maa-nulth first nations final agreement implementation report / 2011

Transcription

maa-nulth first nations final agreement implementation report / 2011
M A A- N U LT H F I R S T N AT I O N S F I N A L A G R E E M E N T
I M P L E M E N TAT I O N R E P O R T / 2 0 1 1 – 2 0 1 2
MAA-NULTH
T H E MA A- N U LT H F I R S T N AT I O N S F I N AL AGREEMENT I S VANC O UV ER I SL AND ’S
FI R ST MO D E R N - DAY T R E AT Y A N D T H E F I RST MULTI -NATI O N TRE AT Y UND ER THE
B R I T I S H CO L U M BI A T R E AT Y C O M M I SSI O N P RO C ESS.
The governments of Canada, British Columbia, and each of the five Maa-nulth First Nations
(Huu-ay-aht First Nations, Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations, Toquaht Nation, Uchucklesaht
Tribe, and Yuułuʔiłʔatḥ) are Parties to the Maa-nulth First Nations Final Agreement (the Treaty),
which came into force on the Effective Date of April 1, 2011. This report highlights the progress
made in the first year of the Treaty, from April 1, 2011 to March 31, 2012.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 1
MA A-NULTH:
VILL AGES ALONG
THE COAST
The people of the Maa-nulth First Nations live in one
of the most beautiful places on Earth —— the west coast
of Vancouver Island surrounding Barkley Sound and
Kyuquot Sound. In the Nuu-chah-nulth language,
maa-nulth means “villages along the coast.”
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 2
The First Nations of the Maa-nulth Treaty are five distinct First Nations:
•
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•
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Huu-ay-aht First Nations (pronounced Hoo-ay-at)
Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations (pronounced Ka-yu-ket/Chek-le-set)
Toquaht Nation (pronounced Toe-kwat)
Uchucklesaht Tribe (pronounced You-chuck-le-sat), and
Yuułuʔiłʔatḥ, formerly Ucluelet First Nation (pronounced You-thloo-ith-at).
In total, the Maa-nulth First Nations include approximately 2,200 citizens.
M A A - N U LT H F I R S T N AT I O N S F I N A L A G R E E M E N T
The Maa-nulth First Nations Final Agreement is the first modern-day treaty to be concluded
on Vancouver Island, home to more than 50 First Nations. The result of more than 15 years of
negotiation, it is also the first multi-nation treaty concluded under the British Columbia Treaty
Commission process.
The five Maa-nulth First Nations had voted in favour of accepting the Treaty by October 2007. The
Treaty was ratified by the British Columbia Legislature and received Royal Assent on November 29,
2007. On June 18, 2009, the Treaty was ratified and received Royal Assent by Canada’s Parliament
and Senate. The Effective Date of the Treaty is April 1, 2011. On that day, at 12:01 a.m., the people of
the Maa-nulth First Nations — together with fellow British Columbians and Canadians — celebrated
their collective achievement with ceremonies, drumming, fireworks, and tears.
The Treaty is intended to remove barriers to socio-economic prosperity by settling claims of Aboriginal
rights to land and resources, and by enabling each of the five Maa-nulth First Nations to govern
themselves. A comprehensive land claims agreement, which also sets out the governing authorities
of the Maa-nulth First Nations, the Treaty:
•
•
•
•
•
establishes 24,550 hectares of Maa-nulth First Nation Lands (“Treaty Settlement Lands” or “TSL”);
provides the Maa-nulth First Nations Capital Transfers of $96.7 million;
sets out how Canada, British Columbia, and the Maa-nulth First Nations will share benefits
from natural resources, and how those resources will be managed;
establishes, within the Canadian Constitution, democratically-elected Maa-nulth First Nation
governments with powers to make laws (in 33 specific areas), deliver programs, manage lands
and resources, protect and enhance culture, and collect taxes; and
provides tools for new government-to-government relationships between Canada, British
Columbia, and the Maa-nulth First Nations.
The next two sections of this report explain what the Treaty changed regarding lands and resources,
and what was changed regarding governance. The sections for the individual Maa-nulth First Nations describe, for the reporting period April 1, 2011 to March 31, 2012, activities made possible by
these changes to improve social and economic conditions on Treaty Settlement Lands. The report
concludes with a summary of financial matters and the audited financial statements of each Maa-nulth
First Nation.
For the complete text of the Treaty, visit: www.gov.bc.ca/arr/firstnation/maa_nulth/default.html
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 5
LANDS &
RESOURCES
Seafaring nations of Canada’s Pacific coast, the
Maa-nulth First Nations are also people of salmon
and cedar. Their traditional territory is located in the
heart of North America’s remaining coastal temperate
rainforest, one of the world’s most biologically
productive ecosystems.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 6
The Treaty modifies pre-existing Aboriginal rights and title of each Maa-nulth First
Nation into treaty rights and title. It provides legal certainty as to the ownership of
Treaty Settlement Lands, harvesting rights, a portion of forest resource revenues, joint
management of natural resources with Canada and British Columbia, and the basis for a
new and productive economic foundation for these nations. The Treaty releases Canada,
British Columbia, and all other persons from all claims by each Maa-nulth First Nation,
for actions before Effective Date, relating to infringement of any Aboriginal rights and
title of that nation.
T R E AT Y S E T T L E M E N T L A N D S
Before the Effective Date, a Maa-nulth First Nation could not own land because, as an Indian
Act “band,” it was not legally recognized as an entity capable of doing so. Maa-nulth First Nation
Reserves, many of which were small and isolated, were legally owned by Canada for the use and
benefit of the Indian bands. Under the Indian Act, Canada was required to approve certain decisions
for the use of those Reserves.
The Treaty provides each Maa-nulth First Nation with full legal personhood capable of owning land. The
former Reserves no longer exist, having been included in what are now Treaty Settlement Lands. The Treaty
recognizes each Maa-nulth First Nation as the owner of their Treaty Settlement Lands, totaling 24,550 hectares, in fee simple, being the greatest extent of ownership known in Canadian law. The Treaty also recognizes their ownership of subsurface resources under most Treaty Settlement Lands (subject to existing tenures),
not typically included with fee simple ownership, as well as their legislative authority over those lands.
Ownership of their Treaty Settlement Lands allows the Maa-nulth First Nations to access the capital
value of those lands to secure financing for development, including residential construction and other
long-term economic benefits. Ownership of subsurface resources allows the Maa-nulth First Nation
governments to set fees, royalties, and other charges to explore, develop, and extract those resources.
Ownership and governance of their Treaty Settlement Lands and resources allow the Maa-nulth
First Nations to grow their economies and develop their societies in the manner they determine
best, respectful and mindful of their culture and traditions.
Surveys & Registry
The Treaty indicates that the outer boundaries of Maa-nulth First Nation Lands are to be described by
legal surveys. In cases where adequate legal surveys did not already exist, “initial surveys” were to be
completed either before the Effective Date or as soon as practicable afterward. Prior to the Effective
Date, Canada completed all required surveys in respect of former Indian Reserves, and British
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 7
Columbia completed surveys of those lands required by the Treaty to be registered in the Victoria
Land Title Office, plus several other parcels of former provincial Crown Land.
On the Effective Date, the Victoria Land Title Office received all of the plans and documents
necessary to give effect to the registration of certain parcels of Treaty Settlement Lands requiring
registration under the Treaty. The Land Title Office received, processed, and registered 12 plans
and approximately 180 documents on April 1, 2011. During the reporting period, the Surveyor General
issued 14 sets of survey instructions for initial surveys of Maa-nulth First Nation Lands and confirmed
12 Survey Plans. Initial surveys are on-going and will continue until all treaty commitments are met.
Additions to Treaty Settlement Lands
The Treaty sets out processes where the Maa-nulth First Nations may add to their Treaty Settlement
Lands through future purchases. The Treaty also sets out processes for rare and unlikely circumstances where Canada or British Columbia may need to expropriate land. During the reporting period,
Yuułuʔiłʔatḥ requested that a land parcel containing its Wya Welcome Centre be added to Treaty
Settlement Lands. Canada was unable to consider the request as the land was owned by a Yuułuʔiłʔatḥ
corporation, rather than the Yuułuʔiłʔatḥ First Nation itself, as required under the Treaty. Yuułuʔiłʔatḥ
Government agreed to address ownership issues before returning with the request for the addition to
Treaty Settlement Lands.
Forest Resources
The Treaty resolves questions about who owns forest resources and gains the economic benefits of
logging. Under the Treaty, the Maa-nulth First Nations own all forest and range resources on Treaty
Settlement Lands. This ensures that the Maa-nulth First Nations control the management and harvesting
of trees and non-timber resources both for traditional and commercial purposes. The Treaty enables the
Maa-nulth First Nations to export raw logs internationally, exempt from provincial export restrictions.
In addition, the Treaty provides that each Maa-nulth First Nation will be paid a share of annual
resource revenues generated within that Nation’s Treaty Areas (see next section), for a 25-year period
commencing on the Effective Date. The revenue sharing formulas are based on provincial stumpage
revenues. The total paid to the Maa-nulth First Nations in the first year of the Treaty was $869,534.
Details of these payments are provided in the Financial Matters section of this report.
Wildfire Suppression & Control
On the Effective Date, Canada and British Columbia entered a Wildfire Suppression Agreement
with each Maa-nulth First Nation that sets out how the costs incurred by British Columbia for wildfire
control on Treaty Settlement Lands (for wildfires that originate on those lands) will be shared by British
Columbia, Canada, and individual Maa-nulth First Nations. Costs are based on the actual forest fires
that occur, with a formula to make manageable regular payments. British Columbia and the Maa-nulth
First Nations will continue this arrangement indefinitely, while Canada will decide whether to continue
its participation in the agreement after ten years.
T R E AT Y A R E A S
The Treaty confirms agreement on defined Maa-nulth First Nation Areas, Domestic Fishing Areas
and Wildlife and Migratory Birds Harvesting Areas which encompass the traditional territories of the
Maa-nulth First Nations. Within these areas the Maa-nulth First Nations may exercise non-exclusive
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 8
rights recognized in the Treaty. These include rights to harvest Migratory Birds, Wildlife and Fish
and Aquatic Plants for food, social and ceremonial purposes as set out in the Treaty. The role of the
Maa-nulth First Nations within the Maa-nulth First Nation Areas is further articulated in Chapter 6
of the Treaty and includes economic development opportunities, the ability to participate in joint
governance activities with Canada and British Columbia and the ability to participate in, and exercise
certain rights regarding, cultural activities.
Environmental Assessment
The Maa-nulth First Nations are entitled to timely notice and participation in environmental assessments for any projects within their Treaty Areas that may reasonably be expected to adversely affect
TSL or treaty rights. As well, no project on Treaty Settlement Land can proceed without the consent of
the Maa-nulth First Nation that owns the land. Since Effective Date, the Maa-nulth First Nations have
been participating in the federal environmental assessment of the Raven Underground Coal Mine.
In addition to providing comments on the scope, environmental effects, and mitigation measures,
the Maa-nulth First Nations participate on technical working groups with federal departments.
Migratory Birds & Wildlife
Similar to the Domestic Fishing Areas, the Treaty sets out a defined Migratory Bird Harvest Area and a
Wildlife Harvest Area for the Maa-nulth First Nations to harvest for Domestic Purposes. These Harvest
Areas extend beyond Treaty Settlement Lands to include the right to harvest wildlife and migratory
birds on a non-exclusive basis within the entire traditional territories of the Maa-nulth First Nations.
The Treaty sets out requirements for consultation before Canada or British Columbia may designate
or set an allocation for a hunted species because of conservation risks.
The Maa-nulth First Nations appointed representatives to a Maa-nulth Wildlife Council for joint management with British Columbia. During the reporting period, the council developed the first Maa-nulth
Wildlife Harvest Plan, which was approved by British Columbia. Harvest monitoring, reporting forms,
and procedures were developed and implemented.
National Parks
Where national parks and marine conservation areas are wholly or partly within traditional territories,
the Maa-nulth First Nations retain rights to gather plants or timber for medicinal, ceremonial or artistic
purposes, and to trap fur-bearing mammals or hunt birds and land mammals for Domestic Purposes.
In the Treaty, Canada and the Maa-nulth First Nations committed to enter a formal arrangement
for cooperation in planning and managing Pacific Rim National Park Reserve. During the reporting
period, Parks Canada and four Maa-nulth First Nations (Huu-ay-aht, Toquaht, Uchucklesaht, and
Yuułuʔiłʔatḥ) concluded this cooperative management agreement. The agreement covers a range
of matters including harvesting, economic opportunities, park planning, and management.
Provincial Parks
On the Effective Date, British Columbia established the Power River Watershed Protected Area.
During the reporting period, British Columbia and Uchucklesaht Tribe established a Park Committee to
jointly manage Thunderbird’s Nest Protected Area. In addition, as set out in the Treaty, the Quin-e-ex
Lands were added to Mquqwin / Brooks Peninsula Provincial Park.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 9
FISHERIES
Fisheries have been central to the health and well-being of the Maa-nulth First Nations for countless
generations. However, fisheries resources are not limitless. How much fish may be caught under
an Aboriginal right to fish remains contentious for many First Nations in British Columbia. For the
Maa-nulth First Nations, however, their Treaty sets out allocations to fish for food, social, or ceremonial purposes (Domestic Purposes) for specific species. These allocations may be limited by measures
necessary for conservation or, in times of scarcity, balanced with other Aboriginal domestic fisheries
allocations. This fishing takes place in non-exclusive Domestic Fishing Areas outlined in the Treaty.
The Treaty also sets out how the Maa-nulth First Nation governments will designate the individuals
to fish for their communities’ needs, and issue documents clearly identifying designated persons
and vessels.
Commercial Fisheries
Maa-nulth First Nations commercial fisheries allocations are not protected by the Treaty. Instead,
provisions for commercial fisheries are set out in a Harvest Agreement negotiated at the same time
as the Treaty. The Harvest Agreement sets out a number of commercial licences for the Maa-nulth
First Nations that may be renewed in perpetuity. Under specified circumstances, Canada and British
Columbia are required to compensate the Maa-nulth First Nations if Harvest Agreement licences are
cancelled. Separate from both the Harvest Agreement and the Treaty, Canada also made individual
payments to each Maa-nulth First Nation, totaling $4.15 million, for purchasing commercial fisheries
licences from willing sellers.
Joint Fisheries Management
Under the Treaty, final authority over fisheries remains with the relevant federal or provincial Minister.
However, the Treaty requires the Parties to establish a Joint Fisheries Committee (JFC) for co-management of the Maa-nulth First Nations domestic fisheries and coordination with commercial, recreational, and other Aboriginal fishing. The JFC includes one member from each Maa-nulth First Nation,
Canada, and British Columbia. During the reporting period, the JFC conducted regular and special
meetings to discuss fisheries issues. The JFC also established a working group to develop a vision
document that will define stewardship, capacity building, partnership, and shared decision-making
by the Maa-nulth First Nations and Canada’s Department of Fisheries and Oceans (DFO).
Catch Reporting
Under the Treaty, the Maa-nulth First Nations agree to provide DFO with catch data for fish harvested
for Domestic Purposes. During the reporting period, the Maa-nulth First Nations and Canada agreed
on a two-part plan for catch data. First, Maa-nulth First Nations staff will use customized computer
software (Maa-nulth Electronic Reporting Program), to compile and electronically send reliable data
to DFO on a weekly basis. Second, catch monitoring practices will be developed to estimate harvest
quantities according to established DFO standards. Start-up challenges in the reporting year resulted
in some data gaps, and the parties worked to resolve these before the next fishing season.
Prior to the Treaty, the Maa-nulth First Nations sought greater control over how fisheries were
conducted in their traditional harvest areas. The Treaty obligates the Parties to make adjustments
over the years as actual catch amounts exceed, or fail to meet, treaty-protected allocations for various
species. During the reporting period, the Fisheries Operating Guidelines (FOG) were revised to reflect
an accounting year that corresponds with the Maa-nulth First Nations’ actual fishing activities.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 10
The Parties also began work on a FOG Supporting Document to integrate Maa-nulth First Nations
fisheries information with regional fisheries planning.
Maa-nulth First Nation Catch by Species, Allocated
April 1, 2011 to February 20, 2012
Species
Sockeye
Salmon
Stock
Fraser
River
Henderson
Lake
Somass
River
Ka:’yu:’k’t’h’/
Che:k’tles7et’h’
Uchucklesaht
Yuułuʔiłʔatḥ
Toquaht
Total
3
0
4
0
20
599
1,254
428
413
122
2,816
66.6%
Pieces
3,616
4,845
1,014
2262
329
12,066
52.8%
Allocation
Unit
Huu-ay-aht
2,673
Pieces
13
4,228
Pieces
22,844
% of
Allocation
0.7%
Chinook
Salmon
Ocean
5,378
Pieces
483
297
0
618
56
1,454
27.0%
Coho
Salmon
Terminal
1,500
Pieces
333
2
0
0
0
335
22.3%
Ocean
7,000
Pieces
269
126
0
831
4
1,230
17.6%
Terminal
3,050
Pieces
68
1
0
0
0
69
2.3%
6,499
Pieces
26
210
0
0
1
237
3.6%
Chum Salmon
Pink Salmon
7,250
Pieces
10
6
0
2
0
18
0.2%
Halibut
57,409
Pounds
12,257
8,902
4,740
4,037
0
29,936
52.1%
Groundfish
13,000
Pounds
2,873
1,104
1,055
45
0
5,077
39.1%
Rockfish
18,452
Pounds
1,216
417
1,152
534
0
3,319
18.0%
569
141
0
0
Sablefish
(Black Cod)
3,752
Pounds
96
806
21.5%
Clam, Butter
s.a.
Pounds
40
40
n.a.
Clam, Manilla
s.a.
Pounds
15
15
n.a.
s.a.
Pounds
60
60
n.a.
s.a.
Pieces
570
630
n.a.
Clam, Native
Littleneck
Oysters
60
s.a.: Bivalves in the table are allocated as the harvestable surplus from set-aside beach areas described in the Treaty appendices.
n.a.: Not Applicable as no specific numerical quantity is allocated for this species.
Maa-nulth First Nation Catch by Species, Not Allocated
April 1, 2011 to February 20, 2012
Species
Unit
Huu-ay-aht
734
Crab, Dungeness
Pieces
Crab, Red Rock
Pieces
Prawn
Pounds
Pieces
Urchins
Pieces
Kelp, Bull
Pieces
Chitons
Pounds
Mussels
Pounds
Uchucklesaht
Yuułuʔiłʔatḥ
Toquaht
21
817
6
6
367
444
444
1
22
122
2
8
Total
83
367
Pieces
Steelhead Salmon
Ka:’yu:’k’t’h’/
Che:k’tles7et’h’
122
2
1
1
3
11
C A S H PAY M E N T S
In addition to the changes to lands and resources set out above, the Treaty requires Canada and
British Columbia to provide the Maa-nulth First Nations with Capital Transfer payments of $96.7
million, plus one-time payments of $47.8 million to fund treaty implementation activities. Details
of cash payments are provided in the Financial Matters section of this report.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 11
GOVERNANCE
Since time immemorial, the Maa-nulth First Nations
assert that they have governed their lands, resources,
and peoples in accordance with their practices
and traditions.
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In 1995, Canada recognized First Nations’ right to govern themselves with the publication
of its Inherent Right Policy. Discussions between the Maa-nulth First Nations, Canada,
and British Columbia culminated in the recognition and affirmation of that inherent right
to self-government in the Maa-nulth First Nations Final Agreement (the “Treaty”), signed
in 2009. For the first time in modern history, the Maa-nulth First Nations have recognized
legal authority within the Canadian constitutional framework to govern their own affairs.
On the Effective Date, the Indian Act ceased to apply to the Maa-nulth First Nations, except for
determining whether an individual is an Indian and the administration of certain estates. The Treaty
Settlement Lands are not governed under the Indian Act. Maa-nulth First Nations became the legal
entities who hold title, including subsurface resources, and governing authority over these lands.
The Maa-nulth First Nations now own and govern their Treaty Settlement Lands, share in the wealth
of resources extracted from their traditional territories, and have legislative tools to strengthen their
language, culture, and heritage.
The Treaty ensures that individuals ordinarily resident on Treaty Settlement Lands who are not
citizens of the Maa-nulth First Nations will be consulted by the Maa-nulth First Nations’ governments
on decisions that directly and significantly affect those individuals.
M A A - N U LT H F I R S T N AT I O N S C O N S T I T U T I O N S
A return to self-government for the Maa-nulth First Nations has not meant a complete return
to traditional governance practices. Traditions have been combined with modern concepts of
representative democracy and the rule of law. While the Treaty stipulates that a majority of
each Maa-nulth First Nation government must be elected, each government may also include
representation from its Ha’wiih (hereditary chiefs). This ensures that the wise counsel of the
Ha’wiih can form part of the governing structures and connect modern Maa-nulth First Nation
governments with their past.
The Treaty requires that each Maa-nulth First Nation will have a constitution that provides for democratically elected government with a system of financial administration, accountability, and conflict of
interest rules, to standards generally accepted for governments in Canada. Through elected bodies,
Maa-nulth First Nations exercise law-making authorities in accordance with the Canadian Charter of
Rights and Freedoms, the Treaty, and their own constitutions. The Treaty recognizes the constitution
of each Maa-nulth First Nation ratified by its citizens before the Effective Date. Those constitutions
establish the structures and powers of government for each Maa-nulth First Nation.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 13
L AW - M A K I N G A U T H O R I T Y
The law-making powers of Maa-nulth First Nation governments are limited by the division of legislative
authority within the Canadian federal system. Through the Treaty, the Parties agree that the Maa-nulth First
Nations have power to make laws over their Treaty Settlement Lands, the operation of their governments,
taxation, culture and heritage, adoption, education, health and social services. Federal and provincial laws
continue to apply on Treaty Settlement Land. In the event of a conflict between a Maa-nulth First Nation
law and a federal or provincial law, the Treaty includes dispute resolution provisions. Broadly, Maa-nulth
First Nation laws will prevail for matters internal to their communities and integral to their Aboriginal culture.
Each Maa-nulth First Nation has enacted a number of laws, described later in this report.
GOVERNMENT PROGRAMS & SERVICES
The Treaty enabled Canada to transfer to the Maa-nulth First Nations the responsibility for delivery
of agreed-upon programs and services for Indians, together with the related program funding.
Each Maa-nulth First Nation is then responsible to deliver those programs and services to all Indians
residing on its Treaty Settlement Lands. Program funding is transferred each year to each Maa-nulth
First Nation as consolidated Block Funding. Block Funding permits each Maa-nulth First Nation to
be flexible in determining where it directs its fiscal resources. Provided that the terms and conditions
for the Block Funding transfers are met, each Maa-nulth First Nation may customize programs for
its community’s needs, and re-allocate funding between programs. Each Maa-nulth First Nation
government may retain any unspent surplus at the end of the fiscal year.
On the Effective Date, each Maa-nulth First Nation entered into an eight-year Fiscal Financing
Agreement (FFA) with Canada and British Columbia. Each FFA describes the amount, nature,
and duration of funding for the Nation and the responsibilities of each Party including agreed-upon
programs and services. The Maa-nulth First Nations were paid a total of $11 million in Block Funding
in the reporting period to support agreed-upon programs and services and treaty implementation.
This amount includes the funding that would normally have been transferred to the Maa-nulth
First Nations had they remained Indian Act bands, with an increase to account for the increased
responsibilities under self-government.
Each Maa-nulth First Nation remains eligible to apply for federal and provincial programs for
Aboriginal people where that Maa-nulth First Nation did not assume responsibility for the program
and receive related funding in its FFA. Applications to programs by Maa-nulth First Nations are subject
to the same program criteria as other applicants. The Parties continue to discuss whether certain
specific program responsibilities are included in the Maa-nulth First Nations FFAs.
C U LT U R A L O B J E C T S
A longstanding issue of concern for the Maa-nulth First Nations has been the return of important
cultural objects. The Treaty recognizes this and ensures that many Maa-nulth First Nations artifacts
will be returned from collections in the Canadian Museum of Civilization in Ottawa, the Royal BC
Museum in Victoria, or at Parks Canada sites. Other artifacts of the Maa-nulth First Nations may be
held in federal or provincial museums under custodial agreements negotiated with the appropriate
Maa-nulth First Nation.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 14
As the Effective Date approached, the Parties determined that there were a number of errors in the
lists of Maa-nulth First Nations Artifacts in the Treaty appendices. During the reporting period, the
Parties discussed revisions to the appendices, but these revisions are not yet in force.
TA X AT I O N
Under the Treaty, the Parties agreed that tax exemptions for Indians as set out in the Indian Act would
be phased out for citizens of the Maa-nulth First Nations. Exemption from transaction taxes will cease
in 2019 and exemption from income and all other taxes will cease in 2024. During the transition
period, tax exemptions remain available to Indians who are citizens of the Maa-nulth First Nations
as they were prior to the Treaty.
The Treaty enables the Maa-nulth First Nations to develop stable sources of revenue by negotiating
tax sharing agreements with Canada or British Columbia. Tax sharing agreements could include
transaction taxes, personal income taxes, or property taxes. A tax sharing agreement may also
provide Maa-nulth First Nations with the authority to tax persons on their Treaty Settlement Lands
who are not Maa-nulth First Nation citizens.
On the Effective Date, each of the Maa-nulth First Nations entered into a Real Property Tax Coordination Agreement with British Columbia. Three of the Maa-nulth First Nations, Toquaht Nation,
Uchucklesaht Tribe, and Yuułuʔiłʔatḥ, chose to exercise that agreement and assume the property
tax jurisdiction effective January 1, 2012. The remaining two Nations have provided notice that they
will assume the property tax jurisdiction for 2013. Although Canada and British Columbia are willing
to negotiate additional tax sharing agreements, the Maa-nulth First Nations are not ready to pursue
further agreements at this time.
During the reporting period, residents on Treaty Settlement Lands did not experience any changes
in their tax rates as a result of the Treaty.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 15
I N T E R G O V E R N M E N TA L R E L AT I O N S
The Treaty allows the Parties a fresh start with a new government-to-government relationship based
on mutual respect and collaboration. Treaty implementation includes all the activities required to comply with, or give effect to, all the provisions in the Treaty. Therefore, the treaty implementation phase
has no end date and requires ongoing coordination among the Parties. Through the Treaty, the Parties
are provided with tools to facilitate implementation and the new relationship.
Implementation Committee
To facilitate the new government-to-government relationship, the Treaty requires the Parties to form
a Treaty Implementation Committee. The committee is comprised of one member for Canada, one
for British Columbia, and a single member to represent the five Maa-nulth First Nations. Committee
members attempt to resolve implementation issues as they arise, assist the Parties to meet their
individual and shared obligations under the Treaty, and coordinate implementation with internal
agencies. The Implementation Committee is designed to deal with the inevitable challenges of this
new relationship.
During the reporting period, the committee met three times and sought to develop and optimize
its operating procedures. The committee discussed post-effective date access to federal program
funding, provisions for completing surveys of Treaty Settlement Lands, management of contaminated
sites, and arrangements for annual reporting.
Implementation Plan
The Parties developed an Implementation Plan prior to ratification of the Treaty. The plan does not
create legal obligations, and is intended as a guide to assist the Parties in implementation. The plan
sets out the activities the Parties will undertake to fulfill treaty obligations.
During the reporting period, Canada incorporated the Maa-nulth First Nations Implementation Plan
into an electronic database to track performance of treaty obligations, adapt to changing practices,
and facilitate annual reporting. British Columbia has similar objectives for its Internet-based Treaty
Obligation Tracking System.
Dispute Resolution
The Treaty sets out how the Parties agree to resolve disputes. However, in the Treaty, the Parties
agree that it is their intention to resolve disagreements through informal discussions as much
as possible, without triggering the escalating stages of the Dispute Resolution process. During
the reporting year, Canada and Huu-ay-aht First Nations were able to successfully avoid dispute
resolution and court proceedings on an estates matter by compromising through informal discussions
at the Implementation Committee.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 16
Enforcement of Maa-nulth First Nations Law
The Treaty establishes that each Maa-nulth First Nation is responsible for enforcement of laws passed
by its legislature. However, the Treaty allows for the Parties, at their discretion, to enter agreements
on the enforcement of Maa-nulth First Nations laws. During the reporting period, the RCMP began
negotiations to provide policing services on contract to the Maa-nulth First Nations, similar to
arrangements in place in most British Columbia municipalities. British Columbia’s Conservation
Officer Service and Ministry of Forests, Lands and Resource Operations Compliance and
Enforcement, along with DFO, Environment Canada, and Parks Canada discussed an Enforcement
Agreement with Maa-nulth First Nations to support enforcement of Maa-nulth First Nations laws for
resource harvesting.
Regional District Membership
The Treaty enables the Maa-nulth First Nations to join the appropriate regional district on the ten-year
anniversary of the Treaty or by providing notice to the regional district and British Columbia before the
anniversary date. Yuułuʔiłʔatḥ and Huu-ay-aht First Nations joined the Alberni Clayoquot Regional
District on April 1, 2012.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 17
HUU-AY-AHT
FIRST NATIONS
Located south of Barkley Sound, Huu-ay-aht First
Nations Treaty Settlement Land includes 1,077
hectares of former reserves and 7,181 hectares of
former Provincial Crown Lands. The village Anacla is
approximately 12 kilometres from the town of Bamfield.
The Huu-ay-aht First Nations include 671 registered
citizens with 100 citizens living on Huu-ay-aht First
Nations Land and the rest living away from home.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 20
H U U - AY-A H T F I R S T N AT I O N S
Huu-ay-aht First Nations (HFN) are laying down the building blocks for economic growth. Early in the
reporting period, a beautiful new $5 million building opened at Anacla as the main HFN administration
centre. HFN also took possession of the Bamfield East dock from Transport Canada and may
purchase the Bamfield West dock. Tourism, fishing, aquaculture, gravel, forestry and power projects
are the backbone of the HFN business plan—initiatives all made possible by the Treaty.
During the reporting period, HFN engaged in the following treaty implementation activities.
GOVERNANCE
HFN Government consists of an elected Chief Councillor, five elected Councillors, and an appointed
Ha’wiih (hereditary chief). An Executive Council oversees day-to-day operation of government while
the Legislature passes laws. HFN Government is democratic, transparent, and responsible, and seeks
to separate politics from both business and administration. To that end, HFN established:
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the HFN Tribunal (an appointed body of HFN Government);
standing committees for Finance, Economic Development, Treaty Implementation,
and Citizenship (including a Citizen & Enrolment Registrar position); and
a public registry of Huu-ay-aht laws.
In addition, HFN held its first People’s Assembly.
L E G I S L AT I O N
Land Act
Offence & Law Enforcement Act
Community Planning & Development Act
Resources Harvesting Act
Financial Administration Act
Government Act
Interpretation Act
Referendum & Recall Act
Tribunal Act
Budget Act for 2012
Freedom of Information & Protection of Privacy
Act (in force March 2013)
Real Property Tax Act
(not in force until Executive Council passes
a resolution bringing the act into effect in
March 2013)
Citizenship Act
Code of Conduct & Conflict of Interest Act
Constitution Act
Effective Date Procedures Act
Election Act
FINANCE
HFN established the HFN Settlement Trust, an Invested Wealth Fund, and concluded an eight-year
Fiscal Financing Agreement.
During the reporting period, HFN passed the Financial Administration Act (FAA) to provide the
framework and guidance for the effective, efficient, and transparent management of HFN resources.
The FAA, among other things, establishes the Finance Committee as a standing committee of
Government to oversee and provide recommendations to the Executive Council on the monthly and
quarterly financial reports, the annual budgeting process, as well as the investment and infrastructure
projects of the Nation.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 21
The FAA also directs that the Finance Committee oversee the management of the Huu-ay-aht
Invested Wealth Fund (IWF) and is the Trustee for the Huu-ay-aht Settlement Trust (HST). Both the
IWF and the HST are held in trust and managed by a professional investment firm selected after an
open and competitive solicitation process. The IWF is where the Time Limited Treaty funds are being
saved for future generations, with interest generated on the Trust being used to fund government
programs and services. The HST was created to hold, protect, and nurture Treaty Capital Transfers
and Resource Revenue payments for the benefit of HFN and its citizens.
L A N D S & N AT U R A L R E S O U R C E S
HFN established a Lands Committee, HFN Land Registry, and registered 39 interests in the Land
Title Office. HFN chose to establish its own land registry to effectively and responsibly manage Treaty
Settlement Lands (based on HFN laws) with modern technology, and to be able to track applications,
permits, leases, and other developments. During the reporting period, surveys of Carnation Creek
watershed were completed. As these lands include Crown Lands, private lands (Island Timberlands),
and HFN Woodlands Tenures/Treaty Settlement Lands, HFN wanted to ensure protection and clear
definition of Treaty Settlement Lands from logging or other possible developments.
In addition to joint Maa-nulth First Nations fisheries activities and reporting, HFN installed aquaculture
signage and distributed Maa-nulth harvest documentation.
H U U -AY-A H T E C O N O M I C D E V E L O P M E N T
In order to separate politics from business, HFN established a number of Huu-ay-aht business
enterprises, arms-length from Huu-ay-aht Government, equipped with independent management,
their own boards of directors, and a mandate to pursue economic development opportunities for
Huu-ay-aht citizens. Huu-ay-aht business enterprises include six limited companies and six limited
partnerships. In their first year of operation, the Huu-ay-aht business enterprises:
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hired a Chief Executive Officer
appointed a board of directors
created a detailed business plan
analyzed existing businesses
sought new business opportunities
employed 22 people (including 11 Huu-ay-aht citizens), and
acquired the first British Columbia First Nations Woodland License for HFN forestry operations.
C O M M U N I C AT I O N S
HFN developed a new website in partnership with HFN Economic Development Corporation.
HFN GOVERNMENT PROGRAMS & SERVICES
Public Works Department
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Emergency Planning and Preparation: HFN is connected to regional and provincial
resources and learning opportunities; prepared to respond effectively in the case of
disaster, and to protect lives and government infrastructure.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 22
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Fire Services Agreement: buildings and residents of Anacla are covered by a contracted
service from Bamfield Volunteer Fire Department (plans in place for HFN volunteers and
fire prevention education).
Wildfire Suppression Agreement: HFN contributes to and receives coverage from British
Columbia’s wildfire program to aid in case of wildfire.
Water reservoir and distribution improvement: this initiative ensures a sustainable water
source and distribution system with suitable water pressure to service homes and fight
fires on lands above the 20 metre tsunami zone.
Sewage collection, treatment, and disposal: HFN is developing the most sustainable,
environmentally sound system to support the future needs of residential and commercial
development (Phase 1 complete, Phase 2 underway).
Solid waste and sewage removal: HFN contracted services to ensure that public health
is protected.
Paving: the Bamfield main road from Camp Ross, through HFN lands to the neighbouring
town of Bamfield, was paved.
Health & Human Services Department
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Employment Incentives: offering support to get people back to work through on-the-job
skills training.
Family Violence Prevention: offering families activities to promote unity and togetherness.
Indian Residential School Counseling: offering support for Residential School survivors.
Social Assistance: providing for basic needs.
Patient Travel Assistance: providing extra funds when needed.
Support for recreational activities: promoting healthy living for adults, youth, and children.
Paawats: providing no-charge childcare.
USMA Protocol: negotiations for protocol agreement expected in the next reporting period.
(The USMA Program operates under the auspices of the Nuu-chah-nulth Tribal Council, which
is party to a Delegation Agreement with Canada and the Director of Delegated Agencies).
Family Support: providing advocacy for families in the courts and child protection system.
Began negotiations on a Local Education Agreement with School District 70.
Planned for administration of education funding to post-secondary students.
Funding provided for Trades, Vocational, and Technical programs.
Hosted workshops for citizens (Cashier & Customer Training, Traffic and Flagging).
Provided students with software support, bus passes, and tutoring.
Cultural Programs
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Cultural Activities: dance practice, cultural workshops, and events.
Elders Group: offering support for elders.
For more information, visit: www.huuayaht.org
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 23
K A:’ YU:’K’ T’H’/
CHE:K’ TLES7ET’H’
FIRST NATIONS
Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations (KCFN) is
a confederacy, comprised of several chiefly families,
which came together in the early 1960s. KCFN Treaty
Settlement Lands include 379 hectares of former
reserves and 5,920 hectares of former Provincial
Crown Lands on northwest Vancouver Island. The
combined citizenship for KCFN is 540 citizens: 151
live in Houpsitas, 104 citizens live in Campbell River,
with the rest residing in coastal communities in
British Columbia and Washington State.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 24
K A : ’ Y U : ’ K ’ T ’ H ’ / C H E : K ’ T L E S 7 E T ’ H ’ F I R S T N AT I O N S
During the reporting period, KCFN engaged in the following treaty implementation activities.
GOVERNANCE
In order to avoid the conflicts of interest and administrative difficulties of the previous system under
the Indian Act, KCFN Government is designed to ensure a clear separation between politics and
administration. As of the Effective Date, KCFN has a democratically-elected Legislature, an Executive
with delegated authority from the Legislature, and a separate Administration with clearly defined roles,
responsibilities, and reporting requirements. The KCFN Legislature includes one elected Legislative
Chief, five elected Legislators, and four appointed Ha’wiih (hereditary chiefs). The Legislature makes
laws and approves an annual budget. The KCFN Executive is made up of seven members appointed
by the Legislature from legislative members (all except the Legislative Chair).
Nuu-waas-sus (“Our Day”) celebrations took place in Houpsitas on the Effective Date after a late
night of celebrating the inaugural seating of the KCFN Legislature. During the reporting period, KCFN
continued training and capacity building, and developed policies and guidelines to improve the fair
delivery of programs and services to citizens.
L E G I S L AT I O N
Integrity Act
Government Personnel Act
Financial Administration Act
Administrative Decisions Review Act
Elections Act
Referendum Act
Citizenship Act
Access to Information Act
Land Act
Planning & Land Use Management Act
Resources Harvesting Act
Environmental Protection Act
Enforcement Act
Interpretation Act
Recall Act
Real Property Tax Act
Annual Budget Act 2011-2012
Annual Budget Act 2011-2012 Amendment
Annual Budget Act 2012-2013
P E O P L E ’ S A S S E M B LY
As required under its constitution and Government Act, KCFN held its first annual People’s Assembly.
KCFN citizens took the opportunity to speak, be heard, and make recommendations. Citizens
witnessed the swearing-in of KCFN legislative members. The first KCFN People’s Assembly is
a significant step in ensuring citizen involvement in KCFN governance.
K C F N I M P L E M E N TAT I O N C O M M I T T E E
A standing committee of the Legislature, the KCFN Implementation Committee is comprised of the Legislative Chief, one other Legislator, two KCFN citizens, and one technician who are responsible for providing
ongoing review of treaty implementation. During the reporting period, KCFN Implementation Committee
met four times and participated in the Maa-nulth First Nations Tripartite Implementation Committee.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 25
L AND REGISTRY
Under the Treaty, KCFN has the option to register lands in the B.C. Land Registry or in its own KCFN
Land Registry. Some of the historic, hereditary, or other “special” land holdings or encumbrances
cannot be registered in the B.C. Land Registry. Therefore, KCFN established its own Land Registry
and began development of a map base for Land Use Planning. During the reporting period, staff
worked on defining, recording, and mapping historic land interests so that modern land development
may proceed in an orderly fashion. KCFN responds to referrals on an on-going basis.
Maa-nulth First Nations and British Columbia have been negotiating a Reasonable Opportunity
Agreement to deal with the treaty requirement that British Columbia not deny the reasonable
opportunity for Maa-nulth First Nations to harvest wildlife, migratory birds, and fish in areas where
British Columbia has authority. Since that agreement is not yet in place, British Columbia sends
information (referrals) about developments which may affect the reasonable opportunity of Maa-nulth
First Nations to hunt and fish so that Maa-nulth First Nations may have input into decision-making
that could affect their right to harvest.
N AT U R A L R E S O U R C E S
During the reporting period, KCFN undertook the following activities related to the management and
harvest of natural resources.
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KCFN’s Wildlife Committee met twice and two KCFN citizens were appointed to the Maa-nulth
Wildlife Council. KCFN harvest documentation was issued to those citizens who satisfy the
treaty criteria to exercise the right to hunt and fish. The hunt included deer, bear, ducks, and
geese, and one elk was taken from an allocation of six.
KCFN developed and then amended its Wildlife Harvest Regulations which included a
“no shooting” area in and around the community of Houpsitas.
In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting,
KCFN fished and distributed the KCFN portion of Maa-nulth Domestic Allocations to at-home
and “living away from home” citizens, continued to access unallocated species for domestic use,
and trained one KCFN citizen as a Fisheries Guardian.
KCFN’s Treaty Settlement Land (TSL) Forestry Program conducted an inventory assessment in
preparation for a Forestry Plan. Access to an off-TSL commercial forestry tenure was initiated.
There are two active mineral claims and exploration on two sites on KCFN Land near Jansen
Lake. There was no active mineral extraction on KCFN Land.
S TA N D I N G C O M M I T T E E O N F I N A N C E
Comprised of the Legislative Chief, two Legislators, the CAO, one staff member, and a technical
advisor, the committee continually reviews monthly, quarterly, and yearly financial reports, and makes
recommendations to the Executive regarding these reports and the annual budget.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 28
QACCA SETTLEMENT TRUST
KCFN, together with Toquaht Nation and Uchucklesaht Tribe, formed Qacca Settlement Trust to take
advantage of lower administration costs. All Capital Transfer payments and Resource Revenue payments are deposited into the Trust. The purpose of the Trust is to hold, protect, and nurture these funds
for the benefit of these First Nations and their citizens. The treaty payments contributed to the Trust
become the responsibility of its Trustees and are managed by a professional investment manager.
KCFN is committed to using these funds wisely by borrowing from them, rather than expending them,
so that they remain a financial resource for all future KCFN citizens.
KCFN PROGRAMS & SERVICES
Education
KCFN maintained its education agreement with School District 84 (K-12) and Nuu-chah-nulth
Tribal Council (NTC).
Health & Social Services
Post-Treaty, the KCFN Health Program (under contract with the NTC) remains in place, as does
the KCFN Social Services Program.
Culture
Since the Effective Date, KCFN has place a renewed emphasis on the distinct culture and languages
of the Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations. KCFN offers twice-weekly Language Nights where
citizens are welcome to sit with elders to learn the Ka:’yu:’k’t’h’ and Che:k’tles7et’h’ languages.
Infrastructure
KCFN constructed nine housing units (4 duplexes and 1 single family home), new administration
offices, and a facility for the Aboriginal Headstart Program. A new high-speed Internet service
was installed.
For more information, visit: www.kyuquot.ca
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 29
TOQUAHT
NATION
The Toquaht people derive their name from a
Nuu-chah-nulth word meaning “people of the narrow
place in front,” or “people of the narrow channel.”
The Toquaht Nation has approximately 137 registered
citizens, 11 living on Toquaht Land, and 126 living away
from home. Located in Barkley Sound near the town
of Ucluelet, Toquaht Nation Treaty Settlement Lands
include 196 hectares of former reserves and 1,293
hectares of former Provincial Crown Lands.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 32
T O Q U A H T N AT I O N
During the reporting period, Toquaht Nation engaged in the following treaty implementation activities.
GOVERNANCE
Toquaht Nation held its first election for three Council members to add to the existing two Hereditary
Chiefs for a five-person Council. A Chairperson was chosen from among the five Council members
and appointed at the first Council meeting for a four-year term. The Toquaht Nation Council creates
laws, which are enforced by the Toquaht Nation Executive, as well as the Director of Operations and
Administration staff. The Toquaht Nation Executive is made up of Council members who hold Executive portfolios in the following areas: Chairperson; Finance; Community Services; Lands, Public Works
and Environmental Protection; and Resource Harvesting.
The Director of Operations and Administration staff, who also enforce laws created by Council, oversee day-to-day government operations and report to Toquaht Nation Executive and Council.
CONSTITUTION
On the Effective Date, Toquaht Nation’s Constitution took effect, setting out government structure,
land system, financial accountability, and dispute resolution. Four standing committees are listed in
the Constitution: Finance (which includes 4 members), Treaty Implementation (3 members), Economic
Development (8 members), and Citizenship and Enrolment (3 members). Committee members are
appointed by Council.
L E G I S L AT I O N
Effective Date Procedures Act
Government Act
Council Rules of Order & Procedures Act
Integrity Act
Government Personnel Act
Financial Administration Act
Administrative Decisions Review Act
Elections Act
Referendum Act
Citizenship Act
Freedom of Information & Protection
of Privacy Act
Land Act
Planning & Land use Management Act
Resources Harvesting Act
Environmental Protection Act
Enforcement Act
Interpretation Act
Real Property Tax Act
Budget Act 2011-2012
Budget Act 2012-2013
Five Year Financial Plan Act 2012-2017
LANDS, PUBLIC WORKS & RESOURCES
Toquaht Nation hired a Director of Lands, Public Works, and Resources to oversee Land Use Planning, deal with all referrals, and oversee citizenship, treaty enrolment, and federal Indian registration.
The director also sits on the Economic Development Committee.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 33
QACCA SETTLEMENT TRUST
Toquaht Nation (along with Uchucklesaht Tribe and KCFN) determined that it would be beneficial and
cost effective to participate together in a single settlement trust. The governments of the three nations
created the Trust as part of preparations for treaty implementation. The Trust agreement was finalized
and executed as of March 23, 2011. The purpose of the Trust is to receive and invest contributions of eligible treaty payments from the
three nations. Toquaht Nation contributed all Capital Transfer payments and Resource Revenue payments to the Trust for the reporting period. Amounts contributed to the Trust are to be held, protected,
and nurtured for the benefit of the Trust beneficiaries. The Toquaht Nation has determined that its trust
funds will not be accessed for the first five years.
ECONOMIC DEVELOPMENT
An Economic Development Committee was formed to include members of Council and other community members and staff. The committee assists Toquaht Nation with Economic Development decisions.
To allow for the separation of politics and business, Toquaht Holdings Ltd. was formed with an independent board of directors who helped develop an Economic Development Plan. Under the umbrella
of Toquaht Holdings Ltd., a number of operating companies and boards were formed. Ownership of
the Toquart Bay Provincial campground was transferred from British Columbia to Toquaht Nation who
then merged their existing Toquaht Bay Marina with the newly acquired campground to form Toquaht
Bay Marina and Campground on April 1, 2011. Development of a Master Plan was initiated to improve
and expand services.
FISHERIES
In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, Toquaht
Nation distributed new Maa-nulth harvester documentation. Since the Effective Date, Toquaht Nation
has seen a marked improvement in cooperation between the five Maa-nulth First Nations in the
management of Domestic Fisheries.
TOQUAHT PROGRAMS & SERVICES
After the Effective Date, government programs for education, health, and social services for
Toquaht citizens continued largely without change (excepting a slight increase in K-12 and postsecondary funding).
Health
Toquaht Nation’s Health Department promotes medical and public healthcare programs, organizes
community health promotion and disease prevention events, and provides a Health Column in the
quarterly newsletter.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 34
Education
Toquaht citizenship includes 48 primary and secondary students. Toquaht Nation encourages its
children to complete their education by providing a small monetary disbursement after each semester
report card.
Toquaht Nation has a high percentage of citizens who have completed or are currently enrolled in a
post-secondary program. Toquaht Nation purchases the services of the Nuu-chah-nulth Tribal Council
for education services. For the many Toquaht citizens currently enrolled in a post-secondary program,
Toquaht Nation was able to provide enhanced funding to these students during the reporting period.
Language
Toquaht Nation sponsored three citizens in a Nuu-chah-nulth Language Program offered jointly
through North Island College and University of Victoria. These students are creating written and
recorded materials to share with all interested Toquaht citizens. Toquaht Nation is a member of
the Central Region Nuu-chah-nulth Language Society, which encourages the revitalization of
First Nations heritage.
For more information, visit: www.toquaht.ca
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 35
UCHUCKLESAHT
TRIBE
The Uchucklesaht Tribe has approximately 257
registered citizens, with ten living on Uchucklesaht
Land and 247 living away from home. Uchucklesaht
Treaty Settlement Lands are situated in Barkley Sound,
southwest of Port Alberni, and include 233 hectares
of former reserves and 2,834 hectares of former
Provincial Crown Lands.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 36
UCHUCKLESAHT TRIBE
During the reporting period, the Uchucklesaht Tribe engaged in the following treaty implementation
activities.
GOVERNANCE
Comprised of elected members of the Uchucklesaht Tribe Legislature, the Uchucklesaht Council was
established to enact, amend, and repeal laws. The Executive, comprised of members of the Council,
may enact regulations, supervise government administration, and act as a conduit between Council
and administration. Executive portfolios include: Chief Councillor, Economic Development, Secretary/
Treasurer, Lands and Resources, and Human Services.
L E G I S L AT I O N
Effective Date Procedures Act
Government Act
Council Rules of Order & Procedures Act
Integrity Act
Government Personnel Act
Financial Administration Act
Administrative Decisions Review Act
Elections Act
Referendum Act
Citizenship Act
Freedom of Information & Protection
of Privacy Act
Land Act
Planning & Land Use Management Act
Resources Harvesting Act
Environmental Protection Act
Enforcement Act
Interpretation Act
Amendment Act
Real Property Tax Act
Annual Budget Act
Mail-In Ballot Amendment Act
PEOPLE’S ASSEMBLIES
The Uchucklesaht Tribe Constitution calls for a general assembly of Uchucklesaht citizens to be
convened at least twice annually to review Uchucklesaht Government operations, budget, audit, and
annual reports. The People’s Assembly was held three times during the reporting period and a fourth
one was planned for mid-2012.
LAND
A Director of Lands and Resources was hired to assist Uchucklesaht Tribe Government in the development of its Official Community Land Use Plan. Proper consultation will be made with citizens and
surrounding neighbours before the plan is officially adopted. The new director will begin work in the
next reporting period.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 37
FISHERIES
In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting,
Uchucklesaht Government undertook the following activities:
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distributed Uchucklesaht Tribe harvest documentation,
offered information sessions and overviews of the Harvesting Laws and Regulations, and
prepared Uchucklesaht Tribe Annual Fishing Plan and Bivalve Fishing Plan.
COMMERCIAL FISHERY
The new Henderson Sockeye Commercial Fishery offers an opportunity for Uchucklesaht citizens to
create revenue for themselves and the tribe. There were several challenges in this first commercial
fishery, and improvements are planned for the following season. The Uchucklesaht Tribe and DFO
worked together on licensing and reporting requirements. The Uchucklesaht Tribe has received its
portion of federal funds for the purchase of commercial fishing licences and is exploring opportunities.
FORESTRY
Uchucklesaht Tribe Government has a forestry manager who oversees its small-scale forestry
operation.
ECONOMIC DEVELOPMENT
Uchucklesaht Tribe began working on a five-year economic development plan, an economic
development structure, and an Economic Development Law. Economic activities and initiatives
include the following.
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Green Cove Land Development Project: developing lots for public lease, R/V sites,
a commercial development, resorts, and marina.
Henderson Lake Lodge: providing accommodation in a peaceful area of the lake and
opportunities for a commercial recreation tenure.
Handy Creek Project: exploring the possibility of producing electrical power in the
Green Cove area.
QACCA SETTLEMENT TRUST
The Uchucklesaht Tribe Government (along with KCFN and Toquaht Nation) formed Qacca
Settlement Trust to take advantage of lower administration costs. All Capital Transfer payments and
Resource Revenue payments are deposited into the Trust. The purpose of the Trust is to hold, protect,
and nurture these funds for the benefit of these First Nations and their citizens.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 40
UCHUCKLESAHT PROGRAMS & SERVICES
Education, Health & Social Services
The Uchucklesaht Tribe Government entered into a service agreement with Nuu-chah-nulth Tribal
Council to provide education, health, and social services. This agreement is renewed annually.
Culture
The Uchucklesaht Tribe Government created a Culture and Heritage Department. The Director of
Human Services is developing various activities and events for Uchucklesaht Tribe citizens to practice
their culture and use the Nuu-chah-nulth language. For more information, visit: www.uchucklesaht.ca
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 41
YUUŁU IŁ ATH.
Yuułu ił ath. includes over 600 citizens. Approximately
100 families live in Hitacu, north of Barkley Sound,
with the rest residing in Port Alberni, Nanaimo, Victoria,
and most communities in between. Yuułu ił ath.
Treaty Settlement Lands include 199 hectares of former
reserves and 5,147 hectares of former Provincial Crown
Lands, plus 92 hectares of fee-simple and surplus
federal government lots adjacent to, or formerly within
the Municipality of the District of Ucluelet.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 44
Y U U Ł U I Ł AT H.
As the Effective Date was approaching, the elders, citizens, and leadership of the “Ucluelet First
Nation” took another step toward reclaiming their identity by returning to the use of the traditional
name of their First Nation — “Yuułuʔiłʔath” (pronounced “You-thloo-ith-at”). As with many other
First Nations, the original name of their First Nation was replaced by the settler population with an
anglicized version of their name — “Ucluelet”. The use of the original name “Yuułuʔiłʔath” helps
to revitalize the Nuu-chah-nulth language, and actively promotes the oral language and language
writing system to its citizens. Since the Yuułuʔiłʔatḥ did not originally have a written language, the
International Phonetic Alphabet has been adopted to provide an opportunity for the Nuu-chah-nulth
(Nuučaan̓uł) language to be utilized in written form. This will assist in reviving the language, and future
generations will be able to learn the sounds and words of the Nuučaan̓uł language.
During the reporting period, Yuułuʔiłʔatḥ Government engaged in the following treaty implementation
activities.
GOVERNANCE
In Yuułuʔiłʔatḥ’s first independent elections, citizens voted in a president and six legislature
members. Yuułuʔiłʔatḥ Government consists of a Legislative branch, an Executive branch, and a
People’s Assembly (referred to as the Hit-tat-soo Assembly) which is open to all citizens. During the
reporting period, the Hit-tat-soo Assembly met four times. The Legislature consists of eight members,
including the President, and a representative of the Ha’wiih Advisory Council (Hereditary Chiefs). The
Executive branch is comprised of the President and four members of the Legislature. The Yuułuʔiłʔatḥ
Constitution states there will be an advisory body composed of the Yuułuʔiłʔatḥ Ha’wiih (Hereditary
Chiefs) to be known as the Ha’wiih Advisory Council. The Yuułuʔiłʔatḥ Legislature consults with and
seeks the advice of the Ha’wiih Advisory Council in relation to Yuułuʔiłʔatḥ culture and traditional
values, Yuułuʔiłʔatḥ customary laws, and matters relating to the Constitution in accordance with
the rules of procedure for the Yuułuʔiłʔatḥ Legislature.
L E G I S L AT I O N
Administrative Decisions Review Act
Annual Budget Act (2011-2012)
Annual Budget Act (2012-2013)
Capital Borrowing Act
Citizenship Act
Code of Conduct & Conflict of Interest Act
Economic Development Act
Effective Date Procedures Act
Elections Act
Enforcement Act
Environmental Protection Act
Financial Administration Act
Freedom of Information & Protection
of Privacy Act
Government Act
Government Personnel Act
Interpretation Act
Land Act
Legislature Rules of Order & Procedure Act
Planning & Land Use Management Act
Real Property Tax Act
Referendum Act
Resource Harvesting Act
Building & Development Authorization Act
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 45
LANDS, RESOURCES & ASSETS
•
•
•
Lands, Resources & Assets Department created, manager hired.
Lands Registry established: three residential interests were issued and registered.
Official Community Plan (OCP): two community meetings were held, a Community
Working Group was formed, and a draft OCP is expected in the next reporting period.
FISHERIES
The Yuułuʔiłʔatḥ Resources Harvesting Act was created to establish a comprehensive regime for the
management of natural resources in Yuułuʔiłʔatḥ territory, including the conservation, protection, and
recovery of species at risk or species of special concern. In addition to participating in joint Maa-nulth
First Nations fisheries activities and reporting, Yuułuʔiłʔatḥ Fisheries undertook the following activities:
•
•
•
•
weekly patrols of Yuułuʔiłʔatḥ Lands for monitoring and enforcement
Yuułuʔiłʔatḥ Fisheries, in conjunction with DFO, posted public notices to indicate
the Inter-Tidal Bi-Valve Harvest Area and beaches that are closed to bivalve harvesting
in the Yuułuʔiłʔatḥ Treaty Area
ongoing enhancement initiatives to increase Nahmint Chinook, and
harvest documentation was issued to 56 citizens who satisfy the treaty criteria
to exercise the right to fish.
F I N A N C E & TA X AT I O N
The Financial Administration Act, passed during the reporting period, provides a framework for the
use and management of Yuułuʔiłʔatḥ financial resources and promotes accountability in the use and
management of such resources. The Real Property Tax Act creates a property tax system through
which revenues are collected from owners and occupiers of Yuułuʔiłʔatḥ land to help fund programs
and services for Yuułuʔiłʔatḥ citizens. In addition, Yuułuʔiłʔatḥ Government established an investment
fund for the Time Limited Funding, the annual returns on which will be used to support additional costs
of government into the future.
Y U U Ł U I Ł AT H. S E T T L E M E N T T R U S T
Yuułuʔiłʔatḥ Government established the Yuułuʔiłʔatḥ Settlement Trust and deposited all Capital Transfers into the Trust, less the withdrawal of the annual treaty negotiation loan payment. Five trustees were
appointed to oversee the investment and any distributions. Audited financial statements are available.
S U S TA I N A B L E D E V E L O P M E N T
Yuułuʔiłʔatḥ Government believes that a healthy and prosperous future requires the nation and its
citizens to pursue development that is socially, economically, and environmentally sustainable, and
that economic development is best achieved independent of political influence. To that end, the
following economic initiatives were undertaken during the reporting period.
•
Wya Surf Shop and Café began offering surf rentals, lessons, and retail gear. This business is
owned by Ucluth Development Corporation (Yuułuʔiłʔatḥ Government’s development arm), which
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 46
•
•
also runs a food concession, fire pit, washrooms, and overflow campsites on the same property.
Construction of lodges at Ucluth Beach began (part of Ucluth Eco Resort). It is anticipated that
four luxurious beachfront lodges will be ready to rent during the next reporting period.
Fifteen well-appointed yurts were erected at Wya Point Resort & Campground as a year-round
retreat located on spectacular Wya Beach.
REGIONAL DISTRICT
Yuułuʔiłʔatḥ applied for membership in the Alberni-Clayoquot Regional District during the reporting
period and became a voting member on April 1, 2012. Yuułuʔiłʔatḥ now takes part in discussions and
decision-making at the regional level.
C O M M U N I C AT I O N S
During the reporting period, a communications coordinator was hired and a weekly news bulletin was
distributed in Hitacu and e-mailed to all citizens. Monthly publication of Umacuk, the Yuułuʔiłʔatḥ
community newspaper, also began. Umacuk is mailed to all citizens.
Y U U Ł U I Ł AT H. P R O G R A M S & S E R V I C E S
Health & Social Services
Yuułuʔiłʔatḥ Government offers local health care service delivery via the Nuu-chah-nulth Tribal
Council and is working with the First Nations Health Council towards the development of a Vancouver
Island First Nation Health Authority. The Community Services Department facilitates and delivers
ongoing services to citizens including: elder care, home-making, medical transportation, daycare,
mental health programs, community nursing, social assistance, and employment training.
A Community Services manager and Child and Youth Support worker were hired.
Education
Yuułuʔiłʔatḥ Government supported 13 citizens undertaking post-secondary studies towards degrees
or certificates in Science, Education, Business Administration, Addictions Counseling, and Aesthetics.
Language & Culture
•
•
•
Yuułuʔiłʔatḥ Elder’s Gathering: included 16 elders from as far away as Washington State.
Baby Welcoming Gathering: 11 babies were welcomed into the community of Hitacu.
Language Nest: preschoolers and elders interact on a weekly basis to introduce children
to the Yuułuʔiłʔatḥ language through storytelling and immersion.
Housing
Renovations began on six houses in the District of Ucluelet that were transferred to Yuułuʔiłʔatḥ First
Nation as part of the Treaty. The houses will be rented at fair market value to create revenue, which
will be invested in social housing for Yuułuʔiłʔatḥ citizens.
For more information, visit: www.ufn.ca
FINANCIALS
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 48
F I N A N C I A L M AT T E R S
C A P I TA L T R A N S F E R
In addition to the transfer of land, the Treaty provides for payment of Capital Transfers to each
Maa-nulth First Nation totaling $96.7 million. At the same time, the Maa-nulth First Nations are
required to repay loans totaling $19.2 million from Canada, taken to negotiate the Treaty. These
payments and loan repayments are made in ten installments, over a nine-year period, as set out
in schedules within the Treaty. On the Effective Date, Canada made payments totaling $14.6 million
in Capital Transfers to the Maa-nulth First Nations, while the Maa-nulth First Nations paid $2.19
million to Canada as loan repayments.
Payments by Canada & British Columbia to Maa-nulth First Nations
Recipient
Huu-ay-aht
Canada
Canada and BC
Capital Transfer
FFA
1
4,711,417
2
Resource Revenue
BC
FFA2
3
Total
6,178,629
395,806
1,836,845
13,122,697
KCFN
3,621,939
6,385,945
166,375
1,536,342
11,710,601
Toquaht
1,302,165
2,107,660
40,031
620,055
4,069,911
Uchucklesaht
1,349,237
2,759,706
55,694
780,158
4,944,795
Yuułuʔiłʔatḥ
Totals
3,627,854
6,861,659
211,628
1,814,677
12,515,818
14,612,612
17,431,940
869,534
6,588,077
46,363,822
1 Total of Capital Transfers will be about $96.7 million paid in 10 unequal installments over 9 years.
2 Block Funding plus Time Limited Funding. The Total of Time Limited Funding paid by Canada will be
about $47.8 million in unequal installments over 7 years.
3 Canada and British Columbia each pay half of the forestry Resource Revenue amounts.
Payments by Maa-nulth First Nations to Canada Nation
Loan Repayments*
Huu-ay-aht
546,224
KCFN
446,371
Toquaht
316,450
Uchucklesaht
374,650
Yuułuʔiłʔatḥ
510,175
Total
$2,193,870
*The total of all negotiation Loan Repayments (10 installments over 9 years) will be approximately $19.2 million.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 49
PAY M E N T O F R E S O U R C E R E V E N U E S
The Treaty provides for sharing of government revenues from forest resources on Maa-nulth First
Nations traditional lands. During the reporting period, then annually for 24 years, British Columbia and
Canada will make resource revenue sharing payments to each Maa-nulth First Nation. The payments
are calculated as a percentage of stumpage invoiced by British Columbia from logging in the relevant
Forest Districts for the previous fiscal year. Each Maa-nulth First Nation receives a payment in proportion to that nation’s forested lands, according to formulae set out in the Treaty. During the reporting
period, Canada and British Columbia jointly paid resource revenues to the Maa-nulth First Nations
totaling $869,534.
F I S C A L R E L AT I O N S
The Treaty requires the Parties to negotiate agreements that describe their financial relationships. On
the Effective Date, each Maa-nulth First Nation entered into a Fiscal Financing Agreement (FFA) with
Canada and British Columbia. Each FFA has a term of eight years and describes the amount, nature,
and duration of federal and provincial transfers to each Maa-nulth First Nation, and the responsibilities
of each Party. Each FFA includes funding for a number of activities including programs and services,
governance and treaty implementation. A portion of the funding in each FFA is provided to establish an
income generating fund to support treaty implementation activities.
Following Effective Date, Canada closed the Trust accounts held by Canada on behalf of each
Maa-nulth First Nation as an Indian Act band, transferring the balance in the accounts to the
Maa-nulth First Nations.
FUNDS FOR GOVERNMENT PROGRAMS
In addition, Canada pays a total of $11 million annually for five Maa-nulth First Nations “block funds.”
Each Maa-nulth First Nations government uses its Block Funding to deliver its own government supported programs and services, including education, social development, health, physical works, local
government, non-commercial fisheries, and treaty implementation. All federal transfer payments were
completed within the timelines set out in the FFAs. The FFAs require the Maa-nulth First Nations to
provide their consolidated audited financial statements to Canada and British Columbia.
OWN SOURCE REVENUE AGREEMENT
On the Effective Date, each Maa-nulth First Nation entered a 20-year Own Source Revenue
Agreement (OSRA) with Canada and British Columbia. The OSRA calculates the contribution that
each Maa-nulth First Nation will make from its own source revenue towards the cost of agreed-upon
programs and services in the FFA. As part of the transition to self-government, Canada and British
Columbia agreed that the Maa-nulth First Nations contributions for the first five years will be zero,
after which contribution rates increase gradually over the next 15 years. The intent of the OSRAs are
to decrease reliance on financial transfers from Canada and British Columbia as the Maa-nulth First
Nations become more self-sufficient over time.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 50
Huu-ay-aht First Nations / Summary of Financial Position as of March 31, 2012
FI NA NC IA L AS S E T S 2012
2011
Cash
$ 727,282
$
37,709
Accounts Receivable 2,131,869
288,014
Invested Wealth Fund 3,407,165
–
Other Assets
293,188 2,209,887
Total Financial Assets 6,559,504 2,535,610
LI A B I LI TI E S
Bank indebtedness 507,242 7,108,832
Accounts payable 1,415,648 1,103,506
Loans payable 3,968,499 6,661,435
Other liabilities
163,888
437,011
Total Liabilities 6,055,27715,310,784
Net financial assets 504,227
(12,775,174)
NON- FI N A N CI A L AS S E T S
Tangible capital assets 11,875,977 11,902,911
Land for Micro Hydro Project 2,247,671 2,431,176
Investment in Huu-ay-aht Development 1,312,142
–
Logging tenure costs 3,290,000
–
Other non-financial assets
651,394
723,296
Total non-financial assets19,377,18415,057,383
Accumulated surplus 19,881,411 2,282,209
R E V E NUE Treaty settlement funds 10,668,404
86,765
Aboriginal Affairs funding 3,005,347 2,538,622
Fisheries and Oceans funding 1,286,897
–
Other revenues 8,785,450 2,426,438
Total Revenue23,746,098 5,051,825
E X P E NSES
Human Services 1,031,431 1,420,951
Public works and Infrastructure
378,751
567,909
Land and Natural Resources
608,403 1,601,624
Finance and government services 2,412,430 2,936,382
Transfer to Settlement Trust 1,000,000
–
Amortization
715,882
647,764
Total Expenses 6,146,897 7,174,630
Annual surplus17,599,201 (2,122,805)
*All amounts are calculated based on March 31, 2012 unconsolidated audited financial statements.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 51
Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations /
Summary of Financial Position as of March 31, 2012
FI N A N C I A L AS S E T S 2012
2011
Cash
$ 480,129
$
–
Term deposit
5,888
5,888
Funds on deposit in Ottawa Trusts
– 168,879
Short term investments 2,941,069
–
Accounts receivable 2,168,242 1,348,387
Receivable from Fair Harbour Holdings 555,629 427,288
Receivable from VMK Enterprises Ltd. 250,377 250,377
Investments in Fair Harbour Holdings Ltd. and 0855436 B.C. Ltd
4
4
Total Financial Assets 6,401,338
2,200,823
FI N A N C I A L L I A BI L I T I E S Cheques issued in excess of funds on deposit
– 132,915
Accounts payable and accrued liabilities 268,380 1,197,467
Deferred revenue 1,929,952 267,786
Long term debt
5,693,005
5,674,322
Total Financial Liabilities 7,891,337
7,272,490
Net Debt (1,489,999)
(5,071,667)
NO N - F I N A N C I A L AS S E T S Deferred expenses 618,289 602,096
Roe-On-Kelp licences 101,000 101,000
Woodlot Licence
25,000
25,000
Tangible capital assets 5,552,357 5,113,939
Total non-financial assets 6,296,646
5,842,035
Accumulated Surpluses
4,806,647
770,368
Summarized Statement Of Revenue And Expenditures
R E V E N U E Fiscal Financing Agreement funding12,036,472
–
Other revenues 2,247,180 4,758,178
Interest 130,754
16,395
Total Revenue
14,414,406
4,774,573
E X P E N S E S Operating fund 9,298,216 4,421,662
Treaty fund
– 624,759
General capital fund 782,946 446,954
Social housing fund 296,965 262,002
Total Expenses
10,378,127
5,755,377
Annual Surplus 4,036,279 (980,804)
Accumulated surplus at beginning of year
As previously stated 5,272,961 2,102,613
Prior period adjustments (4,502,593) (351,441)
As restated 770,368 1,751,172
Accumulated Surplus at end of year
4,806,647
770,368
*All amounts are in the March 31, 2012 audited financial statements or have been calculated from those statements. These statements are available to all Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations by appointment.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 52
Toquaht Nation / Summary of Financial Position as of March 31, 2012
FI NA NC IA L AS S E T S 2012
2011
Cash
$1,558,301 $ 713,317
Restricted Cash
–
98,703
Accounts receivable 313,386 208,963
HST/GST recoverable
27,418 17,357
Advances to Related Parties 208,948 228,948
Long-term investments 3,067,140 767,884
Total Financial Assets 5,175,193 2,035,172
LI A B I LI TI E S
Accounts payable 273,571 168,696
HST/GST payable
– 43,360
Deferred revenue
49,991 –
Wages and benefits payable
34,935 35,961
Funds Held in Trust 218,629 136,783
Long-term debt 1,343,592 1,485,312
Total Liabilities 1,920,718 1,870,112
Net financial assets 3,254,475 165,060
NON- FI N A N CI A L AS S E T S
Capital assets
Prepaid expenses
Deposits
Total non-financial assets
Accumulated Surplus
Fund Balances
Equity in Trust Fund
Equity in Unrestricted
Accumulated Surplus
1,239,299 1,324,701
1,053 1,974
– 5,000
1,240,352 1,331,675
4,494,827 1,496,735
2,245,583 98,703
2,249,244 1,398,032
4,494,827 1,496,735
Consolidated Statement of Operations and Accumulated Surplus
R E V E NU E Aboriginal Affairs and Northern Development Canada 3,939,156 1,164,549
Province of B.C. 674,071 58,144
Other Income 419,309 502,372
Total Revenue 5,032,536 1,725,065
E X P E NDI T U R E S
Operating Fund 2,021,584 2,066,533
Trust Fund
3,026 –
Enterprise Fund
9,834 10,241
Treaty Fund
– 299,508
Total Expenditures 2,034,444 2,376,282
Excess (deficiency) of revenue over expenditures 2,998,092 (651,217)
Surplus at beginning of year 1,496,735 2,147,952
Surplus at end of year 4,494,827 1,496,735
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 53
Uchucklesaht Tribe / Summary of Financial Position as of March 31, 2012
Consolidated Statement of Financial Position
FI N A N C I A L AS S E T S 2012
2011
Cash and current assets $ 1,887,101 $ 778,153
Investments in other entities (57,366) (83,615)
Portfolio investments 2,646,222 –
Total Financial Assets 4,475,957 694,538
LI ABI L I T I E S
Accounts payable and deferred revenue 665,800 295,143
Demand loan – 374,650
Reserves 89,898 83,427
Long-term debt 1,674,068 1,804,693
Total Liabilities 2,429,766 2,557,913
Net Financial Assets (Debt) 2,046,191 (1,863,375)
NO N - F I N A N CI A L AS S E T S
Prepaid expenses and other 77,639 54,759
Tangible capital assets 1,597,444 1,683,306
Total non-financial assets 1,675,083 1,738,065
Accumulated surplus (deficit) 3,721,274 (125,310)
Consolidated Statement of Operations
REVENUE
Fiscal Financing Agreement and treaty-related funding 5,454,844
965,290
Other revenues 815,233 1,016,484
Total revenue 6,270,077 1,981,774
EXPENSES
Operating Fund 2,221,726 1,786,930
Social Housing Fund 44,224 41,323
Business Fund – 500
Treaty Fund 157,543 146,288
Impairment loss on investments – 21,565
Total expenses 2,423,493 2,206,362
Annual surplus (deficit) for the year 3,846,584 Accumulated surplus (deficit), beginning of year (125,310) Accumulated surplus (deficit), end of year 3,721,274 (224,588)
99,278
(125,310)
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 54
Yuułu ił ath. / Summary of Financial Position as of March 31, 2012
FI NA NC IA L AS S E T S 2012
2011
Cash and current assets
$ 3,773,452 $ 658,771
Other long-term receivables 270,283 457,227
Restricted cash 897,856 1,467,360
Long-Term Investments 9,365,248 1,975,442
Total Financial Assets 14,306,839 4,558,800
LI A B I LI TI E S
Bank indebtedness and current liabilities 1,799,270 285,401
Reserves 192,355 160,207
Funds held in trust
– 54,718
Long-term debt 6,454,078 6,945,265
Total Liabilities 8,445,703 7,445,591
Net financial assets 5,861,136 (2,886,791)
NON- FI N A N C I A L AS S E T S
Capital assets 11,008,489 9,845,646
Prepaid expenses
41,065 70,904
Total non-financial assets 11,049,554 9,916,550
Accumulated surplus 16,910,690 7,029,759
Consolidated Statement of Operations and Accumulated Surplus
R E V E NU E
Fiscal Financing Agreement and Treaty-related funding 12,515,819 –
Other revenues 1,107,024 4,145,454
Total revenue 13,622,843 4,145,454
E XP E NDI T U R E S
Total Expenditures 6,423,246 4,436,438
Excess (deficiency) of revenue over expenditures 7,199,597 (290,984)
Accumulated surplus, beginning of year (as restated) 7,151,306 7,469,133
Accumulated surplus, end of year 14,350,903 7,178,149
Contributed equity/prior period adjustments 2,559,787 (148,390)
Accumulated surplus (reconciled) 16,910,690 7,029,759
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 55
Port Alice
Boundary of Ka:'yu:'k't'h'/Che:k'tles7et'h'
First Nations Area
Ka:'yu:'k't'h'/Che:k'tles7et'h'
First Nations Lands
Kyuquot
Houpsitas
Zeballos
KYUQUOT
SOUND
B.C.
Maa-nulth First Nations Areas*
Huu-ay-aht First Nations Lands
Macoah
Ucluelet
Kildonan
Toquaht Nation Lands
Uchucklesaht Tribe Lands
Hittatsoo
Yuułuʔiłʔatḥ (Ucluelet First Nations)
Lands
Bamfield
Anacla
BARKLEY
SOUND
* Maa-nulth First Nations Areas represents the outer
boundary of the four separate but overlapping Treaty
Areas of each First Nation around Barkley Sound
These maps are representations (not to scale) for general information only.
Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 56
Information contained in this publication or product may be reproduced, in part or in whole, and by any
means, for personal or public non-commercial purposes, without charge or further permission, unless
otherwise specified. You are asked to:
•
•
•
exercise due diligence in ensuring the accuracy of the materials reproduced;
indicate both the complete title of the materials reproduced, as well as the author
organizations; and
indicate that the reproduction is a copy of an official work that is jointly published by the
governments of Canada, British Columbia, Huu-ay-aht First Nations, Ka:’yu:’k’t’h’/Che:k’tles7et’h’
First Nations, Toquaht Nation, Uchucklesaht Tribe, and Yuułuʔiłʔatḥ, and that the reproduction
has not been produced in affiliation with, or with the endorsement of, these governments.
Commercial reproduction and distribution is prohibited except with written permission from all of the
following parties:
•
•
•
•
•
•
•
the Government of Canada’s copyright administrator, Public Works and Government Services
of Canada (PWGSC): 613-996-6886 or [email protected]
the Government of British Columbia, www.cio.gov.bc.ca/cio/intellectualproperty/index.page
Huu-ay-aht First Nations, www.huuayaht.org
Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations, www.kyuquot.ca
Toquaht Nation, www.toquaht.ca
Uchucklesaht Tribe, www.uchucklesaht.ca
Yuułuʔiłʔatḥ, visit: www.ufn.ca.
QS-6325-000-EE-A1 / Catalogue: R31-21/2012E-PDF / ISSN: 2291-9767
© Minister of the Aboriginal Affairs and Northern Development Canada, British Columbia Ministry of
Aboriginal Relations and Reconciliation, and the Maa-nulth First Nations, (2012). / Cette publication
est aussi disponible en français sous le titre: Accord définitif des premières nations maa-nulthes —
Rapport sur la mise en œuvre, 2011-2012.
Published under the authority of:
the Maa-nulth First Nations
Port Alberni, British Columbia
www.maanulth.ca
250-724-1802
Huu-ay-aht
First Nations
the Province of British Columbia
Victoria, British Columbia
www.gov.bc.ca/arr
Ka:’yu:’k’t’h’/ Che:k’tles7et’h’
First Nations
Toquaht
Nation
the Government of Canada
Ottawa, Ontario
www.ainc-inac.gc.ca
1-800-567-9604
TTY only 1-866-553-0554
Uchucklesaht Yuułuʔiłʔatḥ
Tribe
MAA-NULTH