Annual Report Appendices
Appendix 1: British Columbia Treaty Commission
Six-Stage Process
The six-stage treaty process is set out in the British Columbia Claims Task Force Report of 1991 and incorporated in the tripartite British Columbia Treaty Commission Agreement of 1992. The process is voluntary and open to all First Nations in British Columbia.
Stage 1 — Statement of intent to negotiate
A First Nation files with the British Columbia Treaty Commission a statement of intent to negotiate with Canada and British Columbia. The statement of intent:
- identifies the First Nation's governing body and the people that body represents
- shows that the governing body has a mandate to enter the treaty process
- describes the geographic area of the First Nation's traditional territory in British Columbia
- identifies any overlaps in territory with other First Nations.
Stage 2 — Readiness to negotiate
The Treaty Commission must convene an initial meeting of the three parties within 45 days of receiving a statement of intent. For most First Nations, this will be the first occasion on which they sit down at a treaty table with representatives of Canada and British Columbia. This meeting allows the Treaty Commission and the parties to exchange information, consider the criteria for determining the parties' readiness to negotiate and generally identify issues of concern. Each party must demonstrate that it has:
- a commitment to negotiate
- a qualified negotiator who has been given a clear mandate
- sufficient resources to undertake negotiations
- a ratification procedure.
In addition, the First Nation must have a plan for addressing any issues of overlapping territory with neighbouring First Nations. The governments of Canada and British Columbia must have a formal means of consulting with other parties, including local governments and interest groups.
Stage 3 — Negotiation of a framework agreement
The three parties negotiate a framework agreement, which identifies the issues to be negotiated, goals, procedures and a timetable for negotiations. Canada and British Columbia engage in public consultation at the regional and local levels. The parties establish a public information program that will continue throughout the negotiations.
Stage 4 — Negotiation of an Agreement-in-Principle
The three parties examine in detail the issues identified in the framework agreement, with the goal of reaching an Agreement-in-Principle. The Agreement-in-Principle identifies and defines a range of rights and obligations, and forms the basis for the treaty. The parties also begin to plan for implementation of the treaty.
Stage 5 — Negotiation to finalize a treaty
Technical and legal issues are resolved to produce a Final Agreement that embodies the principles outlined in the Agreement-in-Principle and formalizes the new relationship among the parties. The treaty formalizes the new relationship among the parties and embodies the agreements reached in the Agreement-in-Principle. Once signed and formally ratified, the Final Agreement becomes a treaty.
Stage 6 — Implementation of the treaty
Plans to implement the treaty are put into effect or phased in as agreed. Long-term implementation plans need to be tailored to specific agreements. The table remains active in order to oversee implementation of the treaty.
Appendix 2: Service Plan Changes Summary
The Ministry of Aboriginal Relations and Reconciliation was established in the summer of 2005. A revised service plan, 2005/06 – 2007/08 Service Plan Update September 2005 was then published to reflect this amalgamation of the former Treaty Negotiations Office and the Ministry of Community, Aboriginal and Women's Service's Aboriginal Directorate division to reflect the Ministry's new mandate.
The new Ministry then undertook some time to revise its goals, objectives and performance measures to more accurately align with its new mandate as presented in the 2006/07 – 2008/09 Service Plan and utilization of its resources. The following two tables outline these changes.
| Goals and Objectives 2005/06 September Service Plan Update |
Goals and Objectives 2006/07 Service Plan |
||
| Goal | Objective | Goal | Objective |
| 1. Increased social and economic stability and investment in the province through greater certainty over Crown lands and resources. | 1.1 Concluded agreements that define rights and responsibilities between parties and facilitate economic development. | 1. Conclude treaties and other lasting agreements on Crown lands and natural resources with First Nations. | 1.1 Conclude agreements that define rights and responsibilities and facilitate economic development. |
| 2. Social and economic opportunities and well-being for Aboriginal people. | 2.1 Social and economic outcomes for Aboriginal people are improved. | 2. Improve social and economic outcomes for Aboriginal people. | 2.1 Cross-government implementation of programs and services to address socio-economic disparities. |
| 3. Build strong and respectful relationships between government and Aboriginal organizations based on a shared commitment to reconciliation and recognition. | 3.1 Build trust with Aboriginal people through a reconciliation and recognition framework. | 3. Build strong and respectful relationships between government and Aboriginal organizations. | 3.1 Build trust with Aboriginal people through a reconciliation and recognition framework. |
| 3.2 Foster engagement with Aboriginal people in government decisions that impact Aboriginal communities. | |||
| 4. Optimal and cost-effective planning, management, administrative and operational support. | 4.1 Improve administrative operations through innovative business practices and technology. | No goal identified here. | |
Performance Measurement Changes Summary
| Goals and Performance Measures 2005/06 September Service Plan Update | Goals and Performance Measures 2006/07 Service Plan |
||||
| Goal | Performance Measure | Change | Goal | Performance Measure | Change |
| 1. Increased social and economic stability and investment in the province through greater certainty over Crown lands and resources. | 1.1 Percentage of B.C. Crown land covered by certainty arrangements. | 1.1 remained 1.1 (wording change) | 1. Conclude treaties and other lasting agreements on Crown lands and natural resources with First Nations. | 1.1 Percentage of B.C. Crown land covered by agreements with First Nations. | |
| 1.2 Number of additional initialled final agreements and agreements-in-principle. | 1.2 became 1.4 (wording change) | 1.2. Number of new initiatives that partner First Nations or Aboriginal organizations with local governments and the private sector. | |||
| 1.3 Number of additional accommodation agreements/business arrangements. | 1.3 remained 1.3 (wording change) | 1.3 Number of new significant agreements or business arrangements between First Nations and government. | |||
| 1.4 Number of additional partnerships initiatives involving First Nations and community organizations, including local governments. | 1.4 became 1.2 (wording change) | 1.4 Number of treaty agreements or initiatives that build incremental progress towards treaties or other lasting agreements. | |||
| 2. Social and economic opportunities and wellbeing for Aboriginal people. | 2.1 Number of new organizational capacity partnerships, initiatives and projects. | 2.1 dropped | 2. Improve social and economic outcomes for Aboriginal people. | 2.1 Cross-government measurement framework for closing the socio-economic gap. | 2.1 added |
| 2.2 Number of Aboriginal businesses created or sustained by the First Citizens Fund (FCF) Business Loan Program (BLP). | 2.2 dropped | 2.2 Number of initiatives/actions undertaken through cross-government plans to assist in closing the socio-economic gap. | 2.2 added | ||
| 2.3 Number of jobs within Aboriginal businesses created or sustained by the FCF BLP. | 2.3 dropped | 2.3 Increased partnerships with federal government and Aboriginal organizations to improve social and economic programs and services. | 2.3 added | ||
| 3. Build strong and respectful relationships between government and Aboriginal organizations based on a shared commitment to reconciliation and recognition. | 3.1 Number of Forums that facilitate and strengthen relationships between Aboriginal political organizations and the government. | 3.1 remained 3.1 (with an increased emphasis on policy) | 3. Build strong and respectful relationships between government and Aboriginal organizations. | 3.1 Number of engagements with Aboriginal organizations on provincial policy development. | |
| 3.2 Number of actions taken to implement agreed joint activities. | 3.2 remained 3.2 (with an increased emphasis on written agree-ments) | 3.2 Number of agreements reached with Aboriginal organizations that foster reconciliation and recognition. | |||
| 3.3 Number of activities undertaken to build public awareness. | 3.3 remained 3.3 (wording change) | 3.3 Number of sessions/events undertaken to increase awareness of Aboriginal issues in British Columbia. | |||
| 3.4 First Nations consultation framework. | 3.4 added to reflect new mandate on the New Relationship | ||||
| 3.5 Implement a $100M New Relationship Fund. | 3.5 added to reflect new mandate on the New Relationship | ||||
| 4. Optimal and cost-effective planning, management, administrative and operational support. | 4.1 Percentage of employees with performance management plans. | 4.1 dropped | |||
| 4.2 Number of best practices adopted. | 4.2 dropped | ||||
Appendix 3: Boards, Committees and Councils
The Ministry of Aboriginal Relations and Reconciliation has direct responsibility for the following Boards, Commissions and Councils:
First Peoples' Heritage, Language and Culture Council
In partnership with government and other agencies, the First Peoples' Heritage, Language and Culture Council advises on, and manages, the delivery of several language and arts programs and develops resources to support the revitalization of Aboriginal languages, arts and cultures.
Native Economic Development Advisory Board
The Native Economic Development Advisory Board (NEDAB) was established in 1988. The Board's mission is to support sustainable Aboriginal economic development throughout British Columbia.
NEDAB provides policy, program and service advice to the Minister of Aboriginal Relations and Reconciliation. The Board advises government regarding appropriate strategies to support Aboriginal economic development and works in partnership with government to ensure that Aboriginal economic development initiatives are achieved in an environment of mutual respect and understanding.
New Relationship Trust Board
The Ministry of Aboriginal Relations and Reconciliation established a unique, $100 million fund to help First Nations build institutional and community capacity. This funding will help First Nations to participate in the management of lands and resources and to take advantage of economic, cultural and social opportunities in the province. The Trust is managed by a seven-member board of directors who are independent from government.
Nisga'a Implementation Committee
The Nisga'a Implementation Committee (NIC) is a tripartite committee established under the Nisga'a Final Agreement by Canada, British Columbia, and the Nisga'a Nation. Its purpose is to deal with the many issues surrounding implementation of the Nisga'a Final Agreement and also serves as a first forum to resolve issues amongst the parties.
Appendix 4: Legislation Administered by the Ministry of Aboriginal Relations and Reconciliation
First Peoples' Heritage, Language and Culture Act
The Act established the First Peoples' Heritage, Language and Culture Council as a provincial Crown corporation. The legislation defines the corporation's purposes, the membership of the board of directors and requirements for reporting to the provincial government on the corporation's activities. The legislation also establishes the First Peoples' Advisory Committee and defines the membership of the committee and its role in support of the Council.
Indian Advisory Act
This Act provides discretionary authority for the Lieutenant Governor in Council to establish the British Columbia Indian Advisory Committee.
Indian Cut-Off Lands Dispute Act
This Act provides the Ministry of Aboriginal Relations and Reconciliation with authority to negotiate a resolution of specific and cut-off claims with First Nations in British Columbia.
McLeod Lake Indian Band Treaty No. 8 Adhesion and Settlement Agreement Act
This Act sets out the authorities and obligations of the province for implementation of the McLeod Lake Indian Band Treaty No. 8 Adhesion and Settlement Agreement.
New Relationship Trust Act
This Act creates an independent corporation, governed by a Board of Directors, to manage the $100 million fund to provide First Nations with the tools, training and skills to participate in the New Relationship with government.
Nisga'a Final Agreement Act
This Act provides settlement legislation which brings into force the Nisga'a Final Agreement.
Sechelt Indian Government District Enabling Act
This Act recognizes the Sechelt Indian Band Self-Government Act(Canada), and grants some municipal type powers, representation with the regional district, and requires establishment of an Advisory Board to represent residents.
Special Accounts Appropriation and Control Act (Section 4)
This Act provides the Minister of Aboriginal Relations and Reconciliation with authority to spend interest earnings generated by the First Citizens Fund Special Account and defines the general purposes for any such spending.
Treaty Commission Act
This Act establishes the British Columbia Treaty Commission and the Ministry's authority to negotiate treaties on behalf the province and disburse associated funding.
