PUBLIC INFORMATION PACKAGE

REZONING APPLICATION E-02-20 Rezoning Bylaw 1942, 2021 Bylaw for 1st and 2nd Reading

Rezoning Application Moved by Director Lambert RZ E-02-20 1st & 2nd Reading Seconded by Director Riis-Christianson Report for Rezoning Bylaw No. 1942, 2021 Electoral Area “E”

2021-4-6 1. “That Regional District of Bulkley-Nechako Rezoning Bylaw No. 1942, 2021 be given first and second reading this 25th day of March, 2021 and subsequently be taken to Public Hearing.

2. That the Public Hearing for Regional District of Bulkley-Nechako Rezoning Bylaw No. 1942, 2021 be delegated to the Director or Alternate Director for Electoral Area E.”

(All/Directors/Majority) CARRIED UNANIMOUSLY

“A WORLD OF OPPORTUNITIES WITHIN OUR REGION” 37, 3RD Avenue, PH: 250-692-3195 PO Box 820, TF: 800-320-3339 , BC V0J 1E0 FX: 250-692-3305 www.rdbn.bc.ca E-MAIL:[email protected] NOTICE OF PUBLIC HEARING Notice is hereby given that an electronic/ telephone Public Hearing affecting “Regional District of Bulkley-Nechako Zoning Bylaw No. 1800, 2020” (the Zoning Bylaw) will be held on April 13, 2021 at 7:00 P.M. The Regional District proposes to amend “Regional District of Bulkley-Nechako Rezoning Bylaw No. 1942, 2021 by applying the Rural Resource (RR1) Zone to the land within the application area to match the zoning of the surrounding land. The application area is located 25 kilometres south of the Francois Lake - Southbank ferry landing. LOCATION MAP FOR BYLAW No. 1942, 2021

Keefes Landing Rd

Eakin Settlement Rd Ootsa Lake

Ootsa Nadina Rd

At the Public Hearing, all persons who believe that their interest in property is affected by the proposed bylaw shall be afforded a reasonable opportunity to be heard. Any person wanting to participate in the Public Hearing must contact the RDBN Planning Department no later than April 13, 2021 at 1:00 P.M. to receive instructions regarding telephone participation or video conferencing at the Public Hearing. Written submissions to the Public Hearing must be sent by mail to P.O. Box 820, Burns Lake, BC, V0J 1E0; by fax to (250) 692-3305; or by e-mail to [email protected] and must be received by the Regional District of Bulkley-Nechako no later than April 13, 2021 at 1:00 P.M. to be ensured of consideration at the Public Hearing. The Public Hearing on Bylaw No. 1942, 2021 will be chaired by the Director or Alternate Director for Electoral Area ‘E’ as a delegate of the Board. A copy of the Board resolution making the delegation, copies of the proposed bylaw and other relevant information, including written submissions to the public hearing, may be inspected from March 31, 2021 to April 13, 2021 at the of ce of the Regional District of Bulkley- Nechako between the hours of 8:30 AM - 4:30 PM, Monday through Friday, excluding holidays or online at www.rdbn.bc.ca/departments/ planning/public-meetings. For further information or to receive instructions regarding video conferencing or telephone participation, please call the Regional District of Bulkley-Nechako Planning Department at 250- 692-3195 or toll free at 1-800-320-3339. This is the rst of two publications. “A WORLD OF OPPORTUNITIES WITHIN OUR REGION” 37, 3RD Avenue, PH: 250-692-3195 PO Box 820, TF: 800-320-3339 Burns Lake, BC V0J 1E0 FX: 250-692-3305 www.rdbn.bc.ca E-MAIL:[email protected] NOTICE OF PUBLIC HEARING Notice is hereby given that an electronic/ telephone Public Hearing affecting “Regional District of Bulkley-Nechako Zoning Bylaw No. 1800, 2020” (the Zoning Bylaw) will be held on April 13, 2021 at 7:00 P.M. The Regional District proposes to amend the Zoning Bylaw with “Regional District of Bulkley- Nechako Rezoning Bylaw No. 1942, 2021” which applies the Rural Resource (RR1) Zone to the land within the application area to match the zoning of the surrounding land. The application area is located 25 kilometres south of the Francois Lake - Southbank ferry landing. LOCATION MAP FOR BYLAW No. 1942, 2021

Keefes Landing Rd

Eakin Settlement Rd Ootsa Lake

Ootsa Nadina Rd

At the Public Hearing, all persons who believe that their interest in property is affected by the proposed bylaw shall be afforded a reasonable opportunity to be heard. Any person wanting to participate in the Public Hearing must contact the RDBN Planning Department no later than April 13, 2021 at 1:00 P.M. to receive instructions regarding telephone participation or video conferencing at the Public Hearing. Written submissions to the Public Hearing must be sent by mail to P.O. Box 820, Burns Lake, BC, V0J 1E0; by fax to (250) 692-3305; or by e-mail to [email protected] and must be received by the Regional District of Bulkley-Nechako no later than April 13, 2021 at 1:00 P.M. to be ensured of consideration at the Public Hearing. The Public Hearing on Bylaw No. 1942, 2021 will be chaired by the Director or Alternate Director for Electoral Area ‘E’ as a delegate of the Board. A copy of the Board resolution making the delegation, copies of the proposed bylaw and other relevant information, including written submissions to the public hearing, may be inspected from March 31, 2021 to April 13, 2021 at the of ce of the Regional District of Bulkley- Nechako between the hours of 8:30 AM - 4:30 PM, Monday through Friday, excluding holidays or online at www.rdbn.bc.ca/departments/ planning/public-meetings. For further information or to receive instructions regarding video conferencing or telephone participation, please call the Regional District of Bulkley-Nechako Planning Department at 250- 692-3195 or toll free at 1-800-320-3339. This is the second of two publications. REGIONAL DISTRICT OF BULKLEY-NECHAKO STAFF REPORT

TO: Chair Thiessen and Board of Directors FROM: Maria Sandberg, Planner DATE: March 25, 2021 SUBJECT: Rezoning RZ E-02-20 First and Second Reading Report for Rezoning Bylaw 1942, 2021

RECOMMENDATION

1. That “Regional District of Bulkley-Nechako Rezoning Bylaw No. 1942, 2021” be given first and second reading and subsequently be taken to Public Hearing. 2. That the Public Hearing for “Regional District of Bulkley-Nechako Rezoning Bylaw No. 1942, 2021” be delegated to the Director or Alternate Director for Electoral Area E.

VOTING

All Directors / Majority

EXECUTIVE SUMMARY

In early 2020, the RDBN Board considered a referral from the Ministry of Indigenous Relations and Reconciliation regarding a proposed disposition of Crown land to the Cheslatta Carrier Nation in Electoral Area E. The Board responded that they had no objection to the proposed land dispositions provided that the lands being transferred into fee simple ownership are zoned to the Board’s satisfaction prior to the land transfer. Staff are proposing that 70 un-zoned properties, including the proposed transfer lands and other properties in the application area, be zoned Rural Resource (RR1) similarly to adjacent lands.

Staff recommend that Bylaw No. 1942, 2020 be given 1st and 2nd readings and proceed to a Public Hearing.

APPLICATION SUMMARY

Name of Owners: See attached list of legal descriptions and ownership information Electoral Area: E Subject Properties: See attached list of legal descriptions Property Size: 7000 ha. (approx.) OCP Designation: Not applicable Zoning: Un-zoned ALR: Not in the ALR Existing Land Use: Vacant land Location: 25 kilometres south of Francois Lake - Southbank ferry landing

Proposal:

The Planning Department is proposing that the 70 un-zoned properties within the application area be zoned Rural Resource (RR1). As shown on the zoning map below, all the lands surrounding the application area are zoned primarily Rural Resource (RR1).

DISCUSSION

Presently the land in the application area falls into four ownership categories: 1. Land owned by the Crown. 2. Land owned by the Aluminum Company of Canada. 3. Land owned by the Cheslatta Carrier Nation (ownership transfer from the Aluminum Company of Canada in 2012). 4. Crown owned land proposed for disposition to the Cheslatta Carrier Nation.

In early 2020 the RDBN Board considered a referral from the Ministry of Indigenous Relations and Reconciliation regarding the proposed disposition of Crown land to the Cheslatta Carrier Nation. The Board responded that they had no objection to the proposed land dispositions provided that the lands being transferred into fee simple ownership are zoned to the Board’s satisfaction prior to the land transfer. Staff were directed to initiate the zoning process in consultation with the Cheslatta Carrier Nation.

Staff are proposing the un-zoned lands located in the area be zoned RR1. As noted, this includes the lands proposed for transfer to the Cheslatta Carrier Nation, other Crown lands, properties owned by the Aluminum Company of Canada, and properties previously transferred from the Aluminum Company of Canada to the Cheslatta Carrier Nation. The purpose of the rezoning is to ensure that all fee simple lands in the area are subject to the same regulation, given that lands in the area are available for private ownership and development. The map below shows the Crown Land proposed for transfer to the Cheslatta Carrier Nation in relation to the application area proposed for RR1 zoning.

Zoning and Official Community Plan

The RR1 zone allows the following uses: Agriculture Cabin Farmers’ Market Intensive Agriculture Large Kennel Portable Sawmill Primitive Campground Rural Retreat Single Family Dwelling Two Family Dwelling Veterinary Clinic

There is no Official Community Plan in place for this area.

Cheslatta Carrier Nation Engagement

Planning Department staff have discussed the proposed rezoning of the application area with the Cheslatta Carrier Nation representative on the project on several occasions. The formal letters sent to the Cheslatta Carrier Nation regarding the proposed zoning are attached. To date the Cheslatta Carrier Nation have not provided a position on the proposed rezoning.

Community and Engagement

All First Nations that identify traditional territory in the application area (Skin Tyee Nation, Wet’suwet’en First Nation, Office of the Wet’suwet’en Hereditary Chiefs, Nee-Tahi-Buhn Band, and the Cheslatta Carrier Nation) were sent a referral. Staff followed up with a phone call to First Nations to ask if the referral was received and offering to answer questions or hold a meeting to discuss the application. No referral comments have been received from First Nations.

Referral Comments

The Electoral Area “E” Advisory Planning Commission felt that it was appropriate to rezone the lands as proposed and recommended that the application be supported.

Rio Tinto (ALCAN) has not responded to the referral at the time of the writing of this report.

The Ministry of Transportation and Infrastructure has no objections to the proposal.

The Ministry of Indigenous Relations and Reconciliation has no objections to the proposal and submitted a letter that is attached to this report.

The Ministry of Forests, Lands, Natural Resource Operations and Rural Development recommended approval subject to conditions below:

The Nadina Natural Resource District (FLNRO) does not have any concerns with the rezoning of the identified parcels to RR1 status. We recommend that RDBN continue to work closely with the Ministry of Indigenous Relations and Reconciliation regarding potential land settlement areas.

ATTACHMENTS

Bylaw 1942, 2021 List of legal descriptions and ownership information Letter from Fred Oliemans, Regional Director, Ministry of Indigenous Relations and Reconciliation Letter dated June 22, 2020, to Mike Robertson, Sr. Policy Advisor, Cheslatta Carrier Nation Letter dated September 10, 2020 to Mike Robertson, Sr. Policy Advisor, Cheslatta Carrier Nation Referral Letters sent to First Nations REGIONAL DISTRICT OF BULKLEY-NECHAKO BYLAW NO. 1942, 2021 A Bylaw to Amend “Regional District of Bulkley-Nechako Zoning Bylaw No. 1800, 2020”

The Board of the Regional District of Bulkley-Nechako in open meeting enacts as follows: That “Regional District of Bulkley-Nechako Zoning Bylaw No. 1800, 2020” be amended such that the lands shown on Schedule “A”, which is incorporated in and forms part of this bylaw, are zoned “Rural Resource (RR1)” Zone. This bylaw may be cited as the “Regional District of Bulkley-Nechako Rezoning Bylaw No. 1942, 2021”.

READ A FIRST TIME this ___day of ______, 2021

READ A SECOND TIME this ___day of ______, 2021

PUBLIC HEARING HELD this ___day of ______, 2021

READ A THIRD TIME this ___day of ______, 2021 I hereby certify that the foregoing is a true and correct copy of “Regional District of Bulkley- Nechako Rezoning Bylaw No. 1942, 2021”

DATED AT BURNS LAKE this ___day of ______, 2021 ______Corporate Administrator

ADOPTED this ___day of ______, 2021 ______Chairperson Corporate Administrator

SCHEDULE “A” BYLAW NO. 1942, 2021

• District Lot 2545 • Part of Primary: District Lot 2539 • Part of Primary: District Lot 2553 • S1/2, District Lot 2552 • District Lot 2550 • N1/2, District Lot 2541 • Part of Primary: District Lot 2541 • District Lot 2554 • District Lot 2538 • District Lot 2540 • District Lot 2551 • SE1/4, District Lot 1751 • S1/2, District Lot 2549 • Part of Primary: District Lot 1759 • Part of Primary: District Lot 1751 • Part of Primary: District Lot 1753 • Part of Primary: District Lot 1754 • NW1/4, District Lot 1753 • N1/2, District Lot 1675 • SW1/4, District Lot 1673 • District Lot 1752 • District Lot 504 • District Lot 500 • District Lot 2459 • N1/2, District Lot 501 • The Northwest 1/4 of the Northwest of • District Lot 429 District Lot 482 • District Lot 670 • District Lot 671 • District Lot 672 • District Lot 673 • District Lot 674 • District Lot 1624 • District Lot 2435 • The Southeast 1/4 Of District Lot 2436 • The Fractional Southwest 1/4 of District Lot • That Part of District Lot 2460 Lying West of 2436 (Formerly Skins Lake Indian Reserve the South Production of The East Boundary No. 16) of District Lot 671 • District Lot 2460 Except That Part Lying • District Lot 2461 Except; Part on Plan West of The Southerly Production of The BCP20576 Easterly Boundary of District Lot 671 • District Lot 2544 Except Part on Plan • District Lot 2543 BCP20576 • District Lot 2546 • District Lot 2547 • The Southwest 1/4 of District Lot 398 • District Lot 399 Except Plan PRP13832 • The South 1/2 of District Lot 480 • The Southwest 1/4 of District Lot 479 • The South 1/2 of The Northwest 1/4 of • The South 1/2 of District Lot 482 District Lot 482 • The Fractional Northwest 1/4 of District Lot • The North 1/2 of The North 1/2 of the 483 Southeast 1/4 of District Lot 483 • The Southwest 1/4 of District Lot 483 • The Southeast 1/4 of District Lot 483 Except • The Northeast 1/4 of District Lot 484 the North 1/2 of the North 1/2 • District Lot 486 • The Fractional South 1/2 of District Lot 484 • The North 1/2 of District Lot 1673 • District Lot 488 • The Northwest 1/4 of District Lot 1674 • The Southeast 1/4 of District Lot 1673 • The North East 1/4 of District Lot 1753 • The North 1/2 of District Lot 1751 • District Lot 2548 • District Lot 2542 • The Fractional North 1/2 of District Lot 2552 • The Fractional North 1/2 of District Lot 2549 • Block A of the Southeast 1/4 of District Lot • The Fractional North 1/2 of District Lot 2553 2553 • District Lot 2555 • Part of Primary: District Lot 2537 All of Range 4 Coast District

Being zoned to “Rural Resource (RR1)” Zone, as shown.

I hereby certify that this is Schedule “A” of Bylaw No. 1942, 2021

______Corporate Administrator SUBJECT PROPERTIES Legal Description Ownership 1 DISTRICT LOT 2545, RANGE 4 COAST DISTRICT Crown Provincial 2 Part of Primary: DISTRICT LOT 2537, RANGE 4 COAST DISTRICT Crown Provincial 3 Part of Primary: DISTRICT LOT 2553, RANGE 4 COAST DISTRICT Crown Provincial 4 Part of Primary: DISTRICT LOT 2539, RANGE 4 COAST DISTRICT Crown Provincial 5 DISTRICT LOT 2550, RANGE 4 COAST DISTRICT Crown Provincial 6 S1/2, DISTRICT LOT 2552, RANGE 4 COAST DISTRICT Crown Provincial 7 Part of Primary: DISTRICT LOT 2541, RANGE 4 COAST DISTRICT Crown Provincial 8 N1/2, DISTRICT LOT 2541, RANGE 4 COAST DISTRICT Crown Provincial 9 DISTRICT LOT 2538, RANGE 4 COAST DISTRICT Crown Provincial 10 DISTRICT LOT 2554, RANGE 4 COAST DISTRICT Crown Provincial 11 DISTRICT LOT 2551, RANGE 4 COAST DISTRICT Crown Provincial 12 DISTRICT LOT 2540, RANGE 4 COAST DISTRICT Crown Provincial 13 S1/2, DISTRICT LOT 2549, RANGE 4 COAST DISTRICT Crown Provincial 14 SE1/4, DISTRICT LOT 1751, RANGE 4 COAST DISTRICT Crown Provincial 15 Part of Primary: DISTRICT LOT 1751, RANGE 4 COAST DISTRICT Crown Provincial 16 Part of Primary: DISTRICT LOT 1759, RANGE 4 COAST DISTRICT Crown Provincial 17 Part of Primary: DISTRICT LOT 1754, RANGE 4 COAST DISTRICT Crown Provincial 18 Part of Primary: DISTRICT LOT 1753, RANGE 4 COAST DISTRICT Crown Provincial 19 N1/2, DISTRICT LOT 1675, RANGE 4 COAST DISTRICT Crown Provincial 20 NW1/4, DISTRICT LOT 1753, RANGE 4 COAST DISTRICT Crown Provincial 21 DISTRICT LOT 1752, RANGE 4 COAST DISTRICT Crown Provincial 22 SW1/4, DISTRICT LOT 1673, RANGE 4 COAST DISTRICT Crown Provincial 23 DISTRICT LOT 500, RANGE 4 COAST DISTRICT Crown Provincial 24 DISTRICT LOT 504, RANGE 4 COAST DISTRICT Crown Provincial 25 N1/2, DISTRICT LOT 501, RANGE 4 COAST DISTRICT Crown Provincial 26 DISTRICT LOT 2459 RANGE 4 COAST DISTRICT Crown Provincial 27 DISTRICT LOT 429 RANGE 4 COAST DISTRICT Aluminum Co of Canada Ltd 28 THE NORTHWEST 1/4 OF THE NORTHWEST OF DISTRICT LOT 482 RANGE 4 Aluminum Co of Canada Ltd COAST DISTRICT 29 DISTRICT LOT 670 RANGE 4 COAST DISTRICT Aluminum Co of Canada Ltd 30 DISTRICT LOT 671 RANGE 4 COAST DISTRICT Aluminum Co of Canada Ltd 31 DISTRICT LOT 672 RANGE 4 COAST DISTRICT Aluminum Co of Canada Ltd 32 DISTRICT LOT 673 RANGE 4 COAST DISTRICT Aluminum Co of Canada Ltd 33 DISTRICT LOT 674 RANGE 4 COAST DISTRICT Aluminum Co of Canada Ltd 34 DISTRICT LOT 1624 RANGE 4 COAST DISTRICT Aluminum Co of Canada Ltd 35 DISTRICT LOT 2435 RANGE 4 COAST DISTRICT Aluminum Co of Canada Ltd 36 THE SOUTHEAST 1/4 OF DISTRICT LOT 2436 RANGE 4 COAST DISTRICT Aluminum Co of Canada Ltd 37 THE FRACTIONAL SOUTHWEST 1/4 OF DISTRICT LOT 2436 RANGE 4 COAST Aluminum Co of Canada Ltd DISTRICT (FORMERLY SKINS LAKE INDIAN RESERVE NO. 16) 38 THAT PART OF DISTRICT LOT 2460 RANGE 4 COAST DISTRICT LYING WEST OF Aluminum Co of Canada Ltd THE SOUTH PRODUCTION OF THE EAST BOUNDARY OF DISTRICT LOT 671 39 DISTRICT LOT 2460 RANGE 4 COAST DISTRICT EXCEPT THAT PART LYING WEST Aluminum Co of Canada Ltd OF THE SOUTHERLY PRODUCTION OF THE EASTERLY BOUNDARY OF DISTRICT LOT 671 40 DISTRICT LOT 2461 RANGE 4 COAST DISTRICT, EXCEPT; PART ON PLAN Aluminum Co of Canada Ltd BCP20576 41 DISTRICT LOT 2543 RANGE 4 COAST DISTRICT Aluminum Co of Canada Ltd 42 DISTRICT LOT 2544 RANGE 4 COAST DISTRICT, EXCEPT; PART ON PLAN Aluminum Co of Canada Ltd BCP20576 43 DISTRICT LOT 2546 RANGE 4 COAST DISTRICT Aluminum Co of Canada Ltd 44 DISTRICT LOT 2547 RANGE 4 COAST DISTRICT Aluminum Co of Canada Ltd 45 THE SOUTHWEST 1/4 OF DISTRICT LOT 398 RANGE 4 COAST DISTRICT EXCEPT Private PLAN PRP13832 46 DISTRICT LOT 399 RANGE 4 COAST DISTRICT Private 47 THE SOUTHWEST 1/4 OF DISTRICT LOT 479 RANGE 4 COAST DISTRICT Private 48 THE SOUTH 1/2 OF DISTRICT LOT 480 RANGE 4 COAST DISTRICT Private 49 THE SOUTH 1/2 OF DISTRICT LOT 482 RANGE 4 COAST DISTRICT Private 50 THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF DISTRICT LOT 482 RANGE 4 Private COAST DISTRICT 51 THE FRACTIONAL NORTHWEST 1/4 OF DISTRICT LOT 483 RANGE 4 COAST Private DISTRICT 52 THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF DISTRICT LOT Private 483 RANGE 4 COAST DISTRICT 53 THE SOUTHWEST 1/4 OF DISTRICT LOT 483 RANGE 4 COAST DISTRICT Private 54 THE SOUTHEAST 1/4 OF DISTRICT LOT 483 RANGE 4 COAST DISTRICT EXCEPT Private THE NORTH 1/2 OF THE NORTH 1/2 55 THE NORTHEAST 1/4 OF DISTRICT LOT 484 RANGE 4 COAST DISTRICT Private 56 THE FRACTIONAL SOUTH 1/2 OF DISTRICT LOT 484 RANGE 4 COAST DISTRICT Private 57 DISTRICT LOT 486 RANGE 4 COAST DISTRICT Private 58 DISTRICT LOT 488 RANGE 4 COAST DISTRICT Private 59 THE NORTH 1/2 OF DISTRICT LOT 1673 RANGE 4 COAST DISTRICT Private 60 THE SOUTHEAST 1/4 OF DISTRICT LOT 1673 RANGE 4 COAST DISTRICT Private 61 THE NORTHWEST 1/4 OF DISTRICT LOT 1674 RANGE 4 COAST DISTRICT Private 62 THE NORTH 1/2 OF DISTRICT LOT 1751 RANGE 4 COAST DISTRICT Private 63 THE NORTH EAST 1/4 OF DISTRICT LOT 1753 RANGE 4 COAST DISTRICT Private 64 DISTRICT LOT 2542 RANGE 4 COAST DISTRICT Private 65 DISTRICT LOT 2548 RANGE 4 COAST DISTRICT Private 66 THE FRACTIONAL NORTH 1/2 OF DISTRICT LOT 2549 RANGE 4 COAST DISTRICT Private 67 THE FRACTIONAL NORTH 1/2 OF DISTRICT LOT 2552 RANGE 4 COAST DISTRICT Private 68 THE FRACTIONAL NORTH 1/2 OF DISTRICT LOT 2553 RANGE 4 COAST DISTRICT Private 69 BLOCK A OF THE SOUTHEAST 1/4 OF DISTRICT LOT 2553 RANGE 4 COAST Private DISTRICT 70 DISTRICT LOT 2555 RANGE 4 COAST DISTRICT Private

January 14, 2021

Cheslatta Carrier Nation PO Box 909 Burns Lake, BC V0J 1E0

Emailed to: [email protected]; [email protected]; [email protected]

RE: Rezoning Application – RZ E-01-20

This letter is regarding a proposal by the Regional District of Bulkley-Nechako (RDBN) to apply zoning to lands within your Traditional Territory. The RDBN is asking for input from the Cheslatta Carrier Nation regarding the application of zoning to the area in question.

The proposal, including a map of the lands identified for zoning, is outlined in the attached referral report. Please do not hesitate to contact RDBN Planning Department staff at 250-692-3195 should you have any questions, require additional information, or wish to meet to discuss the application.

Please provide comments by March 12, 2021. Comments can be provided in writing to the attention of the RDBN Planning Department to the below address or by e-mail to [email protected].

Sincerely,

Jason Llewellyn Director of Planning

Enclosed: Referral Report January 14, 2021

Nee Tahi Buhn Band 47805 Olson Road Burns Lake, BC V0J 1E4

Emailed to: [email protected]

RE: Rezoning Application – RZ E-01-20

This letter is regarding a proposal by the Regional District of Bulkley-Nechako (RDBN) to apply zoning to lands within your Traditional Territory. The RDBN is asking for input from the Nee Tahi Buhn Band regarding the application of zoning to the area in question.

The proposal, including a map of the lands identified for zoning, is outlined in the attached referral report. Please do not hesitate to contact RDBN Planning Department staff at 250-692-3195 should you have any questions, require additional information, or wish to meet to discuss the application.

Please provide comments by March 12, 2021. Comments can be provided in writing to the attention of the RDBN Planning Department to the below address or by e-mail to [email protected].

Sincerely,

Jason Llewellyn Director of Planning

Enclosed: Referral Report January 14, 2021

Office of the Wet’suwet’en 205 Beaver Road #1 Smithers, BC V0J 2N1

Emailed to: [email protected]; [email protected]

RE: Rezoning Application – RZ E-02-20

This letter is regarding a proposal by the Regional District of Bulkley-Nechako (RDBN) to apply zoning to lands within your Traditional Territory. The RDBN is asking for input from the Office of the Wet’suwet’en regarding the application of zoning to the area in question.

The proposal, including a map of the lands identified for zoning, is outlined in the attached referral report. Please do not hesitate to contact RDBN Planning Department staff at 250-692-3195 should you have any questions, require additional information, or wish to meet to discuss the application.

Please provide comments by March 12, 2021. Comments can be provided in writing to the attention of the RDBN Planning Department to the below address or by e-mail to [email protected].

Sincerely,

Jason Llewellyn Director of Planning

Enclosed: Referral Report January 14, 2021

Skin Tyee First Nation PO Box 131 Southbank, BC V0J 2P0

Emailed to: [email protected]; [email protected]; [email protected]

RE: Rezoning Application – RZ E-02-20

This letter is regarding a proposal by the Regional District of Bulkley-Nechako (RDBN) to apply zoning to lands within your Traditional Territory. The RDBN is asking for input from the Skin Tyee First Nation regarding the application of zoning to the area in question.

The proposal, including a map of the lands identified for zoning, is outlined in the attached referral report. Please do not hesitate to contact RDBN Planning Department staff at 250-692-3195 should you have any questions, require additional information, or wish to meet to discuss the application.

Please provide comments by March 12, 2021. Comments can be provided in writing to the attention of the RDBN Planning Department to the below address or by e-mail to [email protected].

Sincerely,

Jason Llewellyn Director of Planning

Enclosed: Referral Report January 14, 2021

Wet’suwet’en First Nation PO Box 760 Burns Lake, BC V0J 1E0

Emailed to: [email protected]

RE: Rezoning Application – RZ E-02-20

This letter is regarding a proposal by the Regional District of Bulkley-Nechako (RDBN) to apply zoning to lands within your Traditional Territory. The RDBN is asking for input from the Wet’suwet’en First Nation regarding the application of zoning to the area in question.

The proposal, including a map of the lands identified for zoning, is outlined in the attached referral report. Please do not hesitate to contact RDBN Planning Department staff at 250-692-3195 should you have any questions, require additional information, or wish to meet to discuss the application.

Please provide comments by March 12, 2021. Comments can be provided in writing to the attention of the RDBN Planning Department to the below address or by e-mail to [email protected].

Sincerely,

Jason Llewellyn Director of Planning

Enclosed: Referral Report REGIONAL DISTRICT OF BULKLEY-NECHAKO ZONING BYLAW NO. 1800, 2020

SECTION 17.0 - RURAL RESOURCE ZONE (RR1) 17.0.1 Permitted Uses 1. Principal Uses a) Agriculture b) Cabin c) Farmers’ Market d) Intensive Agriculture e) Large Kennel f) Portable Sawmill g) Primitive Campground h) Rural Retreat i) Single Family Dwelling j) Two Family Dwelling k) Veterinary Clinic

2. Secondary Uses a) Guest Ranch only on a Parcel where Agriculture or Intensive Agriculture is a Principal Use

17.0.2 Density 1. No more than the following combinations of Single Family Dwellings, Two Family Dwellings or Cabins are permitted on a Parcel: a) one Single Family Dwelling and up to 3 Cabins; b) one Two Family Dwelling and up to two Cabins; or c) up to four Cabins.

2. The combined maximum number of sites for Camping Vehicles or tents in a Primitive Campground is 10 per hectare.

17.0.3 Parcel Area 1. The minimum Parcel area that may be created by subdivision is 28 hectares (69 acres).

17.0.4 Setback 1. No Structure or part thereof, shall be located within 7.5 metres (24.60 feet) of any Parcel Line.

2. No Building or portion thereof used for Intensive Agriculture shall be located within: a) 60 metres (196.85 feet) of a Parcel line; b) 30 metres (98.42 feet) of a domestic well, spring or the Natural Boundary of a lake or Watercourse.

53

GOVERNMENT AGENCY REFERRAL FORM

Rezoning Application No. E-02-20

☐Approval Recommended for Reasons Outlined Below ☐Interests Unaffected by the Bylaw ☐Approval Recommended Subject to Conditions Below ☐Approval Not Recommended Due to Reasons Outlined Below ☐No Objections

The Nadina Natural Resource District (FLNRO) does not have any concerns with the rezoning of the identified parcels to RR1 status. We recommend that RDBN continue to work closely with the Ministry of Indigenous Relations and Reconciliation regarding potential land settlement areas.

Signed by:______Title:______Resource Manager, Nadina District

Regional District of Bulkley-Nechako 37 3rd Ave, PO Box 820 Burns Lake, BC V0J 1E0 250-692-3195

Confidential For consultation purposes only. Do not distribute. Date: November 27, 2020

e U n c h a L a k

T aky sieL B ake inta La ke

Knapp Lake

O o t Cheslatta West s a Map 1 Cheslatta East L a p 2 k e Ma Shelter Bay Map 3 Square Lake Map 4

East Oosta ap 5 M I n t a t a R e a c h e s Lak Luca

Table Hill Map 7

C h e l a s l i e A r m Natalkuz R e a c h Map 8 c h u E u

a k e k L ENTIAKO PARK h u c t a c T e !(

Cheslatta First Nation Survey Confirmation !Houston ! DRAFT !(Burns Lake Overview Produced by: GeoBC Created by: Decision Support Section, mm Fraser Lake Cheslatta lands for survey Other Cheslatta Lands Coordinate System: !( Cheslatta Indian Reserve Park or Protected Area BCAlbers Date: November 27, 2020 Other Indian Reserve Produced for: Ministry of Indigenous Relations and Reconciliation 1:350,000 0 10 Ministry of Kilometers BRITISH Indigenous Relations Ratio scale is correct at 8.5" x 11" page size. COLUMBIA and Reconciliation

N:\projects\Cheslatta\arcgisprojects\AOI Confirmation\Cheslatta Survey Confirmation Overview.mxd [2020.11.27] [13:06:19]

GOVERNMENT AGENCY REFERRAL FORM

Rezoning Application No. E-02-20

☐Approval Recommended for Reasons Outlined Below ☐Interests Unaffected by the Bylaw ☐Approval Recommended Subject to Conditions Below ☐Approval Not Recommended Due to Reasons Outlined Below ☐X No Objections

• The Ministry sees little impact to our infrastructure and has no comments at this time.

Pursuant to section 52(3)(a) of the Transportation Act, the Ministry of Transportation and Infrastructure is prepared to endorse the Bylaw after its third reading.

(Ministry File No.: 2021-00292)

Development Officer Ministry of Transportation and Infrastructure Signed by:______Title:______Bulkley Stikine District Date: ______March 4, 2021 Regional District of Bulkley-Nechako 37 3rd Ave, PO Box 820 Burns Lake, BC V0J 1E0 250-692-3195 Cheslatta Land Transfer Moved by Director Storey Seconded by Director Layton

C.W.2020-7-8 “That the Committee of the Whole receive the Director of Planning’s September 3, 2020 Cheslatta Land Transfer staff report.”

(All/Directors/Majority) CARRIED UNANIMOUSLY

REGIONAL DISTRICT OF BULKLEY-NECHAKO STAFF REPORT

TO: Chair Thiessen and Committee of the Whole FROM: Jason Llewellyn, Director of Planning DATE: September 3, 2020

SUBJECT: Cheslatta Land Transfer

RECOMMENDATION

Receipt

VOTING

All Directors / Majority

EXECUTIVE SUMMARY

In January 2020 the RDBN received a referral from the Ministry of Indigenous Relations and Reconciliation regarding the proposed disposition of Crown land to the Cheslatta Carrier Nation. The Board expressed no objection to the proposed land dispositions provided that the lands being transferred into fee simple ownership are zoned to the Board’s satisfaction prior to land transfer. The Board encouraged the province to consult with impacted property owners and mitigate any concerns that may exist and directed staff to initiate the zoning process in consultation with the Cheslatta Carrier Nation.

The Ministry of Indigenous Relations and Reconciliation have responded that the Province has engaged directly with specific interest holders in the area, and that the Province intends to conclude its engagement by the end of September. The Province requests that any further comments be provided by September 21, 2020.

DISCUSSION

The Proposed Tenures

The tenures being considered for transfer to the Cheslatta Carrier Nation include license of occupations, Land Act withdrawal from dispositions, and notations of interest, in addition to fee simple ownership. These tenures are described below and are identified on the attached map from the province.

A licence of occupation allows non-exclusive use of land and may include the right to modify the land and/or construct improvements as specified in the tenure document. A licence of occupation does not confer a right to the exclusive use and occupancy of the land and a licence of occupation does not allow the tenure holder to stop public access over the licence area (except where it would impact the licencees’ right to use the land as per the licence document).

A withdrawal from disposition means to withdraw or withhold Crown land from alienation and precludes or prevents the acceptance of Crown land applications or the disposition of those Crown lands. A withdrawal is established on Crown land for a specific term, with a maximum term of 30 years.

A notation of interest is registered in recognition of an interest in Crown land. A notation of interest does not preclude the acceptance and adjudication of Crown land applications in the subject area. There is no term limit for a notification of interest.

The uses allowed under the proposed license of occupations, the term of the withdrawal from disposition, and the specific reasons for the notations of interest were not known at the time of the writing of this report. However, based on the information provided and the location of the lands, staff have no concerns or objections

The Fee Simple Lands and Zoning

The attached maps 1 and 2 shows the location of Crown lands proposed to be transferred to the Cheslatta Carrier Nation as fee simple lands in relation to RDBN zoning and the ALR. • Zoned lands are shown in grey. • ALR lands are shown with green square hatching. • Zoned lands proposed for transfer have black diagonal hatching. • Unzoned lands proposed for transfer have red diagonal hatching.

Map 1

Map 2 shows the location of fee simple lands proposed for transfer which are relatively centrally located but not subject to RDBN zoning. In staff’s opinion the unzoned lands in this area should be zoned, in consultation with the Cheslatta Carrier Nation, prior to the transfer of the fee simple lands. This will ensure that all fee simple lands in the area are subject to the same regulation regardless of ownership.

Map 2

Staff are not recommending that the remaining unzoned fee simple lands shown on map 1, which are south of Ootsa Lake and remotely located to the south and east, be zoned prior to land transfer.

The Rezoning Process

Planning Department staff have discussed the proposed rezoning of lands in the area to the Rural Resource (RR1) zone on a number of occasions with the Cheslatta First Nations representative on the project (Mike Robertson). To date no objections have been received.

The Cheslatta First Nations have been asked to provide written comment on the proposed rezoning. They have also been asked to identify any specific land uses that may be envisioned so that these uses may be considered for inclusion in the zoning that is applied to the lands. To date no response has been received.

It is anticipated that staff will initiate the rezoning process in late, 2020. This process will include formal referrals being sent to all First Nations that identify traditional territory in the area.

ATTACHMENTS

1. Letter dated August 21, 2020 from the Ministry of Indigenous Relations and Reconciliation to the Regional District of Bulkley Nechako 2. Letter dated February 13, 2020 from the Regional District of Bulkley Nechako to the Ministry of Indigenous Relations and Reconciliation

Confidential For consultation purposes only. Do not distribute. Date: August 27, 2019

Binta Lake Cheslatta Carrier Nation Ootsanee Lake Knapp Lake Lands Under Discussion Phase 1 Overview Skins Lake

C H E S L A Sather Lake T T A Bentzi Lake C h e s l a t t a L a k e Proposed Fee Simple Land R Holy Cross T r O I a r C V g e O E Lake Proposed Foreshore Licence of T R S Occupation A Proposed Licence of Occupation L A Proposed Land Act Withdrawal K Murray Lake from Disposition E Mackenzie Proposed Notation of Interest Lake Bird Lake

Indian Reserve

Private Land Uduk Lake Cicuta Lake

O K A

H C ake E Lucas L N R I I V n E R t Chief a L The Consultation Area Database is not intended to create, recognize, limit, or t N E C H A K O R E S E R V O I R u c a a s deny any aboriginal rights, including title, that any First Nation may have; or Louis Lake impose any obligations on ; or alter the legal status of resources R e a within the Province. c C h r The Consultation Area Database is intended for use by provincial government staff only. Digital data is copyright of the Province of British Columbia, and files cannot be copied or redistributed without the permission of the Province.

E K 0 5 10 T W E E D S M U I R L A B Kilometres C B H U E L R A T E S S E T V L R W C H I I V E N R E I E A R N

K Smit!hers N A L T A A L K K E U Z Prince G!eorge

C h e d a k

T E T A C HU R C K

!

R

C TETACHUCK E a

LAKE V p o

I o s e Produced by: GeoBC

R E N T I A K O Created by: Decision Support Section, NZ C r e e k Coordinate System: NAD 1983 BC Environment Albers DISCLAIMER: This map has been produced for consultation and engagement purposes as part of the Entiako Lake Date: August 27, 2019 ongoing land discussions between British Columbia and Cheslatta. It does not reflect the agreement of or T i n e Produced for: E U T S U K L A K E coVmmit British Columbia and Cheslatta to accept, recommend or approve the identified lands. a n C r Ministry of Indigenous Relations and Reconciliation N:\projects\Cheslatta\arcgisprojects\Overlap Consultation\External CAD Overlap\08212019\Cheslatta Core Territory Candidate Lands - overview.mxd [2019.08.27] [10:00:03]

August 21, 2020 File: 280-30/Cheslatta Ref. 50458

VIA EMAIL

Jason Llewellyn Director of Planning Regional District of Bulkley-Nechako 37 3rd Avenue PO Box 513 Burns Lake BC V0J 1E0 [email protected]

Dear Jason Llewellyn:

The Province of British Columbia greatly appreciates the time that you have taken to review and comment on potential dispositions of Crown Land in the vicinity of the to the Cheslatta Carrier Nation (Cheslatta) under their 2019 Settlement Agreement. The purpose of this letter is to inform the Regional District that the Province intends to proceed with the decision-making process on some Phase 1 dispositions of Crown Land to Cheslatta in October 2020. The Province would like to extend a final opportunity for you to provide further input relating to dispositions of Crown Land, and associated decisions, by September 21, 2020.

Details of the decisions required to be made over the next year to enable land transfers and tenures (dispositions) can be found in Appendix 1. Through correspondence and meetings since May of 2018, the Province has sought your input on impacts to your tenures from the disposition of the parcels indicated in the maps that have been shared with you. For each of the decisions listed in Appendix 1, MIRR will provide decision makers the information gathered to date, including potential impacts of these dispositions on your tenures.

The Province has attempted to minimize potential impacts of the land transfers through the following approaches: existing barge landing sites and primary roads will remain Crown Land under the jurisdiction of the Province to maintain continued access to Crown Land for hunting, fishing, gathering, and recreation; and Cheslatta is willing to work with interest holders to explore opportunities for continued access to their private lands after any fee simple land transfers.

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Ministry of Indigenous Negotiations and Regional Mailing Address: Location Address: Relations and Reconciliation Operations Bag 5000 3726 Alfred Avenue Skeena Region 3726 Alfred Avenue Smithers BC Smithers BC V0J 2N0 Telephone: 250 847-7260 Facsimile: 250 847-7501

50458 - 2 -

Engagement activities since May 16, 2018 have included emails, letters, phone calls, delegations, and meetings. During engagement, you indicated that RDBN has no objection to the land disposition proposed, provided that the lands being transferred into fee simple ownership are zoned to the Board’s satisfaction prior to land transfer. The Board also encouraged the Province to consult with impacted property owners and work with them to address any concerns that may exist.

We thank you for working with Cheslatta and so quickly amending your zoning bylaw to include these lands. As you know, we initiated stakeholder and community engagement in June 2018 with an Open House in Burns Lake. We have since been engaging with stakeholders that have specific interests that overlap the proposed parcels. We are working with the few stakeholders who have identified potential impacts to their interests and hope to develop approaches that work for all parties prior to disposition.

Your comments have been documented and will be provided to the decision makers for their consideration. You will be informed of any final decisions to transfer or tenure these parcels of Crown land to Cheslatta.

We understand that individuals have been prioritizing the health and safety of your families, and that capacity to respond or participate in the engagement process may have been limited. Given delays due to COVID-19, we have extended our engagement time frames beyond those shared in prior correspondence.

In order to be included in a package for decision makers, any additional information regarding potential impacts of the proposed land disposition on your trapline must be provided to us by September 21, 2020. If no additional information is received, our intent is to proceed with our decision-making processes without further request for input.

Should you require additional information or wish to schedule another meeting, please contact Colleen Gellein, Senior Resource Coordination Officer, by email at [email protected] or by telephone at (250) 876-6830, or me by email at [email protected] or by telephone at (250) 713-3008.

Yours truly,

Karen MacDowell Negotiator, North Area

Appendix (1): List of Decisions that may be required for Proposed Dispositions

Enclosures (2): 1. 2020 02 11 Letter 49092 Cheslatta Engagement RDBN 2. 2020 02 13 Letter RDBN Response 50458 - 3 -

Appendix 2: List of Decisions that may be required for proposed dispositions

Authorization Legislation Decision Agency Comments Maker Responsible Transfers in fee simple Ministerial Order Assistant Deputy FLNR Ministerial Order is a legal instrument made under the authority (Crown Grants) under Section 9 of Minister of a statute. Orders may be made by the Minister responsible for a Ministry of Lands, particular statute. Parks and Housing Act Surface rights only, including timber, but not minerals, petroleum, or natural gas Licences of Occupation Ministerial Order Assistant Deputy FLNR Conveys non-exclusive use for a particular purpose for a under Section 9 of Minister relatively short term, in this case 60 years. Can apply for Ministry of Lands, replacement prior to expiry. It is not registerable on title. Parks and Housing Act Section 17 Conditional Section 17 of Land Director of FLNR Designates a portion of Crown land for, or except for, a particular Withdrawal for Act Authorizations, use or for the conservation of natural or heritage resources Tetachuck Lake Skeena Region Notations of Interest Not legislated Director of FLNR A recording on the province’s maps of an interest in Crown land Authorizations, by a provincial ministry or agency. It is not a reserve, withdrawal Skeena Region or designation, and does not preclude the acceptance of land applications or disposition of Crown land. It ensures that a ministry can provide input into proposed projects. Section 16 withdrawal or Section 16 or Director of FLNR For interim protection of parcels until Crown Grant is complete Section 17 conditional Section 17 of Land Authorizations, withdrawal Act Skeena Region Removal from Provincial Ministerial Order Assistant Deputy FLNR Required for all fee simple parcels that are in the Ootsa and Forest under Forest Minister Nechako Provincial Forest Practices Code of British Columbia Act Cancellation or Ministry A legal instrument made under the authority of a statute. Orders amendments to Orders- responsible may be made by the Lieutenant Governor in Council in-Council Deactivation of Forest Forest and Range District Manager, FLNR All legislative and regulatory requirements pertaining to the Roads Practices Act; Nadina Natural cancellation of 3rd party interests prior to transfer are identified Cancellation of Road Forest Act Resource District and contemplated in the project timeframe Permits

50458 - 4 -

Authorization Legislation Decision Agency Comments Maker Responsible Cancellation or Forest and Range FLNR Amendments to Grazing Practices Act; Licences Range Act Amendments/ Ministerial Orders FLNR Cancellations of OGMAs. (GAR orders, Changes to SRMP, gravel or filled foreshore areas) Amendment/Cancellation Forest Practices District Manager FLNR of existing Special Use Code Act Nadina Natural Permits, and existing Resource District Log Handling Licences of Occupation Cancellation of lease Land Act Director of FLNR Authorizations, Skeena Region Statutory Right(s) of Land Act Director of FLNR Registerable Instruments to allow existing rights granted to Rio Way to Rio Tinto; Authorizations, Tinto under their water licence/permit authorizing the use of Release Indemnity/ s 219 Skeena Region Crown Land below 2820’ of elevation on the reservoir covenant Decisions relating to Land Title Act Surveyor General Land Title and Registerable Instruments to allow existing rights to continue Surveying Survey Authority (LTSA) BC Hydro blanket Stat BC Hydro RoW Any decisions to dispose FLNR/ ENV No sites are registered of contaminated sites Cancellation of blanket Director of FLNR Cancel as dispositions are approved Notation of Interest that Authorizations, was placed over entire Skeena Region land package under Lands file 6409066

Cheslatta Land Transfer Moved by Director Riis-Christianson Seconded by Director Lambert

2020-1-6 “That the Board: 1. Direct staff to inform the Ministry of Indigenous Relations and Reconciliation that the Board has no objection to the proposed land dispositions provided that the lands being transferred into fee simple ownership are zoned to the Board’s satisfaction prior to land transfer; and, 2. Direct staff to initiate the zoning process in consultation with the Cheslatta Carrier Nation.”

Moved by Director Lambert Seconded by Director Riis-Christianson

2020-1-7 “That Motion 2020-1-6 be amended to include in the letter to the Ministry of Indigenous Relations and Reconciliation that the Board encourages the province to consult with impacted property owners and mitigate any concerns that may exist.”

(All/Directors/Majority) CARRIED UNANIMOUSLY

“That the question be called on Motion 2020-1-6 as amended.”

(All/Directors/Majority) CARRIED UNANIMOUSLY

REGIONAL DISTRICT OF BULKLEY-NECHAKO STAFF REPORT

TO: Chair Thiessen and Board of Directors FROM: Jason Llewellyn, Director of Planning DATE: January 16, 2020

SUBJECT: Cheslatta Land Transfer

RECOMMENDATION That the Regional District of Bulkley-Nechako Board: 1. Direct staff to inform the Ministry of Indigenous Relations and Reconciliation that the Board has no objection to the proposed land dispositions provided that the lands being transferred into fee simple ownership are zoned to the Board’s satisfaction prior to land transfer; and, 2. Direct staff to initiate the zoning process in consultation with the Cheslatta Carrier Nation.

VOTING

All Directors / Majority

EXECUTIVE SUMMARY

The RDBN has received a referral from the Ministry of Indigenous Relations and Reconciliation regarding the proposed disposition of Crown land to the Cheslatta Carrier Nation. Staff have no concerns regarding the proposed land dispositions provided that the fee simple lands are zoned to the Board’s satisfaction prior to transfer. This will ensure that all privately owned lands in the area are subject to the same regulations regardless of ownership.

Written by

______Jason Llewellyn Director of Planning DISCUSSION

On January 15th the RDBN received the attached referral from the Ministry of Indigenous Relations and Reconciliation regarding the proposed disposition of Crown land to the Cheslatta Carrier Nation. The Ministry has requested RDBN comment by January 31, 2020.

The Proposed Tenures

The tenures being considered for transfer to the Cheslatta Carrier Nation include license of occupations, Land Act withdrawal from dispositions, and notations of interest, in addition to fee simple ownership. These tenures are described below and are identified on the attached map from the province.

A licence of occupation allows non-exclusive use of land and may include the right to modify the land and/or construct improvements as specified in the tenure document. A licence of occupation does not confer a right to the exclusive use and occupancy of the land and a licence of occupation does not allow the tenure holder to stop public access over the licence area (except where it would impact the licencees’ right to use the land as per the licence document).

A withdrawal from disposition means to withdraw or withhold Crown land from alienation and precludes or prevents the acceptance of Crown land applications or the disposition of those Crown lands. A withdrawal is established on Crown land for a specific term, with a maximum term of 30 years.

A notation of interest is registered in recognition of an interest in Crown land. A notation of interest does not preclude the acceptance and adjudication of Crown land applications in the subject area. There is no term limit for a notification of interest.

The uses allowed under the proposed license of occupations, the term of the withdrawal from disposition, and the specific reasons for the notations of interest were not known at the time of the writing of this report. However, based on the information provided and the location of the lands, staff have no concerns or objections

The Fee Simple Lands and Zoning

The attached maps 1 and 2 shows the location of Crown lands proposed to be transferred to the Cheslatta Carrier Nation as fee simple lands in relation to RDBN zoning and the ALR. • Zoned lands are shown in grey. • ALR lands are shown with green square hatching. • Zoned lands proposed for transfer have black diagonal hatching. • Unzoned lands proposed for transfer have red diagonal hatching.

Map 1

Map 2 shows the location of fee simple lands proposed for transfer which are relatively centrally located but not subject to RDBN zoning. In staff’s opinion the unzoned lands in this area should be zoned, in consultation with the Cheslatta Carrier Nation, prior to the transfer of the fee simple lands. This will ensure that all fee simple lands in the area are subject to the same regulation regardless of ownership.

Map 2

Staff are not recommending that the remaining unzoned fee simple lands shown on map 1, which are south of Ootsa Lake and remotely located to the south and east, be zoned prior to land transfer.

Staff have had preliminary discussions with a representative of the Cheslatta Carrier Nation, and there are no apparent preliminary objections to the proposed rezoning process.

The Proposed Process

Staff are in the final stages of consultation regarding a proposed new zoning bylaw and are planning to recommend that the Board initiate the formal consideration and approval process in the very near future. Staff are considering whether to recommend to the Board zoning the lands as part of the new bylaw, or undertake a separate process once the Board has completed consideration of the new bylaw. Based on discussions with the Ministry of Indigenous Relations and Reconciliation either process should not result in the delay of transfer of fee simple lands to the Cheslatta Carrier Nation.

If the Board supports this report’s recommendation staff will immediately begin discussions with the Cheslatta Carrier Nation, and the Director of Electoral Area E, regarding the zoning of land in the area, and the proposed process. These discussions may include the zoning of lands in addition to those proposed as fee simple lands.

January 15, 2020 Ref. 49092 File: 280-30/Cheslatta

VIA EMAIL

Jason Llewellyn Director of Planning Regional District of Bulkley-Nechako 37 3rd Avenue PO Box 513 Burns Lake BC V0J 1E0 [email protected]

Dear Jason Llewellyn:

Further to a letter sent to the Regional District of Bulkley-Nechako (RDBN) on May 17, 2018, and subsequent in-camera delegations and correspondence, I am writing to share additional information about settlement and reconciliation negotiations between the Province of British Columbia (BC) and the Cheslatta Carrier Nation (Cheslatta). As you know, a Settlement Agreement and an Interim Reconciliation Agreement between Cheslatta and BC were signed on March 28, 2019, to address impacts of the creation and operation of the Nechako Reservoir on Cheslatta. More information can be found at https://engage.gov.bc.ca/govtogetherbc/consultation/cheslatta/. In March 2020 at the earliest, after stakeholder engagement and First Nations consultation are completed, BC will begin to make decisions whether to transfer or tenure certain parcels of Crown land to Cheslatta in accordance with the Settlement Agreement. The Province will notify all interest holders in writing when Crown land is transferred under the terms of the Settlement Agreement.

The map enclosed with this letter identifies the specific types of disposition and other measures being considered in Phase 1 that may impact the RDBN. The parcels have not changed since shapefiles were shared with RDNB in September 2019. All Crown land that is proposed for transfer in fee simple or tenure to Cheslatta, or other designations, is within the RDBN boundaries. It is intended that the lands ultimately transferred and tenured to Cheslatta would be chosen from within these areas. It has been conveyed to Cheslatta that all RDBN zoning will apply to parcels transferred under the Settlement Agreement.

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Ministry of Indigenous Negotiations and Regional Mailing Address: Location Address: Relations and Reconciliation Operations Bag 5000 3726 Alfred Avenue Skeena Region 3726 Alfred Avenue Smithers BC Smithers BC V0J 2N0 Telephone: 250 847-7260 Facsimile: 250 847-7501

49092 - 2 -

Our objective is to conclude the engagement process with you by February 28, 2020, to enable decisions to be made thereafter on transfers and tenures of lands identified in the attached maps. It is therefore important for you to respond to BC by January 31, 2020, including an initial written response. Should you require additional information, or to set up a meeting, please contact Colleen Gellein, Senior Resource Coordination Officer, by telephone at (250) 746-0766, or by email at [email protected]. Yours truly,

Karen MacDowell Negotiator, North Area Enclosure (1): Cheslatta Carrier Nation Lands under Discussion Overview Map cc: Gerry Thiessen Chairperson Regional District of Bulkley-Nechako

49092 - 3 -

More about types of disposition:

Transfer in fee simple: • Fee simple transfers create new private property through a Crown Grant process, include surface rights including timber, but exclude subsurface resources including minerals, petroleum, or natural gas, coal and geothermal resources. • Dispositions including tenures and transfers could be enabled under the Land Act or Ministry of Lands, Parks and Housing Act. • Decisions under the Ministry of Lands, Parks and Housing Act are made at the assistant deputy minister level. • A Land Act Section 16 Withdrawal or Section 17 Conditional Withdrawal will be issued once the lands are determined by BC to be eligible for transfer, but prior to a Crown Grant. • Areas exclude a 75-metre buffer for some Forest Service roads. The actual area excluded may be narrower in the final survey. • This engagement is intended to include any decisions necessary to enable transfers in fee simple, including, but not limited to Provincial Forest deletions, and cancellation or amendments to Section 16 or 17 Withdrawals and Orders-in-Council under the Land Act. Conditional withdrawal: • Under Section 17 of the Land Act. • Is also known as a Designation or Designated Use Area. • Is used to designate a portion of Crown land for, or except for, a particular use or for the conservation of natural or heritage resources. Licence of Occupation: • A form of tenure that conveys non-exclusive use for a particular purpose for a relatively short term, in this case 60 years. • Is not registerable on title. Notation of Interest: • Is a recording on BC’s maps of an interest in Crown land by a provincial ministry or agency. • Is not a reserve, withdrawal or designation, and does not preclude the acceptance of land applications or disposition of Crown land. • Ensures that a ministry can provide input into proposed projects.

Confidential For consultation purposes only. Do not distribute. Date: August 27, 2019

Binta Lake Cheslatta Carrier Nation Ootsanee Lake Knapp Lake Lands Under Discussion Phase 1 Overview Skins Lake

C H E S L A Sather Lake T T A Bentzi Lake C h e s l a t t a L a k e Proposed Fee Simple Land R Holy Cross T r O I a r C V g e O E Lake Proposed Foreshore Licence of T R S Occupation A Proposed Licence of Occupation L A Proposed Land Act Withdrawal K Murray Lake from Disposition E Mackenzie Proposed Notation of Interest Lake Bird Lake

Indian Reserve

Private Land Uduk Lake Cicuta Lake

O K A

H C ake E Lucas L N R I I V n E R t Chief a L The Consultation Area Database is not intended to create, recognize, limit, or t N E C H A K O R E S E R V O I R u c a a s deny any aboriginal rights, including title, that any First Nation may have; or Louis Lake impose any obligations on British Columbia; or alter the legal status of resources R e a within the Province. c C h r The Consultation Area Database is intended for use by provincial government staff only. Digital data is copyright of the Province of British Columbia, and files cannot be copied or redistributed without the permission of the Province.

E K 0 5 10 T W E E D S M U I R L A B Kilometres C B H U E L R A T E S S E T V L R W C H I I V E N R E I E A R N

K Smit!hers N A L T A A L K K E U Z Prince G!eorge

C h e d a k

T E T A C HU R C K

!

R

C TETACHUCK E a

LAKE V p o

I o s e Produced by: GeoBC

R E N T I A K O Created by: Decision Support Section, NZ C r e e k Coordinate System: NAD 1983 BC Environment Albers DISCLAIMER: This map has been produced for consultation and engagement purposes as part of the Entiako Lake Date: August 27, 2019 ongoing land discussions between British Columbia and Cheslatta. It does not reflect the agreement of or T i n e Produced for: E U T S U K L A K E coVmmit British Columbia and Cheslatta to accept, recommend or approve the identified lands. a n C r Ministry of Indigenous Relations and Reconciliation N:\projects\Cheslatta\arcgisprojects\Overlap Consultation\External CAD Overlap\08212019\Cheslatta Core Territory Candidate Lands - overview.mxd [2019.08.27] [10:00:03]