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: • • • • • 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. Maa-nulth First Nations Final Agreement Implementation Report / 2011-2012 / 12 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: • • • 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: • • • • • • • 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 • 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 • • • • • • 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 • • • • • • • • • • • • • • 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 • • 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. • • • • • 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: • • • 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. • • • 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