25.6.3 Upon receiving a notice in accordance with 25.6.1, each Party directly engaged in the Disagreement will participate in a facilitated process described in  25.6.5 .

25.6.4 A Party not directly engaged in the Disagreement may participate in the facilitated process by giving notice to the other Parties within 15 days of delivery of a notice in accordance with 25.6.1.

25.6.5 Within 30 days after delivery of a notice in accordance with 25.6.1, the Parties directly engaged in the Disagreement will attempt to agree to use one of the following processes:

a. mediation in accordance with Appendix Y-3;

b. technical advisory panel in accordance with Appendix Y-4;

c. neutral evaluation in accordance with Appendix Y-5; or

d. any other non-binding dispute resolution process assisted by a Neutral,

and if they do not agree , they are deemed to have selected mediation in accordance with Appendix Y-3.

25.6.6 A facilitated process terminates:

a. in the circumstances described in the applicable Appendix Y; or

b. as agreed by the Participating Parties, if Appendix Y does not apply.

25.7.0 NEGOTIATING CONDITIONS

25.7.1 In order to enhance the prospect of reaching agreement, the Participating Parties will:

a. at the request of a Participating Party, provide disclosure of sufficient information and documents to enable a full examination of the subject matter being negotiated;

b. make every reasonable effort to appoint negotiating representatives with sufficient authority to reach an agreement, or with ready access to such authority; and

c. negotiate in good faith.

25.8.0 SETTLEMENT AGREEMENT

25.8.1 Any agreement reached in a process in accordance with this Chapter:

a. will be:

i. recorded in writing;

ii. signed by authorized representatives of the Parties to the agreement; and

iii. delivered to all Parties; and

b. is binding only on the Parties who have signed the agreement. For greater certainty, the agreement is binding on all Maa-nulth First Nations who are Participating Parties.

25.8.2 For greater certainty, any agreement reached in a facilitated process under this Chapter requires the agreement only of those Participating Parties who are directly engaged in the Disagreement.

25.9.0 STAGE THREE: ADJUDICATION – ARBITRATION

25.9.1 Except as otherwise provided in this Agreement, after the later of termination of collaborative negotiations, or of a required facilitated process, in respect of a Disagreement arising out of any provision of this Agreement that provides that a matter will be "finally determined by arbitration", the Disagreement will, on the delivery of a notice to arbitrate by a Party directly engaged in the Disagreement to all Parties in accordance with Appendix Y-6, be referred to and finally resolved by arbitration in accordance with that Appendix.

25.9.2 After the later of termination of collaborative negotiations, or a required facilitated process, in respect of any Disagreement, other than a Disagreement referred to in 25.9.1, and with the written agreement of all Parties directly engaged in the Disagreement, the Disagreement will be referred to, and finally resolved by, arbitration in accordance with Appendix Y-6.

25.9.3 If all Parties directly engaged in the Disagreement make a written agreement to arbitrate in accordance with 25.9.2, they will deliver a copy of the agreement to the other Parties.

25.9.4 Upon delivering a notice to the parties to the arbitration within 15 days after receiving a notice to arbitrate in accordance with 25.9.1 or copy of a written agreement to arbitrate in accordance with 25.9.3, a Party not directly engaged in the Disagreement is entitled to be, and will be added as, a Participating Party to the arbitration of that Disagreement whether or not that Party has participated in collaborative negotiations or a required facilitated process.

25.9.5 Notwithstanding 25.9.4, an arbitral tribunal may make an order adding a Party as a Participating Party at any time, if the arbitral tribunal considers that:

a. the other Participating Parties will not be unduly prejudiced; or

b. the issues stated in the pleadings are materially different from those identified in the notice to arbitrate in accordance with 25.9.1 or the written agreement to arbitrate in accordance with 25.9.2,

and, in that event, the arbitral tribunal may make any order it considers appropriate or necessary in the circumstances respecting conditions, including the payment of costs, upon which the Party may be added.

25.10.0 EFFECT OF ARBITRAL AWARD

25.10.1 An arbitral award, as defined in Appendix Y-6, is final and binding on all Parties whether or not a Party has participated in the arbitration.

25.10.2 Notwithstanding 25.10.1, an arbitral award, as defined in Appendix Y-6, is not binding on a Party that has not participated in the arbitration if:

a. the Party did not receive copies of:

i. the notice of arbitration or agreement to arbitrate; or

ii. the pleadings and any amendments or supplements to the pleadings; or

b. the arbitral tribunal refused to add the Party as a Participating Party to the arbitration in accordance with 25.9.5.

25.11.0 APPLICATION OF LEGISLATION

25.11.1 No legislation of any Party respecting arbitration, except the Settlement Legislation, applies to an arbitration conducted under this Chapter.

25.11.2 A court may not intervene or offer assistance in an arbitration or review an arbitral award, as defined in Appendix Y-6, under this Chapter except as provided in Appendix Y-6.

25.12.0 STAGE THREE: ADJUDICATION – JUDICIAL PROCEEDINGS

25.12.1 Nothing in this Chapter creates a cause of action where none otherwise exists.

25.12.2 Subject to 25.12.3, at any time a Party may commence proceedings in the Supreme Court of British Columbia in respect of a Disagreement.

25.12.3 A Party may not commence judicial proceedings in respect of a Disagreement if the Disagreement:

a. is required to be referred to arbitration in accordance with 25.9.1 or has been agreed to be referred to arbitration in accordance with 25.9.2;

b. has not been referred to collaborative negotiations or a facilitated process as required under this Chapter; or

c. has been referred to collaborative negotiations or a facilitated process that has not yet been terminated.

25.12.4 Nothing in 25.12.3a. prevents an arbitral tribunal or the Participating Parties from requesting the Supreme Court of British Columbia to make a ruling respecting a question of law as permitted in Appendix Y-6.

25.13.0 NOTICE TO PARTIES

25.13.1 If, in any judicial or administrative proceeding, an issue arises in respect of:

a. the interpretation or validity of this Agreement; or

b. the validity or applicability of:

i. any Settlement Legislation; or

ii. any Maa-nulth First Nation Law,

the issue will 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 applicable Maa-nulth First Nation.

25.13.2 In any judicial or administrative proceeding to which 25.13.1 applies, the Attorney General of British Columbia, the Attorney General of Canada and the applicable Maa-nulth First Nation may appear and participate in the proceedings as parties with the same rights as any other party.

25.14.0 COSTS

25.14.1 Except as provided otherwise in Appendix Y, each Participating Party will bear the costs of its own participation, representation and appointments in collaborative negotiations, a facilitated process or an arbitration, conducted under this Chapter.

25.14.2 Subject to 25.14.1 and except as provided otherwise in Appendix Y, the Participating Parties will share equally all costs of collaborative negotiations, a facilitated process or an arbitration, conducted under this Chapter.

25.14.3 For purposes of 25.14.2, costs include:

a. fees of the Neutrals;

b. costs of hearing and meeting rooms;

c. actual and reasonable costs of communications, accommodation, meals and travel of the Neutrals;

d. costs of required secretarial and administrative support for the Neutrals, as permitted in Appendix Y; and

e. administration fees of a Neutral Appointing Authority.

25.14.4 For greater certainty, for the purpose of 25.14.2, all Maa-nulth First Nations who are Participating Parties are one party for the purpose of determining the sharing of costs.




CHAPTER 26 ELIGIBILITY AND ENROLMENT

26.1.0 MAA-NULTH FIRST NATIONS ELIGIBILITY CRITERIA

26.1.1 As regards a Maa-nulth First Nation, an individual is eligible for enrolment under this Agreement if that individual:

a. is of that Maa-nulth First Nation ancestry;

b. was adopted under laws recognized in Canada or in accordance with the custom of that Maa-nulth First Nation by an individual of that applicable Maa-nulth First Nation who is eligible for enrolment under a., b. or c.;

c. is a descendant of an individual of that Maa-nulth First Nation who is eligible for enrolment under a. or b.; or

d. is accepted by that Maa-nulth First Nation as a member of that Maa-nulth First Nation in accordance with the custom of the Maa-nulth First Nation and has a demonstrated attachment to that Maa-nulth First Nation community.

26.1.2 An individual can only be a Maa-nulth-aht of one Maa-nulth First Nation at any point in time.

26.1.3 Being a Maa-nulth-aht does not:

a. confer or deny rights of entry into Canada, Canadian citizenship, the right to be registered as an Indian under the Indian Act, or any of the rights or benefits under the Indian Act; or

b. except as provided in this Agreement, or in any Federal Law or Provincial Law, impose any obligation on Canada or British Columbia to provide rights or benefits.

26.2.0 OTHER LAND CLAIMS AGREEMENTS

26.2.1 An individual who:

a. receives benefits under another treaty or land claims agreement in Canada; or

b. is enrolled under another treaty or land claims agreement in Canada,

may not at the same time be a Maa-nulth-aht.

26.2.2 For greater certainty, as provided in Chapter 1 General Provisions, following the Effective Date, upon becoming a Maa-nulth-aht an individual ceases to be a member or a registered Indian of an Indian Band.

26.2.3 An individual who is enrolled under another treaty or land claims agreement in Canada or receives benefits under another treaty or land claims agreement in Canada may apply to be a Maa-nulth-aht, provided that:

a. the individual meets one of the eligibility criteria described in 26.1.1; and

b. if his or her application succeeds that individual must withdraw from enrolment under the other treaty or land claims agreement in Canada and is no longer entitled to receive benefits under that treaty or land claims agreement.

26.2.4 If, prior to the Effective Date, the Enrolment Committee determines that an individual who has applied to enrol under this Agreement and who is enrolled under another treaty or land claims agreement in Canada meets the eligibility criteria described in 26.2.3, the individual will be placed on the Preliminary Enrolment Register.

26.2.5 If an individual who has been placed on the Preliminary Enrolment Register as contemplated by 26.2.4 does not, within 60 days after the Effective Date or within 60 days of receiving written notification by the Enrolment Committee, whichever is later, demonstrate in writing that he or she has ceased to be enrolled under another treaty or land claims agreement in Canada, or has ceased to be a member or registered Indian of the Indian Band, the Enrolment Committee will remove that individual's name from the Enrolment Register.

26.3.0 INITIAL ENROLMENT PERIOD

26.3.1 During the Initial Enrolment Period, an individual may:

a. apply to the Enrolment Committee for:

i. placement on the Preliminary Enrolment Register of a Maa-nulth First Nation before the Effective Date; or

ii. placement on the Enrolment Register of a Maa-nulth First Nation following the Effective Date;

b. appeal a decision of the Enrolment Committee to the Enrolment Appeal Board; or

c. seek judicial review of a decision of the Enrolment Appeal Board,

on his or her own behalf, or on behalf of a minor, or an adult, whose affairs he or she has the legal authority to manage.

26.4.0 MAA-NULTH FIRST NATIONS ENROLMENT COMMITTEE

26.4.1 At the beginning of the Initial Enrolment Period, the Maa-nulth First Nations will establish an Enrolment Committee to be responsible for the enrolment process of each Maa-nulth First Nation during the Initial Enrolment Period.

26.4.2 The Enrolment Committee will be composed of five Maa-nulth First Nation individuals, as follows:

a. one member to be selected by Huu-ay-aht First Nations;

b. one member to be selected by Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations;

c. one member to be selected by Toquaht Nation;

d. one member to be selected by Uchucklesaht Tribe; and

e. one member to be selected by Ucluelet First Nation,

each of whom will have his or her own advisory committee to consult with on matters of Maa-nulth First Nation customs and ancestry.

26.4.3 Each Maa-nulth First Nation will notify Canada and British Columbia of the name of the member it selects to participate on the Enrolment Committee upon that individual's appointment.

26.4.4 During the Initial Enrolment Period, the Enrolment Committee will:

a. consider and decide each application for enrolment based on the eligibility criteria of the applicable Maa-nulth First Nation and:

i. enrol each applicant, or the individual upon whose behalf the application was submitted, who demonstrates that he or she, or the individual upon whose behalf the application was submitted, meets the eligibility criteria; and

ii. refuse to enrol each applicant, or the individual upon whose behalf the application was submitted, who does not demonstrate that he or she, or the individual upon whose behalf the application was submitted, meets the eligibility criteria;

b. establish and maintain, as a public document, a Preliminary Enrolment Register for each Maa-nulth First Nation, containing the name of each individual who is enrolled in that Maa-nulth First Nation before the Effective Date;

c. establish and maintain, as a public document, an Enrolment Register for each Maa-nulth First Nation, containing the name of each individual who is enrolled in that Maa-nulth First Nation following the Effective Date and before the end of the Initial Enrolment Period;

d. amend the Enrolment Register of the applicable Maa-nulth First Nation to take into account decisions of the Enrolment Appeal Board;

e. take reasonable steps to publish the enrolment rules and the eligibility criteria;

f. provide an application form to any individual who wishes to apply for enrolment on his or her own behalf, or on behalf of a minor, or an adult, whose affairs he or she has the legal authority to manage;

g. provide written notification to each applicant of its decision in respect of his or her application, and if enrolment is refused, include reasons for that decision;

h. provide a copy of the notification referred to in 26.4.4g., including any reasons, to the applicable Maa-nulth First Nations, Canada and British Columbia;

i. upon request, provide to a Party or the Enrolment Appeal Board, in confidence, information in respect of an individual's enrolment application;

j. other than as provided in this Chapter, keep confidential information provided by and about an applicant, and an individual, if different from the applicant, on whose behalf the applicant submitted the application;

k. provide a copy of the Enrolment Register and the Preliminary Enrolment Register for each Maa-nulth First Nation to each of the Parties each year and at other times on request;

l. report on the enrolment process to the Parties; and

m. comply with other requirements as provided for in this Agreement.

26.4.5 In addition to the functions described in 26.4.4, before the completion of the ratification of this Agreement by the Maa-nulth First Nations contemplated by Chapter 28 Ratification, the Enrolment Committee will:

a. provide the Ratification Committee with the name of each individual who is enrolled, and any other information requested by the Ratification Committee; and

b. if the Enrolment Committee forms the opinion that an applicant, or the individual on whose behalf the applicant submitted the application, will be refused enrolment, provide the applicant with a reasonable opportunity to present further information or representations.

26.4.6 Each applicant has the burden of proving to the Enrolment Committee that he or she, or the individual on whose behalf the applicant submitted the application, meets the eligibility criteria of the applicable Maa-nulth First Nation.

26.4.7 Subject to 26.6.0, all decisions of the Enrolment Committee are final and binding.

26.4.8 The Enrolment Committee may, before an appeal of a decision is commenced, vary its decision on the basis of new information, if it considers the decision was in error.

26.4.9 If the Enrolment Committee does not make a decision in respect of an application for enrolment within 60 days of the receipt of a completed application, the application is deemed to be refused and the deemed refusal constitutes grounds to appeal to the Enrolment Appeal Board.

26.5.0 APPLICATIONS TO REMOVE NAMES FROM ENROLMENT REGISTER

26.5.1 If an applicant applies to have his or her own name, or the name of a minor, or an adult, whose affairs he or she has the legal authority to manage, removed from the Maa-nulth First Nation Enrolment Register, the Enrolment Committee will remove the name and will notify the applicant.

26.6.0 ENROLMENT APPEAL BOARD

26.6.1 An applicant or a Party may appeal to the Enrolment Appeal Board any decision of the Enrolment Committee made in accordance with 26.4.4a., 26.4.8 or 26.4.9.

26.6.2 The Maa-nulth First Nations and Canada will establish the Enrolment Appeal Board at the Effective Date to be responsible for the enrolment appeal process provided for in this Agreement.

26.6.3 The Enrolment Appeal Board will be composed of one individual appointed by each Maa-nulth First Nation and one individual appointed by the Minister of Indian Affairs and Northern Development. A member of the Enrolment Committee may not be a member of the Enrolment Appeal Board.

26.6.4 The Enrolment Appeal Board will:

a. establish its own procedures and set time limits;

b. maintain as a public document its procedures and time limits;

c. consider and decide appeals from decisions of the Enrolment Committee brought in accordance with 26.6.1 and decide whether the applicant, or the individual upon whose behalf the application is being made, will be enrolled;

d. conduct its hearings in public unless it determines in a particular case that there are reasons for confidentiality that outweigh the public interest in having an open hearing;

e. provide written reasons for its decision to the appellant, the applicant and the Parties; and

f. provide written reasons for its decision within 90 days of receiving each appeal.

26.6.5 The Enrolment Appeal Board:

a. by subpoena, may require any individual to appear before the Enrolment Appeal Board as a witness and produce any relevant document in his or her possession; and

b. may direct a witness to answer on oath or solemn affirmation questions posed to the witness.

26.6.6 A judge of the Provincial Court of British Columbia, on application by the Enrolment Appeal Board, may enforce a subpoena or direction made in accordance with 26.6.5.

26.6.7 Each applicant, Party, and witness appearing before the Enrolment Appeal Board may be represented by counsel or agent.

26.6.8 No action lies against the Enrolment Appeal Board, or any member of the Enrolment Appeal Board, for anything done or omitted in good faith in the performance, or intended performance, of a duty under this Chapter.

26.6.9 Subject to 26.7.0, all decisions of the Enrolment Appeal Board are final and binding.

26.7.0 JUDICIAL REVIEW

26.7.1 An applicant or a Party may apply to the Supreme Court of British Columbia to review and set aside a decision of the Enrolment Appeal Board or a decision of a Maa-nulth First Nation made in accordance with 26.11.1, on the grounds that the Enrolment Appeal Board or the Maa-nulth First Nation acted without jurisdiction, acted beyond its jurisdiction, refused to exercise its jurisdiction, failed to observe procedural fairness, erred in law, or based its decision on an erroneous finding of fact that it made in a perverse or capricious manner, or without regard for the material before it.

26.7.2 On an application for judicial review, the Supreme Court of British Columbia may either dismiss the application or set aside the decision and refer the matter back to the Enrolment Appeal Board or the Maa-nulth First Nation for determination in accordance with any directions that the Supreme Court of British Columbia considers appropriate.

26.7.3 If the Enrolment Appeal Board or the Maa-nulth First Nation fails to hear or decide an appeal within a reasonable time, an applicant or a Party may apply to the Supreme Court of British Columbia for an order directing the Enrolment Appeal Board or the Maa-nulth First Nation to hear or decide the appeal in accordance with any directions that the Supreme Court of British Columbia considers appropriate.

26.7.4 An applicant or a Party may apply for judicial review within 60 days of receiving notification of the decision of the Enrolment Appeal Board or the Maa-nulth First Nation or a longer time determined by the Supreme Court of British Columbia.

26.8.0 COSTS

26.8.1 Canada and British Columbia will provide agreed upon funding for the Enrolment Committee and Enrolment Appeal Board.

26.9.0 ENROLMENT REGISTER

26.9.1 On the Effective Date, the names on the Preliminary Enrolment Register of a Maa-nulth First Nation will be placed on the Enrolment Register of that Maa-nulth First Nation by the Enrolment Committee.

26.10.0 DISSOLUTION OF ENROLMENT COMMITTEE AND ENROLMENT APPEAL BOARD

26.10.1 Each of the Enrolment Committee and the Enrolment Appeal Board is dissolved when it has made a decision in respect of every application or appeal made or commenced before the end of its Initial Enrolment Period.

26.10.2 On dissolution, the Enrolment Committee and Enrolment Appeal Board will provide their records and the Enrolment Register to the applicable Maa-nulth First Nation.

26.11.0 MAA-NULTH FIRST NATION RESPONSIBILITIES FOR ENROLMENT

26.11.1 After the Initial Enrolment Period each Maa-nulth First Nation will:

a. be responsible for its enrolment process and the administrative costs of that process;

b. maintain its own Enrolment Register;

c. provide a copy of its Enrolment Register to Canada and British Columbia each year or as they request; and

d. provide information concerning enrolment in that Maa-nulth First Nation to Canada and British Columbia as they request.




CHAPTER 27 IMPLEMENTATION

27.1.0 GENERAL

27.1.1 The Implementation Plan takes effect on the Effective Date and has a term of ten years, which may be renewed or extended upon agreement of the Parties.

27.2.0 IMPLEMENTATION PLAN

27.2.1 The Implementation Plan:

a. identifies the obligations arising from this Agreement, the activities to be undertaken to fulfill those obligations, the responsible Party and the timeframe for completion of those activities;

b. specifies how the Implementation Plan may be amended;

c. specifies how the Implementation Plan may be renewed or extended; and

d. addresses other matters agreed to by the Parties.

27.2.2 The Implementation Plan:

a. does not create legal obligations;

b. does not alter any rights or obligations described in this Agreement;

c. does not preclude any Party from asserting that rights or obligations exist under this Agreement even though they are not referred to in the Implementation Plan; and

d. is not to be used to interpret this Agreement.

27.3.0 IMPLEMENTATION COMMITTEE

27.3.1 On the Effective Date, the Maa-nulth First Nations, Canada and British Columbia will each appoint an individual to a three-member implementation committee for a term of ten years, which term may be renewed or extended by agreement of the Parties.

27.3.2 The implementation committee will:

a. establish its own procedures and operating guidelines;

b. develop a communications strategy in respect of the implementation and content of this Agreement;

c. be a forum for the Parties to discuss the implementation of this Agreement;

d. provide for the preparation of annual reports on the implementation of this Agreement;

e. before the expiry of the Implementation Plan, review the Implementation Plan and advise the Parties on the further implementation of this Agreement and, if a consensus is reached by the implementation committee in respect of a recommendation, recommend whether the Implementation Plan should be renewed or extended; and

f. address other matters agreed to by the Parties.



CHAPTER 28 RATIFICATION

28.1.0 GENERAL

28.1.1 This Agreement is legally binding once ratified by all of the Parties in accordance with this Chapter.

28.1.2 This Agreement will be submitted to the Parties for ratification as provided for in this Chapter after it has been initialed by the chief negotiators for Canada and British Columbia, and the lead negotiator for the Maa-nulth First Nations.

28.2.0 RATIFICATION BY MAA-NULTH FIRST NATIONS

28.2.1 Ratification of this Agreement by a Maa-nulth First Nation requires that:

a. its Eligible Voters have a reasonable opportunity to review this Agreement;

b. subject to 28.3.5, dates be set for the Treaty Vote and Band Vote, which will be the same days for every Treaty Vote and Band Vote unless otherwise agreed to by the Parties;

c. each of the Treaty Vote and Band Vote be conducted by way of a secret ballot and overseen by the Ratification Committee, on behalf of that Maa-nulth First Nation, in accordance with 28.2.5 and 28.2.6;

d. a majority of its Eligible Voters on its List of Eligible Voters have voted to approve this Agreement;

e. a majority of the Eligible Voters on the List of Eligible Voters of each other Maa-nulth First Nation have voted to approve this Agreement;

f. the matters provided for in 28.3.1 be approved by the applicable Band Vote in accordance with 28.3.0; and

g. this Agreement be signed by that Maa-nulth First Nation's representative as authorized by a band council resolution of the applicable Maa-nulth Indian Band or such other authorization as that Maa-nulth First Nation may determine.

28.2.2 Before the Treaty Vote, each Maa-nulth First Nation will have ratified its Maa-nulth First Nation Constitution in accordance with 13.3.4.

28.2.3 The Parties will establish a seven member Ratification Committee, with one representative from each Maa-nulth First Nation, one representative from Canada and one representative from British Columbia.

28.2.4 The Ratification Committee is responsible for:

a. matters relating to the Treaty Vote of each Maa-nulth First Nation described in 28.2.5 and 28.2.7 to 28.2.9; and

b. matters relating to the Band Vote of each Maa-nulth Indian Band described in 28.2.6 and 28.3.0.

28.2.5 As regards the Treaty Vote of a Maa-nulth First Nation the Ratification Committee will :

a. e nsure that Maa-nulth First Nation has provided its Eligible Voters a reasonable opportunity to review this Agreement;

b. prepare and publish:

i. the List of Eligible Voters of that Maa-nulth First Nation based on the names of the individuals on the Preliminary Enrolment Register provided by the Enrolment Committee in accordance with 26.4.4b.; and

ii. an updated List of Eligible Voters of that Maa-nulth First Nation updated in accordance with  28.2.5 c. at least 14 days before the Treaty Vote commences;

c. update the List of Eligible Voters for that Maa-nulth First Nation by:

i. at any time on or before the last day of the Treaty Vote, adding to the List of Eligible Voters of that Maa-nulth First Nation the name of each individual whom the Ratification Committee determines to be eligible to vote in that Maa-nulth First Nation's Treaty Vote in accordance with 28.2.7;

ii. adding to the List of Eligible Voters of that Maa-nulth First Nation the name of each individual who votes in the Treaty Vote of that Maa-nulth First Nation in accordance with 28.2.8 and whose vote counts in accordance with 28.2.9;

iii. removing from the List of Eligible Voters of that Maa-nulth First Nation the name of each individual who died on or before the last day of the Treaty Vote, provided the individual has not already voted;

iv. removing from the List of Eligible Voters of that Maa-nulth First Nation the name of each individual who did not vote in the Treaty Vote of that Maa-nulth First Nation and for whom certification is provided to the Ratification Committee by the close of polls on the last day of the Treaty Vote, by a qualified medical practitioner, that the individual was physically or mentally incapacitated to the point that he or she could not have voted on the dates set for the Treaty Vote;

v. removing from the List of Eligible Voters of that Maa-nulth First Nation the name of each individual who has applied, or on whose behalf application has been made to the Ratification Committee, by the close of polls on the last day of voting in the Treaty Vote, to have his or her name removed from the List of Eligible Voters of that Maa-nulth First Nation, provided the individual has not already voted;

vi. subject to 28.2.11, removing from the List of Eligible Voters of that Maa-nulth First Nation the name of each individual whose name appears on the Preliminary Enrolment Register but in respect of whom that Maa-nulth First Nation has made a specific request to the Ratification Committee by the close of polls on the last day of the Treaty Vote for removal from the List of Eligible Voters due to an inability to contact that individual; and

vii. adding to the List of Eligible Voters of that Maa-nulth First Nation the name of each individual whose name has been removed from the List of Eligible Voters in accordance with 28.2.5c.vi. and who has, before the close of polls on the last day of the Treaty Vote, provided contact information to the applicable Maa-nulth First Nation or the Ratification Committee;

d. prepare, approve and publish the form and content of the ballot to be used in the Treaty Vote of that Maa-nulth First Nation at least 14 days before the Treaty Vote commences;

e. authorize and provide general direction to voting officers regarding the Treaty Vote including the establishment of polling stations and rules that may include advance polling and mail-in ballots;

f. oversee the conduct of the Treaty Vote on days determined by the Maa-nulth First Nations in all polling stations established by the Ratification Committee;

g. ensure that the dates of the Treaty Vote and location of the polling stations are made publicly available;

h. oversee the counting of each Treaty Vote ballot;

i. make public the results of the Treaty Vote; and

j. within 90 days following the last day of the Treaty Vote prepare and provide to the Parties a written report on the outcome of the Treaty Vote.

28.2.6 As regards the Band Vote of a Maa-nulth Indian Band, the Ratification Committee will :

a. p repare, maintain and publish a voters list for that Maa-nulth Indian Band as contemplated by 28.3.0;

b. prepare, approve and publish the form and content of the ballot to be used in the Band Vote of that Maa-nulth Indian Band at least 14 days before the Band Vote commences;

c. authorize and provide general direction to voting officers to be employed in the conduct of that Maa-nulth Indian Band's Band Vote, including the establishment of polling stations and rules that may include advance polling and mail-in ballots;

d. conduct each Band Vote on days determined by the Maa-nulth First Nations in all polling stations established by the Ratification Committee;

e. ensure that the dates of the Band Vote and location of the polling stations are made publicly available;

f. oversee the counting of each Band Vote ballot; and

g. within 90 days following the last day of the Band Vote prepare and provide to the Parties a written report on the outcome of the Band Vote.

28.2.7 As regards a Maa-nulth First Nation, an Eligible Voter is an individual who:

a. has been placed on the Preliminary Enrolment Register of that Maa-nulth First Nation by the Enrolment Committee; and

b. is 16 years of age or older on the last scheduled day of the Treaty Vote.

28.2.8 An individual whose name is not included on the List of Eligible Voters of a Maa-nulth First Nation may vote in that Maa-nulth First Nation's Treaty Vote if that individual provides a voting officer with:

a. a completed application for enrolment in that Maa-nulth First Nation; or

b. evidence satisfactory to that voting officer that the individual has submitted to the Enrolment Committee an application form to be enrolled in that Maa-nulth First Nation.

28.2.9 The ballot of an individual who votes in accordance with 28.2.8 counts in determining the outcome of the Treaty Vote of a Maa-nulth First Nation only if the Ratification Committee:

a. determines that the individual is an Eligible Voter; and

b. adds the name of the individual to the List of Eligible Voters of that Maa-nulth First Nation in accordance with 28.2.5c.ii.

28.2.10 If a majority of the Eligible Voters on the List of Eligible Voters of each Maa-nulth First Nation do not vote in favour of this Agreement in accordance with the Treaty Vote conducted in accordance with the Parties will, within 30 days of the last day of the Treaty Vote, meet to discuss measures that may be necessary to achieve the successful ratification of this Agreement, including:

a. re-conducting the Treaty Vote;

b. potential amendments to the ratification process;

c. other potential amendments to this Agreement; and

d. such other matters agreed to by the Parties.

28.2.11 The Ratification Committee may only agree to the removal of an individual's name from the List of Eligible Voters of a Maa-nulth First Nation in accordance with 28.2.5c.vi. if that Maa-nulth First Nation submits to the Ratification Committee documentation, acceptable to the Ratification Committee, setting out the steps taken by that Maa-nulth First Nation to contact the individual and the Ratification Committee is satisfied that those steps constituted a reasonable effort to contact the individual.

28.3.0 RATIFICATION BY A MAA-NULTH INDIAN BAND

28.3.1 Subject to 28.3.5, on the same day or days as the Treaty Vote, the Ratification Committee will conduct, for each Maa-nulth Indian Band, a Band Vote of registered Indians of that Maa-nulth Indian Band seeking their approval that on the Effective Date:

a. the assets and liabilities of that Maa-nulth Indian Band will be transferred to the applicable Maa-nulth First Nation; and

b. that Maa-nulth Indian Band will be dissolved.

28.3.2 At least 30 days before the first day of voting in the Band Vote, the Ratification Committee will establish a voters list for the applicable Maa-nulth Indian Band which will consist of all registered Indians of that Maa-nulth Indian Band who will be 16 years of age or older on the last scheduled day of the Band Vote.

28.3.3 As regards the Band Vote of a Maa - nulth Indian Band, the Ratification Committee will update the voters list for that Maa - nulth Indian Band by removing from that list the name of each individual who:

a. died on or before the last day of the Band Vote, provided the individual has not already voted;

b. did not vote in the Band Vote of that Maa-nulth Indian Band and for whom certification is provided by the close of polls on the last day of the Band Vote, by a qualified medical practitioner, that the individual was physically or mentally incapacitated to the point that he or she could not have voted on the dates set for the Band Vote;

c. has applied, or on whose behalf application has been made, by the close of polls on the last day of voting in the Band Vote, to have his or her name removed from the voters list for that Maa-nulth Indian Band of that Maa-nulth First Nation, provided the individual has not already voted; or

d. has transferred to another Indian Band, where both the council of the applicable Maa-nulth Indian Band and the council of the Indian Band to which the individual has transferred have accepted in writing the transfer, provided the individual has not already voted.

28.3.4 A Band Vote is approved if a majority of the voters casting ballots in the applicable Band Vote have voted to approve and a majority of the individuals on the voters list of the applicable Maa-nulth Indian Band vote.

28.3.5 Notwithstanding 28.3.1, if a majority of the individuals on the voters list of a Maa-nulth Indian Band fail to vote, the applicable Maa-nulth First Nation may provide directions and instruction for the Ratification Committee for the conduct of additional days of voting for that Maa-nulth Indian Band's Band Vote.

28.3.6 Where the Ratification Committee is unable to establish the current address of a registered Indian of a Maa-nulth Indian Band, the Ratification Committee, upon request by the applicable Maa-nulth First Nation may remove that individual from the voters list of that Maa-nulth Indian Band.

28.4.0 RATIFICATION BY CANADA

28.4.1 Ratification of this Agreement by Canada requires:

a. that this Agreement be signed by a Minister authorized by the federal Cabinet; and

b. the coming into force of Federal Settlement Legislation giving effect to this Agreement.

28.5.0 RATIFICATION BY BRITISH COLUMBIA

28.5.1 Ratification of this Agreement by British Columbia requires:

a. that this Agreement be signed by a Minister authorized to do so; and

b. the coming into force of Provincial Settlement Legislation giving effect to this Agreement.




CHAPTER 29 DEFINITIONS

29.1.0 DEFINITIONS

29.1.1 In this Agreement:

"2005 FDDIPI 1st Quarter" means FDDIPI for the 1st quarter of 2005 published at the same time as the value used in Current FDDIPI;

"2005 FDDIPI 2nd Quarter" means FDDIPI for the 2nd quarter of 2005 published at the same time as the value used in Current FDDIPI;

"Adoption Agency" means "adoption agency" as defined in the Adoption Act;

" Agreed-Upon Programs and Services" means those programs and services to be made available by a Maa-nulth First Nation, and towards which Canada or British Columbia agrees to contribute funding, in accordance with a Fiscal Financing Agreement;

"Agreement" means this agreement among each Maa-nulth First Nation, Canada and British Columbia;

"Alberni-Clayoquot Regional District" means the Alberni-Clayoquot Regional District incorporated or continued under the Local Government Act, and its successors;

"Annual Fishing Plan" means an Annual Fishing Planas described in 10.4.29;

"Appendix" means an appendix to this Agreement and, where applicable, includes the authoritative version of a map or plan as set out in the Atlas;

"Aquatic Plants" includes all benthic and detached algae, brown algae, red algae, green algae, golden algae and phytoplankton, and all marine and freshwater flowering plants, ferns and mosses, growing in water or in soils that are saturated during most of the growing season;

"Artlish Harvest Area" means those lands described as the "Artlish Harvest Area" in Plan 1 of Appendix Q-3;

"Assurance Fund" means the assurance fund established under Part 19.1 of the Land Title Act;

"Atlas" means the Maa-nulth First Nations Final Agreement Atlas as signed by the Parties and as amended from time to time in accordance with this Agreement, which consists of the authoritative version of the maps and plans shown at reduced scale for ease of reference in Appendices A, B, C, F, G, H, I, M, N, O, P, Q, R, T, U, V, W and X of this Agreement;

"Available Flow" means the volume of flow of water, determined by British Columbia, to be above that required:

a. to ensure conservation of Fish and Stream habitats;

b. to continue navigability; and

c. under Water Licences issued before October 3, 2003 and Water Licences issued under applications made before October 3, 2003,

and taking into account any applicable requirement under Federal Law and Provincial Law;

"BC Hydro" means the British Columbia Hydro and Power Authority, a corporation continued under the Hydro and Power Authority Act, or its successor;

"Band Vote" means the vote of the members of a Maa-nulth Indian Band contemplated by 28.3.0;

"British Columbia" means, unless the context otherwise requires, Her Majesty the Queen in right of the Province of British Columbia;

"British Columbia Building Code" means the building code established for British Columbia in accordance with the Local Government Act;

"Canada" means, unless the context otherwise requires, Her Majesty the Queen in right of Canada;

"Capital Transfer" means an amount paid by Canada to a Maa-nulth First Nation under Chapter 16 Capital Transfer and Negotiation Loan Repayment;

"Capital Transfer Payment Plan" means the timetable for the payment of a Capital Transfer, described in Schedule 1 of Chapter 16 Capital Transfer and Negotiation Loan Repayment;

"Chapter" means a chapter of this Agreement;

"Child" means an individual under the age of majority in accordance with Provincial Law;

"Child Care" means the care, supervision, social or educational training including preschool education, or physical or mental rehabilitative therapy of children under the age of 13 years with or without charge, by caregivers other than the child's parent or the individual with whom the child resides and who stands in the place of the child's mother or father, but does not include an educational program provided under the School Act or the Independent School Act or a Maa-nulth First Nation Law under 13.20.1;

"Child in Care" means a child who is in the custody, care or guardianship of a Director or an individual designated with comparable authority under Maa-nulth First Nation Law;

"Child in Need of Protection" means a child in need of protection in accordance with the circumstances described in the Child, Family and Community Services Act;

"Child Protection Service" means a service that provides for:

a. the protection of Children from abuse, neglect, and harm, or threat of abuse, neglect, or harm, and any need for intervention;

b. the custody, care and guardianship responsibilities for Children in Care;

c. the support of families and caregivers to provide a safe environment and prevent abuse, neglect, and harm, or threat of abuse, neglect or harm; and

d. the support of kinship ties and a Child's attachment to the extended family;

"Community Correctional Services" means:

a. community supervision of offenders subject to court orders, including youth justice court orders, and offenders on conditional and interim release, including temporary release from a youth custody centre;

b. preparation of reports for courts, correctional centers, youth custody centres, crown counsel and parole boards;

c. supervision of diverted offenders and development and operation of diversion programs;

d. provision of community based programs and interventions for offenders, including alternatives to custody programs;

e. identification of and referral to appropriate community resources;

f. assistance in establishing programs to meet the needs of youth in conflict with the law; and

g. other community correctional and community youth justice services as may be delivered by British Columbia or Canada from time to time;

"Comox-Strathcona Regional District" means the Comox-Stathcona Regional District incorporated or continued under the Local Government Act, and its successors;

"Conflict" means actual conflict in operation or operational incompatibility;

"Consult" and "Consultation" mean provision to a party of:

a. notice of a matter to be decided, in sufficient detail to permit the party to prepare its views on the matter;

b. in consultation between or among Parties, if requested by a Party, sufficient information in respect of the matter to permit the Party to prepare its views on the matter;

c. a reasonable period of time to permit the person to prepare its views on the matter;

d. an opportunity for the person to present its views on the matter; and

e. a full and fair consideration of any views on the matter so presented by the person;

"Contaminated Site" means a "contaminated site" as defined in the Environmental Management Act;

"Contamination" means, for the purposes of Chapter 2 Lands, "contamination" as defined in the Environmental Management Act;

"Crown" means Her Majesty the Queen in right of Canada or Her Majesty the Queen in right of British Columbia, as the case may be;

"Crown Corridor" means the lands identified as "Crown Corridors" in Appendix D;

"Cultural Purposes" means the use of Monumental Cedar and Cypress for a purpose that:

a. was integral to the culture of a Maa-nulth First Nation before contact;

b. is primarily for totem poles, dugout canoes, or long beams and poles to build longhouses, community halls or similar community structures; and

c. is not carried out for profit, commercial purpose, Trade and Barter, individual or community gain, residential building construction, structures associated with a residential building, or for providing firewood for individual needs;

"Current FDDIPI" means FDDIPI for the most recent quarter published by Statistics Canada immediately before a statement is provided to each Maa-nulth First Nation in accordance with 17.1.1 or 17.1.2;

"Designated Migratory Bird Population" means a population of a species of Migratory Bird that has been designated by the Minister in accordance with 12.10.1;

"Designated Wildlife Species" means a species of Wildlife, or an identifiable population of a species of Wildlife, for which the Minister has determined that there should be a Total Allowable Wildlife Harvest in the Wildlife Harvest Area, or any portion thereof;

"Diana Island" means the provincial Crown land described as "Subject Lands" in Appendix W;

"Direct" , for the purposes of Chapter 19 Taxation, has the same meaning, for the purposes of distinguishing between a direct tax and an indirect tax, as in class 2 of section 92 of the Constitution Act, 1867;

"Director" means an individual designated as director by the Minister of Children and Family Development under the Child, Family and Community Service Act or the Adoption Act;

"Disagreement" means any matter to which Chapter 25 Dispute Resolution applies;

"Dispose" means, except in Chapter 19 Taxation, to transfer by any method including to assign, give, sell, grant, charge, convey, bequeath, devise, lease, divest, release, and to agree to do any of those things;

"Domestic Fishing Area" means:

a. for all species of Fish and Aquatic Plants other than Inter-tidal Bivalves, the area described as the "Maa-nulth Domestic Fishing Area" in Appendix N, and

b. for Inter-tidal Bivalves, each area described as "Inter-tidal Bivalve Harvest Area" in Part 1 of Appendix P;

"Domestic Purposes" means food, social and ceremonial purposes;

"Effective Date" means the date upon which this Agreement takes effect;

"Electoral Area" means "electoral area" as defined in the Local Government Act;

"Electoral Area Director" means "electoral area director" as defined in the Local
Government Act;

"Eligible Voter" means an individual who:

a. is eligible to vote in accordance with 28.2.7; or

b. votes in accordance with 28.2.8 and whose vote is counted in accordance with 28.2.9;

"Enhancement Initiative" means an initiative that is intended to result in an increase in Fish stocks through:

a. an artificial improvement to Fish habitat; or

b. the application of Fish culture technology;

"Enrolment Appeal Board" means the appeal board established in accordance with 26.6.2 and 26.6.3;

"Enrolment Committee" means the committee established in accordance with 26.4.1;

"Enrolment Register" means the register of the Maa-nulth-aht of a Maa-nulth First Nation;

"Environment" means the components of the earth including:

a. air, land and water;

b. all layers of the atmosphere;

c. all organic and inorganic matter and living organisms; and

d. the interacting natural systems that include components referred to in a. to c.;

"Environmental Assessment" means an assessment of the environmental effects of a project;

"Environmental Emergency" means an uncontrolled, unplanned, or accidental release, or release in contravention of laws or regulations, of a substance into the Environment, or the reasonable likelihood of such a release into the Environment, that:

a. has or may have an immediate or long term harmful effect on the Environment; or

b. constitutes or may constitute a danger in Canada to human life or health;

"FDDIPI" means the Final Domestic Demand Implicit Price Index for Canada, series D100466, published regularly by Statistics Canada in Matrix 10512: Implicit Price Indexes, Gross Domestic Product or its replacement series as specified by Statistics Canada;

"Federal Expropriating Authority" means Canada or any other entity authorized under federal legislation to expropriate land or an Interest in land;

"Federal Law" includes federal statutes, regulations, ordinances, Orders-in-Council and the common law;

"Federal Project" means a "project" as defined in the Canadian Environmental Assessment Act, that is subject to an Environmental Assessment under the Canadian Environmental Assessment Act;

"Federal Settlement Legislation" means the legislation of Parliament contemplated by 1.1.4;

"First Nation Government in British Columbia " means the government of a First Nation in British Columbia which has a treaty or a land claims agreement in effect with Canada and British Columbia ;

" Fiscal Financing Agreement" means an agreement negotiated among a Maa-nulth First Nation, Canada and British Columbia in accordance with Chapter 18 Fiscal Relations;

"Fiscal Year" means a one-year period commencing on April 1 of one calendar year and ending on March 31 of the subsequent calendar year;

"Fish" means:

a. fish;

b. shellfish, crustaceans and marine animals;

c. the parts of fish, shellfish, crustaceans and marine animals; and

d. the eggs, sperm, spawn, larvae, spat, juvenile stages and adult stages of fish, shellfish, crustaceans and marine animals;

"Foreshore Agreement" meansan agreement entered into between British Columbia and a Maa-nulth First Nation in accordance with 14.5.1;

"Foreshore Area" means, in relation to a Maa-nulth First Nation, those provincial Crown lands adjacent to its Maa-nulth First Nation Lands identified in a Foreshore Agreement in relation to which that Maa-nulth First Nation will exercise law-making authority in accordance with 14.5.2b;

"Forest District" means a "forest district" as established under the Forest Act;

"Forest Practices" means Timber harvesting, road construction, road maintenance, road use, road deactivation, botanical forest products collecting, fire use and silviculture treatments, including grazing for the purposes of brushing, but does not include Timber marking or scaling, manufacture of Timber or export of Timber;

"Forest Resources" means all Timber Resources and Non-Timber Resources, including all biota, but does not include Wildlife, Migratory Birds, water, Groundwater, Fish and Aquatic Plants;

"Former Federal Lands" means any lands which are transferred to a Maa-nulth First Nation on the Effective Date which were under the ownership, administration or control of Canada immediately before the Effective Date;

"Former Indian Reserves" means the lands described in Part 1(a) of Appendices B-1 to B-5;

"Fossils" mean remains, traces or imprints of animals or plants that have been preserved in rocks including bones, shells, casts and tracks;

"Gathering Plan" means a plan prepared by a Maa-nulth First Nation in accordance with 24.6.6 and 24.6.7;

"Geothermal Resources" means the natural heat of the earth and all substances that derive an added value from it, including steam, water and water vapour heated by the natural heat of the earth and all substances dissolved in the steam, water and water vapour, but not including:

a. water that has a temperature less than 80 oC at the point where it reaches the surface; or

b. hydrocarbons;

"Gravel" means gravel, rock, random borrow materials and sand;

"Gravel Pit Development Plan" means a written description of the development, use, and closure of a Gravel pit that contains information such as its location, size and extent, access roads, soil and Gravel descriptions, topographical and geotechnical mapping, developmental plans, anticipated volumes of Gravel extracted per time period, reporting and reclamation;

"Groundfish" means groundfish but does not include Rockfish, halibut, sablefish, skates, tunas, pile perch and hake;

"Groundwater" means water below the surface of the ground;

"Ha'wiih" means hereditary chiefs who hold their positions in accordance with Nuu-chah-nulth custom;

"Heritage Site" means a site of archaeological, historical or cultural significance including graves and burial sites;

"Huu-ay-aht First Nations" means that Maa-nulth First Nation referred to as the "Huu-ay-aht First Nations" established as a legal entity in accordance with this Agreement;

"Implementation Plan" means the implementation plan described in 27.2.1;

"Indian" means an "Indian" as defined in the Indian Act;

"Indian Band" means a "band" as defined in the Indian Act;

"Indian Reserve" means a "reserve" as defined in the Indian Act;

"Initial Enrolment Period" means:

a. for the purposes of the Enrolment Committee, from April 1, 2005 to the day before the second anniversary of the Effective Date; and

b. for the purposes of the Enrolment Appeal Board, from the Effective Date to the day before the second anniversary of the Effective Date;

"Intellectual Property" includes any intangible property right resulting from intellectual activity in the industrial, scientific, literary and artistic fields, including, but not limited to, any rights relating to patents, copyrights, trademarks, industrial designs or plant breeders' rights;

"Interests" includes estates, interests, charges, mineral claims, encumbrances, licences and permits;

"International Legal Obligation" means an international obligation binding on Canada under international law, including those that are in force before, on, or after the Effective Date;

"International Treaty" means an agreement governed by international law and concluded in written form:

a. between states; or

b. between one or more states and one or more international organizations,

whether that agreement is embodied in a single instrument or in two or more related instruments and whatever its particular designation;

"International Tribunal" means any international court, committee, treaty body, tribunal, arbitral tribunal, or other international mechanism or procedure which has jurisdiction to consider the performance of Canada with regard to the International Legal Obligation in question;

"Inter-tidal Bivalves" means manila clams, varnish clams, butter clams, native littleneck clams, razor clams and oysters;

"Invoiced Resource Amount" means an amount determined in accordance with the Resource Revenue Sharing Agreement;

"Joint Fisheries Committee" means the committee established in accordance with 10.4.3 and 10.4.4 ;

"Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations" means that Maa-nulth First Nation referred to as the "Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations" established as a legal entity in accordance with this Agreement;

"Land Surveyor" means a "practicing land surveyor" as defined in the Land Surveyors Act;

"List of Eligible Voters" means the list of Eligible Voters maintained by the Ratification Committee in accordance with 28.2.5b.;

"Litigation" means the Supreme Court of British Columbia Action No. S033335,
Vancouver Registry;

"Local Government" means "local government" as defined in the Local Government Act;

"Maa-nulth First Nation" means any of the collectivities of those individuals who are eligible to be enrolled under this Agreement and that become one of the legal entities that is a Party to this Agreement, namely:

a. Huu-ay-aht First Nations;

b. Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations;

c. Toquaht Nation;

d. Uchucklesaht Tribe; and

e. Ucluelet First Nation;

"Maa-nulth First Nation Archaeological Human Remains" means human remains that are not the subject of a police or a coroner investigation, and are determined to be of aboriginal ancestry of the applicable Maa-nulth First Nation;

"Maa-nulth First Nation Area" means, in respect of a Maa-nulth First Nation, the area described as "Maa-nulth First Nation Area" for that Maa-nulth First Nation in Appendix A and "Maa-nulth First Nation Areas" means every Maa-nulth First Nation Area;

"Maa-nulth First Nation Artifact" means any object created by, traded to, commissioned by, or given as a gift to a Maa-nulth First Nation individual, a Maa-nulth First Nation, or a Maa-nulth First Nation Public Institution or that originated from a Maa-nulth First Nation, past or present, and that has past and ongoing importance to a Maa-nulth First Nation's culture or spiritual practices, but does not include any object traded to, commissioned by, or given as a gift to another aboriginal group;

"Maa-nulth First Nation Capital" means all land, cash and other assets transferred to, or recognized as owned by, a Maa-nulth First Nation under this Agreement;

"Maa-nulth First Nation Certificate" means a certificate of a Maa-nulth First Nation Government described in 3.5.1b;

"Maa-nulth First Nation Child" means a Maa-nulth-aht under the age of majority in accordance with Provincial Law;

"Maa-nulth First Nation Citizen" means an individual who becomes a citizen of a Maa-nulth First Nation under a Maa-nulth First Nation Law;

"Maa-nulth First Nation Community Watershed Lands" means the Maa-nulth First Nation Lands described as "Subject Lands" in Appendix T;

"Maa-nulth First Nation Constitution" means the constitution of a Maa-nulth First Nation provided for in 13.3.0;

"Maa-nulth First Nation Corporation" means a corporation that is incorporated under Federal Law or Provincial Law, all of the shares of which are owned legally and beneficially by a Maa-nulth First Nation, a Maa-nulth First Nation settlement trust, a Maa-nulth First Nation Corporation Intermediary, or any combination of those entities;

"Maa-nulth First Nation Corporation Intermediary" means a corporation that is incorporated under Federal Law or Provincial Law, all of the shares of which are owned legally and beneficially by a Maa-nulth First Nation, a Maa-nulth First Nation settlement trust, another Maa-nulth First Nation Corporation Intermediary, or any combination of those entities ;

"Maa-nulth First Nation Family "means one or both parents or guardians living together with one or more Children where:

a. at least one of the parents or guardians is a Maa-nulth First Nation Citizen or a Maa-nulth-aht of the applicable Maa-nulth First Nation; or

b. at least one of the Children is a Maa-nulth First Nation Child;

"Maa-nulth First Nation Fishing Right" means the right of a Maa-nulth First Nation to harvest Fish and Aquatic Plants, described in 10.1.1 and "Maa-nulth First Nation Fishing Rights" means every Maa-nulth First Nation Fishing Right;

"Maa-nulth First Nation Government" means the government of a Maa-nulth First Nation referred to in 13.1.2;

"Maa-nulth First Nation Lands" means the lands described in Part 1(a) and Part 2(a) of Appendices B-1 to B-5 and Part 3 of Appendix B-5;

"Maa-nulth First Nation Law" means:

a. any law made by a Maa-nulth First Nation Government under a law-making authority provided for in this Agreement; and

b. a Maa-nulth First Nation Constitution;

"Maa-nulth First Nation Private Lands" means Maa-nulth First Nation Lands that are designated as "Maa-nulth First Nation Private Lands" by the applicable Maa-nulth First Nation in accordance with 5.2.0;

"Maa-nulth First Nation Public Institution" means a body, board, commission or any other similar entity established under Maa-nulth First Nation Law, made under 13.11.1a., including a school board or health board;

"Maa-nulth First Nation Public Lands" means Maa-nulth First Nation Lands other than Maa-nulth First Nation Private Lands;

"Maa-nulth First Nation Renewable Resource Harvesting Right" means the right of a Maa-nulth First Nation to harvest renewable resources described in 23.1.1;

"Maa-nulth First Nation Right to Gather Plants" means the right of a Maa-nulth First Nation to gather Plants and the boughs, burls and roots of Timber described in 24.6.0;

"Maa-nulth First Nation Right to Harvest Migratory Birds" means the right of a Maa-nulth First Nation to harvest Migratory Birds described in 12.1.1;

"Maa-nulth First Nation Right to Harvest Wildlife" means the right of a Maa-nulth First Nation to harvest Wildlife described in 11.1.0;

"Maa-nulth First Nation Road" means any road , including the road allowance, that forms part of Maa-nulth First Nation Lands;

"Maa-nulth First Nation Section 35 Rights" means the rights, anywhere of a Maa-nulth First Nation, that are recognized and affirmed by section 35 of the Constitution Act, 1982;

"Maa-nulth First Nations" means every Maa-nulth First Nation ;

"Maa-nulth Fish Allocation" means, in respect of the Maa-nulth First Nation Fishing Rights:

a. a defined harvest quantity or quota, of a species of Fish or Aquatic Plant;

b. a harvest quantity determined by the use of a formula, of a species of Fish or Aquatic Plant; or

c. a defined harvest area, within the Domestic Fishing Area;

"Maa-nulth Fisheries Operational Guidelines" means the guidelines described in 10.4.39;

"Maa - nulth Harvest Agreement " means the agreement contemplated by 10.2.1;

"Maa-nulth Harvest Document" means any licence, permit or document, or amendment thereto, issued by the Minister under Federal Law or Provincial Law in respect of a Maa-nulth First Nation Fishing Right;

"Maa-nulth Indian Band" means any of Huu-ay-aht First Nations, Ka:'yu:'k't'h'/Che: k:tles7et' h' First Nations, Toquaht Band, Uchucklesaht Band and Ucluelet First Nation, each of which was, immediately before the Effective Date, a "band" as defined in the Indian Act, and "Maa-nulth Indian Bands" means every Maa-nulth Indian Band;

"Maa-nulth Permit" means any licence, permit or document, or amendment thereto, issued by the Minister under Federal Law in respect of a Maa-nulth First Nation Renewable Resource Harvesting Right;

"Maa-nulth Wildlife Allocation" means a defined harvest quantity or quota, or harvest quantity or quota determined by the use of a formula, of a Designated Wildlife Species for the Maa-nulth First Nations in the Wildlife Harvest Area, or any portion thereof;

"Maa-nulth-aht" means an individual who is on the Enrolment Register of a Maa-nulth First Nation;

"Migratory Bird Harvest Area" means that area described as the "Maa-nulth Migratory Birds Harvest Area" in Appendix R, but does not include land owned by Canada;

"Migratory Birds" means migratory birds as defined under Federal Law enacted further to international conventions that are binding on British Columbia, including the eggs of those birds;

"Mineral" means an ore of metal or natural substance that can be mined including rock and other materials from mine tailings, dumps and previously mined deposits of minerals;

"Minister" means the federal or provincial minister having responsibility, from time to time, for the exercise of powers in relation to the matter in question, and any person with authority to act in respect of the matter in question;

"Monumental Cedar and Cypress" means a Thuja plicata (western red cedar) or a Chamaecyparis nootkatensis (yellow cedar) that is:

a. 250 years or older; and

b. at least 100 centimetres diameter at 1.3 meters above germination point;

"Municipality" means "municipality" as defined in theLocal Government Act;

"Nahmint Harvest Area" means those lands described as the "Nahmint Harvest Area" in Plan 2 of Appendix Q-3;

"National Marine Conservation Area" includes a national marine conservation area reserve and means lands and water areas named and described in the schedules to the Canada National Marine Conservation Areas Act and administered under Federal Law;

"National Park" includes a national park reserve and means lands and waters named and described in the schedules to the Canada National Parks Act and administered under Federal Law;

"Natural Gas" means all fluid hydrocarbons that are not defined as Petroleum including coalbed gas and hydrogen sulphide, carbon dioxide and helium produced from a well;

"Negotiation Loan Repayment Plan" means the timetable, for the repayment of negotiation loan funding by a Maa-nulth First Nation, described in Schedule 2 of Chapter 16 Capital Transfer and Negotiation Loan Repayment;

"Neutral" means an individual appointed to assist the Parties to resolve a Disagreement and, except in 25.6.5 and Appendix Y-5, includes an arbitrator;

"Neutral Appointing Authority" means the British Columbia International Commercial Arbitration Centre, or if the centre is unavailable to make a required appointment, any other independent and impartial body or individual acceptable to the Parties;

"Non-Member" means an individual, who has reached the age of majority under Provincial Law, who is ordinarily resident on Maa-nulth First Nation Lands and who is not a Maa-nulth-aht;

"Non-Timber Resources" means all Forest Resources, other than Timber Resources, including medicinal plants, fungi, branches, bark, cones, bushes, roots, moss, mushrooms, ferns, floral greens, herbs, berries, seeds and plants associated with grazing;

"Nuu-chah-nulth Artifact" means those objects held at the Effective Date in the permanent collections of the Canadian Museum of Civilization, Parks Canada Agency or the Royal British Columbia Museum that are identified as "Nuu-chah-nulth" or "Nootka" in their documentation;

"Nuu-chah-nulth First Nation" means Ahousaht First Nation, Ditidaht First Nation, Ehattesaht First Nation, Hesquiat First Nation, Huu-ay-aht First Nations, Hupacasath First Nation, Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations, Mowachaht/Muchalaht First Nation, Nuchatlaht First Nation, Pacheedaht First Nation, Tla-o-qui-aht First Nations, Toquaht Nation, Tseshaht First Nation, Uchucklesaht Tribe or Ucluelet First Nation;

"Office Holder" means an elected or appointed member of a Maa-nulth First Nation Government and does not include a Public Officer;

"Other Maa-nulth First Nation Lands" means lands owned by a Maa-nulth First Nation that are not Maa-nulth First Nation Lands;

"Pacific Rim National Park" means federal Crown lands and waters named and described as "Pacific Rim National Park" in the schedules to the Canada National Parks Act;

"Pacific Rim National Park Reserve" means the federal Crown lands and waters named and described as "Pacific Rim National Park Reserve" in the schedules to the Canada National Parks Act;

"Participating Party" means a Party that:

a. is required or agrees to participate in; or

b. initiates,

a process described in Chapter 25 Dispute Resolution to resolve a Disagreement;

"Parties" means each Maa-nulth First Nation, Canada and British Columbia and "Party" means any one of them;

"Periodic Review Date" means the 15 th anniversary of the Effective Date or a date that occurs every 15 years after that date;

"Person" for the purposes of Chapter 19 Taxation, includes an individual, a partnership, a corporation, a trust, an unincorporated association or other entity or government or any agency or political subdivision thereof, and their heirs, executors, administrators and other legal representatives;

"Petroleum" means crude petroleum and all other hydrocarbons, regardless of specific gravity, that are or can be recovered in liquid form from a pool or that are or can be recovered from oil sand or oil shale;

"Placer Mineral" means ore of metal and every natural substance that can be mined and that is either loose, or found in fragmentary or broken rock that is not talus rock and occurs in loose earth, gravel and sand, including rock or other materials from placer mine tailings, dumps and previously mined deposits of placer minerals;

"Plants" means all flora and fungi but does not include Aquatic Plants or Timber Resources except for the bark of Timber Resources;

"Power Harvest Area" means those lands described as the "Power Harvest Area" in Plan 3 of Appendix Q-3;

"Power River Watershed Protected Area" means the area described as "Subject Lands" in Appendix V;

"Preliminary Enrolment Register" means the register maintained by the Enrolment Committee before the Effective Date in accordance with 26.4.4b.;

"Private Land" means land that is not Crown land;

"Provincial Expropriating Authority" means a provincial ministry or agency or any person who would otherwise have the authority to expropriate land under provincial legislation;

"Provincial Law" includes provincial statutes, regulations, ordinances, Orders-in-Council, by-laws and the common law;

"Provincial Project" means a "reviewable project" as defined in the British Columbia Environmental Assessment Act, that is subject to an Environmental Assessment under the British Columbia Environmental Assessment Act;

"Provincial Protected Area" means provincial Crown land established or designated as provincial park, ecological reserve, conservancy or protected area under Provincial Law;

"Provincial Road" means a road under the administration and control of British Columbia;

"Provincial Settlement Legislation" means the legislation of the Legislature of British Columbia contemplated by 1.1.5;

"Provincial Timber Resources" means trees, whether living, standing, dead, fallen, limbed, bucked or peeled, other than Christmas trees, harvested on provincial Crown land;

"Public Officer" means:

a. a member, commissioner, director or trustee of a Maa-nulth First Nation Public Institution;

b. a director of a Maa-nulth First Nation Corporation whose principal function is to provide public programs or services reasonably similar to those provided by federal, provincial or Municipal governments, rather than to engage in commercial activities;

c. an officer or employee of a Maa-nulth First Nation, a Maa-nulth First Nation Public Institution, Maa-nulth First Nation Government or a Maa-nulth First Nation Corporation, whose principal function is to provide public programs or services reasonably similar to those provided by federal, provincial or Municipal governments, rather than to engage in commercial activities;

d. an election official within the meaning of a Maa-nulth First Nation Law; or

e. a volunteer who participates in the delivery of services by a Maa-nulth First Nation, a Maa-nulth First Nation Public Institution, Maa-nulth First Nation Government or a body referred to in subparagraph b or c, under the supervision of an officer or employee of a Maa-nulth First Nation, a Maa-nulth First Nation Public Institution, Maa-nulth First Nation Government or a body referred to in subparagraph b or c;

"Public Utility" means a person, or the person's lessee, trustee, receiver or liquidator that owns or operates in British Columbia equipment or facilities for the:

a. production, gathering, generating, processing, storage, transmission, sale, supply, distribution or delivery of petroleum (including petroleum products or by-products), gas (including natural gas, natural gas liquids, propane and coalbed gas), electricity, steam, water, sewage, or any other agent for the production of light, heat, cold or power; or

b. emission, conveyance, transmission or reception of information, messages or communications by guided or unguided electromagnetic waves, including systems of cable, microwave, optical fibre or radio communications, if that service is offered to the public for compensation,

and for the purposes of this definition, person includes a partnership or agent of the Crown and, for greater certainty, a corporation, including a Crown corporation;

"Quin-E-Ex Lands" means those lands i dentified as the former Quin-E-Ex Indian Reserve, District Lot 708, RupertDistrict, Plan 63175, in Appendix B-2, Part 1(a);

"Range Practices" means:

a. grazing of livestock;

b. cutting of hay;

c. activities related to grazing of livestock or cutting of hay; or

d. activities related to constructing, modifying, or maintaining a structure, an excavation, a livestock trail, or an improvement to forage quality or quantity for purposes of range development;

"Range Resources" means those plant communities that are associated with grazing;

"Ratification Committee" means the committee established in accordance with 28.2.3;

"Regional District " means "regional district" as defined in the Local Government Act;

"Regional District Board" means "board" as defined in the Local Government Act;

"Regional District Board Director" means "director" as defined in the Local Government Act, and in relation to a Maa-nulth First Nation, a member of its Maa-nulth First Nation Government appointed to the Board of the applicable Regional District in accordance with Chapter 14 Regional Government;

"Registrar" means the "registrar" as defined in the Land Title Act;

"Registrar of Regulations" means the "registrar" as defined in the British Columbia Regulations Act;

"Renewable Resource Harvesting Activities" means:

a. gathering of traditional foods for Domestic Purposes other than Fish and Aquatic Plants for Domestic Purposes, which are provided for in Chapter 10 Fisheries;

b. gathering of Plants and Timber Resources for medicinal, ceremonial or artistic purposes;

c. trapping of fur-bearing land mammals; and

d. hunting of birds and land mammals for Domestic Purposes,

in accordance with Chapter 23 Federal Parks and Protected Areas;

"Renewable Resource Harvesting Area" means, in respect of a Maa-nulth First Nation, the land and non-tidal waters of a National Park or National Marine Conservation Area within its Maa-nulth First Nation Area;

"Resource Revenue Sharing Agreement" means the agreement setting out the procedures for arriving at the Invoiced Resource Amount that is signed by the Parties and in effect on Effective Date, as amended from time to time;

"Responsible Person" means a "responsible person" as defined in the Environmental Management Act;

"Review Period" means a time period beginning on a Periodic Review Date, and ending on a date six months later, or such other date as the Parties may agree;

"Rockfish" has the same meaning as in the Pacific Fisheries Regulations, 1993;

"Safety and Well-Being of Children" includes those guiding principles under section 2 of the Child, Family and Community Service Act;

"Schedule" means a schedule to a Chapter;

"Settlement Legislation" means Federal Settlement Legislation and Provincial Settlement Legislation;

"Site Profile" means "site profile" as defined in the Environmental Management Act;

"Specific Claim Settlement" means any sum paid by Canada to a Maa-nulth First Nation in settlement of that Maa-nulth First Nation's claim brought under the Specific Claims Policy;

"Specific Claims Policy" means the policy described in Canada's "Outstanding Business – A Native Claim Policy: Specific Claims (1982)";

"Stewardship Activity" means an activity conducted for the assessment, monitoring, protection and management of Fish and Fish habitat ;

"Stopper Islands" means the provincial Crown land described as "Subject Lands" in Appendix X;

"Stream" means a natural watercourse or source of water supply, whether usually containing water or not, and a lake, river, creek, spring, ravine, swamp and gulch, but does not include Groundwater;

"Submerged Lands" means lands below the "natural boundary" as defined in the Land Act;

"Subsurface Resources" mean:

a. earth, including diatomaceous earth, soil, peat, marl, sand and gravel;

b. slate, shale, argillite, limestone, marble, clay, gypsum, volcanic ash, rock, riprap and stone products;

c. Minerals, including Placer Minerals;

d. coal, Petroleum and Natural Gas;

e. Fossils; and

f. Geothermal Resources;

"Subsurface Tenures" means those subsurface tenures:

a. listed in Appendices E-12, E-13 and E-15; and

b. that exist on any lands added to Maa-nulth First Nation Lands immediately before the parcel of land becomes Maa-nulth First Nation Lands;

"Surrendered Lands" means "surrendered lands" as defined in the Indian Act;

"Survey Protocol" means the priority to be given to, the timing of, and the order in which, the surveys will be completed in accordance with 2.5.1, having regard to the following:

a. the priorities of the applicable Maa-nulth First Nation;

b. efficiency and economy, including the availability of qualified, reasonably priced Land Surveyors; and

c. the necessity to clarify the boundaries because of imminent public or private development on adjacent lands;

"Tahsish Harvest Area" means those lands described as the "Tahsish Harvest Area" in Plan 4 of Appendix Q-3;

"Telus" means TELUS Communications Inc., a corporation incorporated under Federal Law, or its successor;

"Tenured Subsurface Resources" means those Subsurface Resources subject to Subsurface Tenures;

"Thunderbird's Nest ( T'iitsk'in Paawats ) Protected Area" means the area described as "Subject Lands" in Appendix U;

"Timber" or "Timber Resources" means trees, whether living, standing, dead, fallen, limbed, bucked or peeled;

"Time Limited Federal Funding" means "Time Limited Federal Funding" as defined in the initial Fiscal Financing Agreement of a Maa-nulth First Nation;

"Time Limited Provincial Funding" means "Time Limited Provincial Funding" as defined in the initial Fiscal Financing Agreement of a Maa-nulth First Nation;

"Toquaht Nation" means that Maa-nulth First Nation referred to as the "Toquaht Nation" established as a legal entity in accordance with this Agreement;

"Total Allowable Migratory Bird Harvest" means the maximum number of a Designated Migratory Bird Population that may be harvested by all harvesters in a specified period of time;

"Total Allowable Wildlife Harvest" means the maximum number of a Designated Wildlife Species that may be harvested by all harvesters each year in the Wildlife Harvest Area, or any portion thereof;

"Trade and Barter" does not include sale;

"Transaction Tax" includes a tax imposed under:

a. the Motor Fuel Tax Act;

b. the Social Service Tax Act, (except those sections pertaining to alcohol);

c. the Tobacco Tax Act;

d. the Property Transfer Tax Act;

e. the Hotel Room Tax Act;

f. section 4 of the Insurance Premium Tax Act; and

g. Part IX of the Excise Tax Act;

"Transition Date" means, in respect of each Maa-nulth First Nation, that date which is the earlier of:

a. the tenth anniversary of the Effective Date; or

b. the date upon which that Maa-nulth First Nation becomes a member of the applicable Regional District and appoints a Regional District Board Director to the Regional District Board of that Regional District in accordance with 14.3.1;

"Transition Period" means, in respect of each Maa-nulth First Nation, the period of time from the Effective Date to the Transition Date of that Maa-nulth First Nation;

"Treaty Vote" means the ratification vote by the Eligible Voters on the List of Eligible Voters of a Maa-nulth First Nation on this Agreement in accordance with Chapter 28 Ratification;

"Uchucklesaht Tribe" means that Maa-nulth First Nation referred to as the "Uchucklesaht Tribe" established as a legal entity in accordance with this Agreement;

"Ucluelet First Nation" means that Maa-nulth First Nation referred to as the "Ucluelet First Nation" established as a legal entity in accordance with this Agreement;

"Water Licence" means a licence, approval or other authorization under Provincial Law for the storage, diversion, extraction or use of water and for the construction, maintenance and operation of works;

"Wildfire Suppression Agreement" means an agreement entered into by British Columbia, Canada and a Maa-nulth First Nation in accordance with 9.6.2;

"Wildlife" means:

a. all vertebrate and invertebrate animals, including all mammals, birds, reptiles, and amphibians; and

b. the eggs, juvenile stages and adult stages of all vertebrate and invertebrate animals,

but does not include Fish or Migratory Birds;

"Wildlife Council" means the wildlife council established by the Maa-nulth First Nations in accordance with 11.4.1;

"Wildlife Harvest Area" means the area identified as the "Maa-nulth Wildlife Harvest Area" in Appendix Q, but does not include lands owned by Canada;

"Wildlife Harvest Plan" means a harvest plan developed in accordance with 11.8.3 or 11.9.0; and

"Wildlife Sharing Agreement" means an agreement between a Maa - nulth First Nation and another First Nation entered into in accordance with 11.1.14.



SIGNATORIES TO THE AGREEMENT


SIGNED at Port Alberni on the 9th day of April, 2009
FOR HUU-AY-AHT FIRST NATIONS:

________________________________
Derek Peters
Ta'yii Hawilth
Huu-ay-aht First Nations

________________________________
Witnessed by Robert Botterell
________________________________
Robert Dennis Sr.
Chief Councillor
Huu-ay-aht First Nations
 





 

SIGNED at Houpsitas on the 24 day of July, 2008
FOR  KA:'YU:'K'T'H'/CHE:K'TLES7ET'H'  FIRST NATIONS:

________________________________
Christina Cox
Tyee Ha'wilth (Hereditary Chief)
Ka:'yu:'k't'h' First Nation


________________________________
Francis Gillette
Tyee Ha'wilth (Hereditary Chief)
Che:k'tles7et'h' First Nation



________________________________
Witnessed by:
Peter Hanson
Treaty Manager
Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations


________________________________
Therese Smith
Chief Councillor
Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations
 









SIGNED at Ittatsoo on the 22 day of July, 2008
FOR TOQUAHT NATION:

________________________________
Bert Mack
Hereditary Chief

________________________________
Witnessed by:




SIGNED at Ittatsoo on the 22 day of July, 2008
FOR UCHUCKLESAHT TRIBE:

________________________________
Charlie Cootes
Chief Councillor

________________________________
Witnessed by:



 


SIGNED at Ittatsoo on the 22 day of July, 2008
FOR UCLUELET FIRST NATION:

________________________________
Vi Mundy
Chief Councillor
________________________________
Witnessed by:

________________________________
Wilson Jack
Tyee Ha'wilth
(Hereditary Chief)

________________________________
Witnessed by:




SIGNED at Port Alberni on the 9th day of April, 2009
FOR HER MAJESTY THE QUEEN IN RIGHT OF CANADA:

________________________________
The Honourable Chuck Strahl, P.C., M.P.
Minister of Indian Affairs and
Northern Development
________________________________
Witnessed by:
Eric Denhoff
Chief Federal Negotiator



SIGNED at Houpsitas on the 24 day of July, 2008
FOR HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA:

________________________________
The Honourable Michael de Jong, Minister
Aboriginal Relations and Reconciliation
________________________________
Witnessed by:
Mark Lofthouse
Chief Provincial Negotiator





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