See "Amendments" for additional documents pertaining to this Agreement.

Maa-nulth First Nations Final Agreement Act

November 29, 2007

1325524918/07043/tlc07043_f

E3tlc07043

Preamble

WHEREAS the recognition and reconciliation of the prior presence of Aboriginal

peoples and the assertion of sovereignty by the Crown is of significant social and economic

importance to all British Columbians;

AND

WHEREAS Canadian courts have stated that this reconciliation is best achieved

through negotiation and agreement, rather than through litigation;

AND

WHEREAS, in order to achieve this reconciliation, representatives of the

Maa-nulth First Nations, Canada and British Columbia have negotiated the Maa-nulth First

Nations Final Agreement in a process facilitated by the British Columbia Treaty

Commission;

AND

WHEREAS British Columbia is building a New Relationship with First Nations and

working to close the social and economic gaps that exist between Aboriginal and

non-Aboriginal people;

AND

WHEREAS the Maa-nulth First Nations Final Agreement embodies the principles of

this New Relationship, including mutual respect, recognition and reconciliation of

Aboriginal rights and title;

AND

WHEREAS the Maa-nulth First Nations Final Agreement requires that British

Columbia enact legislation to give effect to the Maa-nulth First Nations Final

Agreement;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative

Assembly of the Province of British Columbia, enacts as follows:

Definitions

In this Act, Maa‑nulth First Nations Final Agreement means the

Maa‑nulth First Nations Final Agreement among the Maa‑nulth First Nations, Her Majesty the

Queen in right of Canada and Her Majesty the Queen in right of British Columbia set out in

the Schedule, and includes

that agreement as it is given effect by

an Act of Canada, and

amendments to that agreement made in accordance with it.

Words and expressions used in this Act have the same meanings as they have in the

Maa‑nulth First Nations Final Agreement, unless the context requires otherwise.

Treaty and land claims agreement

The Maa‑nulth First Nations Final Agreement is a treaty and a land claims agreement

within the meaning of sections 25 and 35 of the Constitution Act,

1982 .

Maa‑nulth First Nations Final Agreement

The Maa-nulth First Nations Final Agreement is approved, given effect and declared

valid and has the force of law.

Without limiting subsection (1), a person or body

has the powers, rights, privileges and benefits conferred, and

must perform the duties and is subject to the liabilities imposed

on the person or body by the Maa-nulth First Nations Final Agreement.

Nothing in this Act that provides for a matter that is already provided for in the

Maa-nulth First Nations Final Agreement in any way limits this section.

Authorization to sign Maa‑nulth First Nations Final

Agreement

The Lieutenant Governor in Council may authorize a member of the Executive Council

to sign the Maa‑nulth First Nations Final Agreement.

Maa‑nulth First Nations Final Agreement binding and can be relied

The Maa‑nulth First Nations Final Agreement is binding on, and can be relied on by,

all persons.

Relationship between final agreement and legislation

As set out in

section 1.8.1 of

Chapter 1 [General Provisions]

of the Maa‑nulth First Nations Final Agreement, the Maa‑nulth First Nations Final

Agreement prevails to the extent of an inconsistency or a Conflict with Provincial

Law.

As set out in

section 1.8.2 of

Chapter 1 [General Provisions]

of the Maa‑nulth First Nations Final Agreement, Provincial Settlement Legislation prevails

over other Provincial Law to the extent of a Conflict.

Maa‑nulth First Nations' ownership of lands

In this section, estate in fee simple means the estate in fee

simple within the meaning of the Maa‑nulth First Nations Final Agreement.

On the Effective Date,

each Maa‑nulth First Nation owns the estate in fee simple in the Maa‑nulth First

Nation Lands as identified for the Maa‑nulth First Nation in

section 2.1.1 of

Chapter 2

[Lands] , and

the Ucluelet First Nation owns the estate in fee simple in the Other Maa‑nulth

First Nation Lands as identified in

section 2.2.1 of that chapter.

Judicial or administrative proceedings

As provided in

section 25.13.1 of

Chapter 25 [Dispute

Resolution] of the Maa‑nulth First Nations Final Agreement, if, in any

judicial or administrative proceeding, an issue arises in respect of

the

interpretation or validity of the Maa‑nulth First Nations Final Agreement,

the validity or applicability of Settlement Legislation or a Maa‑nulth First

Nation Law,

the issue must not be decided until the party raising the issue has properly

served notice on the Attorney General of British Columbia, the Attorney General of Canada

and the applicable Maa‑nulth First Nation.

The notice required under subsection (1) must

describe the judicial or administrative proceeding in which the issue

arises,

state whether the issue arises in respect of the matters referred to in

subsection (1)

(

a) or (

b) or both,

state the day on which the issue is to be argued,

give particulars necessary to show the point to be argued, and

be served at least 14 days before the day of argument unless the court or

tribunal authorizes a shorter notice.

As provided in

section 25.13.2 of

Chapter 25 [Dispute

Resolution] of the Maa‑nulth First Nations Final Agreement, in a judicial or

administrative proceeding to which subsection (1) applies, the Attorney General of British

Columbia, the Attorney General of Canada and the applicable Maa‑nulth First Nation may

appear and participate in the proceeding as parties with the same rights as any other

party to the proceeding.

Maa‑nulth First Nations participation in regional hospital

district

Until a Maa‑nulth First Nation is a member of a regional district, the residents

of the Maa‑nulth First Nation Lands of the Maa‑nulth First Nation, and individuals who

would be non-resident property electors, as defined in the Local Government Act , if those lands were in an electoral area, may participate in

a regional hospital district, subject to the letters patent of the regional hospital

district, as if those treaty lands were in the electoral area in which those residents and

individuals are eligible to vote under

section 262 of the Local Government Act .

A Maa‑nulth First Nation that is a member of a regional district in relation to

all or a portion of its Maa‑nulth First Nation Lands must participate in a regional

hospital district as a member in respect of those Maa‑nulth First Nation Lands that, in

whole or in part, are within both the regional district and the regional hospital

district.

Authorization to enter into agreements

The Lieutenant Governor in Council may authorize a member of the Executive Council

to enter into, on behalf of Her Majesty the Queen in right of British Columbia, an agreement

that is contemplated by the Maa‑nulth First Nations Final Agreement.

Tax treatment agreement

In this section, tax treatment agreement means the tax

treatment agreement referred to in sections 19.6.1 and 19.6.2 of

Chapter 19

[Taxation] of the Maa-nulth First Nations Final Agreement, which

agreement

is substantially in the form approved by the Lieutenant Governor in Council,

and

has been signed by the parties and published by the minister in the

Gazette,

and includes an amendment to the tax treatment agreement made in accordance with

the terms of the tax treatment agreement if the amending agreement setting out the

amendment satisfies both paragraphs (

a) and (

b) of this subsection.

The tax treatment agreement is given effect and declared valid and its provisions

have the force of law during the period they are in effect.

The minister charged with the administration of the Financial Administration

Act is authorized to enter into the agreement referred to in

sections 19.6.1 and 19.6.2 of

Chapter 19 of the Maa-nulth First Nations Final Agreement,

or an agreement amending the tax treatment agreement, and may sign the agreement or

amending agreement before or after it has been approved by the Lieutenant Governor in

Council.

As provided in

section 1.15.2 of

Chapter 1 [General Provisions]

of the Maa-nulth First Nations Final Agreement, the tax treatment agreement does not form

part of the Maa-nulth First Nations Final Agreement and is not a treaty or land claims

agreement within the meaning of

section 25 or 35 of the Constitution Act,

1982 .

Harvest Agreement

In this section, Harvest Agreement means the Maa‑nulth Harvest

Agreement referred to in

section 10.2.1 of

Chapter 10 [Fisheries] of

the Maa‑nulth First Nations Final Agreement, substantially in the form published under

subsection

(4), and includes amendments to the Harvest Agreement from the time an

amending agreement referred to in subsection (2), setting out the amendments, is published

under subsection

(4).

The minister charged with the administration of the Fisheries

Act has the authority to enter into the Harvest Agreement, and an

agreement amending the harvest agreement in accordance with the terms of the Harvest

Agreement, on behalf of Her Majesty the Queen in right of British Columbia.

As provided in

section 1.15.2 of

Chapter 1 [General Provisions]

of the Maa‑nulth First Nations Final Agreement, the Harvest Agreement does not form part

of the Maa‑nulth First Nations Final Agreement and is not a treaty or land claims

agreement within the meaning of

section 25 or 35 of the Constitution Act,

1982 .

The minister charged with the administration of this Act must publish the Harvest

Agreement and an amending agreement referred to in subsection (2), in the

Gazette.

Harvest documents

The minister charged with the administration of the Wildlife

Act has the authority to issue and amend licences, permits or other

documents in respect of the Maa‑nulth First Nation Fishing Right for the purposes of and in

accordance with sections 10.4.30 to 10.4.38 of

Chapter 10 [Fisheries] of

the Maa‑nulth First Nations Final Agreement.

Forest Act tenures

13.1

All rights to harvest timber, and all rights associated with a right to harvest

timber, in Maa-nulth First Nation Lands under an agreement referred to in

section 12 of

the Forest Act are extinguished.

If an agreement referred to in subsection (1) applies only to Maa-nulth First Nation

Lands, the agreement is cancelled.

If an agreement referred to in subsection (1) applies both to Maa-nulth First Nation

Lands and to other lands, the agreement is cancelled insofar as it applies to Maa-nulth

First Nation Lands.

Foreshore agreements

13.2

In this section:

applicable Maa-nulth First Nation , in respect of a foreshore agreement,

means the Maa-nulth First Nation that is a party to the foreshore agreement;

applicable regional district means the Alberni – Clayoquot Regional

District or the Strathcona Regional District, as applicable, in which an identified area

is located;

foreshore agreement means an agreement with a Maa-nulth First Nation

required under

section 14.5.1 [foreshore agreements] of the Maa-nulth

First Nations Final Agreement and includes an amendment to the agreement published under

subsection

(4);

identified area means the area identified, in a foreshore agreement,

for the purposes of

section 14.5.2 a. of the Maa-nulth First Nations Final

Agreement.

Within an identified area, the applicable Maa-nulth First Nation may

exercise law-making authority delegated to it under the foreshore agreement,

and

enforce laws enacted under the delegation.

The law-making authority in respect of a matter that is delegated under a

foreshore agreement is limited to authority comparable to the authority of a municipality

in respect of the same matter.

3.1

If a person is convicted of an offence against a Maa-nulth First Nation Law enacted under law-making authority delegated to a Maa-nulth First Nation in a foreshore agreement, in addition to any penalty provided for in the Maa-nulth First Nation Law, on application by the applicable Maa-nulth First Nation, the court may make an order

prohibiting the person from doing any act or engaging in any activity that may, in the court's opinion, result in the continuation or repetition of the offence, and

directing the person to take any action the court considers appropriate to remedy the harm that resulted from the commission of the offence.

3.2

An order under subsection (3.1) must specify the duration of the order, which may not exceed one year.

3.3

A person who fails to comply with an order under subsection (3.1) commits an offence and is liable on conviction to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or to both.

3.4

For the purposes of

section 13.33.7 of

Chapter 13 [Governance] of the Maa-nulth First Nations Final Agreement, a fine imposed in a prosecution of an offence under subsection (3.3) is deemed to be a fine imposed for a violation of a Maa-nulth First Nation Law of the applicable Maa-nulth First Nation.

3.5

If a person is convicted of an offence against a law referred to in subsection (3.1) of this section, on application by the applicable Maa-nulth First Nation for compensation, the court must give consideration to the application and, in addition to any penalty imposed, may order the convicted person

to pay to the applicable Maa-nulth First Nation compensation, in an amount that is not more than the monetary limit specified under the Small Claims Act , for any damage or loss sustained by that Maa-nulth First Nation because of the commission of the offence, and

in accordance with the

schedule of costs prescribed under

section 132 (2) (

h) of the Offence Act , if any, to pay to the applicable Maa-nulth First Nation the costs incurred by that Maa-nulth First Nation in investigating and prosecuting the person.

3.6

In the case of a dispute, the amount of compensation payable under subsection (3.5) (

a) must be proven on a balance of probabilities by the applicable Maa-nulth First Nation.

3.7

An order under subsection (3.5) may be enforced as a judgment of the court for the recovery of a debt in the amount stated against the person named.

The minister must publish foreshore agreements, and any amendments to foreshore

agreements, in the Gazette.

On and after the date the first amendment to the foreshore agreement that applies

to an identified area comes into effect, for the term of the foreshore

agreement,

the applicable regional district may not exercise any of its powers or perform

any of its duties in the identified area, except

powers and duties in relation to the services described in

section 338 (2) (

a) and (

b) of the Local Government Act , including,

without limitation, powers and duties in respect of elections and other voting,

financial planning and borrowing, tax rates and exemptions, and

requisitions,

corporate powers under sections 229 and 263 of the Local Government Act , and

iii

powers and duties in respect of a service under the Hospital District

Act , and

the bylaws of the applicable regional district in relation to any matter, except

the matters described in paragraph (a) (

i) to (iii), do not apply in that identified

area.

Subsection (4) of

section 795.5 of the Local Government Act , R.S.B.C. 1996, c. 323, to the extent it applied in respect of a bylaw of an

applicable regional district immediately before the repeal of that

section by the

Tla'amin Final Agreement Act , continues to apply, to the

bylaw, as the subsection read immediately before that repeal.

If, on the date the first amendment to a foreshore agreement comes into effect,

the applicable Maa-nulth First Nation has not enacted a law under a law-making authority

delegated by that amendment, a bylaw, if any, of the applicable regional district in

respect of the delegated matter, that applied in the applicable identified area

immediately before that date

is deemed to have been enacted by the applicable Maa-nulth First Nation under

the foreshore agreement,

until amended by the applicable Maa-nulth First Nation to provide differently,

may be enforced by the applicable Maa-nulth First Nation in the same manner and to the

same extent as the bylaw was enforceable by the regional district, and

may be amended or repealed by the applicable Maa-nulth First Nation as if it has

been enacted by the applicable Maa-nulth First Nation.

Subsections

(6) and (7) cease to have effect in respect of a delegated

law-making authority,

in the case of subsection (6), 6 months after the date the repeal of

section 795.5 of the Local Government Act , R.S.B.C. 1996, c. 323, by the Tla'amin Final Agreement Act comes into force,

and

in the case of subsection (7), 6 months after the amendment to the

foreshore agreement under which the delegation is made comes into effect,

unless, before the end of the applicable 6-month period, the applicable Maa-nulth

First Nation has amended an applicable bylaw, in which case, the bylaw is deemed to be a

law of that Maa-nulth First Nation enacted under the delegated authority.

Collection of personal information

In this section, personal information and public

body have the same meanings as in the Freedom of Information

and Protection of Privacy Act .

A public body may collect personal information by a method authorized under the

Maa‑nulth First Nations Final Agreement.

Application of Municipal Finance Authority

Act

The Municipal Finance Authority Act does not apply in relation

to Maa‑nulth First Nation Lands.

Retroactive effect of Chapters 26 and 28

For the purposes of determining the eligibility of individuals for enrolment under

the Maa‑nulth First Nations Final Agreement, enrolling individuals under the Maa‑nulth

First Nations Final Agreement and ratifying that agreement by the Maa‑nulth First

Nations,

Chapters 26 [Eligibility and Enrolment] and 28

[Ratification] of that agreement are conclusively deemed to have

come into force on December 9, 2006 and are retroactive to the extent necessary to give

them force and effect on and after that date,

all things done that would have been validly done if Chapters 26 and 28 of the

Maa‑nulth First Nations Final Agreement had been in force on December 9, 2006 are

conclusively deemed to have been validly done, and

a person, committee or board is conclusively deemed to have had since December

9, 2006 the powers, privileges and immunities the person, committee or board would have

had if Chapters 26 and 28 of the Maa‑nulth First Nations Final Agreement had been in

force on December 9, 2006.

Each of the following bodies, despite the Personal Information

Protection Act , is conclusively deemed to have had, on and after

December 9, 2006, lawful authority to collect, use and disclose personal information as

necessary for determining the eligibility of individuals for enrolment under the Maa‑nulth

First Nations Final Agreement, enrolling individuals under the Maa‑nulth First Nations

Final Agreement and ratifying that agreement by the Maa‑nulth First Nations, all in

accordance with the processes required by that agreement:

the enrolment committee established under

section 26.4.1 of

Chapter 26

[Eligibility and Enrolment] of the Maa‑nulth First Nations Final

Agreement;

the ratification committee established under

section 28.2.3 of

Chapter 28

[Ratification] of the Maa‑nulth First Nations Final

Agreement.

A body referred to in subsection (2) of this

section must comply with

section 35

of the Personal Information Protection Act in relation to the

personal information referred to in subsection (2) of this

section as if the body were an

organization as defined in that Act.

This

section must not be construed as lacking retroactive effect in relation to

any matter because it makes no specific reference to that matter.

Power to make orders and regulations

The Lieutenant Governor in Council may make the orders and regulations that the

Lieutenant Governor in Council considers necessary or advisable for the purpose of carrying

out any provision of the Maa‑nulth First Nations Final Agreement.

Interim regulations

Despite this or any other Act, after consulting with the Maa‑nulth First Nations,

the Lieutenant Governor in Council may make regulations consistent with the Maa‑nulth

First Nations Final Agreement as follows:

respecting any matter that the Lieutenant Governor in Council considers is not

provided for, or is not sufficiently provided for, in this Act or another Act affected

by the Maa‑nulth First Nations Final Agreement, an agreement contemplated by the

Maa‑nulth First Nations Final Agreement or this Act;

making provisions the Lieutenant Governor in Council considers necessary or

advisable for the purpose of more effectively bringing into operation the Maa‑nulth

First Nations Final Agreement, or an agreement contemplated by the Maa‑nulth First

Nations Final Agreement, in accordance with its terms, including, without limitation,

provisions giving authority to a person or body, or restricting the authority of a

person or body, in accordance with that agreement;

making provisions the Lieutenant Governor in Council considers necessary or

advisable for the purpose of preventing, minimizing or otherwise addressing any

transitional difficulties encountered in bringing into effect the Maa‑nulth First

Nations Final Agreement, an agreement contemplated by the Maa‑nulth First Nations Final

Agreement, this Act or

an Act affected by the Maa‑nulth First Nations Final Agreement or

other agreement, including, without limitation, provisions making an exception to or a

modification of a provision in

an Act or providing for the continued application of a

previous enactment;

resolving any errors, inconsistencies or ambiguities in this Act or another Act

that arise in relation to the Maa‑nulth First Nations Final Agreement or an agreement

contemplated by the Maa‑nulth First Nations Final Agreement.

A regulation under subsection (1) may be made retroactive to a date not

earlier than the Effective Date.

To the extent of any conflict between a regulation under subsection

(1) and another enactment, the regulation prevails.

A regulation under subsection (1) ceases to have effect at the end of the

last day of the next session of the Legislative Assembly after the regulation is made.

A regulation may not be made under subsection (1) if a regulation

having the same effect has been made under that subsection.

Regulations under subsection (1) may only be made

in relation to a tax, for 2 years after the date on which the exemption from the

tax for a Maa‑nulth-aht ends under

section 19.5.1 a. or b. of

Chapter 19

[Taxation] of the Maa‑nulth First Nations Final Agreement,

in relation to the membership of a Maa‑nulth First Nation in a regional

district, for 2 years after the Maa‑nulth First Nation becomes a member of the regional

district, and

in relation to any other matter, for 2 years after the Effective

Date.

Retroactive validation — transfers free of Land Act

reservations and exceptions

18.1

Despite

section 18 (4) of this Act,

section 5 of the Maa-nulth First Nations Final

Agreement Interim Regulation, B.C. Reg. 55/2011, is confirmed and validated and has

continuing effect on and after April 1, 2011.

Consequential Amendments

19–30

[Note: See Table of Legislative Changes for the status of sections 19 to 30.]

Section(

s) Affected Act

19–29

Final Agreement Consequential Amendments Act, 2007

Treaty First Nation Taxation Act

Commencement

The provisions of this Act referred to in column 1 of the following table come into

force as set out in column 2 of the table:

Item

Column 1 Provisions of Act

Column 2 Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Sections 1 to 3 and 5 to 15

By regulation of the Lieutenant Governor in Council

Section 16

December 9, 2006

Section 17 to 30

By regulation of the Lieutenant Governor in Council

Schedule

Maa-nulth First Nations Final Agreement

Schedule

PREAMBLE

CHAPTER 1 — GENERAL PROVISIONS

1.1.0

NATURE OF AGREEMENT

1.2.0

REPRESENTATIONS AND WARRANTIES

1.3.0

CONSTITUTION OF CANADA

1.4.0

CHARACTER OF MAA‑NULTH FIRST NATION LANDS AND

OTHER MAA‑NULTH FIRST NATION LANDS

1.5.0

APPLICATION OF FEDERAL LAW AND PROVINCIAL

LAW

1.6.0

APPLICATION OF THE INDIAN

ACT

1.7.0

INTERNATIONAL LEGAL OBLIGATIONS

1.8.0

RELATIONSHIP OF LAWS

1.9.0

OTHER RIGHTS, BENEFITS AND PROGRAMS

1.10.0

COURT DECISIONS

1.11.0

CERTAINTY

Full and Final Settlement

Exhaustively Set Out Rights

Modification

Purpose of Modification

Release of Past Claims

Indemnities

Specific Claims

1.12.0

OTHER ABORIGINAL PEOPLES

1.13.0

PERIODIC REVIEW

1.14.0

AMENDMENT PROVISIONS

1.15.0

INTERPRETATION

1.16.0

CONSULTATION

1.17.0

INFORMATION AND PRIVACY

1.18.0

OBLIGATION TO NEGOTIATE

1.19.0

ENTIRE AGREEMENT

1.20.0

NO IMPLIED WAIVER

1.21.0

ASSIGNMENT

1.22.0

ENUREMENT

1.23.0

NOTICE

Land Chapters

CHAPTER 2 — LANDS

2.1.0

GENERAL

Grassy Island

2.2.0

OTHER MAA‑NULTH FIRST NATION LANDS

2.3.0

OWNERSHIP OF MAA‑NULTH FIRST NATION LANDS

2.4.0

SUBMERGED LANDS

2.5.0

INITIAL SURVEYS

2.6.0

BOUNDARY RESOLUTION

2.7.0

INTERESTS ON MAA‑NULTH FIRST NATION LANDS

2.8.0

INDEMNITY AND CONFIRMATION

2.9.0

SITE REMEDIATION ON MAA‑NULTH FIRST NATION

LANDS

2.10.0

ADDITIONS TO MAA‑NULTH FIRST NATION LANDS

General

Acquisition and Addition of Other Provincial

Crown Lands

Malksope

Acquisition and Addition of Excluded

Provincial Crown Lands

Acquisition and Addition of Fee Simple

Lands

Acquisition of Fee Simple Lands through Treaty

Related Measures

Continuation of Interests

Other Matters

2.11.0

PROVINCIAL EXPROPRIATION OF MAA‑NULTH FIRST

NATION LANDS

General

Expropriation of an Estate in Fee Simple

Provincial Crown Land as Replacement

Lands

Other Replacement Lands

Return of an Expropriated Interest

Expropriation of Other Interests

2.12.0

FEDERAL EXPROPRIATION OF MAA‑NULTH FIRST NATION

LANDS

2.13.0

COMMERCIAL RECREATION TENURE

SCHEDULE 1 — SURVEY PROCEDURE

SCHEDULE 2 — CONTAMINATED SITE

REMEDIATION

CHAPTER 3 — LAND TITLE

3.1.0

FEDERAL TITLE REGISTRATION

3.2.0

LAND TITLES SYSTEM

3.3.0

APPLICATION FOR REGISTRATION OF INDEFEASIBLE

TITLE

3.4.0

LAND TITLE FEES

3.5.0

MAA‑NULTH FIRST NATION CERTIFICATE

3.6.0

REGISTRATION OF INDEFEASIBLE TITLE

3.7.0

CANCELLATION OF INDEFEASIBLE TITLE

3.8.0

AMENDMENTS TO LAND TITLE

ACT

CHAPTER 4 — SUBSURFACE RESOURCES

4.1.0

GENERAL

4.2.0

TENURED SUBSURFACE RESOURCES

CHAPTER 5 — ACCESS

5.1.0

MAA‑NULTH FIRST NATIONS' RIGHTS AND

OBLIGATIONS

5.2.0

DESIGNATION OF MAA‑NULTH FIRST NATION PRIVATE

LANDS

Designation and Use of Former Provincial Park

Land

5.3.0

LAW-MAKING

5.4.0

PUBLIC ACCESS ON MAA‑NULTH FIRST NATION

LANDS

5.5.0

CROWN ACCESS TO MAA‑NULTH FIRST NATION

LANDS

5.6.0

MAA‑NULTH FIRST NATION ACCESS TO CROWN

LANDS

5.7.0

ACCESS TO INTERESTS AND ESTATES IN FEE

SIMPLE

5.8.0

NAVIGABLE WATERS

CHAPTER 6 — ROLE OF MAA‑NULTH FIRST NATIONS WITHIN

MAA‑NULTH FIRST NATION AREAS

6.1.0

GENERAL

6.2.0

ECONOMIC ACTIVITIES

6.3.0

GOVERNANCE ACTIVITIES

6.4.0

CULTURAL ACTIVITIES

Resource Chapters

CHAPTER 7 — CROWN CORRIDORS AND ROADS

7.1.0

CROWN CORRIDORS

7.2.0

CROWN CORRIDORS AND PUBLIC UTILITIES

7.3.0

CROWN CORRIDORS NO LONGER REQUIRED

7.4.0

RELOCATION OF CROWN CORRIDORS

7.5.0

CONSULTATION REGARDING TRAFFIC REGULATION

7.6.0

ACCESS AND SAFETY REGULATION

7.7.0

ROADS

7.8.0

USE OF EXISTING GRAVEL PITS ON MAA‑NULTH FIRST

NATION LANDS

7.9.0

DEVELOPMENT OF NEW GRAVEL PITS ON MAA‑NULTH FIRST

NATION LANDS

7.10.0

USE OF GRAVEL PITS AND DEPOSITS ON PROVINCIAL

CROWN LAND

CHAPTER 8 — WATER

8.1.0

GENERAL

8.2.0

WATER RESERVATION

8.3.0

LAW-MAKING

8.4.0

WATER LICENCES

8.5.0

GROUNDWATER

8.6.0

HYDRO POWER RESERVATIONS

SCHEDULE 1 — HUU‑AY‑AHT FIRST NATIONS WATER

VOLUMES

SCHEDULE 2 — KA:'YU:'K'T'H'/CHE:K'TLES7ET'H'

FIRST NATIONS WATER VOLUMES

SCHEDULE 3 — TOQUAHT NATION WATER

VOLUMES

SCHEDULE 4 — UCHUCKLESAHT TRIBE WATER

VOLUMES

SCHEDULE 5 — UCLUELET FIRST NATION WATER

VOLUMES

CHAPTER 9 — FOREST RESOURCES

9.1.0

FOREST AND RANGE RESOURCES ON MAA‑NULTH FIRST

NATION LANDS

9.2.0

LAW-MAKING

9.3.0

MANUFACTURE AND EXPORT OF TIMBER RESOURCES

9.4.0

TIMBER MARKING AND SCALING

9.5.0

FOREST AND RANGE HEALTH

9.6.0

WILDFIRE SUPPRESSION AND CONTROL

9.7.0

TIMBER HARVESTING RIGHTS EXISTING BEFORE EFFECTIVE

DATE

9.8.0

OBLIGATIONS EXISTING BEFORE EFFECTIVE DATE

9.9.0

FOREST RESEARCH PLOTS

CHAPTER 10 — FISHERIES

10.1.0

FISHING RIGHTS

Maa‑nulth First Nation Fishing Rights

Maa‑nulth Fish Allocations

Unallocated Species

Law-Making

Designation

10.2.0

COMMERCIAL FISHERIES

Harvest Agreement

New Emerging Fisheries

Aquaculture Tenures

Commercial Fishing Licences

10.3.0

HARVEST OF SURPLUS SALMON

10.4.0

FISHERIES MANAGEMENT

Joint Fisheries Committee

Regional First Nations Fisheries Management

Advisory Process

Public Fisheries Management Advisory

Processes

Annual Fishing Plans

Maa‑nulth Harvest Document

Maa‑nulth Fisheries Operational

Guidelines

10.5.0

STEWARDSHIP AND ENHANCEMENT

SCHEDULE 1 — CHINOOK SALMON ALLOCATION

SCHEDULE 2 — CHUM SALMON ALLOCATION

SCHEDULE 3 — COHO SALMON ALLOCATION

SCHEDULE 4 — PINK SALMON ALLOCATION

SCHEDULE 5 — SOCKEYE SALMON ALLOCATION

SCHEDULE 6 — NON-SALMON ALLOCATIONS

SCHEDULE 7 — INTER-TIDAL BIVALVE

ALLOCATION

SCHEDULE 8 — COMMERCIAL FISHING

LICENCES

CHAPTER 11 — WILDLIFE

11.1.0

GENERAL

11.2.0

DOCUMENTATION

11.3.0

WILDLIFE HARVEST AREA

11.4.0

WILDLIFE COUNCIL

11.5.0

DESIGNATION OF A WILDLIFE SPECIES

11.6.0

TOTAL ALLOWABLE WILDLIFE HARVEST

11.7.0

MAA‑NULTH WILDLIFE ALLOCATIONS

11.8.0

INITIAL DESIGNATED WILDLIFE SPECIES, ALLOCATION

AND HARVEST PLAN

11.9.0

WILDLIFE HARVEST PLAN

11.10.0

WILDLIFE ADVISORY MANAGEMENT PROCESSES

11.11.0

LAW-MAKING

11.12.0

TRADE AND BARTER AND SALE

11.13.0

TRANSPORT AND EXPORT

11.14.0

TRAINING

11.15.0

ENFORCEMENT

11.16.0

TRAPPING

11.17.0

GUIDING

SCHEDULE 1 — MAA‑NULTH WILDLIFE ALLOCATION OF

DESIGNATED SPECIES

CHAPTER 12 — MIGRATORY BIRDS

12.1.0

GENERAL

12.2.0

TRADE AND BARTER

12.3.0

SALE

12.4.0

TRANSPORT AND EXPORT

12.5.0

LAW-MAKING

12.6.0

DOCUMENTATION

12.7.0

MIGRATORY BIRD HARVEST AREA

12.8.0

MANAGEMENT

12.9.0

CONSERVATION MEASURES

12.10.0

DESIGNATED MIGRATORY BIRD POPULATIONS

Governance Chapters

CHAPTER 13 — GOVERNANCE

13.1.0

MAA‑NULTH FIRST NATION GOVERNANCE

13.2.0

LEGAL STATUS AND CAPACITY

13.3.0

MAA‑NULTH FIRST NATION CONSTITUTIONS

13.4.0

APPEAL AND JUDICIAL REVIEW OF ADMINISTRATIVE

DECISIONS

13.5.0

REGISTRY OF LAWS

13.6.0

INDIVIDUALS WHO ARE NON-MEMBERS

13.7.0

TRANSITION TO MAA‑NULTH FIRST NATION

GOVERNMENT

13.8.0

TRANSITION

13.9.0

NOTIFICATION OF PROVINCIAL LEGISLATION

13.10.0

DELEGATION

13.11.0

MAA‑NULTH FIRST NATION GOVERNMENT

13.12.0

MAA‑NULTH FIRST NATION ASSETS

13.13.0

MAA‑NULTH FIRST NATION CITIZENSHIP

13.14.0

MAA‑NULTH FIRST NATION LANDS

13.15.0

ADOPTION

13.16.0

CHILD PROTECTION

13.17.0

CHILD CUSTODY

13.18.0

CHILD CARE

13.19.0

LANGUAGE AND CULTURE EDUCATION

13.20.0

KINDERGARTEN TO GRADE 12 EDUCATION

13.21.0

POST-SECONDARY EDUCATION

13.22.0

HEALTH

13.23.0

SOCIAL DEVELOPMENT

13.24.0

SOLEMNIZATION OF MARRIAGES

13.25.0

PUBLIC ORDER, PEACE AND SAFETY

13.26.0

EMERGENCY PREPAREDNESS

13.27.0

PUBLIC WORKS

13.28.0

REGULATION OF BUSINESS

13.29.0

TRAFFIC, TRANSPORTATION, PARKING AND

HIGHWAYS

13.30.0

BUILDINGS AND STRUCTURES

13.31.0

FINES AND PENALTIES

13.32.0

ENFORCEMENT OF MAA‑NULTH FIRST NATION

LAWS

13.33.0

ADJUDICATION OF MAA‑NULTH FIRST NATION

LAWS

13.34.0

COMMUNITY CORRECTIONAL SERVICES

13.35.0

MAA‑NULTH FIRST NATION GOVERNMENT

LIABILITY

Maa‑nulth First Nation Government Office

Holders

Maa‑nulth First Nation Public Officers

Maa‑nulth First Nation and Maa‑nulth First

Nation Government

13.36.0

WRIT OF EXECUTION AGAINST A MAA‑NULTH FIRST

NATION

13.37.0

OTHER MATTERS

CHAPTER 14 — REGIONAL GOVERNMENT

14.1.0

GENERAL

Status of Maa‑nulth First Nation Lands

Land Use Planning Protocols and Service

Contracts

14.2.0

TRANSITION PERIOD ARRANGEMENTS

Representation on Regional District

Boards

Regional District Service Arrangements

14.3.0

MAA‑NULTH FIRST NATION REGIONAL DISTRICT

MEMBERSHIP

14.4.0

SERVICE ARRANGEMENTS AFTER TRANSITION DATE

14.5.0

FORESHORE AGREEMENTS

CHAPTER 15 — INDIAN ACT

TRANSITION

15.1.0

ESTATES

15.2.0

CONTINUATION OF INDIAN ACT

BY-LAWS

15.3.0

STATUS OF BANDS AND TRANSFER OF BAND

ASSESTS

Fiscal Chapters

CHAPTER 16 — CAPITAL TRANSFER AND NEGOTIATION

LOAN REPAYMENT

16.1.0

CAPITAL TRANSFER

16.2.0

NEGOTIATION LOAN REPAYMENT

16.3.0

PREPAYMENTS

SCHEDULE 1 — CAPITAL TRANSFER PAYMENT

PLAN

SCHEDULE 2 — NEGOTIATION LOAN REPAYMENT

PLAN

CHAPTER 17 — RESOURCE REVENUE SHARING

17.1.0

PAYMENT OF RESOURCE REVENUES

17.2.0

PROVINCIAL AUTHORITY ON PROVINCIAL CROWN

LAND

CHAPTER 18 — FISCAL RELATIONS

18.1.0

FISCAL RELATIONS

CHAPTER 19 — TAXATION

19.1.0

DIRECT TAXATION

19.2.0

TAX AGREEMENTS

19.3.0

MAA‑NULTH FIRST NATION LANDS

19.4.0

TRANSFER OF MAA‑NULTH FIRST NATION CAPITAL

19.5.0

INDIAN ACT TAX EXEMPTION AND TRANSITIONAL EXEMPTION

19.6.0

TAX TREATMENT AGREEMENT

Culture Chapters

CHAPTER 20 — ARTIFACTS, HERITAGE SITES AND PLACE

NAMES

20.1.0

ARTIFACTS

20.2.0

TRANSFER OF MAA‑NULTH FIRST NATION

ARTIFACTS

Canadian Museum of Civilization

The Parks Canada Agency

Royal British Columbia Museum

20.3.0

ACCESS TO OTHER COLLECTIONS

20.4.0

NUU-CHAH-NULTH ARTIFACTS

20.5.0

MAA‑NULTH FIRST NATION ARCHAEOLOGICAL HUMAN

REMAINS

20.6.0

HERITAGE SITES

20.7.0

PLACE NAMES

CHAPTER 21 — CULTURE AND HERITAGE

21.1.0

GENERAL

21.2.0

LAW-MAKING

21.3.0

HARVEST OF MONUMENTAL CEDAR AND CYPRESS ON

PROVINCIAL CROWN LAND

21.4.0

STOPPER ISLANDS

21.5.0

DIANA ISLAND

Parks and Environment Chapters

CHAPTER 22 — ENVIRONMENTAL ASSESSMENT AND

ENVIRONMENTAL PROTECTION

22.1.0

ENVIRONMENTAL ASSESSMENT

22.2.0

MAA‑NULTH FIRST NATION PARTICIPATION IN FEDERAL

ENVIRONMENTAL ASSESSMENTS

22.3.0

MAA‑NULTH FIRST NATION PARTICIPATION IN

PROVINCIAL ENVIRONMENTAL ASSESSMENT PROCESSES

22.4.0

LAW-MAKING

22.5.0

ENVIRONMENTAL EMERGENCIES

22.6.0

MAA‑NULTH FIRST NATION COMMUNITY WATERSHED

LANDS

CHAPTER 23 — FEDERAL PARKS AND PROTECTED

AREAS

23.1.0

GENERAL

23.2.0

TRADE AND BARTER AND SALE

23.3.0

TRANSPORT AND EXPORT

23.4.0

LAW-MAKING

23.5.0

DOCUMENTATION AND ENFORCEMENT

23.6.0

CO-OPERATION IN RENEWABLE RESOURCE

HARVESTING

23.7.0

CONSERVATION MEASURES

23.8.0

PACIFIC RIM NATIONAL PARK

23.9.0

NATIONAL PARKS AND NATIONAL MARINE CONSERVATION

AREAS

23.10.0

CO-OPERATION IN PLANNING AND MANAGEMENT

CHAPTER 24 — PROVINCIAL PROTECTED AREAS

24.1.0

GENERAL

24.2.0

POWER RIVER WATERSHED PROTECTED AREA

24.3.0

THUNDERBIRD'S NEST (T'IITSK'IN

PAAWATS) PROTECTED AREA

24.4.0

QUIN-E-EX LANDS

24.5.0

PUBLIC PLANNING PROCESSES

24.6.0

GATHERING

Trade and Barter

Law-making

Documentation

24.7.0

EXPROPRIATION OF MAA‑NULTH FIRST NATION LANDS FOR

PROVINCIAL PROTECTED AREA PURPOSES

Other Chapters

CHAPTER 25 — DISPUTE RESOLUTION

25.1.0

GENERAL

25.2.0

SCOPE: WHEN THIS

CHAPTER APPLIES TO A

DISAGREEMENT

25.3.0

DISAGREEMENTS TO GO THROUGH STAGES

25.4.0

IDENTIFICATION OF THE PARTIES TO THE

DISAGREEMENT

25.5.0

STAGE ONE: COLLABORATIVE NEGOTIATIONS

25.6.0

STAGE TWO: FACILITATED PROCESSES

25.7.0

NEGOTIATING CONDITIONS

25.8.0

SETTLEMENT AGREEMENT

25.9.0

STAGE THREE: ADJUDICATION — ARBITRATION

25.10.0

EFFECT OF ARBITRAL AWARD

25.11.0

APPLICATION OF LEGISLATION

25.12.0

STAGE THREE: ADJUDICATION — JUDICIAL

PROCEEDINGS

25.13.0

NOTICE TO PARTIES

25.14.0

COSTS

CHAPTER 26 — ELIGIBILITY AND ENROLMENT

26.1.0

MAA‑NULTH FIRST NATIONS ELIGIBILITY

CRITERIA

26.2.0

OTHER LAND CLAIMS AGREEMENTS

26.3.0

INITIAL ENROLMENT PERIOD

26.4.0

MAA‑NULTH FIRST NATIONS ENROLMENT

COMMITTEE

26.5.0

APPLICATIONS TO REMOVE NAMES FROM ENROLMENT

REGISTER

26.6.0

ENROLMENT APPEAL BOARD

26.7.0

JUDICIAL REVIEW

26.8.0

COSTS

26.9.0

ENROLMENT REGISTER

26.10.0

DISSOLUTION OF ENROLMENT COMMITTEE AND ENROLMENT

APPEAL BOARD

26.11.0

MAA‑NULTH FIRST NATION RESPONSIBILITIES FOR

ENROLMENT

CHAPTER 27 — IMPLEMENTATION

27.1.0

GENERAL

27.2.0

IMPLEMENTATION PLAN

27.3.0

IMPLEMENTATION COMMITTEE

CHAPTER 28 — RATIFICATION

28.1.0

GENERAL

28.2.0

RATIFICATION BY MAA‑NULTH FIRST NATIONS

28.3.0

RATIFICATION BY A MAA‑NULTH INDIAN BAND

28.4.0

RATIFICATION BY CANADA

28.5.0

RATIFICATION BY BRITISH COLUMBIA

CHAPTER 29 —

DEFINITIONS

29.1.0

DEFINITIONS

Schedule

Maa-nulth First Nations Final Agreement

PREAMBLE

WHEREAS:

The Maa‑nulth First Nations assert that they have used, occupied and governed

their traditional territories from time immemorial;

The Maa‑nulth First Nations have never entered into a treaty or land claims

agreement with the Crown;

The Constitution Act, 1982 recognizes and affirms the existing

aboriginal and treaty rights of the aboriginal peoples of Canada, and the courts have stated

that aboriginal rights include aboriginal title;

The Maa‑nulth First Nations assert that they have an inherent right to

Agreement based on its policy that the inherent right to self-government is an existing

aboriginal right within

section 35 of the Constitution Act,

1982 ;

The Maa‑nulth First Nations' existing aboriginal rights are recognized and

affirmed by the Constitution Act, 1982 , and the Parties have negotiated

this Agreement in accordance with the British Columbia treaty process to provide certainty

in respect of those rights and to allow them to continue and to have effect and be exercised

as set out in this Agreement;

Canada and British Columbia acknowledge the perspective of the Maa‑nulth First

Nations that harm and losses in relation to their aboriginal rights have occurred in the

past and express regret if any actions or omissions of the Crown have contributed to that

perspective, and the Parties rely on this Agreement to move them beyond the difficult

circumstances of the past;

Canada and British Columbia acknowledge the aspirations of the Maa‑nulth First

Nations to preserve, promote and develop the culture, heritage, language and economies of

the Maa‑nulth First Nations;

Canada and British Columbia acknowledge the aspirations of the Maa‑nulth First

Nations and the Maa‑nulth‑aht to participate more fully in the economic, political, cultural

and social life of British Columbia in a way that preserves and enhances the collective

identity of the Maa‑nulth‑aht as the Maa‑nulth First Nations and to evolve and flourish as

self-sufficient and sustainable communities; and

The Parties are committed to the reconciliation of the prior presence of the

Maa‑nulth First Nations and the sovereignty of the Crown through the negotiation of this

Agreement which will establish new government-to-government relationships based on mutual

respect.

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

Schedule

Maa-nulth First Nations Final Agreement

CHAPTER 1 — GENERAL PROVISIONS

1.1.0 NATURE OF AGREEMENT

1.1.1 This Agreement is a treaty and a land claims agreement within

the meaning of sections 25 and 35 of the Constitution Act,

1982 .

1.1.2 This Agreement is binding on the Parties and on all

persons.

1.1.3 The Parties and all persons are entitled to rely on this

Agreement.

1.1.4 Canada will recommend to Parliament that Federal Settlement

Legislation provides that this Agreement is approved, given effect, declared valid and has

the force of law.

1.1.5 British Columbia will recommend to the Legislature that

Provincial Settlement Legislation provides that this Agreement is approved, given effect,

declared valid and has the force of law.

1.1.6 Ratification of this Agreement by the Parties in accordance

with

Chapter 28 Ratification is a condition precedent to the validity of this Agreement and,

unless so ratified, this Agreement is of no force or effect.

1.2.0 REPRESENTATIONS AND WARRANTIES

1.2.1 Each Maa‑nulth First Nation represents and warrants to Canada

and British Columbia that, in respect of the matters dealt with in this Agreement, it

represents and has the authority to enter into on behalf of, and enters into this Agreement

on behalf of, any and all of those individuals who collectively comprise that Maa‑nulth

First Nation and who have or may exercise any aboriginal rights, including aboriginal title,

or may make any claims to those rights.

1.2.2 Canada represents and warrants to each Maa‑nulth First Nation

that, in respect of the matters dealt with in this Agreement, it has the authority to enter

into this Agreement within its authorities.

1.2.3 British Columbia represents and warrants to each Maa‑nulth

First Nation that, in respect of the matters dealt with in this Agreement, it has the

authority to enter into this Agreement within its authorities.

1.3.0 CONSTITUTION OF CANADA

1.3.1 This Agreement does not alter the Constitution of Canada,

including:

a. the distribution of powers between Canada and British Columbia;

b. the identity of Maa‑nulth First Nations as aboriginal people of Canada within

the meaning of the Constitution Act, 1982 ; and

c. sections 25 and 35 of the Constitution Act,

1982 .

1.3.2 The Canadian Charter of Rights and Freedoms

applies to each Maa‑nulth First Nation Government in respect of all matters within its

authority.

1.4.0 CHARACTER OF MAA‑NULTH FIRST NATION LANDS AND OTHER MAA‑NULTH

FIRST NATION LANDS

1.4.1 There are no "Lands reserved for the Indians" within the

meaning of the Constitution Act, 1867 for any Maa‑nulth First Nation and

there are no "reserves" as defined in the Indian Act for any Maa‑nulth

First Nation and, for greater certainty, Maa‑nulth First Nation Lands and Other Maa‑nulth

First Nation Lands are not "Lands reserved for the Indians" within the meaning of the

Constitution Act, 1867 , and are not "reserves" as defined in the

Indian Act .

1.5.0 APPLICATION OF FEDERAL LAW AND PROVINCIAL LAW

1.5.1 Federal Law and Provincial Law apply to the Maa‑nulth First

Nations, Maa‑nulth‑aht, Maa‑nulth First Nation Citizens, Maa‑nulth First Nation Public

Institutions, Maa‑nulth First Nation Corporations, Maa‑nulth First Nation Governments,

Maa‑nulth First Nation Lands and Other Maa‑nulth First Nation Lands.

1.6.0 APPLICATION OF THE INDIAN ACT

1.6.1 Subject to

Chapter 15 Indian Act Transition

and 19.5.0, the Indian Act has no application to any Maa‑nulth First

Nation, Maa‑nulth First Nation Government, Maa‑nulth First Nation Public Institution,

Maa‑nulth First Nation Corporation and Maa‑nulth‑aht as of the Effective Date, except for

the purpose of determining whether an individual is an "Indian".

1.7.0 INTERNATIONAL LEGAL OBLIGATIONS

1.7.1 After the Effective Date, before consenting to be bound by a

new International Treaty which would give rise to a new International Legal Obligation that

may adversely affect a right of a Maa‑nulth First Nation Government under this Agreement,

Canada will Consult with that Maa‑nulth First Nation Government in respect of the

International Treaty either separately or through a forum that Canada determines is

appropriate.

1.7.2 Where Canada informs a Maa‑nulth First Nation Government that

it considers that a Maa‑nulth First Nation Law or exercise of power of that Maa‑nulth First

Nation Government causes Canada to be unable to perform an International Legal Obligation,

that Maa‑nulth First Nation Government and Canada will discuss remedial measures to enable

Canada to perform the International Legal Obligation. Subject to 1.7.3, the Maa‑nulth First

Nation Government will remedy the law or other exercise of power to the extent necessary to

enable Canada to perform the International Legal Obligation.

1.7.3 Subject to 1.7.5, where Canada and a Maa‑nulth First Nation

Government disagree over whether a Maa‑nulth First Nation Law or other exercise of power of

that Maa‑nulth First Nation Government causes Canada to be unable to perform an

International Legal Obligation, the dispute will be resolved in accordance with the

provisions in

Chapter 25 Dispute Resolution, and if the dispute goes to arbitration,

and:

a. if the arbitrator, having taken into account all relevant considerations,

including any reservations and exceptions taken by Canada, determines that the Maa‑nulth

First Nation Law or other exercise of power of the Maa‑nulth First Nation Government does

not cause Canada to be unable to perform the International Legal Obligation, or that the

remedial measures are sufficient to enable Canada to perform the International Legal

Obligation, Canada will not take any further action for this reason aimed at changing the

Maa‑nulth First Nation Law or other exercise of power; or

b. if the arbitrator, having taken into account all relevant considerations,

including any reservations and exceptions available to Canada, determines that the Maa‑nulth

First Nation Law or other exercise of power of that Maa‑nulth First Nation Government causes

Canada to be unable to perform the International Legal Obligation, or that the remedial

measures are insufficient to enable Canada to perform the International Legal Obligation the

Maa‑nulth First Nation Government will remedy the law or other exercise of power to the

extent necessary to enable Canada to perform the International Legal

Obligation.

1.7.4 Canada will Consult the applicable Maa‑nulth First Nation

Government in respect of the development of positions taken by Canada before an

International Tribunal where its Maa‑nulth First Nation Law or other exercise of power of

that Maa‑nulth First Nation Government has given rise to an issue concerning the performance

of an International Legal Obligation of Canada. Canada's positions before the International

Tribunal will take into account the commitment of the Parties to the integrity of this

Agreement.

1.7.5 If there is a finding of an International Tribunal of

non-performance of an International Legal Obligation of Canada attributable to a Maa‑nulth

First Nation Law or other exercise of power of a Maa‑nulth First Nation Government, that

Maa‑nulth First Nation Government will, at the request of Canada, remedy the law or other

exercise of power to enable Canada to perform the International Legal Obligation, unless the

law or action is in accordance with this Agreement and equivalent to a relevant Federal Law

or Provincial Law, as applicable, consistent with the compliance with Canada or British

Columbia in respect of that International Legal Obligation.

1.8.0 RELATIONSHIP OF LAWS

1.8.1 This Agreement prevails to the extent of an inconsistency or a

Conflict with Federal Law or Provincial Law.

1.8.2 Federal Settlement Legislation prevails over other Federal Law

to the extent of a Conflict and Provincial Settlement Legislation prevails over other

Provincial Law to the extent of a Conflict.

1.8.3 Any licence, permit or other authorization to be issued by

Canada or British Columbia as a result of this Agreement will be issued under Federal Law or

Provincial Law, as the case may be, and will not be part of this Agreement.

1.8.4 This Agreement prevails to the extent of an inconsistency or

Conflict with any provision of a licence, permit or other authorization issued by Canada or

British Columbia as a result of this Agreement.

1.8.5 Notwithstanding any other rule of priority in this Agreement,

Federal Law or Provincial Law prevails to the extent of a Conflict with Maa‑nulth First

Nation Law that has an incidental impact on any federal or provincial legislative

jurisdiction for which a Maa‑nulth First Nation Government:

a. does not have any law-making authority; or

b. does have law-making authority but in respect of which Federal Law or

Provincial Law prevails in the event of a Conflict.

1.8.6 Notwithstanding any other rule of priority in this Agreement,

Federal Law or Provincial Law prevails to the extent of a Conflict with Maa‑nulth First

Nation Law that has a double aspect with any federal or provincial legislative jurisdiction

for which a Maa‑nulth First Nation Government:

a. does not have any law-making authority; or

b. does have law-making authority but in respect of which Federal Law or

Provincial Law prevails in the event of a Conflict.

1.8.7 Notwithstanding any other rule of priority in this Agreement,

Federal Law in relation to peace, order and good government, criminal law, human rights, the

protection of the health and safety of all Canadians, or other matters of overriding

national importance, prevails to the extent of a Conflict with Maa‑nulth First Nation

Law.

1.8.8 Canada will recommend to Parliament that Federal Settlement

Legislation include a provision that, to the extent that a Provincial Law does not apply of

its own force to a Maa‑nulth First Nation, Maa‑nulth First Nation Government, Maa‑nulth

First Nation Public Institution, Maa‑nulth First Nation Corporation, Maa‑nulth‑aht,

Maa‑nulth First Nation Citizen, Maa‑nulth First Nation Lands or Other Maa‑nulth First Nation

Lands, that Provincial Law will, subject to the Federal Settlement Legislation and any other

Act of Parliament, apply in accordance with this Agreement to that Maa‑nulth First Nation,

Maa‑nulth First Nation Government, Maa‑nulth First Nation Public Institution, Maa‑nulth

First Nation Corporation, Maa‑nulth‑aht, Maa‑nulth First Nation Citizen, Maa‑nulth First

Nation Lands or Other Maa‑nulth First Nation Lands, as the case may be.

1.8.9 Unless otherwise provided in this Agreement, Maa‑nulth First

Nation Law does not apply to Canada or British Columbia.

1.8.10 A Maa‑nulth First Nation Law that is inconsistent or in

Conflict with this Agreement is of no force or effect to the extent of the inconsistency or

Conflict.

1.8.11 For greater certainty, the law-making authority of a Maa‑nulth

First Nation Government does not include criminal law, criminal procedure, Intellectual

Property, official languages of Canada, aeronautics, navigation and shipping or labour

relations and working conditions.

1.9.0 OTHER RIGHTS, BENEFITS AND PROGRAMS

1.9.1 Maa‑nulth First Nation Citizens and Maa‑nulth‑aht who are

Canadian citizens or permanent residents of Canada continue to be entitled to all of the

rights and benefits of other Canadian citizens or permanent residents of Canada, applicable

to them from time to time.

1.9.2 Subject to 1.9.3, nothing in this Agreement affects the ability

of a Maa‑nulth First Nation, Maa‑nulth First Nation Government, Maa‑nulth First Nation

Public Institution or Maa‑nulth First Nation Corporation to participate in, or benefit from,

programs established by Canada or British Columbia for aboriginal people, registered Indians

or other Indians, in accordance with criteria established for those programs from time to

time.

1.9.3 Maa‑nulth First Nation Citizens and Maa‑nulth‑aht of a

Maa‑nulth First Nation are eligible to participate in programs or services established by

Canada or British Columbia and to receive programs or services from Canada or British

Columbia, in accordance with criteria established for those programs or services from time

to time, to the extent that the applicable Maa‑nulth First Nation has not assumed

responsibility for those programs or services under a Fiscal Financing Agreement or other

funding agreement.

1.10.0 COURT DECISIONS

1.10.1 If a superior court of a province, the Federal Court of Canada

or the Supreme Court of Canada finally determines any provision of this Agreement to be

invalid or unenforceable:

a. the Parties will make best efforts to amend this Agreement to remedy or

replace the provision; and

b. the provision will be severable from this Agreement to the extent of the

invalidity or unenforceability, and the remainder of this Agreement will be construed, to

the extent possible, to give effect to the intent of the Parties.

1.10.2 No Party will challenge, or support a challenge to, the

validity of any provision of this Agreement.

1.10.3 A breach of this Agreement by a Party does not relieve any

Party from its obligations under this Agreement.

1.11.0 CERTAINTY

Full and Final Settlement

1.11.1 This Agreement constitutes the full and final settlement in

respect of the aboriginal rights, including aboriginal title, of each Maa‑nulth First

Nation.

Exhaustively Set Out Rights

1.11.2 This Agreement exhaustively sets out the Maa‑nulth First

Nation

Section 35 Rights of each Maa‑nulth First Nation, their attributes, the geographic

extent of those rights, and the limitations to those rights, to which the Parties have

agreed, and those rights are:

a. the aboriginal rights, including aboriginal title, modified as a result of

this Agreement, of that Maa‑nulth First Nation in and to its Maa‑nulth First Nation Lands

and other lands and resources;

b. the jurisdictions, authorities and rights of its Maa‑nulth First Nation

Government; and

c. the other Maa‑nulth First Nation

Section 35 Rights of that Maa‑nulth First

Nation.

Modification

1.11.3 Notwithstanding the common law, as a result of this Agreement

and the Settlement Legislation, the aboriginal rights, including the aboriginal title, of

each Maa‑nulth First Nation, as they existed anywhere before the Effective Date, including

their attributes and geographic extent, are modified, and continue as modified, as set out

in this Agreement.

1.11.4 For greater certainty, the aboriginal title of each Maa‑nulth

First Nation anywhere that it existed before the Effective Date, including its attributes

and geographic extent, is modified and continues as the estates in fee simple to those areas

identified in this Agreement as the Maa‑nulth First Nation Lands and Other Maa‑nulth First

Nation Lands of that Maa‑nulth First Nation.

Purpose of Modification

1.11.5 The purpose of the modification referred to in 1.11.3 is to

ensure that as of the Effective Date:

a. each Maa‑nulth First Nation has, and can exercise, its Maa‑nulth First Nation

Section 35 Rights set out in this Agreement, including their attributes, geographic extent,

and the limitations to those rights, to which the Parties have agreed;

b. Canada, British Columbia and all other persons can exercise their rights,

authorities, jurisdictions and privileges in a manner consistent with this Agreement;

and

c. Canada, British Columbia and all other persons do not have any obligations in

respect of any aboriginal rights, including aboriginal title, of each Maa‑nulth First Nation

to the extent that those rights, including title, might be in any way other than, or

different in attributes or geographic extent from, the Maa‑nulth First Nation

Section 35

Rights of each Maa‑nulth First Nation set out in this Agreement.

Release of Past Claims

1.11.6 Each Maa‑nulth First Nation releases Canada, British Columbia

and all other persons from all claims, demands, actions or proceedings, of whatever kind,

whether known or unknown, that that Maa‑nulth First Nation ever had, now has or may have in

the future, relating to or arising from any act or omission before the Effective Date that

may have affected, interfered with or infringed any aboriginal right, including aboriginal

title, of that Maa‑nulth First Nation.

Indemnities

1.11.7 Each Maa‑nulth First Nation will indemnify and forever save

harmless Canada or British Columbia, as the case may be, from any and all damages, costs

excluding fees and disbursements of solicitors and other professional advisors, losses or

liabilities, that Canada or British Columbia, respectively, may suffer or incur in

connection with or as a result of any suit, action, claim, proceeding or demand initiated or

made before or after the Effective Date relating to or arising from:

a. the existence of an aboriginal right, including aboriginal title, of that

Maa‑nulth First Nation that is determined to be other than, or different in attributes or

geographical extent from, the Maa‑nulth First Nation

Section 35 Rights of that Maa‑nulth

First Nation set out in this Agreement; or

b. any act or omission by Canada or British Columbia, before the Effective Date,

that may have affected, interfered with or infringed any aboriginal right, including

aboriginal title, of that Maa‑nulth First Nation.

1.11.8 A Party who is the subject of a suit, action, claim,

proceeding or demand that may give rise to a requirement to provide payment to that Party

pursuant to an indemnity under this Agreement:

a. will vigorously defend the suit, action, claim, proceeding or demand;

and

b. will not settle or compromise the suit, action, claim, proceeding or demand

except with the consent of the Party who has granted the indemnity, which consent will not

be arbitrarily or unreasonably withheld or delayed.

Specific Claims

1.11.9 Notwithstanding any other provision of this Agreement, nothing

in this Agreement precludes a Maa‑nulth First Nation from pursuing claims in accordance with

Canada's Specific Claims Policy.

1.11.10 For greater certainty, claims referred to in 1.11.9 will not

result in any land being declared to be, or being set aside as "Lands reserved for the

Indians" within the meaning of the Constitution Act, 1867 for a Maa‑nulth

First Nation, or an Indian Reserve for the use and benefit of a Maa‑nulth First

Nation.

1.12.0 OTHER ABORIGINAL PEOPLES

1.12.1 Nothing in this Agreement affects, recognizes or provides any

rights under

section 35 of the Constitution Act, 1982 for any aboriginal

people other than Maa‑nulth First Nations.

1.12.2 If a superior court of a province, the Federal Court of Canada

or the Supreme Court of Canada finally determines that any aboriginal people, other than a

Maa‑nulth First Nation, has a right under

section 35 of the Constitution Act,

1982 that is adversely affected by a provision of this Agreement:

a. that provision will operate and have effect to the extent it does not

adversely affect that right; and

b. if the provision cannot operate and have effect in a way that it does not

adversely affect that right, the Parties will make best efforts to amend this Agreement to

remedy or replace that provision.

1.12.3 If Canada or British Columbia enters into a treaty or a land

claims agreement, within the meaning of sections 25 and 35 of the Constitution Act,

1982 , with any other aboriginal people and that treaty or land claims agreement

adversely affects Maa‑nulth First Nation

Section 35 Rights as set out in this Agreement,

Canada or British Columbia, or both, as the case may be, will provide the applicable

Maa‑nulth First Nation with additional or replacement rights or other appropriate

remedies.

1.12.4 At the request of the applicable Maa‑nulth First Nation, the

Parties will negotiate and attempt to reach agreement on the provision of those additional

or replacement rights or other appropriate remedies contemplated by 1.12.3.

1.12.5 If the Parties are unable to reach agreement on the provision

of the additional or replacement rights or other appropriate remedies contemplated by

1.12.4, the provision of those additional or replacement rights or remedies will be

determined in accordance with Stage Three of

Chapter 25 Dispute Resolution.

1.13.0 PERIODIC REVIEW

1.13.1 The Parties recognize and acknowledge that this Agreement

provides a foundation for an ongoing relationship among the Parties and commit to conducting

a periodic review of this Agreement in accordance with 1.13.2 through 1.13.8.

1.13.2 Sixty days before each Periodic Review Date, each Party will

provide the other Parties with notice if it wishes to discuss a matter contemplated by

1.13.3 and if none of the Parties provide notice the Parties will forego engaging in a

review for that Review Period.

1.13.3 The purpose of the periodic review is to provide an

opportunity for the Parties to meet and discuss:

a. the practicability of the harmonization of each Maa‑nulth First Nation legal

and administrative systems, including law-making authorities that are being exercised by the

applicable Maa‑nulth First Nation Government, in accordance with this Agreement, with those

of British Columbia and Canada;

b. the practicability of processes established by the Parties in accordance with

this Agreement; and

c. other matters in respect of the implementation of the provisions of this

agreement as the Parties may agree in writing.

1.13.4 Unless the Parties otherwise agree, the discussions

contemplated by 1.13.3 will take place on the Periodic Review Date and such other dates as

the Parties agree, but will not exceed the applicable Review Period, and within 60 days of

the end of that discussion each Party will provide the other Parties with its response on

any matter discussed during that Review Period.

1.13.5 The periodic review contemplated by 1.13.0 and all discussions

and information relating to the matters of the periodic review are without prejudice to the

respective legal positions of the Parties, unless the Parties otherwise agree, and nothing

made or done in respect of a periodic review, including the discussions or the responses

provided by the Parties, except for the amendments made in accordance with 1.13.7, creates

any legally binding rights or obligations.

1.13.6 Except for the Parties' commitment to meet and provide

responses as described in 1.13.4, neither the periodic review process contemplated by

1.13.0, nor the decisions and actions of the Parties relating in any way to the periodic

review process are:

a. subject to the process described in

Chapter 25 Dispute Resolution;

b. reviewable by a court or in any other forum.

1.13.7 For greater certainty, none of the Parties is required to

agree to amend this Agreement or any agreement contemplated by this Agreement as a result of

the periodic review contemplated by 1.13.0. Where the Parties agree to amend this Agreement,

any such amendment will be made in accordance with 1.14.0. Where the Parties agree to amend

an agreement contemplated by this Agreement it will be amended in accordance with its

terms.

1.13.8 Each of the Parties is responsible for its own costs in

relation to the periodic review process.

1.14.0 AMENDMENT PROVISIONS

1.14.1 Except for any provision of this Agreement that provides that

an amendment requires the consent of only the Maa‑nulth First Nations and either Canada or

British Columbia, all amendments to this Agreement require the consent of all Parties to the

Agreement.

1.14.2 Canada will provide consent to an amendment to this Agreement

by order of the Governor-in-Council.

1.14.3 British Columbia will provide consent to an amendment to this

Agreement by resolution of the Legislative Assembly of British Columbia.

1.14.4 If federal or provincial legislation is required to give

effect to an amendment to this Agreement, Canada or British Columbia will recommend to

Parliament or the Legislature, as the case may be, that the required legislation be

enacted.

1.14.5 The consent of each Maa‑nulth First Nation is required for an

amendment to this Agreement. Each Maa‑nulth First Nation will provide consent to such

amendment by a special resolution of its Maa‑nulth First Nation Government.

1.14.6 A special resolution, for the purpose of 1.14.5, means a

resolution passed by the legislative branch of a Maa‑nulth First Nation Government by at

least two thirds of its members and will be the same resolution for each Maa‑nulth First

Nation Government.

1.14.7 Each Maa‑nulth First Nation will provide a certified copy of

the special resolution to each of Canada and British Columbia and each of Canada and

British Columbia is entitled to rely on that resolution as conclusive evidence of compliance

with 1.14.5.

1.14.8 An amendment to this Agreement takes effect on a date agreed

to by the Parties to the amendment, but if no date is agreed to, on the date that the last

Party required to consent to the amendment provides its consent.

1.14.9 Notwithstanding 1.14.1 to 1.14.8, if:

a. this Agreement provides:

i. that any of the Parties will negotiate and attempt to reach agreement in

respect of a matter that will result in an amendment to this Agreement, including a change

to a

Schedule or an Appendix; and

ii. that if the Parties are unable to reach agreement, the matter will be finally

determined by arbitration in accordance with

Chapter 25 Dispute Resolution;

and

b. those Parties have negotiated an agreement or the matter is determined by

arbitration,

this Agreement is deemed to be amended on the date that agreement or arbitrator's

decision takes effect, as the case may be.

1.14.10 Notwithstanding 1.14.1 to 1.14.8, if this Agreement provides

that a provision of this Agreement is amended upon the happening of an event, this Agreement

is deemed to be amended on the happening of that event.

1.14.11 In respect of amendments contemplated by 1.14.9 and 1.14.10,

the applicable Parties will:

a. provide notice to the other Parties of any agreement reached or arbitrator's

decision contemplated by 1.14.9 or the happening of an event referred to in 1.14.10;

and

b. agree on the wording or form of the deemed amendment.

1.14.12 In the case of an arbitrator's decision contemplated by

1.14.9, if the Parties are unable to agree, the wording or form of the deemed amendment will

be finally determined by the arbitrator.

1.14.13 Amendments to this Agreement will be published in the Canada

Gazette, the British Columbia Gazette and each Maa‑nulth First Nation's registry of laws,

contemplated by 13.5.0.

1.14.14 Before the Parties sign this Agreement, the chief negotiator

on behalf of Canada, the chief negotiator on behalf of British Columbia and the lead

negotiator of the Maa‑nulth First Nations may agree to minor amendments to this

Agreement.

1.15.0

INTERPRETATION

1.15.1 Except where this Agreement provides "notwithstanding any

other provision of this Agreement", a provision of this

Chapter prevails to the extent of an

inconsistency or Conflict with any other provision of this Agreement.

1.15.2 No agreement, plan, guideline or other document made by a

Party or Parties that is referred to in or contemplated by this Agreement, including an

agreement that is reached as a result of negotiations that are required or permitted by this

Agreement is:

a. part of this Agreement; or

b. a treaty or land claims agreement, or recognizes or affirms aboriginal or

treaty rights, within the meaning of sections 25 and 35 of the Constitution Act,

1982 .

1.15.3 If an authority of British Columbia referred to in this

Agreement is delegated from Canada and:

a. the delegation of that authority is revoked; or

b. if a superior court of a province, the Federal Court of Canada or the Supreme

Court of Canada finally determines that the delegation of that authority is

invalid,

the reference to British Columbia is deemed to be a reference to

Canada.

1.15.4 If an authority of Canada referred to in this Agreement is

delegated from British Columbia and:

a. the delegation of that authority is revoked; or

b. if a superior court of a province, the Federal Court of Canada or the Supreme

Court of Canada finally determines that the delegation of that authority is

invalid,

the reference to Canada is deemed to be a reference to

British Columbia.

1.15.5 The provisions of this Agreement are not presumed to be

interpreted in favour of any Party.

1.15.6 Nothing in this Agreement will be construed as an admission or

recognition by Canada or British Columbia as to the nature, scope or location of any

aboriginal rights, including aboriginal title, of any Maa‑nulth First Nation before the

Effective Date.

1.15.7 In this Agreement, unless otherwise expressly provided for or

unless otherwise clear from the context:

a. a reference to a statute or a regulation includes every amendment to it, every

regulation made under that statute, any law enacted in substitution for it or in replacement

of it;

b. the use of the singular includes the plural, and the use of the plural

includes the singular;

c. "or" is used in its inclusive sense, meaning A or B, or both A and

d. "and" is used in its joint sense, meaning A and B, but not either

alone;

e. a reference in a

Chapter to a "Schedule" means a

schedule of that

Chapter;

f. "will" denotes an obligation that, unless this Agreement provides to the

contrary, must be carried out as soon as practicable after the Effective Date or the event

that gives rise to the obligation;

g. "may" is to be construed as permissive, but the use of the words "may not" is

to be construed as disempowering;

h. "including" means "including, but not limited to";

i. headings and subheadings are for convenience only, do not form a part of this

Agreement, and in no way define, limit, alter or enlarge the scope or meaning of any

provision of this Agreement;

j. where a word is defined in this Agreement or described in 1.15.7, other parts

of speech and grammatical forms of the same word have corresponding meanings;

k. a reference to a heading number or subheading number is a reference to the

paragraphs under that heading or subheading, as applicable;

l. "harvest" includes an attempt to harvest; and

m. "provincial" refers to the province of British Columbia.

versions of this Agreement are equally authoritative, in accordance with the

Official Languages Act .

1.15.9 Notwithstanding 1.1.2, this Agreement is not binding on

territories or provinces other than British Columbia on matters within their jurisdiction

without their consent.

1.15.10 For greater certainty, nothing in this Agreement is intended

to affect any aboriginal rights that the Maa‑nulth First Nations may have in a foreign

state.

1.16.0 CONSULTATION

1.16.1 Neither Canada nor British Columbia has any obligation to

consult with any Maa‑nulth First Nation except:

a. as provided for in this Agreement;

b. as may be provided for in federal or provincial legislation;

c. as may be provided for in an agreement with a Maa‑nulth First Nation other

than this Agreement; and

d. as may be required at common law in relation to an infringement of a Maa‑nulth

First Nation

Section 35 Right.

1.16.2 Nothing in this Agreement, nor any action or authority taken,

exercised or carried out by Canada or British Columbia in accordance with this Agreement is,

or will be interpreted to be, an infringement of a Maa‑nulth First Nation

Section 35

Right.

1.17.0 INFORMATION AND PRIVACY

1.17.1 For the purposes of federal and provincial access to

information and privacy legislation, information that a Maa‑nulth First Nation Government

provides to Canada or British Columbia in confidence is deemed to be information received or

obtained in confidence from another government.

1.17.2 If a Maa‑nulth First Nation Government requests disclosure of

information from Canada or British Columbia, the request will be evaluated as if it were a

request by a province for disclosure of that information, but Canada and British Columbia

are not required to disclose to that Maa‑nulth First Nation Government information that is

only available to a particular province or particular provinces or that is not available to

any provinces or that is not available to any province.

1.17.3 The Parties may enter into agreements in respect of any one or

more of the collection, protection, retention, use, disclosure, and confidentiality of

personal, general or other information in accordance with any applicable legislation,

including federal and provincial access to information and privacy.

1.17.4 Canada or British Columbia may provide information to a

Maa‑nulth First Nation Government in confidence if that Maa‑nulth First Nation Government

has made a law or the applicable Maa‑nulth First Nation has entered into an agreement with

Canada or British Columbia, as the case may be, under which the confidentiality of the

information will be protected.

1.17.5 Notwithstanding any other provision of this

Agreement:

a. Canada and British Columbia are not required to disclose any information that

they are required to or authorized to withhold under any Federal Law or Provincial Law,

including under sections 37 to 39 of the Canada Evidence Act ;

b. if federal or provincial legislation allows the disclosure of certain

information only if specified conditions for disclosure are satisfied, Canada and British

Columbia are not required to disclose that information unless those conditions are

satisfied; and

c. the Parties are not required to disclose any information that may be withheld

under a privilege at law.

1.18.0 OBLIGATION TO NEGOTIATE

1.18.1 Whenever the Parties are obliged under any provision of this

Agreement to negotiate and attempt to reach agreement, unless the Parties otherwise agree,

all Parties will participate in the negotiations.

1.18.2 Except as provided in 1.12.5, whenever this Agreement provides

that the Parties, or any of them, "will negotiate and attempt to reach agreement", those

negotiations will be conducted as described in

Chapter 25 Dispute Resolution, but the

Parties, or any of them, are not obliged to proceed to Stage Three of

Chapter 25 Dispute

Resolution unless, in a particular case, they are required to do so under

25.9.1.

1.19.0 ENTIRE AGREEMENT

1.19.1 This Agreement is the entire agreement among the Parties in

respect of the subject matter of this Agreement and, except as described in this Agreement,

there is no representation, warranty, collateral agreement, condition, right or obligation

affecting this Agreement.

1.19.2 The Schedules and Appendices to this Agreement form part of

this Agreement.

1.20.0 NO IMPLIED WAIVER

1.20.1 A provision of this Agreement, or the performance by a Party

of an obligation under this Agreement, may not be waived unless the waiver is in writing and

signed by the Party or Parties giving the waiver.

1.20.2 No written waiver of a provision of this Agreement, or

performance by a Party of an obligation under this Agreement, or of default by a Party of an

obligation under this Agreement, is a waiver of any other provision, obligation or

subsequent default.

1.21.0 ASSIGNMENT

1.21.1 Unless otherwise agreed to by the Parties, this Agreement may

not be assigned, either in whole or in part, by any Party.

1.22.0 ENUREMENT

1.22.1 This Agreement enures to the benefit of and is binding upon

the Parties and their respective permitted assigns.

1.23.0 NOTICE

1.23.1 In 1.23.2 to 1.23.6, "communication" includes a notice,

document, request, response, approval, authorization, confirmation or

consent.

1.23.2 Unless otherwise described in this Agreement, a communication

between or among the Parties under this Agreement will be in writing and will

be:

a. delivered personally or by courier;

b. transmitted by fax; or

c. mailed by prepaid registered post.

1.23.3 A communication is considered to have been given, made or

delivered, and received:

a. if delivered personally or by courier, at the start of business on the next

business day after the business day on which it was received by the addressee or a

responsible representative of the addressee;

b. if transmitted by fax and the sender receives confirmation of the

transmission, at the start of business on the business day next following the day on which

it was transmitted; or

c. if mailed by prepaid registered post in Canada, when the postal receipt is

acknowledged by the addressee.

1.23.4 In addition to the provisions of 1.23.2 and 1.23.3, the

Parties may agree to give, make or deliver a communication by means other than those

provided in 1.23.2.

1.23.5 The Parties will provide to each other addresses for delivery

of communications under this Agreement and will deliver a communication to the address

provided by each Party.

1.23.6 If no other address for delivery of a particular communication

has been provided by a Party, a communication will be delivered to, mailed to the address or

transmitted to the fax number of, the intended recipient as set out below:

For:

Canada

Attention:

Minister of Indian Affairs and Northern Development House of

Commons Room 583, Confederation Building Ottawa, Ontario

K1A 0A6

Fax Number:

(819) 953-4941

For:

British Columbia

Attention:

Minister of Aboriginal Relations and Reconciliation Room 310,

Parliament Buildings PO Box 9052 Stn Prov Govt Victoria,

British Columbia V8W 9E2

Fax Number:

(250) 356-6595

For:

Huu‑ay‑aht First Nations

Attention:

Chief Councillor Box 70 Bamfield,

British Columbia V0R 1B0

Fax Number:

(250) 728-1222

For:

Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations

Attention:

Chief Councillor General Delivery Kyuquot,

British Columbia V0P 1J0

Fax Number:

(250) 332-5210

For:

Toquaht Nation

Attention:

Chief Councillor Box 759 1316 Pine Street

Ucluelet, British Columbia V0R 3A0

Fax Number:

(250) 726-4403

For:

Uchucklesaht Tribe

Attention:

Chief Councillor Box 1118 Port Alberni,

British Columbia V9Y 7L9

Fax Number:

(250) 724-1806

For:

Ucluelet First Nation

Attention:

Chief Councillor Box 699 Ucluelet,

British Columbia V0R 3A0

Fax Number:

(250) 726-7552

Schedule

Maa-nulth First Nations Final Agreement

CHAPTER 2 — LANDS

2.1.0 GENERAL

2.1.1 On the Effective Date, Maa‑nulth First Nation Lands consist of

the following:

a. for Huu‑ay‑aht First Nations:

i. 1,077 hectares, more or less, of Former Indian Reserves, identified for

illustrative purposes in Appendix B-1,

Part 1 as "Former Indian Reserves of Huu‑ay‑aht First

Nations", and legally described in Appendix B-1,

Part 1 (a); and

ii. 7,181 hectares, more or less, of additional lands identified for illustrative

purposes in Appendix B-1,

Part 2 as "Additional Lands", and described as "Subject Lands" in

Appendix B-1,

Part 2 (a);

b. for Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations:

i. 379 hectares, more or less, of Former Indian Reserves, identified for

illustrative purposes in Appendix B-2,

Part 1 as "Former Indian Reserves of

Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations", and legally described in Appendix B-2,

Part

1 (a); and

ii. 5,920 hectares, more or less, of additional lands identified for illustrative

purposes in Appendix B-2,

Part 2 as "Additional Lands", and described as "Subject Lands" in

Appendix B-2,

Part 2 (a);

c. for Toquaht Nation:

i. 196 hectares, more or less, of Former Indian Reserves, identified for

illustrative purposes in Appendix B-3,

Part 1 as "Former Indian Reserves of Toquaht Nation",

and legally described in Appendix B-3,

Part 1 (a); and

ii. 1,293 hectares, more or less, of additional lands identified for illustrative

purposes in Appendix B-3,

Part 2 as "Additional Lands", and described as "Subject Lands" in

Appendix B-3,

Part 2 (a);

d. for Uchucklesaht Tribe:

i. 233 hectares, more or less, of Former Indian Reserves, identified for

illustrative purposes in Appendix B-4,

Part 1 as "Former Indian Reserves of Uchucklesaht

Tribe", and legally described in Appendix B-4,

Part 1 (a); and

ii. 2,834 hectares, more or less, of additional lands identified for illustrative

purposes in Appendix B-4,

Part 2 as "Additional Lands", and described as "Subject Lands" in

Appendix B-4,

Part 2 (a); and

e. for Ucluelet First Nation:

i. 199 hectares, more or less, of Former Indian Reserves, identified for

illustrative purposes in Appendix B-5,

Part 1 as "Former Indian Reserves of Ucluelet First

Nation", and legally described in Appendix B-5,

Part 1 (a);

ii. 5,147 hectares, more or less, of additional lands identified for illustrative

purposes in Appendix B-5,

Part 2 as "Additional Lands", and described as "Subject Lands" in

Appendix B-5,

Part 2 (a); and

iii. 92 hectares, more or less, of lands acquired by Canada and British Columbia

identified for illustrative purposes in Appendix B-5,

Part 3 and legally described in

Appendix B-5,

Part 3 (a).

2.1.2 On the Effective Date, an indefeasible title to each parcel of

Maa‑nulth First Nation Lands listed in

Part 3 of Appendices B-2 to B-4 and

Part 4 of

Appendix B-5 will be registered in the name of the applicable Maa‑nulth First Nation under

the Land Title Act and the Land Title Act will apply to

such parcels in accordance with this Agreement.

Grassy Island

2.1.3 The Grassy Island Indian Reserve 17, legally described as

Grassy Island IR17, DL 221, Nootka District, Plan BC516, is not included in the Maa‑nulth

First Nation Lands of Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations.

2.1.4 Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations releases to

Canada all of the rights and Interests that Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations

and its members ever had or now have or may have in the future in Grassy Island Indian

Reserve 17, and acknowledges that, on the Effective Date, Grassy Island Indian Reserve 17 is

no longer set apart for the use and benefit of Ka:'yu:'k't'h'/Che:k'tles7et'h' First

Nations.

2.1.5 In consideration of 2.1.3 and the release described in 2.1.4,

Canada will pay to Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations the sum of $200,000, which

amount is included in the Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations Capital Transfer

Payment Plan, and other good valuable consideration, and Grassy Island Indian Reserve 17 is

no longer set apart for the use and benefit of the Ka:'yu:'k't'h'/Che:k'tles7et'h' First

Nations.

2.1.6 Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations acknowledges

that nothing in this Agreement is intended to affect any Interest that Ehattesaht First

Nation has in Grassy Island Indian Reserve 17.

2.2.0 OTHER MAA‑NULTH FIRST NATION LANDS

2.2.1 On the Effective Date, Ucluelet First Nation owns the estate

in fee simple in those lands identified as "Subject Lands" for illustrative purposes in

Appendix C-1,

Part 1 and legally described in Appendix C-1,

Part 2, as Other Maa‑nulth First

Nation Lands.

2.2.2 Ucluelet First Nation's ownership of the lands referred to in

2.2.1 is:

a. subject to the Interests listed in Appendix C-1,

Part 3; and

b. does not include Subsurface Resources.

2.3.0 OWNERSHIP OF MAA‑NULTH FIRST NATION LANDS

2.3.1 On the Effective Date, each Maa‑nulth First Nation owns the

estate in fee simple in its Maa‑nulth First Nation Lands, and such estate is not subject to

any condition, proviso, restriction, exception or reservation, under the Land

Act .

2.3.2 A Maa‑nulth First Nation may, in accordance with this

Agreement, its Maa‑nulth First Nation Constitution, and Maa‑nulth First Nation Law of the

applicable Maa‑nulth First Nation Government, Dispose of Interests in its Maa‑nulth First

Nation Lands without the consent of Canada or British Columbia.

2.3.3 Except as provided in 2.11.10 and 2.12.16, or with the consent

of Canada and British Columbia in accordance with 2.3.8, a parcel of Maa‑nulth First Nation

Lands does not cease to be Maa‑nulth First Nation Lands as a result of the Disposition of an

Interest in such parcel.

2.3.4 If an estate in fee simple in a parcel of Maa‑nulth First

Nation Lands is acquired through an agreement between the applicable Maa‑nulth First Nation

and a federal department or agency, those lands are no longer Maa‑nulth First Nation Lands

and Appendix B is deemed to be amended accordingly.

2.3.5 A Maa‑nulth First Nation may not transfer the estate in fee

simple in a parcel of its Maa‑nulth First Nation Lands until indefeasible title to that

parcel of land has been registered in accordance with

Chapter 3 Land Title.

2.3.6 If a Maa‑nulth First Nation transfers the estate in fee simple

in a parcel of its Maa‑nulth First Nation Lands, expropriation by a Federal Expropriating

Authority of those lands may occur in accordance with Federal Law and not subject to 2.12.0,

except 2.12.16.

2.3.7 If a Maa‑nulth First Nation transfers the estate in fee simple

in a parcel of its Maa‑nulth First Nation Lands to any person other than to

a. Maa‑nulth‑aht of that Maa‑nulth First Nation;

b. Maa‑nulth First Nation Corporation of that Maa‑nulth First Nation;

c. Maa‑nulth First Nation Public Institution of that Maa‑nulth First

Nation,

expropriation by a Provincial Expropriating Authority of such land may occur in

accordance with Provincial Law and not subject to 2.11.0, except 2.11.8 and

2.11.10.

2.3.8 After the Effective Date, before Disposing of the estate in

fee simple in a parcel of its Maa‑nulth First Nation Lands, a Maa‑nulth First Nation may

request the consent of Canada and British Columbia to having such land removed from its

Maa‑nulth First Nation Lands.

2.3.9 In considering whether to consent to the removal of a parcel

of land from the Maa‑nulth First Nation Lands of a Maa‑nulth First Nation in accordance with

a request under 2.3.8, Canada and British Columbia may consider:

a. necessary jurisdictional, administrative and servicing

arrangements;

b. the views of any affected Local Government or neighbouring First

Nation;

c. whether the removal of the land will have an impact on fiscal arrangements

negotiated between the applicable Maa‑nulth First Nation and Canada or

British Columbia;

d. whether the removal of the land will have any legal or financial implications

for Canada or British Columbia; or

e. any other matter that Canada or British Columbia considers

relevant.

2.3.10 If Canada and British Columbia consent to the removal of a

parcel of land from Maa‑nulth First Nation Lands in accordance with 2.3.8, such parcel

ceases to be Maa‑nulth First Nation Lands upon receipt by the applicable Maa‑nulth First

Nation of notice of the consent of each of Canada and British Columbia and Appendix B is

deemed to be amended to reflect such removal of lands from Maa‑nulth First Nation

Lands.

2.3.11 If, at any time, any Interest in Maa‑nulth First Nation Lands

finally escheats to the Crown, the Crown will transfer, at no cost and without fee, that

Interest to the applicable Maa‑nulth First Nation.

2.3.12 All methods of acquiring a right in or over land by

prescription or by adverse possession, including the common law doctrine of prescription and

the doctrine of the lost modern grant, are abolished in respect of Maa‑nulth First Nation

Lands.

2.3.13 No Interest, reservation or exception of a Maa‑nulth First

Nation in any parcel of its Maa‑nulth First Nation Lands, the indefeasible title to which

parcel, under the Land Title Act , is not registered in fee simple or

subject to an application for registration in fee simple, is subject to attachment, charge,

seizure, distress, execution or sale, except:

a. pursuant to:

i. a lien, charge or other encumbrance in favour of Canada or British Columbia;

ii. the terms of a security instrument granted by that Maa‑nulth First Nation;

b. if allowed under a Maa‑nulth First Nation Law made by the applicable Maa‑nulth

First Nation Government.

2.4.0 SUBMERGED LANDS

2.4.1 Subject to 2.4.5, Submerged Lands do not form part of

Maa‑nulth First Nation Lands and nothing in this Agreement affects British Columbia's

ownership of Submerged Lands.

2.4.2 British Columbia will notify a Maa‑nulth First Nation of any

proposed Disposition of an Interest in, or use or occupation of, Submerged Lands that are

wholly contained within its Maa‑nulth First Nation Lands.

2.4.3 British Columbia will not, in respect of Submerged Lands that

are wholly contained within Maa‑nulth First Nation Lands:

a. grant an estate in fee simple;

b. grant a lease that, with any rights of renewal, may exceed 25

years;

c. transfer administration and control for a period that may exceed 25 years;

d. otherwise Dispose of an Interest in, or authorize the use or occupation of,

Submerged Lands if that Disposition, use or occupation would adversely affect those

Maa‑nulth First Nation Lands or the applicable Maa‑nulth First Nation's interests described

in this Agreement,

without the consent of that Maa‑nulth First Nation.

2.4.4 2.4.2 and 2.4.3 do not affect the riparian rights of the

upland owners of Maa‑nulth First Nation Lands adjacent to Submerged Lands.

2.4.5 Submerged Lands which are part of Former Indian Reserves form

part of the Maa‑nulth First Nation Lands of the applicable Maa‑nulth First

Nation.

2.4.6 No transfer of Submerged Lands to a Maa‑nulth First Nation in

accordance with this Agreement includes the exclusive right to fish.

2.5.0 INITIAL SURVEYS

2.5.1 In those cases where adequate surveys do not already exist,

before the Effective Date, or as soon as practicable after the Effective Date having regard

to the Survey Protocol, the outer boundaries of those Maa‑nulth First Nation Lands described

in 2.1.1 will be surveyed by:

a. Canada in respect of Former Indian Reserves; and

b. British Columbia in respect of those lands described as "Subject Lands" in

Part 2 (

a) of Appendices B-1 to B-5,

all in accordance with instructions to be issued by the Surveyor General of

British Columbia and approved by Canada, British Columbia and the applicable Maa‑nulth First

Nation for that portion of Maa‑nulth First Nation Lands being surveyed and otherwise in

accordance with the survey procedure described in

Schedule 1.

2.5.2 Canada and British Columbia will, as agreed between them, pay

the full cost of the initial surveys approved in accordance with 2.5.1.

2.5.3 Upon the registration in the provincial Crown land registry of

the survey plan completed in accordance with 2.5.1, Appendix B and, if applicable, Appendix

D are deemed to be amended to reflect any adjustments to the boundaries of the Maa‑nulth

First Nation Lands as a result of such survey.

2.6.0 BOUNDARY RESOLUTION

2.6.1 If a Party provides the other affected Parties with a proposal

to clarify the location of any part of a boundary of Maa‑nulth First Nation Lands, the

Parties will follow the survey procedure described in

Schedule 1.

2.6.2 Unless the affected Parties otherwise agree, the cost as

between such Parties of any field survey undertaken in accordance with 2.6.1 to clarify the

location of a part of a boundary of Maa‑nulth First Nation Lands will be borne

by:

a. the Party authorizing an activity causing the need for clarification of the

boundary location; or

b. the Party proposing clarification of the boundary location, if no Party has

authorized an activity causing the need for clarification of the boundary

location.

2.6.3 If the Parties affected by a proposal to clarify the location

of any part of a boundary of Maa‑nulth First Nation Lands in accordance with 2.6.1 do not

agree on whether or at whose cost to undertake the proposed boundary clarification, any such

Party may refer the matter to be finally determined by arbitration in accordance with

Chapter 25 Dispute Resolution without having to proceed through Stages One and

Two.

2.6.4 If the clarification of a boundary of any part of Maa‑nulth

First Nation Lands in accordance with 2.6.1 results in the adjustment of a boundary of

Maa‑nulth First Nation Lands, then upon the registration in the provincial Crown land

registry of the survey plan completed in accordance with 2.6.1, Appendix B and, if

applicable, Appendix D are deemed to be amended to reflect any such adjustment to the

boundaries of Maa‑nulth First Nation Lands.

2.7.0 INTERESTS ON MAA‑NULTH FIRST NATION LANDS

2.7.1 On the Effective Date, title to Maa‑nulth First Nation Lands

is free and clear of all Interests, except as listed in:

a. Appendices E-1 to E-5 in respect of replacement Interests;

b. Appendices E-7 to E-9 in respect of Interests on Former Indian

Reserves;

c. Appendices E-11 to E-15 in respect of Interests that continue after the

d. Appendices E-16 to E-20 in respect of existing foreshore Interests requiring

upland owner consents.

2.7.2 Subject to 2.7.1, every Interest that, before the Effective

Date, encumbered or applied to Maa‑nulth First Nation Lands, ceases to exist.

2.7.3 On the Effective Date, each Maa‑nulth First Nation will grant

or issue Interests to those persons who are named in Appendices E-1 to E-5, E-7 to E-9 and

E-16 to E-20 relating to its Maa‑nulth First Nation Lands.

2.7.4 On the Effective Date, each Maa‑nulth First Nation will

execute documents granting or issuing to each person named in Appendix E-1 to E-5, Parts 2

and 3 of E-7,

Part 1 of E-8,

Part 2 of E-9 and E-16 to E-20 relating to its Maa‑nulth First

Nation Lands that person's Interest, as described in that Appendix.

2.7.5 On the Effective Date, the applicable Maa‑nulth First Nation

will issue to each individual named in

Part 1 of Appendices E-7 and E-9, a form of tenure

for the parcel of Maa‑nulth First Nation Lands ascribed to that individual and described in

Part 1 of Appendices E-7 and E-9.

2.7.6 An individual to whom a Maa‑nulth First Nation issues a form

of tenure in accordance with 2.7.5 has substantially the same right to possess the described

parcel of Maa‑nulth First Nation Lands as the individual had as the holder of the

certificate of possession under the Indian Act immediately before the

Effective Date, modified to reflect the law-making authority of the applicable Maa‑nulth

First Nation Government over such lands and ownership of such lands by the applicable

Maa‑nulth First Nation in accordance with this Agreement.

2.7.7 A document executed in accordance with 2.7.4 for an Interest

listed in:

a. Appendices E-1 to E-5 will be in the applicable form described in Appendix E-6

Part 2 of Appendix E-10;

Part 2 of Appendices E-7 and E-9 and

Part 1 of Appendix E-8 will be in the

applicable form described in

Part 2 of Appendix E-10;

Part 3 of Appendix E-7 will be in the applicable form described in

Part 1 of

Appendix E-10; and

d. Appendices E-16 to E-20 will be in the applicable form described in Appendix

E-21,

and in all cases will include any modifications agreed upon in writing before

the Effective Date by the applicable Maa‑nulth Indian Band and the person entitled to the

Interest.

2.7.8 A document referred to in 2.7.4 and 2.7.5 is deemed to

be:

a. delivered by the applicable Maa‑nulth First Nation on the Effective Date;

and

b. executed and delivered by the applicable person named in Appendix E on the

Effective Date.

2.7.9 Each Maa‑nulth First Nation will physically deliver the

applicable document:

a. to the applicable person named in Appendix E; or

b. to any other person who, before the Effective Date, was identified to that

Maa‑nulth First Nation by Canada or British Columbia,

and the Appendix is deemed to be amended on the Effective Date by substituting

the name of the applicable Interest holder listed in Appendix E with the name of the person

identified in the notice.

2.7.10 If, following the Effective Date, Canada or British Columbia

notifies a Maa‑nulth First Nation that an Interest granted in accordance with

2.7.3:

a. is in the name of a person who was not entitled to the Interest on the

Effective Date; or

b. contains a clerical error or a wrong description of a material

fact,

the appropriate Parties will take reasonable measures to rectify the

error.

2.7.11 Any right of way of the nature described in

section 218 of

the Land Title Act that is granted by a Maa‑nulth First Nation under this

Agreement is legally binding and enforceable notwithstanding that Maa‑nulth First Nation

Lands to which the right of way relates are not subject to the Land Title

Act .

2.7.12 The Interests listed in Appendices E-11 to E-15 are retained

by the persons who hold those Interests on the Effective Date in accordance with the

appropriate to reflect ownership of the land by the applicable Maa‑nulth First Nation and

Provincial Law. If such an Interest is not renewed or replaced when it expires in accordance

with its terms or Provincial Law, that Interest ceases to exist.

2.7.13 If, after the Effective Date, BC Hydro or Telus is requested

by Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations or Uchucklesaht Tribe, as the case may be,

to construct facilities for the provision of electrical or telecommunications services on

their respective Maa‑nulth First Nations Lands, Ka:'yu:'k't'h'/Che:k'tles7et'h' First

Nations or Uchucklesaht Tribe, as the case may be, will grant or issue to BC Hydro and Telus

an Interest for such facilities on terms substantially the same as those set out in

Part 2

of Appendix E-10, "Distribution Right of Way".

2.7.14 If BC Hydro agrees to provide electrical services on the

Maa‑nulth First Nation Lands of Uchucklesaht Tribe, Uchucklesaht Tribe will grant or issue

to BC Hydro an Interest for such facilities on terms substantially the same as those set out

Part 3 of Appendix E-10, "Distribution Right of Way - Uchucklesaht Tribe".

2.7.15 If BC Hydro determines that it will construct hydro

transmission facilities on the Maa‑nulth First Nation Lands of Toquaht Nation in the area

approximately identified as the "Right of Way Area" in

Part 3 of Appendix E-10 "Transmission

Right of Way - Toquaht Nation", or any portion thereof, Toquaht Nation will grant or issue

to BC Hydro an Interest for such facilities substantially the same as set out in

Part 3 of

Appendix E-10 "Transmission Right of Way - Toquaht Nation".

2.7.16 If BC Hydro determines that it will construct hydro

transmission facilities on the Maa‑nulth First Nation Lands of Ucluelet First Nation in the

area approximately identified as the "Right of Way Area" in

Part 3 of Appendix E-10

"Transmission Right of Way - Ucluelet First Nation", or any portion thereof, Ucluelet First

Nation will grant or issue to BC Hydro an Interest for such facilities substantially the

same as set out in

Part 3 of Appendix E-10 "Transmission Right of Way - Ucluelet First

Nation".

2.8.0 INDEMNITY AND CONFIRMATION

2.8.1 British Columbia will indemnify and forever save harmless each

Maa‑nulth First Nation from any damages, losses, liabilities or costs, excluding fees and

disbursements of solicitors and other professional advisors, that the Maa‑nulth First Nation

may suffer or incur in connection with or as a result of any claims, demands, actions or

proceedings relating to or arising out of:

a. the omission from Appendix E of the name of a person who, immediately before

the Effective Date, had an Interest in the Maa‑nulth First Nation Lands of that Maa‑nulth

First Nation that had been granted by British Columbia; or

b. the incorrect naming of a person in Appendix E as a person entitled to an

Interest, where another person was actually entitled, immediately before the Effective Date,

to the Interest in the Maa‑nulth First Nation Lands of that Maa‑nulth First Nation that had

been granted by British Columbia.

2.8.2 For greater certainty, a Maa‑nulth First Nation does not

release Canada from any damages, losses, liability or costs that Canada may otherwise be

liable for before the Effective Date in relation to:

a. the omission in Appendix E of the name of an individual who, immediately

before the Effective Date, had an Interest in or certificate of possession in respect of a

Former Indian Reserve of the applicable Maa‑nulth First Nations; or

b. the incorrect naming of an individual in Appendix E as an individual entitled

to an Interest or certificate of possession, where another individual was actually entitled,

immediately before the Effective Date, to the interest or the certificate of possession in

respect of a Former Indian Reserve of the applicable Maa‑nulth First Nation that had been

granted by Canada.

2.9.0 SITE REMEDIATION ON MAA‑NULTH FIRST NATION LANDS

2.9.1 If, after the Effective Date, a Maa‑nulth First Nation decides

to develop a site described as "Subject Lands" in Appendix B-3,

Part 4, it will provide

notice of such development to British Columbia.

2.9.2 After receiving notice in accordance with 2.9.1, British

Columbia will inspect the applicable site and if it is determined that such site is a

Contaminated Site, British Columbia will undertake or cause to be undertaken appropriate

remediation of the site in accordance with the Environmental Management Act

and 2.9.3.

2.9.3 In determining whether a site referred to in 2.9.1 is a

Contaminated Site and in determining the extent of the appropriate remediation of such site,

the use of that site is deemed to be the use described in

Schedule 2.

2.9.4 British Columbia or any person undertaking the inspection or

remediation of a site in accordance with 2.9.2, will provide the applicable Maa‑nulth First

Nation with:

a. notice before commencing any inspection or remediation; and

b. the opportunity to observe any inspection or remediation.

2.9.5 Nothing in this Agreement limits the ability of British

Columbia to recover the costs incurred in inspecting and remediating a site referred to in

2.9.1 from any third party determined to be a Responsible Person in respect of the

Contamination of any such site.

2.9.6 British Columbia is not liable in respect of the Contamination

of any site referred to in 2.9.1 which occurs after the Effective Date.

2.9.7 The transfer of Former Federal Lands to a Maa‑nulth First

Nation in accordance with this Agreement does not, in and of itself, result in British

Columbia being determined to be a Responsible Person in respect of any potential

Contamination of any Former Federal Lands.

2.9.8 British Columbia is not required to prepare and provide a Site

Profile for any lands transferred to a Maa‑nulth First Nation in accordance with this

Agreement.

2.10.0 ADDITIONS TO MAA‑NULTH FIRST NATION LANDS

General

2.10.1 A Maa‑nulth First Nation may request that Canada and

British Columbia consent to a parcel of land being added to its Maa‑nulth First Nation

Lands.

2.10.2 British Columbia will consider a request by a Maa‑nulth First

Nation to add a parcel of land to its Maa‑nulth First Nation Lands, made in accordance with

2.10.1, if:

a. the estate in fee simple in that parcel of land is owned by that Maa‑nulth

First Nation or a Maa‑nulth First Nation Corporation, Maa‑nulth First Nation Public

Institution or Maa‑nulth‑aht of that Maa‑nulth First Nation, and such owner provides written

consent;

b. the parcel of land is within the Maa‑nulth First Nation Area of that Maa‑nulth

First Nation;

c. the parcel of land is in an area outside of the boundaries of a Municipality

or, if within the boundaries of a Municipality, that Municipality provides written

consent;

d. the parcel of land becoming Maa‑nulth First Nation Lands will not unreasonably

restrict the expansion or development of a Municipality or the community of Bamfield;

and

e. British Columbia will not be required to assume financial or other obligations

associated with that parcel of land.

2.10.3 In addition to the matters described in 2.10.2, in

determining whether to consent to a request received in accordance with 2.10.1, British

Columbia may consider whether the parcel of land is contiguous to the existing Maa‑nulth

First Nation Lands of that Maa‑nulth First Nation and such other matters as British Columbia

considers relevant.

2.10.4 Canada will consider a request by a Maa‑nulth First Nation to

add a parcel of land to its Maa‑nulth First Nation Lands, made in accordance with 2.10.1,

if:

a. the estate in fee simple in that parcel of land is owned by that Maa‑nulth

First Nation;

b. the parcel of land is located within the Maa‑nulth First Nation Area of that

Maa‑nulth First Nation;

c. the parcel of land is in an area free from overlap with another First Nation

or, if within an area of overlap with another First Nation, that other First Nation provides

written consent; and

d. Canada will not be required to assume financial or other obligations

associated with that parcel of land.

2.10.5 In addition to the matters described in 2.10.4, in

determining whether to consent to a request received in accordance with 2.10.1, Canada may

take into account such other matters as it considers relevant.

2.10.6 If British Columbia and Canada consent to a request made in

accordance with 2.10.1, each will provide notice of its consent to the other Parties and

that parcel of land will become Maa‑nulth First Nation Lands of the applicable Maa‑nulth

First Nation upon receipt by that Maa‑nulth First Nation of notice of the consent of each of

British Columbia and Canada and Appendix B is deemed to be amended to reflect such addition

to Maa‑nulth First Nations Lands.

Acquisition and Addition of Other Provincial Crown

Lands

2.10.7 If a Maa‑nulth First Nation wishes to acquire any parcel of

land, or any portion thereof, described as "Subject Lands" in Appendix F-1 for that

Maa‑nulth First Nation it will, within 15 years of the Effective Date, provide notice to

British Columbia.

2.10.8 Within 180 days of receiving a notice in accordance with

2.10.7, British Columbia will prepare and forward to the applicable Maa‑nulth First Nation

an offer to sell the parcel of land, setting out:

a. a description of the parcel of land;

b. the purchase price of the parcel of land which, unless British Columbia and

the applicable Maa‑nulth First Nation otherwise agree, will be equal to the fair market

value of the parcel of land;

c. any Interests which the parcel of land will be subject to; and

parcel of land.

2.10.9 An offer to sell provincial Crown land made in accordance

with paragraph 2.10.8 will be open for acceptance by the applicable Maa‑nulth First Nation

for a period of one year from the receipt of such offer, after which that Maa‑nulth First

Nation is deemed to have refused the offer to sell and the offer to sell

expires.

2.10.10 If a Maa‑nulth First Nation acquires provincial Crown land

in accordance with 2.10.7 to 2.10.13, such land will be added to its Maa‑nulth First Nation

Lands upon that Maa‑nulth First Nation becoming the owner of such lands and Appendix B is

deemed to be amended to reflect such addition to Maa‑nulth First Nation Lands. If Toquaht

Nation acquires any land described as "Subject Lands" in Plan 1 of

Part 3 of Appendix F-1 in

accordance with 2.10.7 adjacent to the Provincial Road shown as "Potential Crown Corridor"

in Plan 1 of

Part 3 of Appendix F-1 that portion of such Provincial Road subsequently

bounded by the Maa‑nulth First Nation Lands of Toquaht Nation is included within the lands

identified as Crown Corridors, and Appendix D is deemed to be amended to reflect such

addition.

2.10.11 If British Columbia and the applicable Maa‑nulth First

Nation disagree on the fair market value of any provincial Crown land identified in Appendix

F-1 offered for sale in accordance with 2.10.8, that Maa‑nulth First Nation may refer the

issue to be be finally determined by arbitration in accordance with

Chapter 25 Dispute

Resolution without having to proceed through Stages One and Two.

2.10.12 Subject to 2.10.13, British Columbia will continue to manage

and use the provincial Crown lands identified in Appendix F-1 at its sole discretion and,

for greater certainty, nothing in this Agreement limits the ability of British Columbia to

authorize the use or Disposition of Forest Resources or Subsurface Resources on any lands

identified in Appendix F-1 before the acquisition of the estate in fee simple in such lands

by a Maa‑nulth First Nation.

2.10.13 For a period of 15 years after the Effective Date, British

Columbia will not, in respect of the provincial Crown lands described as "Subject Lands" in

Appendix F-1:

a. grant an estate in fee simple; or

b. grant a lease that, with any rights of renewal, may exceed 15

years,

without the consent of the applicable Maa‑nulth First Nation.

Malksope

2.10.14 At the request of Ka:'yu:'k't'h'/Che:k'tles7et'h' First

Nations, within 15 years of the Effective Date, British Columbia and

Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations will negotiate and attempt to reach agreement

that will:

a. transfer the parcel of land described in Appendix B-2,

Part 1, Plan BC141,

known formerly as the Malksope Indian Reserve, from Ka:'yu:'k't'h'/Che:k'tles7et'h' First

Nations to British Columbia; and

b. transfer provincial Crown land of equivalent fair market value, to be

identified from "Site 1" or "Site 2" of Plan 2 in

Part 2 of Appendix F-1, from British

Columbia to Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations.

2.10.15 If British Columbia and Ka:'yu:'k't'h'/Che:k'tles7et'h'

First Nations are unable to reach agreement on the fair market value of the lands identified

in 2.10.14, either Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations or British Columbia may

refer the issue to be finally determined by arbitration in accordance with

Chapter 25

Dispute Resolution without having to proceed through Stages One and Two.

2.10.16 Upon the transfer of the lands contemplated in 2.10.14,

Appendix B is deemed to be amended to reflect such addition to and removal from the

Maa‑nulth First Nation Lands of Ka:'yu:'k't'h'/Che:k'tles7et'h' First

Nations.

Acquisition and Addition of Excluded Provincial Crown

Lands

2.10.17 If, at any time, British Columbia determines that a parcel

of provincial Crown land, or any portion thereof, described as "Subject Lands" in Appendix

F-2, is surplus to provincial requirements, British Columbia will offer to sell such parcel

by providing notice to the applicable Maa‑nulth First Nation setting out:

a. a description of the parcel of land;

b. the purchase price of the parcel of land which, unless British Columbia and

the applicable Maa‑nulth First Nation otherwise agree, will be equal to the fair market

value of the parcel of land;

c. any Interests which the parcel of land will be subject to; and

land.

2.10.18 An offer to sell provincial Crown land made in accordance

with paragraph 2.10.17 will be open for acceptance by the applicable Maa‑nulth First Nation

for a period of one year from the receipt of such offer, after which that Maa‑nulth First

Nation is deemed to have refused the offer to sell, the offer to sell expires and British

Columbia may otherwise Dispose of such parcel of land.

2.10.19 If a Maa‑nulth First Nation acquires provincial Crown land

in accordance with 2.10.17 to 2.10.22, such land will be added to its Maa‑nulth First Nation

Lands upon that Maa‑nulth First Nation becoming the owner of such lands and Appendix B is

deemed to be amended to reflect such addition to Maa‑nulth First Nation

Lands.

2.10.20 For greater certainty, in determining which provincial Crown

lands described as "Subject Lands" in Appendix F-2 are surplus to provincial requirements,

British Columbia may identify requirements for Crown Corridors and exclude such corridors

from those lands and Appendix D is deemed to be amended to reflect such Crown

Corridors.

2.10.21 If British Columbia and the applicable Maa‑nulth First

Nation disagree on the fair market value of any provincial Crown land identified in Appendix

F-2 offered for sale in accordance with 2.10.17, that Maa‑nulth First Nation may refer the

issue to be be finally determined by arbitration in accordance with

Chapter 25 Dispute

Resolution without having to proceed through Stages One and Two.

2.10.22 British Columbia will continue to manage and use the

provincial Crown lands identified in Appendix F-2 at its sole discretion and, for greater

certainty, nothing in this Agreement will limit the ability of British Columbia to authorize

the use or Disposition of Forest Resources or Subsurface Resources on any lands identified

in Appendix F-2 before the acquisition of an estate in fee simple in such lands by a

Maa‑nulth First Nation.

Acquisition and Addition of Fee Simple Lands

2.10.23 If, within 15 years after the Effective Date, a Maa‑nulth

First Nation referred to in Appendix F-3 or F-4, or a Maa‑nulth First Nation Corporation,

Maa‑nulth First Nation Public Institution or Maa‑nulth‑aht of that Maa‑nulth First Nation,

becomes the registered owner of the estate in fee simple in a parcel of land, or any portion

thereof, identified for illustrative purposes as "Subject Lands" and legally described in

the applicable Part of Appendix F-3 or F-4, and:

a. where the owner of such parcel is a Maa‑nulth First Nation Corporation,

Maa‑nulth First Nation Public Institution or Maa‑nulth‑aht of that Maa‑nulth First Nation,

such owner provides written consent; and

b. the registered holder of any financial charge or encumbrance provides written

consent,

then that Maa‑nulth First Nation may provide notice to British Columbia and

Canada, that the parcel of land is to be added to the Maa‑nulth First Nation Lands of that

Maa‑nulth First Nation.

2.10.24 After receipt of a notice in accordance with 2.10.23,

BritishColumbia and Canada will each, upon satisfactory review of the consents referred to

in 2.10.23a. and b., provide confirmation to the other Parties that such parcel of land is

to be added to the Maa‑nulth First Nation Lands of the applicable Maa‑nulth First

Nation.

2.10.25 If British Columbia and Canada provide confirmation in

accordance with 2.10.24, that parcel of land will become Maa‑nulth First Nation Lands of the

applicable Maa‑nulth First Nation upon receipt by that Maa‑nulth First Nation of such

confirmation and Appendix B is deemed to be amended to reflect such addition to Maa‑nulth

First Nation Lands.

Acquisition of Fee Simple Lands through Treaty Related

Measures

2.10.26 Before the Effective Date, British Columbia, Canada and a

Maa‑nulth First Nation may, through a treaty related measure, agree to the acquisition by

Canada or British Columbia of the estate in fee simple in a parcel of land described as

"Subject Lands" in Appendix F-3 for that Maa‑nulth First Nation.

2.10.27 If British Columbia or Canada acquires a parcel of land for

a Maa‑nulth First Nation before the Effective Date in accordance with 2.10.26 and the

Capital Transfer Payment Plan is adjusted in accordance with 16.1.2, on the Effective Date

that parcel of land becomes Maa‑nulth First Nation Lands of the applicable Maa‑nulth First

Nation and Appendix B is deemed to be amended to reflect such addition to Maa‑nulth First

Nation Lands.

Continuation of Interests

2.10.28 A parcel of land added to Maa‑nulth First Nation Lands in

accordance with 2.10.0 continues to be subject to any Interest existing immediately before

the parcel of land becomes Maa‑nulth First Nation Lands, unless the holder of such Interest

otherwise agrees in writing.

2.10.29 A Maa‑nulth First Nation will own the Subsurface Resources

on lands that are added to its Maa‑nulth First Nation Lands in accordance with 2.10.0

if:

a. the estate in fee simple includes ownership of the Subsurface Resources;

b. British Columbia and the applicable Maa‑nulth First Nation

agree.

2.10.30 For greater certainty, a Maa‑nulth First Nation's ownership

of Subsurface Resources is subject to any Subsurface Tenures existing immediately before the

acquisition of the parcel of land by the Maa‑nulth First Nation and those Subsurface Tenures

continue to be administered by British Columbia in accordance with 4.2.0.

2.10.31 The total amount of the estate in fee simple identified in

2.11.8 for a Maa‑nulth First Nation increases by five percent of the area, in hectares, of

the estate in fee simple added in accordance with 2.10.0 to the Maa‑nulth First Nation Lands

of that Maa‑nulth First Nation.

Other Matters

2.10.32 Unless otherwise agreed by the applicable Maa‑nulth First

Nation, Canada and British Columbia, neither Canada nor British Columbia is responsible for

the costs associated with the survey, registration and transfer of any parcel of land

acquired by that Maa‑nulth First Nation following the Effective Date.

2.10.33 For greater certainty, Canada is not required to assume

financial or other obligations in respect of any addition to Maa‑nulth First Nation Lands

made in accordance with 2.10.0.

2.11.0 PROVINCIAL EXPROPRIATION OF MAA‑NULTH FIRST NATION

LANDS

General

2.11.1 British Columbia acknowledges as a general principle that

where it is reasonable to use other means, expropriation of Maa‑nulth First Nation Lands

will be avoided.

2.11.2 Subject to this Chapter, any Interest in Maa‑nulth First

Nation Lands may be expropriated by and for the use of a Provincial Expropriating Authority

in accordance with provincial legislation and with the consent of the Lieutenant

Governor-in-Council.

2.11.3 Where a Provincial Expropriating Authority has determined

that it must use Maa‑nulth First Nation Lands, the Provincial Expropriating Authority will

make reasonable efforts to acquire the necessary Interest through agreement with the

applicable Maa‑nulth First Nation.

2.11.4 Any expropriation of Maa‑nulth First Nation Lands by a

Provincial Expropriating Authority will be of the smallest Interest necessary and for the

shortest time required.

2.11.5 The value of the expropriated Interest will be based on the

criteria used to determine compensation under the provincial Expropriation

Act .

2.11.6 If the Provincial Expropriating Authority and the applicable

Maa‑nulth First Nation disagree on the value of the expropriated Interest, either that

Maa‑nulth First Nation or British Columbia may refer the issue to be finally determined by

arbitration in accordance with

Chapter 25 Dispute Resolution without having to proceed

through Stages One and Two. A Disagreement regarding the value of the expropriated Interest

will not delay the expropriation.

2.11.7 The applicable Maa‑nulth First Nation will be responsible for

providing compensation to the holder of any Interest in its Maa‑nulth First Nation Lands

that may be expropriated by a Provincial Expropriating Authority in accordance with 2.11.0,

and the holder of any such expropriated Interest has no recourse against British Columbia or

the Provincial Expropriating Authority for compensation.

Expropriation of an Estate in Fee Simple

2.11.8 Subject to 2.10.31 and 2.11.30, the total amount of the

estate in fee simple in Maa‑nulth First Nation Lands that may be expropriated by Provincial

Expropriating Authorities is as follows:

a. from the Maa‑nulth First Nation Lands of Huu‑ay‑aht First Nations,

410 hectares;

b. from the Maa‑nulth First Nation Lands of Ka:'yu:'k't'h'/Che:k'tles7et'h' First

Nations, 315 hectares;

c. from the Maa‑nulth First Nation Lands of Toquaht Nation, 70

hectares;

d. from the Maa‑nulth First Nation Lands of Uchucklesaht Tribe, 150 hectares;

and

e. from the Maa‑nulth First Nation Lands of Ucluelet First Nation,

270 hectares.

2.11.9 Notwithstanding 2.11.4, where an estate in fee simple in

Maa‑nulth First Nation Lands is expropriated by a Provincial Expropriating Authority, the

expropriation will include the estate in fee simple in Subsurface Resources unless British

Columbia and the applicable Maa‑nulth First Nation otherwise agree.

2.11.10 Where a Provincial Expropriating Authority expropriates the

estate in fee simple in Maa‑nulth First Nation Lands, those lands are no longer Maa‑nulth

First Nation Lands and Appendix B is deemed to be amended to reflect such removal of lands

from Maa‑nulth First Nation Lands.

2.11.11 Where an estate in fee simple in Maa‑nulth First Nation

Lands is expropriated by a Provincial Expropriating Authority other than a provincial

ministry or Crown corporation, that Provincial Expropriating Authority will provide that

Maa‑nulth First Nation with compensation under the provincial Expropriation

Act .

Provincial Crown Land as Replacement Lands

2.11.12 Where a