Overview of Treaty Negotiations in B.C.

The BCTC:

• coordinates the start of negotiations;
• assesses the readiness of the Parties (Canada, B.C. and First Nations) to negotiate;
• monitors the progress of negotiations;
• allocates funds that have been provided to enable First Nations to participate in negotiations; and,
• prepares and maintains a public record of the status of negotiations.

The six stages of the BCTC process are as follows:

Stage 1 Filing a statement of intent to negotiate a treaty.
Stage 2 Preparing for negotiations.
Stage 3 Negotiating a Framework Agreement.
Stage 4 Negotiating an Agreement-in-principle.
Stage 5 Negotiating a final treaty.
Stage 6 Implementing the treaty.

Provincial Level

On June 29, 1993, Canada and B.C. established the Treaty Negotiation Advisory Committee (TNAC). (See enclosed list of member groups.) TNAC is a province-wide consultation process which allows third-party interests in B.C. to advise the two governments on treaty negotiations with First Nations.

The objectives of the 31-member committee are:

• to ensure that the interests and expertise of major industries, business, labour, environmental and outdoor recreation groups are understood and taken into account in the negotiation of modern-day treaties and other Aboriginal issues affecting third parties; and,
• to contribute to treaty agreements that are workable, lasting and have the support of British Columbians.

Within TNAC are five sectoral advisory committees: fisheries; lands and forests; wildlife; governance; and energy, mines and petroleum.

Regional/Local Level

In areas where treaty negotiations are under way, federal and provincial negotiators consult with third-party interests who will be directly affected by negotiations through regional advisory committees (RACs).

RACs meet regularly with negotiators to provide input and advice regarding negotiations in their area.

Members of the local communities play a lead role in determining who will make up advisory committees in areas where negotiations are starting or are under way.The purpose of regional/local consultation is for negotiators to give local industries, governments and other third-party interests information on specific treaty negotiations and to receive advice on aspects of treaty negotiations that directly affect their interests.

Consultation and the Nisga'a Negotiations

Federal and provincial negotiators have held some 250 consultation and public information sessions in northwestern B.C. since 1991. Several regional third-party advisory committees were established. Nearly 30 meetings were held with the forestry committee, and another 25 meetings with the fisheries committee. Meetings were also held with the Nass Valley Residents Association.

A larger committee representing the full range of community, economic and local government interests also participated and advised governments leading up to the Agreement-in-Principle.

The Treaty Negotiation Advisory Committee (TNAC) was also briefed and consulted on the Nisga'a negotiations. The fisheries sectoral committee of TNAC was briefed on six occasions. Negotiators also attended five main-table TNAC meetings.

About 30 public information events, including open houses, trade shows and presentations to school boards and chambers of commerce, were held throughout the region. These events provided negotiators with opportunities to make presentations and discuss issues with residents and interested members of the public.

Final Agreement consultations began in the Summer of 1996 on issues outstanding from or requiring greater detail than the AIP. Forestry, wildlife and fisheries interests received considerable focus, and the larger regional committee (called the Kitimat Skeena Regional Advisory Committee, or KS RAC) was regularly briefed on the status of negotiations.

The KS RAC, Nass Valley Residents Association and TNAC provided input to negotiators. More than 50 consultation meetings occurred during Final Agreement negotiations.

In addition, the Provincial Legislature's Select Standing Committee on Aboriginal Affairs held hearings in dozens of B.C. communities on the Nisga'a Agreement-in-Principle.

Member organizations