GROUNDBREAKING AGREEMENT FOR TLA-O-QUI-AHT

The Province and Tla-o-qui-aht First Nations have signed an Incremental Treaty Agreement (ITA) which ties pre-treaty benefits to progress in the treaty process. This is the first ITA to be signed between B.C. and a First Nation.

Staged benefits under the ITA

The benefits are transferred upon completion of treaty negotiation milestones and are considered an advance on a portion of provincial share of a future treaty settlement package.

The milestones are:

On signing the ITA:

· Lot 124 (16.3 hectares) to be transferred as soon as is possible after signing of the ITA.

· First right of refusal to purchase DL 129 if no longer required for an emergency reservoir.

· $100,000 for capacity building.

Land selection negotiations for Agreement-in-Principle (AIP) substantially complete:

· $150,000 for capacity building.

On achieving an Agreement-in-Principle (AIP):

· Lot 121 (16.2 hectares) to be transferred as soon as is practicable after the AIP date.

AIP anniversary dates:

· $150,000 to be paid on the first anniversary of the initialling of the agreement on AIP land selections.

· $200,000 to be paid on the second anniversary of the initialling of the agreement on AIP land selections.

On initialling Final Agreement:

· Lot 120, eastern portion (12.1 hectares) to be transferred as soon as is practicable after the Final Agreement is initialled.

On Signing a Final Agreement

· Lot 120, western portion (16.5 hectares) and Lot 128 (2 hectares) to be transferred as soon as is practicable after the final agreement is signed.

Lot 124, 121 and 120 are located on the west side of the Tofino peninsula near the on-reserve Tin Wis Best Western resort, owned by the Tla-o-qui-aht First Nations. Lot 128 is located on the eastern side of the Tofino peninsula

Total land to be transferred consists of five provincial land parcels located within the District of Tofino, totalling approximately 63 hectares, with a sixth Crown land parcel offered for sale to Tla-o-qui-aht at fair market value if in the future it is no longer needed by the District of Tofino for emergency reservoir purposes.

All land parcels will be transferred to the First Nation in fee simple. The land remains under local government jurisdiction and is subject to local zoning rules and property taxation. Tla-o-qui-aht may develop the lands in accordance with Tofino bylaws and Official Community Plan.

Benefits of ITA to Tla-o-qui-aht First Nations:

· Demonstrates the commitment of all parties to concluding a Final Agreement.

· Provides the Tla-o-qui-aht First Nations with incremental treaty benefits in the form of land and cash in advance of the final agreement in the spirit of the New Relationship.

· Provide funding to support capacity building to help the First Nation effectively implement a final agreement.

· Facilitates the establishment of a secure source of water for the District of Tofino for the benefit of Tofino-area residents, including Tla-o-qui-aht members.

Benefits of ITA to B.C.:

· Provides additional certainty over the land base within Tla-o-qui-aht’s asserted traditional territory during the interim period prior to the effective date of the treaty.

· Commits Tla-o-qui-aht First Nations not to initiate any court action against the Province in matters relating to Aboriginal rights and title during the term of the agreement.

· Provides, at B.C.’s request, for joint participation in developing a consultation process with the Integrated Land Management Bureau regarding Crown Land tenures.

· Confirms the First Nations’ support for issuing a provincial Crown land tenure on the Tofino peninsula to the Tofino municipality to develop an emergency water reservoir.

· Commits Tla-o-qui-aht First Nations to withdrawing from the Ahousaht fisheries litigation at the time the Final Agreement is signed on the same basis as the Maa-nulth First Nation litigants.

The ITA is an agreement between British Columbia and Tla-o-qui-aht First Nations. Canada is not party to the ITA, however B.C. and Canada have reached an agreement on cost-sharing for lands included in the ITA, which are considered an advance on a future treaty. Canada will be involved in tri-partite discussions to achieving an AIP and final agreement.

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Media contact:	Bridgitte Anderson Press Secretary Office of the Premier 604 307-7177	Tewanee Joseph Media Relations Tla-o-qui-aht First Nations 604 787-8111
	Maria Wilkie Communications Director Ministry of Aboriginal Relations and Reconciliation 250 953-3211 250 361-7720
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