The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 2nd day of June, 2011
Ian D. Izard, Q.C., Law Clerk
CHAPTER 7 YALE FIRST NATION ROLE OFF
YALE FIRST NATION LAND
7.1.1 Yale First Nation's role in respect of economic activities, governance activities and cultural activities within the Yale First Nation Area is set out in this Agreement, including the specific provisions identified in 7.2 through 7.6.
7.2.1 Nothing in this Agreement precludes Yale First Nation from participating in or benefiting from provincial benefits-sharing programs in accordance with the general criteria established for those programs from time to time.
7.2.2 Nothing in this Agreement precludes Yale First Nation from entering into arrangements for economic opportunities with third parties, provided those arrangements are consistent with this Agreement.
7.2.3 Commercial fishing opportunities are provided to Yale First Nation through licences issued to Yale First Nation in accordance with the Harvest Agreement negotiated in accordance with 8.2.
7.2.4 The opportunity to add land to Yale First Nation Land is provided to Yale First Nation in accordance with 12.10.
7.2.5 The opportunity to investigate the suitability of specific Streams for hydro power purposes is provided to Yale First Nation in accordance with 9.6.
7.2.6 The opportunity to apply for a guided adventure tourism tenure on provincial Crown land is provided to Yale First Nation in accordance with 7.11.
7.3.1 Nothing in this Agreement precludes Yale First Nation from participating in provincial processes or institutions, including processes or institutions that may address matters of shared decision-making and revenue and benefit sharing, or benefiting from future provincial programs, policies or initiatives of general application to First Nations, as British Columbia develops a new relationship with First Nations, including the enactment of legislation to support these initiatives.
7.3.2 The opportunity to become a member of the Fraser Valley Regional District is provided to Yale First Nation in accordance with 4.2.
7.3.3 The ability to make laws in respect of the adoption in British Columbia of Yale First Nation Children is provided to Yale First Nation Government in accordance with 3.14.2.
7.3.4 The opportunity to negotiate an agreement with British Columbia regarding Child Protection Services for Yale First Nation Children who reside in British Columbia is provided to Yale First Nation in accordance with 3.16.6a.
7.3.5 The opportunity to negotiate an agreement with British Columbia regarding the provision of kindergarten to grade 12 education for Yale First Nation Members who reside in British Columbia is provided to Yale First Nation in accordance with 3.25.5b.
7.4.1 The opportunity to participate in the cooperative fisheries planning activities through the Joint Fisheries Committee is provided to Yale First Nation in accordance with 8.11.
7.4.2 The opportunity to participate in a public fisheries advisory process that principally encompasses the Domestic Fishing Area is provided to Yale First Nation in accordance with 8.13.1.
7.4.3 The opportunity to participate in a public fisheries advisory process is provided to Yale First Nation in accordance with 8.13.2.
7.4.4 The opportunity to participate in any regional management advisory process for aboriginal fisheries is provided to Yale First Nation in accordance with 8.12.
7.4.5 The opportunity to participate in Wildlife advisory management processes is provided to Yale First Nation in accordance with 10.6.1.
7.4.6 The opportunity to negotiate an agreement with British Columbia on a process to evaluate the impact of authorized uses and dispositions of provincial Crown land on Yale First Nation's reasonable opportunity to harvest Wildlife is provided to Yale First Nation in accordance with 10.1.6.
7.4.7 The opportunity to negotiate an agreement with British Columbia on a process to evaluate the impact of authorized uses and dispositions of provincial Crown land on Yale First Nation's reasonable opportunity to harvest Migratory Birds is provided to Yale First Nation in accordance with 11.1.6.
7.4.8 The opportunity to negotiate an agreement with British Columbia on a process to evaluate the impact of authorized uses and dispositions of provincial Crown land on Yale First Nation's reasonable opportunity to harvest Fish and Aquatic Plants is provided to Yale First Nation in accordance with 8.1.12.
7.4.9 The opportunity to negotiate an agreement with British Columbia on a process to evaluate the impact of authorized uses and dispositions of provincial Crown land on Yale First Nation's reasonable opportunity to gather Plants is provided to Yale First Nation in accordance with 7.7.6.
7.4.10 The opportunity to be Consulted by Canada and to negotiate an agreement regarding certain matters relating to the establishment of any National Park wholly or partially within the Yale First Nation Area is provided to Yale First Nation in accordance with 7.10.
7.4.11 The opportunity to enter into agreements regarding Yale First Nation participation in the planning and management of Provincial Protected Areas wholly or partially within the Yale First Nation Area is provided to Yale First Nation in accordance with 7.9.4.
7.4.12 The opportunity to be involved in Environmental Assessments in respect of Federal Projects or Provincial Projects is provided to Yale First Nation in accordance with 17.3.1 and 17.4.1, respectively.
7.4.13 The opportunity to enter into conservation agreements in relation to common concern over Migratory Birds is provided to Yale First Nation in accordance with 11.7.1.
7.4.14 The ability to exercise its right to participate in a Migratory Bird advisory committee is provided to Yale First Nation in accordance with 11.8.1.
7.4.15 The opportunity to propose the establishment of a Recreation Site and to negotiate a role in its administration is provided to Yale First Nation in accordance with 7.12.
7.5.1 The ability to exercise the right to practice Yale First Nation culture and to use the Puchil dialect of the Nlaka'pamux (Thompson) language is provided to Yale First Nation in accordance with 5.1.15.1.
7.5.2 The opportunity to participate in the provincial process for naming geographic features in the Yale First Nation Area is provided to Yale First Nation in accordance with 6.8.
7.5.3 The ability to exercise the Yale First Nation Right to Gather Plants within the Gathering Area is provided to Yale First Nation in accordance with 7.7.1.
7.5.4 The ability to exercise the right to Trade and Barter Plants gathered under the Yale First Nation Right to Gather Plants is provided to Yale First Nation in accordance with 7.7.14.
7.5.5 The ability to exercise the Yale First Nation Right to Harvest Fish in the Domestic Fishing Area is provided to Yale First Nation in accordance with 8.1.1.
7.5.6 The ability to exercise the right to Trade and Barter Fish and Aquatic Plants harvested under the Yale First Nation Right to Harvest Fish is provided to Yale First Nation in accordance with 8.4.1.
7.5.7 The ability to exercise the Yale First Nation Right to Harvest Wildlife in the Wildlife Harvest Area is provided to Yale First Nation in accordance with 10.1.1.
7.5.8 The ability to exercise the right to Trade and Barter Wildlife harvested under its Yale First Nation Right to Harvest Wildlife is provided to Yale First Nation in accordance with 10.7.1.
7.5.9 The ability to exercise the Yale First Nation Right to Harvest Migratory Birds in the Migratory Birds Harvest Area is provided to Yale First Nation in accordance with 11.1.1.
7.5.10 The ability to exercise the right to Trade and Barter Migratory Birds under the Yale First Nation Right to Harvest Migratory Birds is provided to Yale First Nation in accordance with 11.3.1.
7.6.1 A water reservation is established by British Columbia in favour of Yale First Nation in accordance with 9.3.
7.6.2 The opportunity to participate in provincial water planning processes is provided to Yale First Nation in accordance with 9.5.
7.7.1 Yale First Nation has the right to gather Plants for Domestic Purposes in the Gathering Area in accordance with this Agreement.
7.7.2 The Yale First Nation Right to Gather Plants is limited by measures necessary for conservation, public health or public safety.
7.7.3 Yale First Nation may not dispose of the Yale First Nation Right to Gather Plants.
7.7.4 All Yale First Nation Members may exercise the Yale First Nation Right to Gather Plants, except as otherwise provided under Yale First Nation Law.
7.7.5 British Columbia may authorize uses of or dispose of provincial Crown land and any such authorized use or disposition may affect the methods, times and locations of gathering of Plants under this Agreement, provided that British Columbia ensures that those authorized uses and dispositions do not deny Yale First Nation the reasonable opportunity to gather Plants under the Yale First Nation Right to Gather Plants.
7.7.6 For the purposes of 7.7.5, British Columbia and Yale First Nation will enter into an agreement, that will come into effect on the Effective Date, on a process to evaluate the impact of authorized uses and dispositions of provincial Crown land on Yale First Nation's reasonable opportunity to gather Plants.
7.7.7 Yale First Nation will exercise the Yale First Nation Right to Gather Plants in a manner that does not interfere with other authorized uses and dispositions of provincial Crown land existing as of the Effective Date, or authorized in accordance with 7.7.5.
7.7.8 In the Gathering Area, the use of resources on provincial Crown land for purposes reasonably incidental to the exercise of the Yale First Nation Right to Gather Plants is subject to Federal and Provincial Law.
7.7.9 The Minister may, for conservation, public health or public safety reasons, require Yale First Nation to prepare a Gathering Plan.
7.7.10 If the Minister requires a Gathering Plan under 7.7.9, that Gathering Plan will include:
a. gathering locations;
b. times of gathering; and
c. the Plants intended to be gathered.
7.7.11 A Gathering Plan, or any proposed amendments to an approved Gathering Plan, will be submitted by Yale First Nation to the Minister for approval.
7.7.12 Yale First Nation will exercise the Yale First Nation Right to Gather Plants in accordance with any approved Gathering Plan or Provincial Protected Area management plan.
7.7.13 Yale First Nation Members are not required to have federal or provincial licences or pay fees or royalties to Canada or British Columbia relating to the exercise of the Yale First Nation Right to Gather Plants.
Trade and Barter
7.7.14 Yale First Nation has the right to Trade and Barter among themselves, or with other aboriginal people of Canada, any Plants gathered under the Yale First Nation Right to Gather Plants.
7.7.15 Yale First Nation Members may exercise the right to Trade and Barter under 7.7.14, except as otherwise provided under Yale First Nation Law under 7.7.16c.
Law Making
7.7.16 Yale First Nation Government may make laws in respect of the:
a. designation of Yale First Nation Members to gather under the Yale First Nation Right to Gather Plants;
b. distribution among Yale First Nation Members of the Plants gathered under the Yale First Nation Right to Gather Plants; and
c. Trade and Barter of Plants under 7.7.14.
7.7.17 Yale First Nation Law under 7.7.16 prevails to the extent of a Conflict with Federal or Provincial Law.
7.7.18 Yale First Nation Government may make laws in respect of the establishment of documentation to identify Yale First Nation Members who have been designated under 7.7.16a.
7.7.19 Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 7.7.18.
Documentation
7.7.20 Yale First Nation will issue documentation to Yale First Nation Members who exercise the Yale First Nation Right to Gather Plants.
7.7.21 All Yale First Nation Members who exercise the Yale First Nation Right to Gather Plants are required to carry documentation issued by Yale First Nation and to produce that documentation on request by an authorized individual.
7.7.22 Documentation issued by Yale First Nation under 7.7.20 will:
a. be in the English language, which version is authoritative, and at the discretion of Yale First Nation , in the Puchil dialect of the Nlaka'pumux (Thompson) language;
b. include the name and address of the individual; and
c. meet any other requirements set out in Yale First Nation Law under 7.7.18 and any approved Gathering Plan.
7.8.1 British Columbia will notify Yale First Nation when British Columbia establishes a Public Planning Process in the Yale First Nation Area.
7.8.2 Yale First Nation has the right to participate in any Public Planning Process in respect of the Yale First Nation Area, in accordance with procedures established by British Columbia for that Public Planning Process.
7.8.3 In participating in any Public Planning Process, Yale First Nation may bring forward any matters it considers relevant, including any rights or interests set out in this Agreement.
7.8.4 British Columbia may proceed with any Public Planning Process even if Yale First Nation does not participate in that process.
7.8.5 Yale First Nation may make proposals to British Columbia to establish a Public Planning Process in the Yale First Nation Area.
7.8.6 Nothing in this Agreement obligates British Columbia to undertake a Public Planning Process.
7.8.7 British Columbia will provide Yale First Nation with the draft plan resulting from any Public Planning Process in the Yale First Nation Area and Yale First Nation may provide written recommendations to the Minister that may be made public by British Columbia.
7.8.8 After considering any written recommendations provided under 7.8.7 and any matters the Minister considers appropriate, the Minister will provide written reasons for any Yale First Nation recommendations that are not accepted.
7.9.1 Yale First Nation may make proposals to British Columbia from time to time to establish, amend or cancel a Provincial Protected Area.
7.9.2 Nothing in this Agreement obligates British Columbia to establish or maintain the designation of any Provincial Protected Area.
7.9.3 British Columbia will Consult with Yale First Nation regarding the establishment, amendment or cancellation of any Provincial Protected Area wholly or partially within the Yale First Nation Area.
7.9.4 British Columbia and Yale First Nation may enter into agreements regarding Yale First Nation participation in the planning and management of Provincial Protected Areas wholly or partially within the Yale First Nation Area.
7.10.1 Canada will Consult with Yale First Nation with respect to the establishment of any National Park wholly or partially within the Yale First Nation Area.
7.10.2 If, after the Effective Date, any National Park is established wholly or partially within the Yale First Nation Area, Yale First Nation and Canada will negotiate and attempt to reach agreement in respect of the exercise of Yale First Nation harvesting rights by Yale First Nation Members in that National Park.
7.10.3 If, after the Effective Date, any National Park is established wholly or partially within the Yale First Nation Area, Yale First Nation and Canada will negotiate and attempt to reach agreement regarding Yale First Nation's participation in a planning and management process to provide advice to the Minister for that National Park.
7.11.1 The Minister will, on or before the Effective Date, designate up to 12 hectares of provincial Crown land within the Yale First Nation Area for Yale First Nation under section 17(1) of the Land Act, for a term of at least 15 years from the date of such designation, for the purpose of providing Yale First Nation an opportunity to apply for a guided adventure tourism tenure in accordance with Provincial Law.
7.11.2 Notwithstanding section 17(3) of the Land Act, the Minister will not amend or cancel a designation referred to in 7.11.1 without the consent of Yale First Nation unless the designated lands are required by British Columbia for regional infrastructure and British Columbia has made reasonable attempts to secure other provincial Crown lands that would not impact the designated lands.
7.11.3 Subject to 7.11.2, British Columbia will continue to manage and use provincial Crown lands designated under 7.11.1.
7.11.4 Yale First Nation may apply to British Columbia for a guided adventure tourism tenure in respect of lands that are designated for Yale First Nation under 7.11.1.
7.12.1 Yale First Nation may propose that British Columbia establish a Recreation Site for the area described as "Foreshore Recreation Area" in Appendix M.
7.12.2 British Columbia will consider a proposal under 7.12.1 in accordance with Provincial Law, and provincial policy and procedures.
7.12.3 If British Columbia establishes a Recreation Site for the area described in Appendix M, British Columbia and Yale First Nation will negotiate and attempt to reach agreement on a role for Yale First Nation in the administration of the Recreation Site.