Since the establishment of the New Relationship, First Nations and the Province have worked together to provide increased certainty over land resources for the benefit of all British Columbians. In the 2008 Throne Speech the Province committed to pursuing flexible and creative solutions at the negotiating table.

Incremental Treaty Agreements Advance Treaties in B.C.

The treaty process can be long and deliberate. Incremental Treaty Agreements (ITA) are designed as a tool that will provide real and tangible benefits to First Nations and the Province in advance of a final treaty. Benefits provided through the ITAs help build trust and create incentives to reach further milestones.

ITAs are designed to provide immediate benefits for First Nations such as parcels of Crown land, cash payments and economic development opportunities. ITAs can be tailored to take account of the specific needs of individual First Nations.

Tla-o-qui-aht and Klahoose sign Province’s first-ever ITAs

On November 13, 2008 Tla-o-qui-aht First Nations and the Province signed the first-ever ITA in B.C. Premier Gordon Campbell and Minister de Jong were welcomed by Chief Francis Frank and the Tla o qui aht Hereditary Chiefs at the Tla o qui aht owned and operated Tin Wis Resort in the heart of their traditional territory. Members of the surrounding community joined representatives from neighbouring First Nations and local government to celebrate this historic achievement. The agreement is strongly supported by the District of Tofino, whose mayor, John Fraser was delighted to co-emcee the event with Minister de Jong. 

“Tla-o-qui-aht First Nations and the Province have worked hard to make this groundbreaking agreement a reality,” said Minister de Jong. “I respect the vision and commitment of all members of the Tla o qui aht First Nations for being at the forefront of this new way of approaching treaty.”

The Tla-o-qui-aht ITA is a four-year agreement which will transfer approximately 63 hectares of land and provide capacity-building funding totaling $600,000 to the First Nation. These benefits are an advanced portion of the provincial share of a future treaty settlement package.

The Tla-o-qui-aht are now in the fourth stage (Agreement-in-Principle) of the six-stage B.C. Treaty Commission treaty negotiation process.

Building on the momentum created by the Tla-o-qui-aht ITA, on March 5, 2009 the Province signed a second ITA with Klahoose First Nation. Over 30 community members joined their elders, councilors and chief to celebrate the increased economic opportunities. Klahoose First Nation has been at stage four of the treaty process since 1997 and this agreement commits Klahoose to re-engage in the treaty process and gives them incremental treaty benefits that become part of the Final Agreement.

“The Klahoose Nation is actively pursuing business opportunities to benefit their community. This agreement supports that by allowing the benefits of a treaty to flow to the First Nation earlier in the process,” said Minister de Jong. “There’s no question in the government’s mind that ITAs provide a key tool in reconciliation opportunities for First Nations in the shorter term while laying the foundation for a treaty.”

Under the terms of the ITA, Klahoose First Nation will receive $2.1 million, which they will use to purchase Tree Farm Licence 10 on the Toba Valley, and $150,000 in two instalments to advance treaty negotiations and build economic development capacity. The purchase of the Tree Farm Licence will create jobs and new business opportunities for the Klahoose and surrounding communities.

To view a copy of these Incremental Treaty Agreements visit www.treaties.gov.bc.ca/.

Additional ITAs are currently being discussed with willing and eligible First Nations. Suitability for entering into ITA negotiations will continue to be evaluated on a case-by-case basis.

Moving Forward

As part of its commitment to find flexible and creative solutions at the negotiating table, the Province signed bilateral agreements with Yale First Nation in November 2008 and the In-SHUCK-ch Nation (representing Douglas First Nation, Samahquam Nation and Skatin First Nations) in March 2009. These bilateral agreements represent major milestones in treaty negotiations because they signify the resolution of all substantial issues between the Province and First Nations.

Also, on April 3 the Tsawwassen Treaty will come into full effect. This is the first treaty completed under the new B.C. Treaty Commission process, and is a significant achievement that proves that negotiation provides positive outcomes for all British Columbians.

The Province will continue to work with First Nations and Canada and others to find innovative and beneficial ways of reaching final agreements. With the New Relationship as a solid foundation, treaty momentum in British Columbia will continue to gather pace.