Vol. 150, No. 3 — February 10, 2016
SI/2016-4 February 10, 2016
TLA’AMIN FINAL AGREEMENT ACT
Order Fixing April 5, 2016 as the Day on which the Act Comes into Force
P.C. 2016-33 January 29, 2016
His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 27 of the Tla’amin Final Agreement Act, chapter 11 of the Statutes of Canada, 2014, fixes April 5, 2016 as the day on which that Act comes into force, other than section 19, which came into force on assent.
(This note is not part of the Order.)
This Order fixes April 5, 2016, as the date on which the Tla’amin Final Agreement Act (the Act) comes into force, except for section 19, which came into force on royal assent.
Section 19 of the Act, which provides for retroactive effect as of April 1, 2009, for chapters 22 and 23 of the Tla’amin Final Agreement, came into force on royal assent. Bringing the remainder of the Act into force will give effect to the remainder of the Tla’amin Final Agreement.
The Tla’amin Nation, population 1 054, is located in the area surrounding Powell River on the Sunshine Coast of British Columbia. The Tla’amin Nation entered the British Columbia Treaty Process in 1994, and the “parties” (Canada, British Columbia, and Tla’amin Nation) concluded the Tla’amin Final Agreement on October 21, 2011.
The Tla’amin Final Agreement is the fourth final agreement to be reached under the British Columbia treaty process, and will give the First Nation more control over lands and resources, as well as achieve self-government over their lands, resources and members. Once in effect, the Tla’amin Final Agreement will provide certainty with respect to the Tla’amin Nation’s Aboriginal rights, including its title, as well as economic benefits to the First Nation. These authorities and resources will help the Tla’amin Nation to take control over its affairs, build a sustainable economy, create jobs for its citizens, enhance living standards for all its citizens, and contribute to the regional economy.
Tla’amin Nation members voted to approve the Tla’amin Final Agreement on July 10, 2012. The legislation adopted by the Government of British Columbia to ratify the Agreement received royal assent on March 14, 2013. The federal Act received royal assent on June 19, 2014.
The purpose of the Tla’amin Final Agreement Act is to give effect and force of law to the Tla’amin Final Agreement. The Act includes a preamble and provides for the Governor in Council to make any necessary regulations to implement the Tla’amin Final Agreement.
Section 27 of the Act specifies that the provisions of the Act, other than section 19, will come into force on a day to be fixed by order of the Governor in Council.
The parties have agreed on April 5, 2016, as the date for the coming into effect of the Tla’amin Final Agreement, considering the work to be done in advance of the effective date.
Section 19 of the Act, which came into force on royal assent, brought into effect chapters 22 and 23 of the Tla’amin Final Agreement, dealing with eligibility, enrolment and ratification, retroactively to April 1, 2009. Chapter 22 — Eligibility and Enrolment sets out the criteria and procedures for eligible Tla’amin individuals to become Tla’amin citizens and benefit from the Tla’amin Final Agreement. Chapter 23 — Ratification sets out the processes by which the parties ratify the Tla’amin Final Agreement. These chapters were given retroactive effect to effectively validate the processes which commenced in April 2009 for eligible individuals who enrolled and ultimately participated in the ratification vote on the Tla’amin Final Agreement.
The Order fixes April 5, 2016, as the date on which the remaining provisions of the Act come into force. The remaining provisions of the Act will give force and legal effect to the Tla’amin Final Agreement and give force to consequential amendments to other federal legislation. Examples of such consequential amendments to other federal legislation include changes to the Access to Information Act, Fisheries Act and Payments in Lieu of Taxes Act in order to reflect Tla’amin Nation’s changes in status from being an Indian band to a treaty First Nation.
Bringing the Tla’amin Final Agreement into effect will represent a final settlement of claims related to Aboriginal rights of the Tla’amin Nation and provide clarity over the relationship of federal, provincial and First Nation jurisdiction within the settlement area.
There are no financial implications to bringing to force the remainder of Tla’amin Final Agreement Act beyond those identified at the time the Act was enacted by Parliament.
The parties agreed, at a meeting on August 20, 2014, to the proposed effective date of April 5, 2016. The parties reconfirmed their agreement at an April 16, 2015, meeting.
For more information, please contact
Policy Development and Coordination Branch
Indigenous and Northern Affairs
Vancouver, British Columbia