Peace River Regional District

Staff Initials: Dept. Head: CAO: Page 1 of 2

REPORTTo: Chair and Directors Date: October 4, 2016

From: Bruce Simard, General Manager of Development Services

Subject: Referral from Ministry of Aboriginal Relations and Reconciliation forLand and Wildlife Measures under the Halfway River First Nation and British ColumbiaGovernment-to-Government Agreement

RECOMMENDATION(S):

Regional Board direction required.

BACKGROUND/RATIONALE:

At the September 22, 2016 meeting the Regional Board heard a delegation from the Ministry ofAboriginal Relations and Reconciliation (MARR) regarding the Land and Wildlife Measures underthe Halfway River First Nation and British Columbia Government-to-Government Agreement.

Following on the presentation, MARR has submitted a letter dated Sep 23, 2016 providing theRegional District with an opportunity to comment on the Land and Wildlife Measures under theHalfway River First Nation and British Columbia Government-to-Government Agreement.

MARR has requested comments returned by October 21, 2016.

OPTIONS:

1. THAT the Regional Board receive the September 23, 2016 referral from Ministry of AboriginalRelations and Reconciliation for “Land and Wildlife Measures under the Halfway River FirstNation and British Columbia Government-to-Government Agreement”.

2. THAT the Regional Board respond to the September 23, 2016 referral from Ministry of AboriginalRelations and Reconciliation for “Land and Wildlife Measures under the Halfway River FirstNation and British Columbia Government-to-Government Agreement”, that the Board has noobjections to the agreement.

3. THAT the Regional Board provide direction for comments to return.

STRATEGIC PLAN RELEVANCE:

FINANCIAL CONSIDERATION(S):

COMMUNICATIONS CONSIDERATION(S):

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Report – Chair and Directors«Date» Page 2 of 2

OTHER CONSIDERATION(S):

Attachments:· Referral letter from Ministry of Aboriginal Relations and Reconciliation (Sep 23, 2016)· Ministry of Aboriginal Relations and Reconciliation power point presentation (Sep 22, 2016)

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Ministry of Aboriginal Relations and Reconciliation

Northeast Region Mailing Address:

370 10003 – 110th Avenue Fort St. John, BC V1J 6M7

Tel: (250) 261-2072Fax: (250) 787-3219

September 23, 2016

Peace River Regional District

9505 – 100 Street

Fort St John, BC

V1J 4N4

Re: Land and Wildlife Measures under the Halfway River First Nation and British Columbia

Government-to-Government Agreement

Attn: Peace River Regional District,

The Province of British Columbia and Halfway River First Nations (“HRFN”) are currently

working together on the negotiation of a Government-to-Government (“G2G”) Agreement. G2G

Agreements are intended to support an enduring and mutually beneficial relationship between the

Province and HRFN and to reconcile Provincial interests with HRFN’s constitutionally protected

rights under Treaty No. 8.

Currently, the Province and HRFN are contemplating various land and wildlife measures as

components of a final G2G Agreement. Prior to agreement finalization (anticipated December,

2016), the Province and HRFN are seeking input on how contemplated measures under the

G2G Agreement may impact stakeholder interests.

Enclosed you will find:

An information sheet summarizing the contemplated land and wildlife measures and

answering key questions regarding the G2G Agreement;

Two (2) maps to support the Peace River Regional District’s review; and

A HRFN community overview document.

The Province recognizes that Peace River Regional District is a Local Government in proximity

to this area. As such, your comments are requested with regard to how the proposed measures

may impact your interests and will be considered in the process of finalizing the G2G

Agreement. Your review of the attached information and the attached maps is appreciated.

If Peace River Regional District has comments, require additional information or would like to

meet, please respond to: Jocelyn Paul, Regional Negotiator at (250) 787-3277 or

Jocelyn.Paul@gov.bc.ca .

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Regards,

Jocelyn Paul

Regional Negotiator, Ministry of Aboriginal Relations and Reconciliation

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Halfway River First Nation-BC Government-to-Government Agreement HRFN Community Overview

Background

Originally part of the Hudson Hope Band, Halfway River First Nation adhered to Treaty 8 in 1914. The Halfway River First Nation cultural and linguistic group is Dunne-zaa (Beaver).The Dunne-za mode of life is characterized by a traditional seasonal round. As part of the Dunne-za traditional seasonal round, people follow the movement of game to specialized habitats that support particular species during different parts of the year.

Governance

Halfway River First Nation currently elects their Chief and Council under the election system described under the Indian Act. Halfway River First Nation held their last election in December 2015 and elections are held every two years. The current members of Chief and Council are:

Title Name

Chief Darlene Hunter

Councillor William Field

Councillor Cynthia Wolter

In September 2016, the community is voting in a referendum to approve a custom election code. If approved, Halfway River First Nation will implement a family representative governance system consisting of 6 family representative Councillors and 1 Chief. Under the new custom election code members of Chief and Council will hold terms of four years and elections are staggered every 2 years. If ratified, the new custom election code will take effect in December 2017.

Location

Prior to the 1960s, the community of Halfway River First Nation was located in Chowade (Stoney). Halfway River First Nation’s main community is now located on Halfway River IR No. 168, located on the north bank of the Halfway River, approximately 120 km northwest of Fort St. John, on Highway 117.

Membership

Registered Population as of May 2016: 282

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Halfway River First Nation-BC Government-to-Government Agreement

Information Sheet

Background

Halfway River First Nation (“HRFN”) is an adherent to Treaty No. 8. When making resource management and land use decisions in the Treaty 8 area, the Province must balance HRFN’s constitutionally protected rights with broader societal interests. The negotiation of a Government-to-Government (“G2G”) Agreement between the Province and HRFN helps achieve this balance through land measures for cultural areas significant to HRFN and the development and implementation of measures to improve wildlife management within areas where HRFN exercises treaty and aboriginal rights.

The Province and HRFN are seeking advice on how the proposed measures under the G2G Agreement may impact stakeholder interests prior to finalization of the agreement implementation. This document summarizes the land and wildlife measures and answers key questions regarding the land and wildlife measures proposed.

Summary of Land and Wildlife Measures

Tsaa Nuna (CP 212)

Located south of HRFN’s reserve, Tsaa Nuna (CP 212) is an area of historical and culturalsignificance to HRFN members and is approximately 14,000 ha in size. (please refer to the TsaaNuna Map contained in the Stakeholder Engagement Information Package).

HRFN and the Province are seeking to balance the Province’s interest in the natural gas resourcein the area with HRFN’s interest that future generations can continue to practice their rights closeto their community. The Province and HRFN are contemplating protection measures including therecommendation of the establishment of a conservancy under the Park Act or the ProtectedAreas of British Columbia Act.

Lands of interest to HRFN under the separate Treaty Land Entitlement (“TLE”) negotiationprocess are also being contemplated within Tsaa Nuna.

To ensure a balanced and sensitive approach for access to the subsurface resource, the draftG2G Agreement requires a planning process with HRFN that will develop recommendations foraccess to the petroleum and natural gas resources underlying Tsaa Nuna.

Other Identified Areas

The Province and HRFN have identified other significant cultural use areas that are of highinterest to HRFN for the exercise of their Treaty 8 rights.

In these identified areas, the G2G Agreement commits to a planning process with HRFN torecommend special management measures that meet mutual objectives.

Examples of special management measures may include, but are not limited to, theimplementation of mechanisms such as: Ungulate Winter Ranges (Wildlife Act); Heritage Sites(Heritage Conservation Act); Old Growth Management Areas (Forest Act and the Forest andRange Practices Act.); Section 15, 16 or 17 under the Land Act.

HRFN and the Province will engage with potentially affected stakeholders in this planningprocess.

Collaborative Wildlife Management

The G2G Agreement commits HRFN and the Province to develop a Moose ManagementFramework that compliments the regional moose planning process that is underway in key areasof interest for HRFN. The moose management framework will include: principles of wildlifemanagement and piloting of a monitoring program to better understand harvesting activities andmoose health. Outcomes of this work may result in; recommendations to Statutory Decision-Makers (SDMs) on protection measures, regulatory proposals and habitat management.

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Question & Answer

1. What does the G2G Agreement accomplish?

The G2G Agreement strengthens the Province’s and HRFN’s relationship and commits theparties to work collaboratively on resource stewardship in HRFN’s territory.

The G2G Agreement seeks to achieve the balance between HRFN’s constitutionally protectedrights with broader societal interests that may include economic development, recreationalopportunities and continued access to key areas.

The G2G Agreement seeks to achieve a number of Provincial objectives including improvedcertainty for land and resource development in the northeast.

2. How will stakeholder interests be considered in the finalization of the G2G Agreement and duringimplementation?

Between now and the finalization of the G2G Agreement, anticipated in December of 2016, theProvince seeks to understand and consider how the interests of stakeholders may be impactedby contemplated land and wildlife measures.

Consultation with stakeholders will continue after the G2G Agreement is finalized during theimplementation of G2G Agreement commitments.

Once the planning process commitments are underway, any recommendation regarding land andwildlife measures will be informed by consultation with affected third parties and the public withthe goal of addressing impacts, as appropriate.

3. Are any lands being transferred to HRFN under this agreement?

No lands will be transferred under the G2G Agreement. Special management and protectionmeasures are being contemplated in addition to planning process commitments to meet mutuallyagreeable objectives for both HRFN and the Province.

4. Are effects on recreational use and access to Tsaa Nuna and other identified areas anticipatedunder the G2G Agreement?

The G2G Agreement is contemplating the establishment of a Conservancy in Tsaa Nuna ofintended to protect important cultural areas used regularly by HRFN members. Recreationalactivities would be compatible with the conservancy designation.

For lands of interest to HRFN under the separate Treaty Land Entitlement (TLE; see below)negotiation process, should the identified lands be included as an outcome of TLE negotiations,any existing access to lands beyond the parcels would be maintained either by surveyed right ofway or alternate access.

The G2G Agreement commits to a planning process with HRFN, to recommend specialmanagement measures that meet mutual objectives in areas of high interest to HRFN for theexercise of their Treaty 8 rights. Such measures would not restrict access for recreational use.

5. What is Treaty Land Entitlement?

Under the terms of Treaty 8, Canada promised to set aside reserves based on a per capitaformula. Treaty Land Entitlement negotiations are intended to settle a recognized shortfall inreserve lands owed to HRFN under Treaty 8 since 1914.

In negotiations to settle these claims, Treaty 8 First Nations are seeking to reserve land to makeup for the shortfall along with compensation for the loss of use of the land over the past 102 yearssince they entered into Treaty 8 with Canada.

The Province of British Columbia has participated at the TLE negotiation table since 2004.

6. Are effects on economic development opportunities in Tsaa Nuna anticipated under this G2GAgreement?

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The Province and HRFN are committed to balance the conservation and maintenance of thenatural and heritage resources within Tsaa Nuna with the recovery of high value natural gasunderlying that area.

Land measures and agreement processes will direct the way in which tenuring and surfaceactivities may occur in Tsaa Nuna.

HRFN and the Province share a common goal to create more effective and efficient process fornatural resource development activities that full under the G2G Agreement. Consultationprocesses under the G2G Agreement will not apply to coal and oil and gas permitting activities.Consultation processes for coal and oil and gas activities are carried out under separateagreements between HRFN and the Province.

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Sept 22 2016

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Purpose

• Overview of the stakeholder engagement process

• Set the context for Provincial Northeast FirstNations Negotiations, and Site C Impact BenefitAgreements

• Provide an update and information regarding:

– Halfway River First Nations G2G Agreement

– Site C Tripartite Land Agreements (a component ofIBA’s)

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Stakeholder Engagement Objectives

• Identify allpotentiallyimpactedstakeholders

Planning

• Engage &addressstakeholderconcerns

Negotiation

• Notifystakeholders

Final Agreement

• Consult/engage asneeded toimplement

Implementation

Referral letter, meetings, issue tracking

Letter, public announcement, BC Gov. website

Legislated consultation procedures

(Land Act, etc.) Tools

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Stakeholder Engagement Outcomes

• The Province will consider interests raised by stakeholders throughout the process

• Feedback can help inform negotiations and implementation

• Consider opportunities where there may be common interests

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Context: Treaties in Canada

Treaties No. 1-7 were signed in the 1870’s

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Government to Government

(G2G)

Sector/Project Specific Agreements (Site C,

Oil/Gas, Coal)

Strategic Initiatives (RSEA, Wildlife, Water)

Federal: Treaty Land Entitlement (TLE) Specific

Settlement

Northeast Agreements/

Initiatives

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General Land Selection Criteria

• Avoid compensation and stranding resources• Dovetail areas with stewardship initiatives• Proximity to First Nations community preferred• Consider future needs of adjacent communities• Contiguous: minimize admin costs & avoid “checkerboard”• Fee simple lands subject to willing buyer/willing seller basis• Where applicable, consider objectives developed in Land

Use Plans• Avoid interrupting public access to lands for recreational

opportunities

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Why G2G Agreements?

• Treaty 8 establishes rights at a high-level, …it does not give specific guidance.

• We must determine:

– How we will work together

– How to fulfill Treaty commitments

• G2G creates a common framework for working together

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G2G Framework - Relationship & Stewardship

G2G

Relationship

Strategic Initiatives

(e.g. Wildlife)

Land component

Financial Benefits

Revenue Sharing

Community Development

Funding

Consultation Processes

Natural Resources

Coal Oil & Gas

Regional initiatives E.g. moose,

caribou,water,

cumulative effects)

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G2G Negotiation Status

First Nation Status Land Components

Saulteau First Nations NRRA Complete PMT, Twin Sisters/ Other

Halfway River First Nation G2G Advanced CP 212/ other

McLeod Lake Indian Band Advanced n/a

Doig River First Nation G2G Early discussions Early discussions

West Moberly First Nation Early discussions Early discussions

Prophet River First Nation Early discussions Early discussions

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Halfway River First Nation

Government to Government Agreement

Land Commitments

CP 212 (Tsaa Nuna)

• an area of historical and cultural significance to HRFNmembers.

• seeking to balance the Province’s interest in the natural gasresource in the area

• contemplating establishment of a conservancy under theProtected Areas of British Columbia Act.

• Treaty Land Entitlement (“TLE”) lands are also beingcontemplated within Tsaa Nuna.

Other Identified Areas

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Tsaa Nuna (CP 212): Conservancy and other measures proposed

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Halfway River First Nation

Government to Government Agreement

Land Commitments

Other Identified Areas

• Halfway have identified other significant cultural use areas that are of high interest for the exercise of their Treaty 8 rights.

• In these identified areas, the G2G Agreement commits to a planning process with HRFN to recommend special management measures that meet mutual objectives.

• Examples of special management measures may include, mechanisms such as: Ungulate Winter Ranges (Wildlife Act); Heritage Sites (Heritage Conservation Act); Old Growth Management Areas (Forest Act and the Forest and Range Practices Act.); Reserves under the Land Act.

• The Province will engage with potentially affected stakeholders in this planning process.

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Halfway River

First Nation

Identified

Areas

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Key Considerations:

Stakeholder Engagement: • Referral packages to key stakeholders and industry groups• Feedback will inform final agreement• Ongoing engagement through implementation

Nature of Land Measures: • Intend to balance conservation and economic objectives• **No land transfers or change to jurisdiction under G2G

Recreational Use and Access: • Compatible with Conservancy designation• Special management measures will not restrict access or recreational

use

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Site C Impact Benefit Agreement

– Site C is the largest public investment project in the history of British Columbia.

– Site C will have impacts on Treaty 8 First Nations’ Treaty rights. A commitment to accommodate these impacts has been made through the Impact Benefit Agreements (IBAs).

– Some IBA’s will likely consist of three components: revenue streams, contracting opportunities and land transfers/protection.

– Revenue stream and contracting opportunities are between BCH and First Nations. The Province is party to the land agreements. 16

What is a Tripartite Land Agreement, and why is

BC Hydro and BC negotiating one?

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Site C Impact Benefit Agreements

• The Tripartite Land Agreements (TLA):

– Specifies an amount of crown land that will betransferred;

– gives one year to identify lands of interest, and

– one year for BC to undertake public andstakeholder engagement on proposed lands.

– may also include land protection measures.

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Site C Impact Benefit Agreements

McLeod Lake Indian Band Update

• Three of the four parcels initially identified aslands of interest in the NE are no longer underconsideration.

• The Chetwynd 3d parcel remains land ofinterest and engagement with stakeholders onthis parcel, and the 10 other parcels in theOmineca, is ongoing. 18

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PROPOSED: SUBJECT TO FURTHER CHANGE

LOCATION: Chetwynd 3d

PARCEL AREA (ha): 53.28 hectares

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Additional Questions?

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