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THE NISGA'A FINAL AGREEMENT - GENERAL


TABLE OF CONTENTS - ISSUES PAPERS

NISGA'A FINAL AGREEMENT ACT

FINAL AGREEMENT CONTEXT


  1. The Nisga'a Final Agreement Within the Canadian Legal Context

  2. Relationship to the Constitution of Canada
    The Charter of Rights and Freedoms
    Relationship to Federal and Provincial Laws
    Aboriginal Rights of Other First Nations
    The Rights of Other Canadians
    The Rights of Women
    Conclusion
  3. Overview - Treaties in Canada and British Columbia

  4. Historical Background
    History of Nisga'a Claims
    The Federal Comprehensive Claims Policy
    Inherent Right Policy
    The British Columbia Treaty Making Process
    Nisga'a Treaty Negotiations

  5. Aboriginal and Treaty Rights in Canada

  6. Sparrow
    Delgamuukw

  7. The Nisga'a People of The Nass River Valley

  8. The Nass River Valley
    The Nisga'a People and Their Communities
    Conclusion

  9. Consultation Process

  10. Overview of Advice
    Consultation Structure
    Local and Regional Consultations
    The Treaty Negotiation Advisory Committee (TNAC)
    Federal Legislation
    Other Government Departments
    Summary of Advice Incorporated into Final Agreement

    THE NISGA'A FINAL AGREEMENT ACT


  11. The Nisga'a Final Agreement Act

  12. Force of Law Approach
    The Nisga'a Nation Taxation Agreement
    Consequential Amendments
  13. Certainty

  14. Evolution of Certainty Technique
    Modification of Rights Approach in the Nisga'a Final Agreement
    Summary of Certainty Provisions in the Nisga'a Final Agreement

  15. Language and Culture

  16. Relationship to Nisga'a Government Authorities
    Repatriation of Nisga'a Cultural Artifacts
    Continuing Cooperation with the Canadian Museum of Civilization
    Heritage

  17. Final Agreement Participation and Ratification

  18. Who is Eligible to Participate?
    What is a "Nisga'a Citizen?"
    Ratification of the Final Agreement
    Effective Date

  19. Ongoing Relationships

  20. Side Agreements and Future Negotiations
    Local and Regional Government Relationships
    Dispute Resolution
    Consultation
    Amendment of the Final Agreement
    Implementation

    THE NISGA'A FINAL AGREEMENT - LANDS


  21. Nisga'a Lands

  22. Categories of Nisga'a-owned Lands
    The Ownership of Nisga'a Lands
    Submerged Lands
    Land Acquisition by the Province of British Columbia
    Federal Expropriation of Nisga'a Lands or Fee Simple Lands
    British Columbia's Land Title System and Nisga'a Lands
    Parks, the Ecological Reserve and Heritage Sites
    The Commercial Recreation Tenure
    Map of Nisga'a Lands and Category A & B Lands

  23. Existing Interests

  24. Existing Privately-Owned lands
    Replacement Tenures
    New Tenures

  25. Access and Nisga'a Lands

  26. Overview
    Public Access to Nisga'a Lands
    Crown Access to Nisga'a Lands
    Access to Private Land and Property Interests

  27. Roads and Rights of Way

  28. The Nisga'a Highway
    Crown and Private Roads
    Provincial Acquisition of Future Rights-of-Way
    Utility Rights-of-Way
    Nisga'a Roads

    THE NISGA'A FINAL AGREEMENT - RESOURCES


  29. Forestry

  30. Background
    Ownership of Forest Resources
    The Forestry Transition Period
    Nisga'a Regulation of Forest Practices on Nisga'a Lands
    Protection of the Forest
    Timber Processing
    Nisga'a Acquisition of Additional Forest Tenures

  31. Fisheries

  32. Background
    Rights to Harvest and Harvest Allocations
    Disposition of Salmon and Other Species
    Future Allocations of Non-salmon Species
    Fisheries Management
    The Lisims Fisheries Conservation Trust
    Participation in the General Commercial Fishery
    International Arrangements
    Processing

  33. Wildlife and Migratory Birds

  34. Background
    Rights to Harvest and Harvest Allocations
    Dispositions of Wildlife and Migratory Birds
    Wildlife and Migratory Bird Management
    Trapping and Guiding

  35. Water Resources

  36. Background
    The Nisga'a Water Reservation
    The Hydro Reservation

    THE NISGA'A FINAL AGREEMENT - GOVERNMENT


  37. Nisga'a Government

  38. The Structure of Nisga'a Government
    The Nisga'a Constitution
    Relationship with Nearby Residents
    Accountability

  39. Law-Making Authorities and Relationships

  40. The Concurrent Model and the Relationship of Laws
    Principal Nisga'a Government Authorities
    Authorities Contingent on Federal/Provincial Standards
    Authorities Where Federal/Provincial Laws Prevail
    Areas of No Nisga'a Law-Making Authority
    Other Authorities and Exceptions
    Conclusion

  41. Administration of Justice

  42. Policing
    Corrections
    Courts

  43. Environmental Assessment and Protection

  44. Environmental Assessment Processes
    Environmental Protection

    THE NISGA'A FINAL AGREEMENT - FISCAL ISSUES


  45. Costs Related to the Nisga'a Final Agreement

  46. One-time Costs
    Ongoing Costs

  47. Taxation

  48. Transition from Indian Act Exemption
    Tax Authorities
    Tax Exemptions
    Effect on Other Residents

  49. Programs and Services

  50. Existing Programs and Services
    Existing Funding Arrangements
    Proposed Funding Arrangements
    How the Nisga'a Will Contribute
    The Ongoing Fiscal Relationship


Nisga'a Final Agreement Act: Issue Papers (PDF 430 Kb) in PDF format.

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  Last Updated: 2004-04-23 top of page Important Notices