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Cheslatta Carrier Nation Interim Reconciliation Agreement

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Cheslatta Carrier Nation Interim Reconciliation Agreement INTERIM RECONCILIATION AGREEMENT Cheslatta Carrier Nation and British Columbia TABLE OF CONTENTS PART 1 INTERPRETATION .. .. ... ................. ............................................................ 2 PART2 PURPOSE ......................................... ... ...................................................... 4 PART3 REPRESENTATIONS AND WARRANTIES ... ............................ ... ............ .4 PART4 SOCIAL AND CULTURAL HERITAGE ..... .... .. .... ..................... .......... ......... 5 PARTS FISH AND WILDLIFE AND PROTECTED AREAS ... .................................. 5 PART6 WATERSHED AND HERITAGE RESTORATION ... ........ ........................... 5 PART? FORESTRY ................... .............. ............................................ .. .. ............... 6 PART8 FURTHER RECONCILIATION ......... .... ...................................................... 7 PART9 CONDITIONS PRECEDENT ........................................ ... ........ ....... .. .......... 7 PART10 DISPUTE RESOLUTION ...................... ... ........ ..... ...................................... 8 PART 11 TERM AND EFFECTIVE DATE .............. .. ........................... ....................... 8 PART12 FORCE MAJEURE .. ........ .. ........................................ ................................. 8 PART13 GENERAL PROVISIONS ..................................... ................... ................... 9 SCHEDULE 1 MAP OF CHESLATTA TERRITORY .. ................... .... ....................... 14 SCHEDULE 2 COLLABORATION ON CULTURAL REJUVENATION AND COMMUNITY WELL-BEING ... .................................... ... ......... ......... 15 SCHEDULE 3 COLLABORATIVE MANAGEMENT OF PROTECTED AREAS ....... 16 SCHEDULE 4 COLLABORATIVE MANAGEMENT OF FISH AND WILDLIFE ........ 18 SCHEDULE 5 WATERSHED AND HERITAGE RESTORATION ............................ 20 SCHEDULE 6 CHESLATTA INTERESTS IN RECONCILIATION .. ... ...................... 21 SCHEDULE 7 BC INTERESTS IN RECONCILIATION ..... .. ............... .... .. .. ... .. ........ 22 INTERIM RECONCILIATION AGREEMENT BETWEEN: CHESLATTA CARRIER NATION, on behalf of itself and the Cheslatta t'en, as represented by Chief and Council AND: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Indigenous Relations and Reconciliation This Agreement is dated for reference March 28, 2019. WHEREAS: A Cheslatta t'en assert that they are the stewards of Cheslatta Territory as marked by the Cheslatta t' en K'ah (footprints on the land) and seek to preserve and protect the K'ah for future generations; B. The Parties acknowledge the Cheslatta t' en Elders, who are honoured and respected in the Cheslatta community for their strength, their courage, and their wisdom; C. Cheslatta is on a journey of healing, celebrating courage, resilience, and reconciliation; D. The Parties entered into a Memorandum of Understanding on March 20, 2015, a Framework for Negotiation of a Reconciliation and Settlement Agreement on August 5, 2016, and a Term Sheet on January 31, 2017, which contemplated the negotiation of a Reconciliation and Settlement Agreement; E. The Parties have agreed to set out the terms of the Reconciliation and Settlement Agreement in two separate agreements: this Agreement and a Settlement Agreement dated March 28, 2019; F. The Parties share an interest in advancing the cultural, social, environmental, and economic well-being of Cheslatta; and G. The Parties are committed to cultivating reconciliation in the spirit of the United Nations Declaration on the Rights of Indigenous Peoples. 1 NOW THEREFORE in consideration of the exchange of mutual promises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: I PART 1 INTERPRETATION 1.1 Definitions. In this Agreement: "Aboriginal Rights" means asserted or determined aboriginal rights, including aboriginal title, which are or may be recognized and affirmed by s. 35 of the Constitution Act, 1982; "Agreement" means this Interim Reconciliation Agreement, including the Schedules, and any agreement, document, or instrument executed or delivered pursuant to it; "Area of Interest" means the geographic area shown as Cheslatta Carrier Nation Area of Interest (Post 1952) on the map attached as Schedule 1; "BC" means Her Majesty the Queen in right of the Province of British Columbia, and for the purposes of any covenants, releases, indemnities and acknowledgements includes all ministers, public officials, employees, agents, representatives, or contractors; "Canada" means her Majesty the Queen in right of Canada; "Cheslatta" means the Cheslatta Carrier Nation, on behalf of itself and the Cheslatta t' en, as represented by Chief and Council; "Cheslatta Carrier Nation" means the "band" within the meaning of the Indian Act, RSC 1985, c 1-5, as amended, and the collective that asserts Aboriginal Rights within the Cheslatta Territory and Area of Interest; "Cheslatta t' en" means individuals who are members of the collective that constitutes the Cheslatta Carrier Nation; "Cheslatta Territory" means the geographic area shown as Cheslatta Carrier Nation Core Territory on the map attached as Schedule 1; "Chief' means, in respect of the Cheslatta Carrier Nation, the "chief' within the meaning of the Indian Act, RSC 1985, c 1-5, as amended; "Council" means, in respect of the Cheslatta Carrier Nation, the "council" within the meaning of the Indian Act, RSC 1985, c 1-5, as amended; 2 "Effective Date" means the date on which the last Party executes and delivers this Agreement; "Nechako Canyon Protected Area" means the Protected Area by that name established under the Environment and Land Use Act, RSBC 1996, c 117 and the Protected Areas Forests Compensation Act, SBC 2002, c 51; "Nechako Reservoir" means the reservoir established and operated by Rio Tinto on the Nechako River above Kenney Dam; "Nechako River" means the Nechako River in British Columbia and includes all streams and lakes tributary thereto; "Parties" means Cheslatta and BC and "Party" means either one of them; and "Protected Area" means an ecological reserve, park, conservancy, recreation area, or other protected area designated under the Park Act, Protected Areas of British Columbia Act or the Environment and Land Use Act, or established by order in council. 1.2 Interpretation. In this Agreement: (a) "including" means "including, but not limited to" and "includes" means "includes, but not limited to"; (b) the recitals and headings are for convenience only, do not form a part of this Agreement, and in no way define, limit, alter or enlarge the scope or meaning of any provision of this Agreement; (c) a reference to a statute includes every amendment to it, every regulation made under it, every amendment made to a regulation made under it and any law enacted in substitution for, or in replacement of, it; (d) words importing gender include all other genders, and words in the singular include the plural and vice versa; (e) in the calculation of time under this Agreement, all references to "days" are to calendar days; (f) any reference to a corporate entity includes any predecessor or successor to such entity; and (g) there will be no presumption that doubtful expressions, terms or provisions in this Agreement are to be resolved in favour of any Party. 3 1.3 Schedules. The following schedules are attached to and form a part of this Agreement: Schedule 1 - Map of Cheslatta Territory Schedule 2 - Collaboration on Cultural Rejuvenation and Community Well-Being Schedule 3 - Collaborative Management of Protected Areas Schedule 4 - Collaborative Management of Fish and Wildlife Schedule 5 - Watershed and Heritage Restoration Schedule 6 - Cheslatta Interests in Reconciliation Schedule 7 - BC Interests in Reconciliation I PART 2 PURPOSE 2.1 Purpose. The purposes of this Agreement are to advance reconciliation between the Parties and to support the cultural, social, environmental, and economic well-being of Cheslatta. I PART 3 REPRESENTATIONS AND WARRANTIES 3.1 Cheslatta Representations. Cheslatta represents and warrants to BC, with the intent and understanding that they will be relied on by BC in entering into this Agreement, that: (a) it has the legal power, capacity, and authority to enter into this Agreement on its own behalf and on behalf of the Cheslatta t' en; (b) this Agreement is a valid and binding obligation of Cheslatta and the Cheslatta t' en; and (c) it has taken all necessary actions and has obtained all necessary approvals to enter into this Agreement for, and on behalf of, the Cheslatta t'en. 3.2 BC Representations. BC represents and warrants to Cheslatta, with the intent and understanding that they will be relied on by Cheslatta in entering into this Agreement, that: (a) it has the legal power, capacity, and authority to enter into this Agreement and to carry out its obligations in accordance with this Agreement; and (b) this Agreement is a valid and binding obligation of BC. 4 I PART 4 SOCIAL AND CULTURAL HERITAGE 4.1 Collaboration on Culture and Language. BC acknowledges that Cheslatta's commitment to cultural rejuvenation and language revitalization is the foundation for healing, resilience, improving social and economic outcomes, and strengthening community well-being. The Parties intend to work together to support Cheslatta's cultural rejuvenation and language revitalization in accordance with Schedule 2. I PART 5 FISH AND WILDLIFE AND PROTECTED AREAS 5.1 Collaborative
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