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In This Volume

  • 29.1 (1) Insofar as they can be applied, the following definitions apply in all enactments relating to treaty first nation matters:
  • “final agreement”, except in references to the Nisga’a Final Agreement, means a treaty and land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982
  • (a) among a first nation, the Province and Canada, and
  • (b) negotiated by those parties in a process facilitated by the British Columbia Treaty Commission referred to in section 3 of the Treaty Commission Act,
  • which agreement is in effect, and, in relation to a specific treaty first nation, means the final agreement to which the treaty first nation is a party;
  • “settlement legislation” means an Act of the Province ratifying and giving the force of law to an agreement that, on coming into effect, will be a final agreement;
  • “tax treatment agreement” means a tax treatment agreement as defined in any settlement legislation;
  • “treaty first nation”, as the context requires, means
  • (a) a first nation that is a party to a final agreement, or
  • (b) the government, as constituted under the final agreement and constitution, of such a first nation;
  • “treaty first nation child” means
  • (a) a treaty first nation constituent who has not reached the age of majority, or
  • (b) a treaty first nation member who has not reached the age of majority;
  • “treaty first nation constituent”, in relation to a treaty first nation, means an individual who is a citizen of the treaty first nation under the laws of the treaty first nation;
  • “treaty first nation member”, in relation to a treaty first nation, means an individual who is enrolled under the final agreement of the treaty first nation;
  • “treaty lands”, in relation to a treaty first nation, has the prescribed meaning.
  • (2) [Repealed]
  • (3) The Lieutenant Governor in Council may make regulations, consistent with the final agreement of a treaty first nation, defining “treaty lands” for a treaty first nation.
  • (4) A regulation under subsection (3) may define treaty lands by reference to provisions of a final agreement that permit additions to or subtractions from the treaty lands on the occurrence of events that are specified in those provisions and have not occurred as of the date the regulation is made.

2007-36-104, effective April 3, 2009 (B.C. Reg. 55/2009); 2007-43-26, effective April 3, 2009 (B.C. Reg. 55/2009); 2011-11-41; 2011-11-42, effective April 5, 2016 (B.C. Reg. 24/2016).