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| 1998 Legislative Session: 3rd Session, 36th Parliament FIRST READING |
| The following electronic version is for informational
purposes only. The printed version remains the official version. |
HONOURABLE GLEN CLARK
PREMIER
Contents
Section
WHEREAS the reconciliation between the prior presence of aboriginal peoples and the assertion of sovereignty by the Crown is of significant social and economic importance to all British Columbians;
AND WHEREAS Canadian courts have stated that this reconciliation is best achieved through negotiation and agreement, rather than through litigation or conflict;
AND WHEREAS the Nisga'a Nation, Canada and British Columbia have negotiated the Nisga'a Final Agreement to achieve this reconciliation, and to establish a new relationship among them;
AND WHEREAS the Nisga'a Final Agreement requires that British Columbia enact settlement legislation to give effect to the Nisga'a Final Agreement;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 In this Act, "Nisga'a Final Agreement" means the Nisga'a Final Agreement among the Nisga'a Nation, Her Majesty the Queen in right of Canada and Her Majesty the Queen in right of British Columbia set out in the Schedule and includes
(a) that agreement as it is given effect by an Act of Canada, and
(b) amendments made in accordance with that agreement.
2 The Nisga'a Final Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.
3 (1) The Nisga'a Final Agreement is approved, given effect, declared valid and has the force of law.
(2) Without limiting subsection (1), a person or body has the powers, rights, privileges and benefits conferred on the person or body by the Nisga'a Final Agreement and must perform the duties and is subject to the liabilities imposed on the person or body by the Nisga'a Final Agreement.
(3) Nothing in this Act that makes provision for a matter that is already provided for in the Nisga'a Final Agreement in any way limits this section.
4 The Lieutenant Governor in Council may authorize a member of the Executive Council to sign the Nisga'a Final Agreement.
5 The Nisga'a Final Agreement is binding on, and can be relied on by, all persons.
6 (1) In this section:
"Category A Lands" has the same meaning as in the Nisga'a Final Agreement;
"Category B Lands" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Lands" has the same meaning as in the Nisga'a Final Agreement.
(2) The Nisga'a Nation owns the estate in fee simple, as set out in the Lands Chapter of the Nisga'a Final Agreement, in the following lands:
(a) the Nisga'a Lands identified in paragraphs 1 and 2 of the Lands Chapter of the Nisga'a Final Agreement;
(b) Category A Lands and Category B Lands.
7 (1) The minister responsible for fisheries has the authority, on behalf of Her Majesty the Queen in right of British Columbia, to enter into the Harvest Agreement described in the Fisheries Chapter of the Nisga'a Final Agreement.
(2) The Harvest Agreement does not form part of the Nisga'a Final Agreement and it is not a treaty or land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982.
8 (1) If, in any judicial or administrative proceeding, an issue arises in respect of
(a) the interpretation or validity of the Nisga'a Final Agreement, or
(b) the validity or applicability of any settlement legislation or any Nisga'a law
the issue must not be decided until the party to the proceeding raising the issue has properly served notice on the Attorney General of British Columbia, the Attorney General of Canada and the Nisga'a Lisims Government.
(2) The notice required under subsection (1) must
(a) describe the judicial or administrative proceeding in which the issue arises,
(b) state whether the issue arises in respect of the matters referred to in subsection (1) (a) or (b) or both,
(c) state the day on which the issue is to be argued,
(d) give particulars necessary to show the point to be argued, and
(e) be served at least 14 days before the day of argument unless the court or tribunal authorizes a shorter notice.
(3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of British Columbia, the Attorney General of Canada and the Nisga'a Lisims Government may appear and participate in the proceeding as parties with the same rights as any other party to the proceeding.
(4) The Judicial Review Procedure Act applies to an application for judicial review under the following provisions of the Nisga'a Final Agreement as if the decision under review were made pursuant to a statutory power of decision as defined in that Act:
(a) paragraph 17 of the Nisga'a Government Chapter;
(b) paragraph 26 of the Eligibility and Enrolment Chapter.
(5) In this section, "Nisga'a law", "Nisga'a Lisims Government" and "settlement legislation" have the same meanings as in the Nisga'a Final Agreement.
9 The Lieutenant Governor in Council may make orders and regulations that the Lieutenant Governor in Council considers necessary or advisable for the purpose of carrying out any of the provisions of the Nisga'a Final Agreement.
10 (1) The Lieutenant Governor in Council may authorize any member of the Executive Council, on behalf of Her Majesty the Queen in right of British Columbia, to enter into an agreement that is contemplated by the Nisga'a Final Agreement.
(2) Subsection (1) does not apply to the Harvest Agreement referred to in section 7 or to agreements referred to in section 87.1 of the Environmental Assessment Act.
11 Section 1 of the Adoption Act, R.S.B.C. 1996, c. 5, is amended
(a) in the definition of "aboriginal child" by adding the following paragraph:
(b.1) who is a Nisga'a child; ,
(b) in the definition of "designated representative" by striking out "in relation to an Indian band or" and substituting "in relation to the Nisga'a Lisims Government, an Indian band or", and
(c) by adding the following definitions:
"Nisga'a child" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act;
"Nisga'a Lisims Government" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Nation" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Village" has the same meaning as in the Nisga'a Final Agreement; .
12 Section 7 (1) is amended
(a) by adding the following paragraph:
(a.1) if the child is a Nisga'a child, with a designated representative of the Nisga'a Lisims Government; , and
(b) in paragraph (b) by striking out "if the child is not registered" and substituting "if the child is not a Nisga'a child and is not registered".
13 Section 62 (1) is amended by adding the following paragraph:
(c) the location of the Nisga'a Lisims Government, if the child is a Nisga'a child.
14 Section 62 (2) is amended by adding the following paragraph:
(a.1) if the child is a Nisga'a child, by a designated representative of the Nisga'a Lisims Government; .
15 Section 76 is amended by adding the following paragraph:
(a.1) the Nisga'a Nation or a Nisga'a Village; .
16 Section 91 (2) (b) is amended by striking out "Indian bands and aboriginal communities;" and substituting "the Nisga'a Lisims Government, Indian bands and aboriginal communities;".
17 Section 1 of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended
(a) in the definition of "aboriginal child" by adding the following paragraph:
(b.1) who is a Nisga'a child; ,
(b) in the definition of "designated representative" by striking out "in relation to an Indian band or" and substituting "in relation to the Nisga'a Lisims Government, an Indian band or" , and
(c) by adding the following definitions:
"Nisga'a child" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act;
"Nisga'a Lisims Government" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Nation" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Village" has the same meaning as in the Nisga'a Final Agreement; .
18 Section 33.1 (4) is amended
(a) in paragraph (c) by striking out "aboriginal child." and substituting "aboriginal child, other than a Nisga'a child;" , and
(b) by adding the following paragraph:
(d) the Nisga'a Lisims Government, if the child is a Nisga'a child.
19 Section 34 (3) is amended
(a) in paragraph (d) by striking out "aboriginal child." and substituting "aboriginal child, other than a Nisga'a child;" , and
(b) by adding the following paragraph:
(e) the Nisga'a Lisims Government, if the child is a Nisga'a child.
20 Section 38 (1) is amended
(a) by adding the following paragraph:
(c.1) if the child is a Nisga'a child, on a designated representative of the Nisga'a Lisims Government; , and
(b) in paragraph (d) by striking out "if the child is not registered" and substituting "if the child is not a Nisga'a child and is not registered".
21 Section 39 (1) is amended
(a) in paragraph (c) by striking out "aboriginal child" and substituting "aboriginal child, other than a Nisga'a child", and
(b) by adding the following paragraph:
(d) if the child is a Nisga'a child, the Nisga'a Lisims Government.
22 Section 42.1 is amended
(a) in subsection (3) (c) by striking out "section 34 (b), (c) and (d)." and substituting "section 34 (3) (b), (c), (d) and (e).", and
(b) in subsection (4) by striking out "section 34 (b), (c) or (d)" and substituting "section 34 (3) (b), (c), (d) or (e)".
23 Section 49 (2) is amended
(a) by adding the following paragraph:
(c.1) if the child is a Nisga'a child, on a designated representative of the Nisga'a Lisims Government; , and
(b) in paragraph (d) by striking out "if the child is not registered" and substituting "if the child is not a Nisga'a child and is not registered".
24 Section 55 (3) (c) (i) is amended by striking out "section 34 (3) (b) and (d)" and substituting "section 34 (3) (b), (d) and (e)".
25 Section 60 (1) (e) is amended by striking out "section 38 (1) (c) or (d)" and substituting "section 38 (1) (c), (c.1) or (d)".
26 Section 90 is amended by adding the following paragraph:
(a.1) the Nisga'a Nation or a Nisga'a Village; .
27 Section 93 (1) (g) (iii) is amended by striking out "with an Indian band or" and substituting "with the Nisga'a Nation, a Nisga'a Village, an Indian band or".
28 Section 103 (2) (g) is amended by striking out "Indian bands and aboriginal communities" and substituting "the Nisga'a Lisims Government, Indian bands and aboriginal communities".
29 Section 107 (6) is amended by striking out "section 49 (2) (c) or (d)" and substituting "section 49 (2) (c), (c.1) or (d)".
30 Section 22 (g) of the Environmental Assessment Act, R.S.B.C. 1996, c. 119, is amended by striking out "aboriginal rights," and substituting "aboriginal and treaty rights under section 35 of the Constitution Act, 1982,".
31 The following section is added to Division 2 of Part 7:
87.1 The minister may enter into agreements for the purposes set out in paragraph 1 of the Environmental Assessment and Protection Chapter of the Nisga'a Final Agreement, as defined in the Nisga'a Final Agreement Act.
32 Section 1 of the Estate Administration Act, R.S.B.C. 1996, c. 122, is amended by adding the following definitions:
"cultural property" has the same meaning as in paragraph 115 of the Nisga'a Government Chapter of the Nisga'a Final Agreement;
"Nisga'a citizen" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act;
"Nisga'a law" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Lisims Government" has the same meaning as in the Nisga'a Final Agreement; .
33 The following section is added to Part 2:
2.1 (1) In any judicial proceeding under this Act in which the validity of a will of a Nisga'a citizen, or the devolution of the cultural property of a Nisga'a citizen, is at issue, the Nisga'a Lisims Government has standing in the proceeding as provided in paragraph 117 of the Nisga'a Government Chapter of the Nisga'a Final Agreement.
(2) In a proceeding to which subsection (1) applies, the court must consider, among other matters, any evidence or representations in respect of Nisga'a laws and customs dealing with the devolution of cultural property as provided in paragraph 119 of the Nisga'a Government Chapter of the Nisga'a Final Agreement.
(3) As provided in paragraph 120 of the Nisga'a Government Chapter of the Nisga'a Final Agreement, the participation of the Nisga'a Lisims Government in a proceeding to which subsection (1) applies must be in accordance with the applicable Rules of Court and does not affect the court's ability to control its process.
34 Section 112 is amended
(a) by adding the following subsection:
(1.1) A court must not grant or reseal probate or letters of administration in respect of the property of a Nisga'a citizen, unless the applicant or the applicant's solicitor certifies that he or she has
(a) mailed or delivered a notice to the Nisga'a Lisims Government, and
(b) if there is a will and the Nisga'a Lisims Government has requested a copy of it within 30 days of receiving the notice under paragraph (a), mailed or delivered a copy of the will to the Nisga'a Lisims Government. ,
(b) in subsection (6) by striking out "The notice under subsection (1)" and substituting "The notice under subsection (1) or (1.1)", and
(c) in subsection (7) by striking out "The notice under subsection (1)" and substituting "The notice under subsection (1) or (1.1)".
35 Section 2 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended by adding the following subsection:
(1.1) Despite subsection (1), if there is an inconsistency between any of the provisions of this Act and the Nisga'a Final Agreement, as defined in the Nisga'a Final Agreement Act, the Nisga'a Final Agreement applies.
36 Section 1 (1) of the Family Relations Act, R.S.B.C. 1996, c. 128, is amended by adding the following definitions:
"Nisga'a child" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act;
"Nisga'a law" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Lisims Government" has the same meaning as in the Nisga'a Final Agreement; .
37 The following section is added:
22.1 (1) If an application is made to a court under this Part or Part 3 in respect of the guardianship or custody of a Nisga'a child
(a) the Nisga'a Lisims Government must be served with notice of the proceeding, and
(b) the Nisga'a Lisims Government has standing in the proceeding as provided in paragraph 94 of the Nisga'a Government Chapter of the Nisga'a Final Agreement.
(2) In a proceeding to which subsection (1) applies, the court must consider, in addition to any other matters it is required by law to consider, any evidence or representations in respect of Nisga'a laws and customs as provided in paragraph 94 of the Nisga'a Government Chapter of the Nisga'a Final Agreement.
(3) As provided in paragraph 95 of the Nisga'a Government Chapter of the Nisga'a Final Agreement, the participation of the Nisga'a Lisims Government in a proceeding to which subsection (1) applies must be in accordance with the applicable Rules of Court and does not affect the court's ability to control its process.
38 The Financial Administration Act, R.S.B.C. 1996, c. 138, is amended by adding the following section:
19.1 (1) In this section:
"effective date" means the date on which the Nisga'a Final Agreement takes effect;
"former reserve lands" means lands that are
(a) described in paragraph 2 (b) of the Lands Chapter of the Nisga'a Final Agreement, and
(b) within Nisga'a Lands;
"Indian" has the same meaning as in section 2 (1) of the Indian Act (Canada);
"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act;
"Nisga'a Lands" has the same meaning as in the Nisga'a Final Agreement.
(2) Subject to subsection (5), remission is granted, for the applicable periods under subsection (3) or (4), on provincial tax imposed or levied in respect of
(a) the estate or interest of an Indian in former reserve lands,
(b) the personal property of an Indian situated on former reserve lands, and
(c) an Indian's ownership, occupation, possession or use of any property referred to in paragraph (a) or (b).
(3) Remission under subsection (2) is granted, for the period beginning on the effective date and ending immediately before the first day of the first month that starts after the 8th anniversary of the effective date, on any tax imposed or levied under any of the following:
(a) the Hotel Room Tax Act;
(b) section 4 of the Insurance Premium Tax Act;
(c) the Motor Fuel Tax Act;
(d) the Property Transfer Tax Act;
(e) the Social Service Tax Act;
(f) the Tobacco Tax Act.
(4) Remission under subsection (2) is granted, for the period beginning on the effective date and ending immediately before the first day of the first calendar year that starts on or after the 12th anniversary of the effective date, on any other tax imposed or levied under an Act.
(5) Remission under this section is granted only if the property referred to in subsection (2) (a) or (b), or the Indian in respect of the ownership, occupation, possession or use of the property referred to in subsection (2) (a) or (b), would, but for the Nisga'a Final Agreement, be exempt from taxation by reason of the applicability of section 87 of the Indian Act (Canada).
(6) Money required to be paid by the government under this section may be paid out of the consolidated revenue fund.
39 The Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is amended by adding the following section to Part 1:
1.1 (1) In this section, "Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act.
(2) Forest development plans required under the Forest Resources Chapter and Appendix H of the Nisga'a Final Agreement by the holder of a licence referred to in paragraph 5 (b) of that chapter are deemed to be forest development plans under this Act and the regulations.
(3) Silviculture prescriptions required under the Forest Resources Chapter and Appendix H of the Nisga'a Final Agreement by
(a) the holder of a licence referred to in paragraph 5 (b) of that chapter, or
(b) the district manager
are deemed to be silviculture prescriptions under this Act and the regulations.
40 Section 3 of the Income Tax Act, R.S.B.C. 1996, c. 215, is amended
(a) by adding "and additions" after "deductions", and
(b) by striking out "19," and substituting "19 (1) and (3), 19 (7),".
41 Section 19 is amended
(a) in subsections (2) and (4) by striking out "subsections (1) and (3)" and substituting "subsections (1), (3) and (7)", and
(b) by adding the following subsections:
(6) In subsection (7):
"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act;
"Nisga'a Lands" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Lisims Government" has the same meaning as in the Nisga'a Final Agreement.
(7) There must be deducted from the tax otherwise payable by the taxpayer under this Part for a taxation year the amount, if any, by which
(a) the tax otherwise payable for the year by the taxpayer under this Part
exceeds
(b) the tax that would be payable for the year under this Part if the taxpayer's taxable income under this Part for the year were reduced by the amounts paid or payable in the year by the taxpayer to the Nisga'a Lisims Government under paragraph 20 of the Lands Chapter of the Nisga'a Final Agreement as royalties in respect of mineral resources on or under Nisga'a Lands.
(8) A taxpayer must not make a deduction under subsection (7) in respect of any portion of the royalties referred to in paragraph (b) of that subsection if the taxpayer has otherwise deducted that portion from taxable income for a taxation year.
42 The Schedule to the Interpretation Act, R.S.B.C. 1996, c. 238, is amended by striking out "thence easterly along the northerly boundary of said lot to the northeast corner thereof; thence southerly along the westerly boundary of Indian Reserve No. 1 (Aiyansh) to the most southerly corner thereof, being a point on the right bank of Nass River;" and substituting "thence easterly along the northerly boundary of said lot to the most westerly northwest corner of former Aiyansh (Kitladamas) Indian Reserve No. 1; thence southerly along the westerly boundary of former Aiyansh (Kitladamas) Indian Reserve No. 1 to the most southerly corner thereof, being a point on the right bank of Nass River;".
43 Section 73 of the Land Act, R.S.B.C. 1996, c. 245, is amended by renumbering the section as subsection (1) and adding the following subsection:
(2) Without limiting subsection (1), the Surveyor General may make regulations necessary or advisable for surveys conducted for the purposes of the Nisga'a Final Agreement as defined in the Nisga'a Final Agreement Act.
44 Section 1 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended
(a) in the definition of "approving officer" by striking out "or" at the end of paragraph (c), by adding "or" at the end of paragraph (d) and by adding the following paragraph:
(e) the Nisga'a approving officer under section 77.3; ,
(b) by repealing the definition of "encumbrance" and substituting the following:
"encumbrance" includes
(a) a judgment, mortgage, lien, Crown debt or other claim to or on land created or given for any purpose, whether by the act of the parties or any Act or law, and whether voluntary or involuntary, and
(b) in respect of Nisga'a Lands, a judgment, mortgage, lien, debt owed to the Nisga'a Nation or a Nisga'a Village or other claim to or on Nisga'a Lands created or given for any purpose by any Nisga'a law, and whether voluntary or involuntary; , and
(c) by adding the following definitions:
"Category A Lands" has the same meaning as in the Nisga'a Final Agreement;
"Category B Lands" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a certificate" means a certificate of the Nisga'a Lisims Government referred to in paragraph 7 (b) of the Land Title Chapter of the Nisga'a Final Agreement;
"Nisga'a Corporation" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act;
"Nisga'a Lands" means those Nisga'a Lands, as defined in the Nisga'a Final Agreement, to which this Act applies under the Nisga'a Final Agreement;
"Nisga'a law" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Lisims Government" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Nation" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a road" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Village" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Village Government" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Village Lands" has the same meaning as in the Nisga'a Final Agreement; .
45 Section 76 (4) is amended by adding "or is the Nisga'a approving officer appointed under section 77.3," after "section 77 or 77.1".
46 The following section is added:
77.3 (1) The Nisga'a Lisims Government must appoint an approving officer for Nisga'a Lands.
(2) The approving officer appointed under subsection (1) must be
(a) an official or employee of the Nisga'a Lisims Government, or
(b) a person who is under contract with the Nisga'a Lisims Government.
(3) The approving officer appointed under subsection (1) may exercise his or her powers in relation to all Nisga'a Lands, including Nisga'a Village Lands.
(4) Sections 77.1 and 77.2 do not apply to Nisga'a Lands.
47 The following Part is added:
373.2 (1) An indefeasible title to a parcel of Nisga'a Lands, as long as it remains in force and uncancelled, is conclusive evidence at law and in equity, as against the Crown and all other persons, that the person named in the title is indefeasibly entitled to an estate in fee simple to the land described in the indefeasible title, subject to the following:
(a) the subsisting conditions, provisos, restrictions, exceptions and reservations, including royalties, set out in the Nisga'a certificate that relates to that parcel;
(b) a charge, tax, rate or assessment of the Nisga'a Nation at the date of the application for registration imposed or made a lien or that may after that date be imposed or made a lien on the parcel of land;
(c) a charge, rate or assessment of a Nisga'a Village at the date of the application for registration imposed or that may after that date be imposed on the parcel of land, or which had before that date been imposed for local improvements or otherwise and that was not then due and payable;
(d) a right of expropriation under a Nisga'a law.
(2) The matters to which an indefeasible title to a parcel of Nisga'a Lands is subject under subsection (1) are in addition to any other matters to which that title is subject under section 23 (2), as that section applies to that parcel under the Nisga'a Final Agreement.
373.21 If a letter is assigned or an indefeasible title is registered under section 66 in respect of a parcel of Nisga'a Lands, the duty of the registrar under section 66 (5) to advise the taxing authority includes the duty to advise the Nisga'a Lisims Government.
373.22 (1) In applying section 75 (1) (c) or (d) to Nisga'a Lands, the reference to "rural area" must be read as a reference to Nisga'a Lands other than Nisga'a Village Lands.
(2) The approving officer, in considering the sufficiency of a highway shown on a plan with respect to Nisga'a Lands, has the same duty to consider the matters set out in section 75 (3) as the approving officer has under that section with respect to other lands.
373.23 Section 80 (b) does not apply to Nisga'a Lands.
373.3 (1) Section 83 does not apply to Nisga'a Lands.
(2) A subdivision plan in respect of a parcel of Nisga'a Lands must be tendered for examination and approval by the approving officer as follows:
(a) if the land affected is within Nisga'a Lands, other than Nisga'a Village Lands, to the chief administrative officer of the Nisga'a Lisims Government;
(b) if the land affected is within Nisga'a Village Lands, to the chief administrative officer of the applicable Nisga'a Village Government.
(3) The subdivision plan must be accompanied by the following:
(a) the applicable fees established under Nisga'a law;
(b) a certificate
(i) that all taxes assessed on the subdivided land have been paid, and
(ii) if local improvement taxes, rates or assessments are payable by installments, that all installments owing at the date of the certificate have been paid;
(c) if the approving officer considers that there is reason to anticipate that the land may be resubdivided and requires this information, a sketch showing that the parcels into which the land is subdivided can conveniently be further subdivided into smaller parcels;
(d) if the approving officer requires this information, profiles of every new highway shown on the plan and such necessary topographical details as may indicate engineering problems to be dealt with in opening up the highways, including environmental impact or planning studies.
373.31 (1) The approving officer may refuse to approve a subdivision plan in respect of a parcel of Nisga'a Lands if the cost to the Nisga'a Nation or the applicable Nisga'a Village of providing public utilities or other works or services would be excessive.
(2) The matters for which the approving officer may refuse to approve a subdivision plan in respect of a parcel of Nisga'a Lands under subsection (1) are in addition to any other matters for which the approving officer may refuse approval under section 86 (1) (c), as that section applies to that parcel under the Nisga'a Final Agreement.
373.32 (1) Section 87 does not apply to Nisga'a Lands.
(2) Without limiting section 85 (3), in considering an application for subdivision approval in respect of a parcel of Nisga'a Lands, the approving officer may refuse to approve the subdivision if the approving officer considers that the subdivision does not conform to Nisga'a law.
373.33 (1) The registrar may, in respect of a parcel of Nisga'a Lands, accept a description referred to in section 99 (1) (a) or a plan referred to in section 99 (1) (b) if the parcel
(a) is being transferred to the Nisga'a Nation or a Nisga'a Village for highway purposes, or
(b) is being transferred, leased or donated for public purposes to the Nisga'a Nation or to a Nisga'a Village.
(2) The cases in which the registrar may accept the description or plan referred to in subsection (1) are in addition to the cases in which the registrar may accept the description or plan under section 99 (1), as that section applies to a parcel of Nisga'a Lands under the Nisga'a Final Agreement.
373.4 (1) The Nisga'a Nation or a Nisga'a Village has the same power to deposit a reference plan as the Crown has under section 102.
(2) The reference plan or explanatory plan need not be signed under section 102 (3) but must be signed by the approving officer appointed under section 77.3.
(3) The deposit of the plan by the registrar operates as a dedication by the Nisga'a Nation or the applicable Nisga'a Village to the public of the land shown on the plan as a highway.
(4) Section 102 (2) and (5) applies to the deposit of a plan under this section.
373.41 (1) Section 107 (1) does not apply in respect of a parcel of Nisga'a Lands.
(2) Despite subsection (1), the deposit of a subdivision, reference or explanatory plan showing a portion of Nisga'a Lands as covered by water and as lying immediately adjacent to a lake, river, stream or other body of water not within land covered by the plan, and designated on the plan to be returned to the government, operates in the manner set out in section 107 (1) (c) to (e).
(3) The deposit of a subdivision, reference or explanatory plan showing a portion of Nisga'a Lands as a highway, park or public square, that is not designated on the plan to be of a private nature, operates
(a) as an immediate and conclusive dedication by the owner to the public of that portion of the land shown as a highway, park or public square for the purpose indicated on or to be inferred from the words or markings on the plan,
(b) to vest in the Nisga'a Nation or the applicable Nisga'a Village, subject to any Nisga'a law, title to the highway, park or public square, except any mineral resources, as defined in the Nisga'a Final Agreement, that are registered in the name of a person other than the owner, and
(c) to extinguish the owner's common law property, if any, in that portion of Nisga'a Lands.
373.42 Section 108 (1) applies to Nisga'a Lands only if the land designated on the plan referred to in that section is submerged lands within the meaning of the Nisga'a Final Agreement.
373.43 The registrar has the same powers and duties in respect of a portion of a parcel of Nisga'a Lands shown on a plan of subdivision as having been acquired by the Nisga'a Nation or a Nisga'a Village for, or as having been dedicated as, a highway, park or public square as the registrar has under section 110 in respect of land so acquired by, or dedicated to, the government or a municipality.
373.44 (1) Section 115 (1) and (2) does not apply to Nisga'a Lands.
(2) The Nisga'a Nation or a Nisga'a Village may apply to the registrar to deposit a statutory right of way plan in respect of land acquired for a highway, and the registrar, if satisfied that the application and plan are in order, must assign to the plan a serial deposit number.
(3) Concurrently with or following the deposit of the statutory right of way plan, the chief administrative officer of the Nisga'a Nation or the Nisga'a Village may file with the registrar a certificate in the prescribed form certifying that all or part of the land in the statutory right of way plan has been established as a highway and the title vested in the Nisga'a Nation or the Nisga'a Village in compliance with Nisga'a law.
(4) Section 115 (3) to (5) applies to the deposit of a statutory right of way plan under this section.
(5) If there is a statutory right of way through unsurveyed Nisga'a Lands owned by the Nisga'a Nation or a Nisga'a Village, it is acceptable to the registrar if a sufficient number of angular and linear measurements are shown on the statutory right of way plan to define the limits of the land affected by the statutory right of way.
373.5 (1) A law made by the Nisga'a Lisims Government for closing a Nisga'a road or public square that is not within Nisga'a Village Lands must be filed in the land title office.
(2) A law made by a Nisga'a Village Government for closing a Nisga'a road or public square that is within Nisga'a Village Lands must be filed in the land title office.
(3) In the case of the closing of a Nisga'a road or public square by the Nisga'a Lisims Government or a Nisga'a Village Government, the registrar may accept a reference plan, or an explanatory plan, or a description by apt descriptive words.
373.51 The following definitions are for the purposes of applying Part 8 to Nisga'a Lands:
"local authority" means
(a) in relation to Nisga'a Lands other than Nisga'a Village Lands, the Nisga'a Lisims Government, and
(b) in relation to Nisga'a Village Lands, the applicable Nisga'a Village Government;
"municipality" means Nisga'a Village Lands;
"regional district" means Nisga'a Lands other than Nisga'a Village Lands.
373.52 (1) In applying section 124 in respect of Nisga'a Lands
(a) the reference to applicable subdivision and zoning bylaws in section 124 (1) (b) (i) must be read as a reference to the applicable Nisga'a laws relating to subdivision and zoning,
(b) the petitioner must file the report required under section 124 (2) only if any part of the public area affected by the petition is a secondary provincial road as defined in the Nisga'a Final Agreement, and
(c) the petitioner must request a report under section 124 (3) (b) only if any part of the public area affected by the petition is a secondary provincial road as defined in the Nisga'a Final Agreement.
(2) In applying section 125 (2) in respect of a plan of Nisga'a Lands, the petitioner referred to in that section
(a) must serve a copy of the petition and a notice of the hearing on,
(i) if the land affected by the petition is Nisga'a Lands, other than Nisga'a Village Lands, the chief administrative officer of the Nisga'a Lisims Government, and
(ii) if the land affected by the petition is Nisga'a Village Lands, the chief administrative officer of the applicable Nisga'a Village Government,
(b) need not comply with section 125 (2) (c) and (d) unless the petition relates to a secondary provincial road, as defined in the Nisga'a Final Agreement, and
(c) need not comply with section 125 (2) (e).
(3) The requirement to serve under subsection (2) of this section is in addition to any other requirement under section 125 (2) as that section applies under the Nisga'a Final Agreement.
(4) In applying section 126 (b) in respect of a plan of Nisga'a Lands, the petitioner referred to in that section must post the petition and any other documents, for 4 consecutive weeks before the date set for hearing, at one or more of the following places:
(a) if the land affected by the petition is Nisga'a Lands other than Nisga'a Village Lands, the principal administration building of the Nisga'a Lisims Government on Nisga'a Lands;
(b) if the land affected by the petition is Nisga'a Village Lands, the principal administration building of the applicable Nisga'a Village Government on Nisga'a Village Lands.
(5) Section 131 (1) (c) and (e) does not apply to Nisga'a Lands.
(6) In applying section 133 to Nisga'a Lands
(a) the Nisga'a Nation has the same power to oppose the cancellation or alteration of the boundaries of all or part of a public area that is a Nisga'a road as the Minister of Transportation and Highways has in respect of all or part of a public area that is an arterial highway, and
(b) the Minister of Transportation and Highways may oppose the cancellation or alteration of boundaries of all or part of a public area, only if that public area is a secondary provincial road as defined in the Nisga'a Final Agreement and is an arterial highway.
(7) In applying section 137 to Nisga'a Lands, the registrar has the same power under section 137 (1) (a) to cancel the lines dividing 2 or more contiguous parcels owned by the Nisga'a Nation or a Nisga'a Village as the registrar has in respect of 2 or more parcels owned by the Crown.
373.53 (1) Section 142 does not apply in respect of Nisga'a Lands.
(2) If the title to all or part of a highway is vested solely in the Nisga'a Nation or a Nisga'a Village, the chief administrative officer of the Nisga'a Nation or Nisga'a Village, as the case may be, may apply to register the title to all or part of the highway in the Nisga'a Nation or Nisga'a Village, and, on registration, the Nisga'a Nation or Nisga'a Village may create air space parcels and deal with them in accordance with this Act.
(3) If the title to all or part of a highway is vested solely in the Nisga'a Nation or a Nisga'a Village, the Nisga'a Lisims Government or the Nisga'a Village Government, as the case may be, may, by Nisga'a law, authorize an application to be made for the registration of the Nisga'a Nation's or Nisga'a Village's title to all or part of the highway and, on registration, the Nisga'a Nation or Nisga'a Village may create air space parcels and deal with them under this Act.
(4) For the purpose of this section, an indefeasible title may be registered for all or part of a highway.
373.6 Section 179 (2) does not apply in respect of Nisga'a Lands.
373.61 There may be registered, in the same manner as a charge is registered, a debt owing to the Nisga'a Nation or a Nisga'a Village against the land of a debtor to either of them, but no debt owing to either of them affects the land of the debtor unless it is registered.
373.62 A person has the same power to create a statutory right of way in respect of Nisga'a Lands under section 218 in favour of
(a) the Nisga'a Nation as the person has in respect of the Crown under section 218 (1) (a),
(b) a Nisga'a Corporation as the person has in respect of a Crown corporation under section 218 (1) (a), and
(c) a Nisga'a Village as the person has in respect of a municipality under section 218 (1) (b).
373.63 A covenant in respect of a parcel of Nisga'a Lands may be created, enforced and registered under section 219 in favour of the Nisga'a Nation, a Nisga'a Village or a Nisga'a Corporation to the same extent that a covenant may be created, enforced and registered under that section in favour of the Crown.
373.64 (1) If land the title to which is registered becomes vested in the Nisga'a Nation or a Nisga'a Village under Nisga'a law otherwise than as a result of tax sale proceedings, the registrar,
(a) on application by the chief administrative officer of the Nisga'a Lisims Government or the applicable Nisga'a Village Government, and
(b) on the production of a certificate of vesting signed by the chief administrative officer and describing the land,
must register an indefeasible title to that land in the name of the Nisga'a Nation or applicable Nisga'a Village, and cancel any existing indefeasible title to the land, or effect registration by way of charge in the name of the Nisga'a Nation or applicable Nisga'a Village.
(2) Section 278 applies to the registration of land under this section.
373.7 (1) The collector or other proper officer of the Nisga'a Lisims Government or a Nisga'a Village Government, as the case may be, has the same duty to file a notice with the registrar
(a) in respect of a parcel of Nisga'a Lands sold for taxes under a Nisga'a law as the collector or other proper officer of a taxing authority has in respect of other land under section 272 (1), and
(b) in respect of a parcel of Nisga'a Lands sold for taxes or subject to forfeiture under a Nisga'a law as the collector or other proper officer of a taxing authority has in respect of other land under section 273 (1).
(2) Section 272 (2) and (3) applies in respect of a notice required under subsection (1) (a) of this section and section 273 (2) and (3) applies in respect of a notice required under subsection (1) (b) of this section.
373.71 In applying section 276 (1) in respect of Nisga'a Lands, the purging and disencumbering of the land under section 276 (1) (a) and (b) does not result in a purging and disencumbering of the rights specified in section 373.2 (1) (a), (b) and (d).
373.72 If, in the opinion of the registrar, a person empowered to administer a Nisga'a law has produced satisfactory evidence of a contravention of that law and a prohibition is considered necessary to prevent improper dealing in a parcel of Nisga'a Lands covered by an indefeasible title, the registrar has the power to lodge a caveat under section 285 to prohibit dealing with that land.
373.73 (1) An application under paragraph 5 of the Land Title Chapter of the Nisga'a Final Agreement must be accompanied by a plan of the land affected by the application that
(a) is based on a survey prepared by a British Columbia land surveyor or, if the survey is conducted before the date on which the Nisga'a Final Agreement takes effect, on a survey prepared by a Canada land surveyor,
(b) complies with the General Survey Instruction Regulation, B.C. Reg. 33/96, and
(c) is signed by the Surveyor General.
(2) If the plan meets the requirements of subsection (1) (a) and (b), the Surveyor General must sign the plan.
(3) The signature of the Surveyor General on a plan referred to in subsection (1) constitutes conclusive evidence to the registrar that
(a) the land shown on the plan forms part of Nisga'a Lands,
(b) no part of the land described in the plan is submerged land other than a part that is, by appropriate labels and boundary outlines, designated as submerged lands, and
(c) the plan does not conflict with any other plan on deposit in the land title office.
(4) An indefeasible title to a fee simple estate in any portion of Nisga'a Lands does not include submerged land whether or not the submerged land is shown on a plan referred to in subsection (1) and every indefeasible title to a portion of Nisga'a Lands must be construed accordingly.
373.8 A Nisga'a certificate constitutes conclusive evidence to the registrar that the person named in the certificate as the owner of the land described in the certificate is entitled to a good safe holding and marketable title in fee simple in respect of that land.
373.81 (1) If land is to be added to Nisga'a Lands under paragraph 9 or 11 of the Lands Chapter of the Nisga'a Final Agreement and, at the time of the addition, an indefeasible title to the land to be added is registered under this Act, the minister responsible for aboriginal affairs must file a certificate in the land title office in respect of the land to be added.
(2) A certificate referred to in subsection (1) must
(a) contain a description of the land sufficient for the registrar to identify it in the records, and
(b) state that the land has been added to Nisga'a Lands in accordance with the Nisga'a Final Agreement.
(3) On receiving a certificate under this section, the registrar must endorse a notation in the proper register stating that the land forms part of Nisga'a Lands and may be subject to conditions, provisos, restrictions, exceptions and reservations, including royalties, in favour of the Nisga'a Nation.
(4) A certificate filed under this section is conclusive evidence to the registrar that the addition was made in accordance with the Nisga'a Final Agreement.
373.82 (1) For the purpose of applying the Torrens system, as defined in Part 24, to Nisga'a Lands, an instrument executed by or on behalf of the Nisga'a Nation or a Nisga'a Village is conclusively deemed to be properly executed if
(a) the seal of the Nisga'a Nation or applicable Nisga'a Village is affixed to the instrument in the presence of a person described as an authorized signatory, and
(b) execution is proved in the same manner as is provided in section 46, in cases of execution by a corporation.
(2) An instrument executed and proved in compliance with subsection (1) constitutes conclusive evidence to the registrar that the requirements of Nisga'a law relating to the execution of the instrument and the disposition contemplated by it have been fulfilled.
(3) If an instrument executed by or on behalf of the Nisga'a Nation or a Nisga'a Village is presented for registration under this Act, the registrar need not act on, inquire into or give effect to Nisga'a law or make any inquiry into the capacity of either of them or make any other inquiry into whether or not
(a) any Nisga'a law is in force,
(b) the transaction contemplated by the instrument was duly authorized in accordance with Nisga'a law,
(c) all rules and procedures established by the Nisga'a Lisims Government or Nisga'a Village Government respecting the disposition of an estate or interest in land have been complied with, or
(d) the Nisga'a Nation or Nisga'a Village subsists as a legal entity.
(4) In addition to the limits of liability established under section 303, neither the assurance fund nor the Attorney General is, under any circumstances, liable for compensation for loss, damage or deprivation occasioned by an ultra vires or unlawful act of the Nisga'a Lisims Government or Nisga'a Village Government or by the improper use of the seal of either of them.
373.9 (1) An application for the registration of an indefeasible title to all or any portion of Category A Lands or Category B Lands must be accompanied by
(a) a plan of the land affected by the application, which plan meets the requirements of subsection (2), and
(b) a certificate of the minister responsible for aboriginal affairs that meets the requirements of subsection (3).
(2) The plan referred to in subsection (1) (a) must
(a) be based on a survey prepared by a British Columbia land surveyor,
(b) comply with the General Survey Instruction Regulation, B.C. Reg. 33/96, and
(c) be signed by the Surveyor General.
(3) The certificate referred to in subsection (1) (b) must
(a) state that the land shown on the plan referred to in subsection (1) (a) forms part of Category A Lands or Category B Lands,
(b) set out the conditions, provisos, restrictions, exceptions and reservations, including royalties, to which the land is subject, and
(c) state that the plan does not conflict with any other plan on deposit in the land title office.
(4) A certificate that meets the requirements of subsection (3) constitutes conclusive evidence to the registrar of the matters set out in the certificate.
(5) On receiving a plan and certificate under this section, the registrar must endorse a notation in the proper register stating that the land may be subject to conditions, provisos, restrictions, exceptions and reservations, including royalties, in favour of the Nisga'a Nation.
(6) An indefeasible title to a fee simple estate in any portion of Category A Lands or Category B Lands does not, unless the certificate referred to in subsection (3) provides otherwise, include submerged land and every indefeasible title to a portion of Category A Lands or Category B Lands must be construed accordingly.
373.91 (1) An indefeasible title to a parcel of Category A Lands or Category B Lands, as long as it remains in force and uncancelled, is conclusive evidence at law and in equity, as against the Crown and all other persons, that the person named in the title is indefeasibly entitled to an estate in fee simple to the land described in the indefeasible title subject to the subsisting conditions, provisos, restrictions, exceptions and reservations, including royalties, set out in the certificate referred to in section 373.9 that relates to that parcel.
(2) The matters to which an indefeasible title to a parcel of Category A Lands or Category B Lands is subject under subsection (1) are in addition to any other matters to which that title is subject under section 23 (2), as that section applies to that parcel under the Nisga'a Final Agreement.
(3) Section 23 (4) does not apply in respect of Category A Lands and Category B Lands.
48 Section 7 of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended by adding the following subsections:
(6) For the purposes of paragraph 114 of the Nisga'a Government Chapter of the Nisga'a Final Agreement, the general manager has the responsibility for
(a) authorizing a Nisga'a designate to issue special occasion licences under subsection (1), and
(b) delegating to a Nisga'a designate the authority to make the decision referred to in subsection (3).
(7) A Nisga'a designate has the same duty in respect of a licence issued by the Nisga'a designate under this section as the store manager has under subsection (5) in respect of a licence issued by the store manager.
(8) In this section:
"Nisga'a designate" means a person designated under paragraph 114 of the Nisga'a Government Chapter of the Nisga'a Final Agreement;
"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act.
49 The Mineral Land Tax Act, R.S.B.C. 1996, c. 290, is amended by adding the following section:
3.1 (1) In this section, "Taxation Agreement" means the Nisga'a Nation Taxation Agreement tabled in the Legislative Assembly on the day the Nisga'a Final Agreement Act receives First Reading, but does not include any amendments made to that agreement after that date.
(2) Despite section 3, a person is not subject to tax under this Act if and to the extent that the Taxation Agreement provides that the person is not subject to tax under this Act.
50 The Mineral Tax Act, R.S.B.C. 1996, c. 291, is amended by adding the following section:
2.1 (1) In this section, "Taxation Agreement" means the Nisga'a Nation Taxation Agreement tabled in the Legislative Assembly on the day the Nisga'a Final Agreement Act receives First Reading, but does not include any amendments made to that agreement after that date.
(2) Despite section 2, a person is not subject to tax under this Act if and to the extent that the Taxation Agreement provides that the person is not subject to tax under this Act.
51 The Mining Tax Act, R.S.B.C. 1996, c. 295, is amended by adding the following section:
2.1 (1) In this section:
"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act;
"person" has the same meaning as in paragraph 1 of the Fiscal Relations Chapter of the Nisga'a Final Agreement;
"Taxation Agreement" means the Nisga'a Nation Taxation Agreement tabled in the Legislative Assembly on the day the Nisga'a Final Agreement Act receives First Reading, but does not include any amendments made to that agreement after that date.
(2) Despite section 2, a person is not subject to tax under this Act if and to the extent that the Taxation Agreement provides that the person is not subject to tax under this Act.
52 The Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is amended by adding the following section:
20.1 (1) In this section:
"person" has the same meaning as "claimant" in paragraph 6 (b) of the Taxation Agreement;
"Taxation Agreement" means the Nisga'a Nation Taxation Agreement tabled in the Legislative Assembly on the day the Nisga'a Final Agreement Act receives First Reading, but does not include any amendments made to that agreement after that date.
(2) On application and on receipt of evidence establishing that a person is entitled to a refund as provided in the Taxation Agreement of tax paid by the person under this Act, the director must pay that refund from the consolidated revenue fund to that person.
53 Section 50 (1) (b) is amended by adding "20.1," after "20,".
54 The Municipal Act, R.S.B.C. 1996, c. 323, is amended by adding the following section to Part 7:
301.1 (1) In this section, "Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act.
(2) The Lieutenant Governor in Council may make regulations prescribing the modifications considered necessary or advisable for applying this Part for the purposes of paragraphs 133, 135 and 138 of the Nisga'a Government Chapter of the Nisga'a Final Agreement.
55 Schedule D of the Park Act, R.S.B.C. 1996, c. 344, is amended by repealing the description of ANHLUUT'UKWSIM LAXMIHL ANGWINGA'ASANSKWHL NISGA'A (a.k.a. Nisga'a Memorial Lava Bed Park) and substituting the following:
All those parcels or tracts of Crown land, together with all that land or land covered by water lying below the present natural boundary, situated in Cassiar District and lying within the following described boundaries:
Commencing at the post set at the southeast corner of District Lot 1093, being former Gwinaha Indian Reserve No. 44, with said post to be marked #54; thence northerly along the easterly boundary of District Lot 1093, being former Gwinaha Indian Reserve No. 44, and continuing northerly along a portion of the easterly boundary of former Gitwinksihlkw (Kitwilluchsilt) Indian Reserve No. 7, passing through the post set at the southeast corner thereof and to be marked number #53, to the post set at the intersection of said easterly boundary with the left natural boundary of Nass River, and with said post to be marked number #52; thence in a generally northeasterly direction along said natural boundary of Nass River to the southwest corner of District Lot 1094, being former Amaral Indian Reserve No. 46 and 47 (undivided) and a point on said natural boundary; thence easterly and northerly along the southerly and easterly boundaries of District Lot 1094, being former Amaral Indian Reserve No. 46 and 47 (undivided) to the southwest corner of former Amatal Indian Reserve No. 6; thence easterly and northerly along the southerly and easterly boundaries of former Amatal Indian Reserve No. 6 to the left natural boundary of Nass River, and being the river channel lying to the South and East of former Amatal Indian Reserve No. 5; thence in a general northeasterly direction along the said natural boundary of Nass River to the southwest corner of District Lot 5287, being former Quinogag Indian Reserve No. 61 and a point on said natural boundary; thence easterly and northerly along the southerly and easterly boundaries of District Lot 5287, being former Quinogag Indian Reserve No. 61, to the northeast corner thereof, being a point on the left natural boundary of Nass River; thence in a general northeasterly direction along said natural boundary of Nass River to the left natural boundary of Tseax River; thence southeasterly along the left natural boundary of Tseax River to a point thereon, with said point lying on a bearing of 270° from the post set at the southeast corner of District Lot 5275, being former Ksilamisk Indian Reserve No. 89, and to be marked #51; thence on a bearing of 90°, passing through the southeast corner of District Lot 5275, being former Ksilamisk Indian Reserve No. 89, to the intersection with a line drawn parallel to and 60 metres perpendicularly distant easterly from the right natural boundary of Tseax River, and with said intersection to be marked by a post to be set and numbered #50; thence in a general southeasterly direction along said line drawn parallel to, and 60 metres perpendicularly distant easterly from the right natural boundary of Tseax River to the most westerly boundary of former New Aiyansh Indian Reserve No. 1 as shown on Plan 65110 recorded in the Canada Lands Surveys Records at Ottawa; thence southerly along the westerly boundary of former New Aiyansh Indian Reserve No. 1 to the northeast corner of Lot A of District Lot 4012, Plan 9176; thence westerly along the northerly boundary of said Lot A to the northwest corner thereof; thence in a general southerly direction along the westerly boundary of said Lot A to the southwest corner thereof, with a portion of the westerly boundary of said Lot A being also the right natural boundary of Tseax River and with said southwest corner being a point thereon; thence easterly along the southerly boundary of said Lot A to its intersection with a line drawn parallel to and 60 metres perpendicularly distant easterly from the right natural boundary of Tseax River; thence in a general southeasterly direction along said line drawn parallel to, and 60 metres perpendicularly distant easterly from the right natural boundary of Tseax River to the southerly prolongation of the easterly boundary of District Lot 4014; thence northerly to and along the easterly boundary of District Lot 4014, passing through the post set at the southeast corner thereof, and to be marked as post number #49, to the intersection of said easterly boundary with a line drawn parallel to and 600 metres perpendicularly distant easterly from the centre line of Nisga'a Highway (formerly Nass Valley Road); thence in a general southeasterly direction along said line drawn parallel to and 600 metres perpendicularly distant easterly from the centre line of Nisga'a Highway (formerly Nass Valley Road), to the middle line of Bubo Creek; thence on a bearing of 176°, a distance of 2.700 kilometres; thence on a bearing of 63°, a distance of 2.175 kilometres; thence on a bearing of 53°, a distance of 1.175 kilometres, more or less, to a post which is to be set on the southerly boundary of the watershed of Bubo Creek; thence on a bearing of 1°24'00", a distance of 3.087 kilometres; thence on a bearing of 328°37'00", a distance of 1.160 kilometres; thence on a bearing of 21°49'00", a distance of 1.286 kilometres to a post set on the left natural boundary of a tributary of Eider Creek; thence on a bearing of 323°47'00", a distance of 1.600 kilometres; thence on a bearing of 288°06'00", a distance of 985 metres; thence on a bearing of 15°45'00", a distance of 1.051 kilometres, more or less, to post #47 which is to be set on the right natural boundary of Fulmar Creek; thence on a bearing of 294°00'00", a distance of 2.03 kilometres; thence on a bearing of 62°01'00", a distance of 2.139 kilometres; thence on a bearing of 1°48'00", a distance of 889 metres to a post which is to be set and numbered #46; thence on a bearing of 262°14'00", a distance of 2.106 kilometres; thence on a bearing of 321°00'00", a distance of 805 metres; thence on a bearing of 45°46'00", a distance of 857 metres; thence on a bearing of 303°02'00", a distance of 247 metres; thence on a bearing of 90°00'00", a distance of 1.80 kilometres, more or less, to post number #45 which is to be set at the summit of Mount Hoeft; thence northeasterly in a straight line to the summit of Mount Priestly, being a point on the easterly boundary of the watershed of Seaskinnish Creek; thence southerly along the easterly boundaries of the watersheds of Seaskinnish Creek and Crater Creek to the southerly boundary of the watershed of Crater Creek; thence westerly along the southerly boundary of the watershed of Crater Creek to a point thereon, with said point lying on a bearing of 0°, a distance of 300 metres, more or less, from the most northerly fork at the headwaters of Sterling Creek, with said fork being on an approximate bearing of 90°, a distance of 5.50 kilometres, more or less, from the confluence of Tumbling Creek with the easterly natural boundary of Lava Lake; thence on a bearing of 0° to the middle line of the most southerly main tributary of the unnamed creek that flows northwesterly into Crater Creek; thence in a general northwesterly direction along the middle line of said most southerly main tributary of the unnamed creek that flows northwesterly into Crater Creek and continuing northwesterly along the middle line of said unnamed creek to a point on a line drawn parallel to and 400 metres perpendicularly distant southerly from the left natural boundary of Crater Creek; thence southwesterly in a straight line to the intersection of the middle line of Jay Creek with the westerly boundary of Nisga'a Highway (formerly Nass Valley Road); thence in a general southerly direction along said westerly boundary of Nisga'a Highway (formerly Nass Valley Road) to the 55th parallel of North latitude (based on NAD 83 Datum); thence westerly along said 55th parallel of North latitude to the left natural boundary of Tseax River; thence northwesterly in a straight line to a point on a line drawn on a bearing of 270°, and 100 metres perpendicularly distant westerly from, the most southerly point on the westerly natural boundary of the West arm of Lava Lake; thence in a general northerly direction along said line drawn parallel to and 100 metres perpendicularly distant westerly from the westerly natural boundary of the West arm of Lava Lake and continuing in a general northerly direction along a line drawn parallel to and 100 metres perpendicularly distant westerly from the westerly natural boundary of Lava Lake to the point of intersection with the middle line of Aquila Creek; thence westerly along the middle line of Aquila Creek to a point thereon, with said point lying on a bearing of 180° from a post set on the left natural boundary of Aquila Creek a distance of 953.7 metres upstream from the confluence of Aquila Creek with the westerly natural boundary of Lava Lake; thence on a bearing of 0° to said post; thence on a bearing of 3°29'37.75", a distance of 2.209 kilometres, more or less, to the intersection with a line drawn on a bearing of 245° from Pipe Post No. 31 set on the easterly side of the British Columbia Hydro and Power Authority (B.C.H.&P.A.) transmission line right of way as shown on Plan 5611, on deposit in the Land Title Office in Prince George (formerly Prince Rupert); thence on a bearing of 65° to a point on a line drawn parallel to and 400 metres perpendicularly distant westerly from the centre line of Nisga'a Highway (formerly Nass Valley Road); thence in a general northwesterly direction along said line drawn parallel to and 400 metres perpendicularly distant westerly from the centre line of Nisga'a Highway (formerly Nass Valley Road) to post number #64 which is to be set at the intersection of the right natural boundary of an unnamed creek that flows northeasterly into Tseax River with said line drawn parallel to and 400 metres perpendicularly distant southwesterly from the centre line of Nisga'a Highway (formerly Nass Valley Road); thence on a bearing of 295°08'00", a distance of 2.48 kilometres; thence on a bearing of 270°15'00", a distance of 1.25 kilometres; thence on a bearing of 307°15'00", a distance of 2.500 kilometres, more or less to post number #63 which is to be set on a bearing of 270° from the southwest corner of District Lot 4013, Cassiar District; thence on a bearing of 249°15'00", a distance of 2.35 kilometres, to a post which is to be set and numbered #62; thence on a bearing of 150°15'00", a distance of 500 metres, to a post which is to be set and numbered #61; thence on a bearing of 206°45'00", a distance of 1.083 kilometres; thence on a bearing of 270°15'00", a distance of 2.277 kilometres, to a post which is to be set and numbered #60; thence on a bearing of 150°37'00", a distance of 497 metres; thence on a bearing of 222°39'00", a distance of 654 metres to a post which is to be set and numbered #59; thence on a bearing of 248°32'00", a distance of 1.096 kilometres; thence on a bearing of 276°14'00", a distance of 695 metres, more or less, to post numbered #58 which is to be set on the left natural boundary of Zolzap Creek; thence in a general westerly direction along the left natural boundary of ZolZap Creek to post numbered #57 which is to be set at the intersection of said left natural boundary with the southerly boundary of former Zaulzap Indian Reserve No. 29; thence easterly and northerly along the southerly and easterly boundaries of former Zaulzap Indian Reserve No. 29, passing through the post set at the southeast corner thereof, and to be marked number #56, to the post set at the southwest corner of District Lot 1093, being former Gwinaha Indian Reserve No. 44, and to be marked number #55; thence easterly along the southerly boundary of District Lot 1093, being former Gwinaha Indian Reserve No. 44 to the post set at the southeast corner thereof, and to be marked post number #54, being the point of commencement;
The whole containing approximately 17 893 hectares.
56 Schedule E is amended by adding the following park:
All that parcel or tract of Crown land, together with all that land or land covered by water lying below the present natural boundary, lying within the following described boundaries:
Commencing at the intersection of the southerly boundary of Stewart-Cassiar Highway (Highway 37A) with the middle line of an unnamed creek that flows southwesterly into Bear River, with said intersection lying on a bearing of 101°15'00", a distance of 708 metres, more or less, from the most northerly northeast corner of District Lot 5364, Cassiar District, being the "Some Fraction" Mineral Claim; thence on an approximate bearing of 214°04'00", a distance of 900 metres, more or less, to the most easterly corner of District Lot 5362, being the "Heather No. 6" Mineral Claim; thence in a general southerly direction along the easterly boundary of District Lot 5362 to the most southerly southeast corner thereof; thence on a bearing of 226°58'00", a distance of 764 metres; thence on a bearing of 192°44'00", a distance of 662 metres; thence on a bearing of 182°47'00", a distance of 348 metres; thence on a bearing of 103°22'00", a distance of 609 metres; thence on a bearing of 58°13'00", a distance of 2 346 metres; thence on a bearing of 102°56'00", a distance of 596 metres, more or less, to the middle line of the unnamed creek that flows in a general northerly direction into Strohn Lake; thence northeasterly and northerly along the middle line of said unnamed creek a distance of 854 metres; thence on a bearing of 94°52'00", a distance of 389 metres, more or less, to the middle line of the unnamed creek that flows northeasterly into Strohn Creek; thence northeasterly along the middle line of said unnamed creek a distance of 800 metres, more or less, to the right natural boundary of Strohn Creek; thence on a bearing of 0°00'00", a distance of 115 metres, more or less, to the southerly boundary of Stewart-Cassiar Highway (Highway 37A); thence westerly along the southerly boundary of Stewart-Cassiar Highway (Highway 37A) to the point of commencement.
Excepting thereout the Ministry of Transportation and Highways "25 Mile South Pit", which can be more particularly described as:
Commencing at the intersection of the southerly boundary of Stewart-Cassiar Highway (Highway 37A) with the southerly boundary of Bear Glacier Rest Area Access Road; thence southwesterly along the southerly boundary of Bear Glacier Rest Area Access Road a distance of 325 metres; thence on a bearing of 163°00'00", a distance of 125 metres; thence on a bearing of 79°00'00", a distance of 325 metres; thence on a bearing of 338°00'00", a distance of 248 metres, more or less, to the point of commencement, and containing approximately 6.6 hectares.
57 Section 1 (1) of the Pension (Municipal) Act, R.S.B.C. 1996, c. 355, is amended by adding the following definitions:
"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act;
"Nisga'a Lisims Government" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Village Government" has the same meaning as in the Nisga'a Final Agreement; .
58 Section 2 (2) is amended by adding the following paragraph:
(m.1) the Nisga'a Lisims Government and a Nisga'a Village Government but only if declared to be applicable by order of the board, on receipt of a resolution of the elected members of the Nisga'a Lisims Government or the applicable Nisga'a Village Government, and only in respect of those employees or groups of employees recommended by the Nisga'a Lisims Government or the applicable Nisga'a Village Government and approved by the board; .
59 The Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended by adding the following section:
80.1 (1) In this section, "Taxation Agreement" means the Nisga'a Nation Taxation Agreement tabled in the Legislative Assembly on the day the Nisga'a Final Agreement Act receives First Reading, but does not include any amendments made to that agreement after that date.
(2) Despite section 80, a person is not subject to tax under this Act if and to the extent that the Taxation Agreement provides that the person is not subject to tax under this Act.
60 The Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is amended by adding the following section:
2.1 (1) In this section, "Taxation Agreement" means the Nisga'a Nation Taxation Agreement tabled in the Legislative Assembly on the day the Nisga'a Final Agreement Act receives First Reading, but does not include any amendments made to that agreement after that date.
(2) Despite section 2, a person is not subject to tax under this Act if and to the extent that the Taxation Agreement provides that the person is not subject to tax under this Act.
61 Section 86 of the School Act, R.S.B.C. 1996, c. 412, is amended by adding the following subsections:
(3.1) With the approval of the minister, a board may enter into an agreement with the Nisga'a Lisims Government with respect to the education of a Nisga'a child.
(3.2) In subsection (3.1), "Nisga'a child" and "Nisga'a Lisims Government" have the same meanings as in the Nisga'a Final Agreement as defined in the Nisga'a Final Agreement Act.
62 Section 9 of the Social Service Tax Act, R.S.B.C. 1996, c. 431, is amended by adding the following subsection:
(3.1) If, subsequent to the acquisition or lease of tangible personal property in respect of which a person, as that term is defined in section 82.1 (1), received a refund of tax under that section, the person uses the property for a use other than that which would entitle the person to receive a refund under section 82.1, the person must, at the time the property is so used, pay tax on the purchase price or lease price, as the case may be, of that property at the rate under this Act.
63 The following section is added:
82.1 (1) In this section:
"person" has the same meaning as "claimant" in paragraph 6 (b) of the Taxation Agreement;
"Taxation Agreement" means the Nisga'a Nation Taxation Agreement tabled in the Legislative Assembly on the day the Nisga'a Final Agreement Act receives First Reading, but does not include any amendments made to that agreement after that date.
(2) On application and on receipt of evidence establishing that a person is entitled to a refund as provided in the Taxation Agreement of tax paid by the person under this Act, the commissioner must pay that refund from the consolidated revenue fund to that person.
64 Section 8 of the Social Workers Act, R.S.B.C. 1996, c. 432, is amended
(a) by repealing subsection (1) (b) (iv) and substituting the following:
(iv) an Indian band, a tribal council, the Nisga'a Nation or a Nisga'a Village, or , and
(b) by adding the following subsection:
(4) In subsection (1) (b) (iv), "Nisga'a Nation" and "Nisga'a Village" have the same meanings as in the Nisga'a Final Agreement as defined in the Nisga'a Final Agreement Act.
65 The Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended by adding the following section:
2.1 (1) In this section, "Taxation Agreement" means the Nisga'a Nation Taxation Agreement tabled in the Legislative Assembly on the day the Nisga'a Final Agreement Act receives First Reading, but does not include any amendments made to that agreement after that date.
(2) Despite section 2, a person is not subject to tax under this Act if and to the extent that the Taxation Agreement provides that the person is not subject to tax under this Act.
66 The Water Act, R.S.B.C. 1996, c. 483, is amended by adding the following section:
44.1 (1) In this section, "Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act.
(2) The Lieutenant Governor in Council may, by order, establish the water reservation, described in paragraph 122 of the Lands Chapter of the Nisga'a Final Agreement, in favour of the Nisga'a Nation.
(3) The water reservation established under subsection (2) is deemed
(a) to be a water reservation under section 44 subject to the following:
(i) the water reserved by that water reservation may only be acquired for the purposes and in the manner contemplated by paragraphs 122 to 126 of the Lands Chapter of the Nisga'a Final Agreement;
(ii) section 44 (5) and (6) does not apply to that water reservation;
(iii) section 44 (7) and (8) does not apply to the water reserved by that water reservation, and
(b) to have been made on March 22, 1996 for the purposes of paragraph 123 of the Lands Chapter of the Nisga'a Final Agreement.
67 Section 1 of the Wills Variation Act, R.S.B.C. 1996, c. 490, is amended by adding the following definitions:
"cultural property" has the same meaning as in paragraph 115 of the Nisga'a Government Chapter of the Nisga'a Final Agreement;
"Nisga'a citizen" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act;
"Nisga'a law" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Lisims Government" has the same meaning as in the Nisga'a Final Agreement; .
68 The following section is added:
1.1 (1) As provided in paragraph 118 of the Nisga'a Government Chapter of the Nisga'a Final Agreement, the Nisga'a Lisims Government may commence an action under this Act in respect of the will of a Nisga'a citizen that provides for the devolution of cultural property.
(2) In any judicial proceeding under this Act in which the validity of a will of a Nisga'a citizen, or the devolution of the cultural property of a Nisga'a citizen, is at issue, the Nisga'a Lisims Government has standing in the proceeding as provided in paragraph 117 of the Nisga'a Government Chapter of the Nisga'a Final Agreement.
(3) In a proceeding to which subsection (2) applies, the court must consider, among other matters, any evidence or representations in respect of Nisga'a laws and customs dealing with the devolution of cultural property as provided in paragraph 119 of the Nisga'a Government Chapter of the Nisga'a Final Agreement.
(4) As provided in paragraph 120 of the Nisga'a Government Chapter of the Nisga'a Final Agreement, the participation of the Nisga'a Lisims Government in a proceeding to which subsection (1) applies must be in accordance with the applicable Rules of Court and does not affect the court's ability to control its process.
69 Section 3 is amended by adding the following subsection:
(1.1) An action in respect of the will of a Nisga'a citizen must not be heard by the court at the instance of a party claiming the benefit of this Act unless a copy of the writ of summons has been served on the Nisga'a Lisims Government.
70 This Act, except section 4, comes into force by regulation of the Lieutenant Governor in Council.
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