1993 Legislative Session: 2nd Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 26th day of May, 1993
Ian D. Izard, Law Clerk.
HONOURABLE ANDREW PETTER
MINISTER OF ABORIGINAL AFFAIRS
|3||Jointly established commission|
|4||Commission not an agent|
|5||Purpose, powers and duties of the commission|
|7||Appointment of commissioners|
|10||Chief executive officer|
|11||Terms and conditions of appointment|
|12||Office in British Columbia|
|14||Meetings and decisions of the commission|
|15||Decisions of the Summit|
|16||Protection of commission members|
|17||Commissioners to be indemnified|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 (1) In this Act "agreement" means the British Columbia Treaty Commission Agreement executed among the Summit, Her Majesty in right of Canada and Her Majesty in right of British Columbia on September 21, 1992, and includes any amendments thereto that may be made from time to time;
"commission" means the British Columbia Treaty Commission established as set out in section 3;
"first nation" means an aboriginal governing body, however organized and established by aboriginal people within their traditional territory in British Columbia, that has been mandated by its constituents to enter into treaty negotiations on their behalf with Her Majesty in right of Canada and Her Majesty in right of British Columbia;
"principals" means Her Majesty in right of Canada, Her Majesty in right of British Columbia and the Summit;
"Summit" means the body that is established to represent first nations in British Columbia that agree to participate in the process provided for in the agreement to facilitate the negotiation of treaties among first nations, Her Majesty in right of Canada and Her Majesty in right of British Columbia.
(2) For the purpose of the application of any enactment, "person" includes the commission.
2 The purpose of this Act is to establish the British Columbia Treaty Commission, as undertaken in the agreement.
3 (1) There is established by the joint operation of this Act, of an Act of the Parliament of Canada and of a resolution of the Summit the British Columbia Treaty Commission consisting of the chief commissioner and not more than 4 other commissioners.
(2) For all purposes except the application to the commission of the Access to Information Act (Canada) and the Privacy Act (Canada), the commission must be treated as having been established by or under an Act of the Legislature of British Columbia.
4 The commission is not an agent of any of the principals.
5 (1) The purpose of the commission is to facilitate, in British Columbia, the negotiation of treaties among one or more first nations, Her Majesty in right of Canada and Her Majesty in right of British Columbia.
(2) The commission has the power and capacity of a natural person, including the power to sue and be sued, to enter into contracts and to acquire, hold and dispose of property for its purpose.
(3) In furthering its purpose, the commission must
(a) assess the readiness of Her Majesty in right of Canada, Her Majesty in right of British Columbia and one or more first nations to begin negotiations, in accordance with the agreement,
(b) allocate funds that have been provided to enable first nations to participate in negotiations in accordance with criteria agreed to by the principals,
(c) encourage timely negotiations,
(d) if Her Majesty in right of Canada, Her Majesty in right of British Columbia and the first nations who are taking part in negotiations all agree, assist them in obtaining dispute resolution services,
(e) prepare and maintain a public record of the status of the negotiations, and
(f) perform any other duties that are consistent with the agreement and this Act.
6 The commissioners who were in office immediately before the coming into force of this section pursuant to appointments made by resolution of the Summit, order of the Governor in Council and order of the Lieutenant Governor in Council are confirmed for the purpose of this Act, and continue as commissioners on and after the date of the establishment of the commission as though they had been appointed pursuant to section 7.
7 (1) One commissioner is to be appointed by order of the Governor in Council, one commissioner is to be appointed by order of the Lieutenant Governor in Council, 2 commissioners are to be appointed by resolution of the Summit and the chief commissioner is to be appointed jointly by the Governor in Council, the Lieutenant Governor in Council and the Summit.
(2) The chief commissioner may be appointed for a term not exceeding 3 years, and the other commissioners each may be appointed for a term not exceeding 2 years.
8 (1) The chief commissioner holds office during pleasure and may be removed jointly by the Governor in Council, the Lieutenant Governor in Council and the Summit.
(2) A commissioner other than the chief commissioner holds office during pleasure and may be removed by the person or body that appointed him or her.
9 A commissioner or former commissioner may be reappointed.
10 (1) The chief commissioner is the chief executive officer of the commission and has supervision over and direction of the day to day operations of the commission.
(2) In the event of the absence or incapacity of the chief commissioner or if that office is vacant, the other commissioners may designate, by unanimous agreement, one of them to act as chief commissioner during the absence, incapacity or vacancy, and the designated commissioner has and may exercise all of the powers and perform all of the duties and functions of the chief commissioner.
11 After the principals have reached agreement, the remuneration and other terms and conditions of the appointment of the commissioners are to be fixed by order of the Governor in Council, order of the Lieutenant Governor in Council and resolution of the Summit.
12 The office of the commission must be in British Columbia.
13 (1) The chief commissioner, the commissioner appointed by the Governor General in Council, the commissioner appointed by the Lieutenant Governor in Council and one commissioner appointed by the Summit constitutes a quorum of the commission.
(2) For purposes of determining a quorum, an acting chief commissioner must be counted both as chief commissioner and as a commissioner appointed by the principal that appointed him or her.
14 (1) The chief commissioner presides at meetings of the commission.
(2) Decisions of the commission must be made by agreement of at least one commissioner appointed by the Lieutenant Governor in Council, the Governor in Council and the Summit, respectively.
15 Her Majesty in right of Canada and Her Majesty in right of British Columbia are entitled to rely on resolutions of the Summit that are certified in the manner specified by the Summit as proof of the decisions of the Summit that are set out in the resolutions as certified.
16 Her Majesty in right of British Columbia must not make any civil claim against the commission, any commissioner, or any employee of or person retained by the commission, for anything done, omitted, reported or said, in the course of the exercise or performance or purported exercise or performance of any power, duty or function under this Act, unless the claim arises from the wilful misconduct or gross negligence of the commissioner, employee or person retained.
17 Her Majesty in right of British Columbia indemnifies, in proportion to her funding obligations as set out in the agreement, the commissioners against all claims, damages or penalties that are made against or incurred by the commissioners in the exercise or performance of their powers, duties and functions under this Act, unless the claims, damages or penalties arise from the commissioners' wilful misconduct or gross negligence.
18 (1) The commission may employ or retain the persons who are necessary to perform the duties and functions of the commission.
(2) The Public Service Act and the Public Service Labour Relations Act do not apply to the commission and its employees.
19 (1) The Lieutenant Governor in Council may order that the Pension (Public Service) Act applies to the commissioners named in the order.
(2) The Pension (Public Service) Act applies to the commission, a commissioner named in an order under subsection (1) and to the employees of the commission, and
(a) for the purposes of that Act,
(i) any of the commissioners named in an order under subsection (1) and all of the commission's employees are deemed to be employees within the meaning of that Act, and
(ii) the commission is deemed to be their employer within the meaning of that Act,
(b) the commission must make the deductions from the remuneration of any of the commissioners named in an order under subsection (1) and from the salaries of the commission's employees, as required under section 6 of that Act, and must pay the money to the superannuation commissioner under that Act, and
(c) in addition, the commission must pay to the superannuation commissioner under that Act the employer's contributions in amounts equivalent to the amounts required under that Act.
20 The commission may make bylaws consistent with this Act and the agreement respecting the carrying out of the work of the commission, the management of its internal affairs and the duties of its officers and employees and of the persons retained by it.
21 The commission must submit its budget for each financial year to the principals for review and approval before the deadline set by the principals.
22 The accounts and financial transactions of the commission must be audited annually by a qualified independent auditor designated by the commission, and a report of the audit shall be made to the commission.
23 (1) As soon as possible, but in any case within 6 months, after the end of each of its financial years, the commission must submit to the principals a report of all activities under this Act for that financial year, including the financial statements and the auditor's report.
(2) The report submitted under subsection (1) must contain information with respect to the progress of negotiations facilitated by the commission and the other operations of the commission and any other matter that the commission deems appropriate.
(3) The minister must cause a copy of the report submitted under subsection (1) to be laid before the Legislative Assembly within the first 30 days that the House is sitting after the report is made.
24 (1) Nothing in this Act must be interpreted as preventing the principals from amending the agreement.
(2) The commission must keep at its office a copy of the agreement and make a copy of it available at any time during usual business hours for inspection by any person.
25 This Act comes into force by regulation of the Lieutenant Governor in Council.
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