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CANADA CONSULTATION and ENGAGEMENT PROTOCOL Between the S'ólh TÉMÉXW STEWARDSHIP A

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CANADA CONSULTATION and ENGAGEMENT PROTOCOL Between the S'ólh TÉMÉXW STEWARDSHIP A S’ÓLH TÉMÉXW STEWARDSHIP ALLIANCE - CANADA CONSULTATION AND ENGAGEMENT PROTOCOL between THE S’ÓLH TÉMÉXW STEWARDSHIP ALLIANCE as comprised of: Chawathil First Nation, Cheam First Nation, Kwaw-Kwaw-Apilt First Nation, Sq’éwlets (Scowlitz) First Nation, Sq’ewá:lwx (Skawahlook) First Nation, Skwah First Nation, Semá:th (Sumas) First Nation, and Yale First Nation each on their own behalf, and Aitchelitz First Nation, Shxwhá:y Village, Skowkale First Nation, Soowahlie First Nation, Squiala First Nation, Tzeachten First Nation and Yakweakwioose First Nation, as represented by Ts’elxwéyeqw Tribe Limited Partnership (the “Stó:lō First Nations”) and HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of Indian Affairs and Northern Development (“Canada”) (each a “Party” and collectively the “Parties”) WHEREAS: A. The Stó:lō First Nations are part of the Stó:lō Indigenous people with Stó:lō Rights in S’ólh Téméxw, including a unique relationship with the land, the waters and the resources within the lower Fraser River watershed of British Columbia; they share language, traditions, customary laws, history, a relationship to the land that is essential to their culture and the maintenance of their community, and a desire to safeguard the health and wellbeing of their communities now and for future generations, in accordance with their system of values, through respectful land and resource use and management as prescribed in the S’ólh Téméxw Stewardship Alliance Land and Resource Use Consultation and Decision-making Policy; B. The Parties are interested in developing a process for effectively and comprehensively identifying and informing each other of potential impacts on Stó:lō Rights and S'ólh Téméxw that may arise as a result of contemplated federal Crown decisions and activities; C. The Parties are committed to moving forward together in the spirit of reconciliation. Canada is committed to building a government-to-government, nation-to-nation relationship with Indigenous peoples based on recognition of rights, respect, co- operation and partnership as reflected in the Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples, and implementing the United Nations Declaration on the Rights of Indigenous Peoples in a manner consistent with Canada’s Constitution; D. The Parties wish to have a more effective government-to-government, nation-to- nation engagement process, to establish a framework to govern the conduct of their engagement when Canada contemplates Crown decisions or activities that would trigger a legal duty to consult the Stó:lō First Nations in respect of impacts on Stó:lō Rights and S'ólh Téméxw, and to facilitate meaningful dialogue and a respectful relationship between them. NOW THEREFORE the Parties agree as follows: 1. INTERPRETATION 1.1. Definitions. In this Protocol: “Applicable Activity” means a Proposed Activity that the Parties agree will be subject to Engagement under this Protocol pursuant to subsection 3.1; “Business Day” means any day other than Saturday or Sunday or a statutory holiday or other holidays that the Stó:lō First Nations observe; “Dispute” means any disagreement which arises between the Parties in relation to the interpretation or implementation of this Protocol, but does not include a disagreement regarding any recommendations or any decisions on Proposed Activities made by a Responsible Department following Engagement; “Engagement” means the process set out in the Engagement Framework, which Canada will rely on to fulfill its duty to consult the Stó:lō First Nations in respect of Applicable Activities; “Engagement Framework” means the processes set out in Appendix D; “Member” means any individual who is a “member of the band”, as that phrase is defined in the Indian Act, of any of the Stó:lō First Nations; “Nation-to-Nation Forum” means the Nation-to-Nation Forum described in section 4 and illustrated in Appendices B and C; “Nation-to-Nation Forum Co-Chair” means the individual(s) appointed to represent the Stó:lō First Nations or Canada at the Nation-to-Nation Forum; “Non-Participatory First Nation” means a First Nation, Indian Band, or tribal association, including other Stó:lō groups, who assert traditional territory that overlaps in whole or in part with the Protocol Area and who is not a Party; “People of the River Referrals Office” or “PRRO” means the office authorized to receive and respond to referrals on behalf of the Stó:lō First Nations in accordance with this Protocol; “Proposed Activity” means a proposed federal activity or decision that may have adverse impacts on Stó:lō Rights; "Protocol" means this engagement protocol and includes the appendices attached; “Protocol Area” means S’ólh Téméxw, being the geographic area to which this Protocol applies as shown in Appendix A; “Responsible Department” means the federal department or other Crown agency that is responsible for a Proposed Activity; “S’ólh Téméxw” means “our world; our land” in the Halq’eméylem language of the Stó:lō, and for the purposes of this Protocol means that area within British Columbia identified by the Stó:lō First Nations and as set out for illustrative purposes in Appendix A; “S’ólh Téméxw Stewardship Alliance” or “STSA” means the Stó:lō First Nations, the leadership of all of which together provides direction to the People of the River Referrals Office; “Stó:lō Connect” means the collaborative, social network communication tool for referral management, whereby referrals are distributed, viewed, shared and managed via a secure web portal (www.stoloconnect.com including a database/file management/mapping system) which is owned and managed by 2 the Stó:lō Research and Resource Management Centre, and is used by the PRRO and some Non-Participatory First Nations for the collaborative management of referrals; “Stó:lō First Nations” means Chawathil First Nation, Cheam First Nation, Kwaw- Kwaw-Apilt First Nation, Sq’éwlets (Scowlitz) First Nation, Sq’ewá:lwx (Skawahlook) First Nation, Skwah First Nation,Semá:th (Sumas) First Nation, Yale First Nation; and, as represented by Ts’elxwéyeqw Tribe Limited Partnership, Aitchelitz First Nation, Shxwhá:y Village, Skowkale First Nation, Soowahlie First Nation, Squiala First Nation, Tzeachten First Nation and Yakweakwioose First Nation, each of which is a “band” within the meaning of the Indian Act; “Stó:lō Rights” means Aboriginal rights, including Aboriginal title, recognized and affirmed by section 35(1) of the Constitution Act, 1982, whether of the Stó:lō or one or more of the Stó:lō First Nations. “Strategic Topic” means any matter of interest to a Party, other than Proposed Activities, which the Parties agree may be brought forward for discussion at the Nation-to-Nation Forum. 1.2. Interpretation. For the purposes of this Protocol: 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 Protocol and in no way define, limit, alter or enlarge the scope or meaning of any provision of this Protocol; 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 in the singular include the plural, and words in the plural include the singular unless the context or any specific definition otherwise requires; e. in the calculation of time under this Protocol, all references to “days” are to calendar days except that if the time for doing an act falls or expires on a day that is not a Business Day, the time is extended to the next Business Day; 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 Protocol are to be resolved in favour of any Party. 1.3. Appendices. The following are the Appendices to and form part of this Protocol: Appendix A – Protocol Area 3 Appendix B – Nation-to-Nation Relationship Appendix C – Nation-to-Nation Forum Appendix D – Engagement Framework Appendix E – Stó:lō First Nations Band Council Resolutions Appendix F – Stó:lō Nation Society Financial Administration 2. PURPOSE 2.1. Purpose. The purpose of this Protocol is to: a. facilitate meaningful dialogue and a respectful government-to-government, nation-to-nation relationship between the Parties based on recognition of Aboriginal rights, respect, co-operation and partnership as reflected in the Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples, and implementing the United Nations Declaration on the Rights of Indigenous Peoples in a manner consistent with Canada’s Constitution; b. promote more effective and efficient engagement through the Nation-to- Nation Forum; c. establish the process set out in the Engagement Framework as the process for fulfilling Canada’s duty to consult the Stó:lō First Nations on Applicable Activities, and which framework establishes the Parties’ respective obligations; d. engage on Strategic Topics to improve the government-to-government, nation-to-nation relationship; and e. work collaboratively to build consensus, and where possible consent, on decision making to address the Parties’ respective rights and interests. 3. SCOPE AND APPLICATION 3.1. Application of the Protocol. There are three ways this Protocol can apply: a. a Responsible Department may notify the Stó:lō First Nations that it intends to apply the Protocol to all Proposed Activities for which it is responsible, unless notice is given to the contrary for a specific Proposed Activity; b. where a Responsible Department has not provided notification under a. above, that department and the Stó:lō First Nations may agree to apply the Protocol in relation to a specific Proposed Activity by exchange of notice; or 4 c. where Canada is relying, to the extent possible, on an existing process (e.g.
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