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Maa-Nulth Final Agreement: Governance

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Maa-Nulth Final Agreement: Governance SHARED RESPECT. SHARED PROSPERITY. Governance The Maa-nulth Final Agreement was negotiated by the Government of Canada, the Government of British Columbia and the Maa-nulth First Nations. The fi ve Maa-nulth First Nations are Ucluelet First Nation, Huu-ay-aht First Nations, Toquaht Nation, Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations, and Uchucklesaht Tribe, all located on the west coast of Vancouver Island. The Maa-nulth First Nations represent about 2,000 people. Maa-nulth means “villages along the coast” in the Nuu-chah-nulth language. The Maa-nulth Final Agreement is among the fi rst Final Agreements reached in the province under the British Columbia treaty process. The Final Agreement sets out each Maa-nulth First Nation’s rights and benefi ts respecting land and resources, and self-government over its lands and resources and its citizens. The Final Agreement provides certainty for all parties with respect to ownership and management of lands and resources and the exercise of federal, provincial and Maa-nulth First Nation governmental powers and authorities. The negotiation of a Final Agreement marks Stage Five of the six-stage British Columbia treaty process, and is the conclusion of substantive treaty negotiations. Once ratifi ed by all parties, the Final Agreement will become a treaty through legislation. It will be a constitutionally-protected legal agreement which creates mutually binding obligations and commitments. MAA-NULTH First Nation to make its own for the appointment of Ha’wiih authority include the delivery of FIRST NATIONS decisions about matters (Nuu-chah-nulth hereditary health services, education, fi re GOVERNANCE related to the preservation chiefs) into its government protection and public works. The Maa-nulth Final Agreement of its culture, the exercise structure. However, the will operate within the of its treaty rights and the majority of representatives Federal and provincial laws framework of the Constitution operation of its government. within each Maa-nulth First will apply on treaty settlement of Canada and the Canadian Nation government will be lands, known as Maa-nulth First Charter of Rights and Freedoms The Final Agreement requires elected. Each Maa-nulth Nation Lands. In matters where will apply to the Maa-nulth that each Maa-nulth First First Nation’s constitution the Maa-nulth First Nations First Nation governments. Nation have a constitution will come into force on the have law-making authority, that provides for government eff ective date of the treaty. the Final Agreement sets out With the exception of that is democratically and which law prevails if a Maa- determining Indian status, after fi nancially accountable to the nulth First Nation law confl icts MAA-NULTH FIRST a transition period the Indian Maa-nulth-aht (those people with a federal or provincial law. NATIONS LAW- Act will no longer apply to the who are enrolled in and will MAKING POWERS Maa-nulth First Nations, their benefi t from the treaty) and In areas related to internal The Final Agreement contains lands or members. Instead, all Maa-nulth First Nation and integral matters, Maa- law-making powers for matters constitutionally-protected citizens. At the discretion of nulth First Nation laws will related to land, resources, and self-government provisions each Maa-nulth First Nation, have priority over confl icting other areas of governance. will enable each Maa-nulth its constitution may provide federal and provincial laws. Maa-nulth First Nation areas of MAA-NULTHM A A - N U L T H FINALF I N A L AGREEMENTA G R E E M E N T Examples include government Each Maa-nulth First Nation NON-MEMBER they will be protected administration, governance of may enter into land use REPRESENTATION under the Canadian Charter Maa-nulth First Nation Lands, planning protocols with Individuals who are non-Maa- of Rights and Freedoms. Maa-nulth First Nation assets local governments to nulth First Nation members on these lands, and Maa-nulth coordinate and harmonize living on Maa-nulth First Nation CULTURE AND First Nation membership. land use planning processes Lands may participate in the HERITAGE In other areas, federal and and land use decisions. decision-making processes Each Maa-nulth First Nation provincial laws will prevail over of a Maa-nulth First Nation government may make laws Maa-nulth First Nation laws No later than 10 years after public institution, such as a applicable on its Maa-nulth First to the extent of any confl ict. the eff ective date of the treaty, school or health board, where Nation Lands regarding the Huu-ay-aht First Nations, those particular decisions on preservation, promotion and Uchucklesaht Tribe, Ucluelet the activities of that institution REGIONAL development, and teaching of First Nation and Toquaht Nation directly and signifi cantly aff ect GOVERNMENT the Nuu-chah-nulth culture and may each appoint one director them. A Maa-nulth First Nation Maa-nulth First Nation Lands the Nuu-chah-nulth language. to the board of the Alberni- government may appoint do not form part of any Each Maa-nulth First Nation Clayoquot Regional District, and non-members to sit as board municipality. Local government government may also make Ka’yu:’k’t’h’/Che:k:tles7et’h’ members of these institutions. bylaws do not apply to laws on the conservation, First Nations may appoint Maa-nulth First Nation Lands protection and management one director to the board Non-members will have unless specifi c agreement of cultural heritage resources, of the Comox–Strathcona access to the appeal and has been reached between and public access to heritage Regional District. review procedures established the applicable Maa-nulth First sites located on its Maa- by a Maa-nulth First Nation Nation and local government. nulth First Nation Lands. government. Like all Canadians, If you would like more information about the Maa-nulth Final Agreement, contact: Canada British Columbia Indian and Northern Aff airs Canada Ministry of Aboriginal Relations British Columbia Region and Reconciliation 600 - 1138 Melville Street PO Box 9100 Stn Prov Govt Vancouver, BC V6E 4S3 Victoria, BC V8W 9B1 1-800-567-9604 1-800-880-1022 www.inac.gc.ca/bc/ftno www.gov.bc.ca/arr [email protected] [email protected] MAA-NULTH FINAL AGREEMENT.
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