The following electronic version is for informational purposes only.
The printed version remains the official version.
CHAPTER 22 –
ENVIRONMENTAL ASSESSMENT AND
ENVIRONMENTAL PROTECTION
22.1.1 For greater certainty, Federal Law and Provincial Law in relation to Environmental Assessment apply on Maa‑nulth First Nation Lands.
22.1.2 Notwithstanding any decision made by Canada or British Columbia in respect of a Federal Project or Provincial Project, no Federal Project or Provincial Project on the Maa‑nulth First Nation Lands of a Maa‑nulth First Nation will proceed without the consent of that Maa‑nulth First Nation.
22.2.1 If a Federal Project is located within a Maa‑nulth First Nation Area, and may reasonably be expected to adversely affect Maa‑nulth First Nation Lands or Maa‑nulth First Nation Section 35 Rights, Canada will ensure that the applicable Maa‑nulth First Nation is provided with timely notice of the Environmental Assessment and information describing the Federal Project, in sufficient detail, to permit that Maa‑nulth First Nation to determine if it is interested in participating in the Environmental Assessment.
22.2.2 If a Maa‑nulth First Nation confirms that it is interested in participating in the Environmental Assessment of the Federal Project in accordance with 22.2.1,
a. Canada will provide that Maa‑nulth First Nation with an opportunity to comment on the Environmental Assessment conducted under the Canadian Environmental Assessment Act, including:
i. the scope of the Federal Project;
ii. the environmental effects of the Federal Project;
iii. any mitigation measures to be implemented; and
iv. any follow-up programs to be implemented;
b. that Maa‑nulth First Nation will have access to information in Canada's possession related to the Environmental Assessment of the Federal Project, in accordance with the public registry provisions in the Canadian Environmental Assessment Act; and
c. during the course of the Environmental Assessment conducted under the Canadian Environmental Assessment Act, Canada will give full and fair consideration to any comments made in accordance with 22.2.2a., and will respond to the comments, before making any decision to which those comments pertain.
22.2.3 If a Federal Project described in 22.2.1 is referred to a panel under the Canadian Environmental Assessment Act, the applicable Maa‑nulth First Nation will have the opportunity to propose to the Minister a list of names that the Minister may consider for appointment to any panel unless:
a. the panel is a decision-making body, such as the National Energy Board; or
b. that Maa‑nulth First Nation is a proponent of the Federal Project.
22.2.4 If a Federal Project described in 22.2.1 is referred to a panel under the Canadian Environmental Assessment Act, the applicable Maa‑nulth First Nation will have formal standing before that panel.
22.3.1 If a Provincial Project is located within a Maa‑nulth First Nation Area and may reasonably be expected to adversely affect Maa‑nulth First Nation Lands, the residents of such lands, or Maa‑nulth First Nation Section 35 Rights under this Agreement, British Columbia will ensure that the applicable Maa‑nulth First Nation:
a. is provided with timely notice of, and relevant available information on, the Provincial Project;
b. is Consulted regarding the environmental effects of the Provincial Project; and
c. receives an opportunity to participate in any Environmental Assessment of that Provincial Project.
22.3.2 British Columbia will respond to any views provided by the applicable Maa‑nulth First Nation to British Columbia in 22.3.1 before making a decision that would have the effect of enabling the Provincial Project to be carried out in whole or in part.
22.4.1 Each Maa‑nulth First Nation Government may make laws applicable on the Maa‑nulth First Nation Lands of the applicable Maa‑nulth First Nation to protect, preserve and conserve the Environment including:
a. prevention, mitigation and remediation of pollution and degradation of the Environment;
b. waste management, including solid wastes and wastewater;
c. protection of local air quality; and
d. Environmental Emergency response.
22.4.2 Federal Law or Provincial Law prevails to the extent of a Conflict with Maa‑nulth First Nation Law under 22.4.1.
22.5.1 Each Maa‑nulth First Nation is responsible for the prevention of, preparedness for, timely response to and recovery from Environmental Emergencies that originate on its Maa‑nulth First Nation Lands.
22.5.2 Any Party may respond to an Environmental Emergency on Crown land or Maa‑nulth First Nation Lands or the bodies of water immediately adjacent to Maa‑nulth First Nation Lands, if the Party with primary responsibility for responding has not responded or is unable to respond in a timely manner.
22.5.3 Any Party responding in accordance with 22.5.2 will notify the applicable Parties of such response.
22.6.1 Huu‑ay‑aht First Nations, Toquaht Nation and Ucluelet First Nation each acknowledges that, on the Effective Date, its Maa‑nulth First Nation Community Watershed Lands are located within an area designated under Provincial Law as a community watershed in order to protect water being diverted for human consumption through a licensed waterwork.
22.6.2 Huu‑ay‑aht First Nations, Toquaht Nation and Ucluelet First Nation will each manage, use and develop its Maa‑nulth First Nation Community Watershed Lands in accordance with those standards and objectives established under Provincial Law for the purpose of protecting water being diverted for human consumption which applies to provincial Crown land adjacent to such lands.
22.6.3 British Columbia will Consult with the applicable Maa‑nulth First Nation before discontinuing a community watershed designation which applies to the Maa‑nulth First Nation Community Watershed Lands of that Maa‑nulth First Nation.
22.6.4 If British Columbia determines that any Maa‑nulth First Nation Community Watershed Lands are no longer required for the purpose of protecting water being diverted for human consumption, British Columbia will notify the applicable Maa‑nulth First Nation and the obligation to manage, use and develop such lands in accordance with 22.6.2 will terminate.
22.6.5 For greater certainty, nothing in this Agreement limits the application of the Drinking Water Protection Act to Maa‑nulth First Nation Community Watershed Lands.