Maa-nulth First Nations Final Agreement Implementation: Report 2013-2014

Maa-nulth First Nations Final Agreement

The Maa-nulth First Nations Final Agreement is the first modern-day treaty to be concluded on Vancouver Island, home to more than 50 First Nations. The result of more than 15 years of negotiation, it is also the first multi-nation treaty concluded under the BC Treaty Commission process.

The five Maa-nulth First Nations voted in favour of accepting the Treaty by October 2007. The Treaty was ratified by the British Columbia Legislature and received Royal Assent on November 29, 2007. On June 18, 2009 the Treaty was ratified and received Royal Assent by Canada's Parliament and Senate. The Effective Date of the Treaty was April 1, 2011. On that day, at 12:01 a.m., the people of the Maa-nulth First Nations — together with fellow British Columbians and Canadians — celebrated their collective achievement with ceremonies, drumming, fireworks, and tears.

The Treaty is intended to remove barriers to socioeconomic prosperity by settling claims of Aboriginal rights to land and resources, and by enabling each of the five Maa-nulth First Nations to govern themselves. As a comprehensive agreement that both settles the Maa-nulth First Nations' land claims and establishes their self-government, the Treaty:

• establishes 24,550 hectares of Maa-nulth First Nations Lands ("Treaty Settlement Lands" or "TSL");
• provides the Maa-nulth First Nations Capital Transfers of $96.7 million;
• sets out how Canada, British Columbia, and the Maa-nulth First Nations will share benefits from natural resources, and how those resources will be managed;
• establishes, within the Canadian Constitution, democratically-elected Maa-nulth First Nations governments with powers to make laws (in 33 general areas), deliver programs, manage lands and resources, protect and enhance culture, and collect taxes;
• provides tools for new government-to-government relationships between Canada, British Columbia, and the Maa-nulth First Nations.

The next sections of this report explain what the Treaty changed regarding lands, resources, and governance. The sections for the individual Maa-nulth First Nations describe, for the reporting period April 1, 2013 to March 31, 2014, activities made possible by these changes to improve social and economic conditions on Treaty Settlement Lands.

For the complete text of the Treaty, visit: Maa-nulth First Nations Final Agreement

Treaty Settlement Lands

Before the Effective Date, a Maa-nulth First Nation could not own land because, as an Indian Act "band," it was not legally recognized as an entity capable of doing so. Maa-nulth First Nations Reserves, many of which were small and isolated, were legally owned by Canada for the use and benefit of the Indian bands. Under the Indian Act, Canada was required to approve certain decisions for the use of those Reserves.

The Treaty provides each Maa-nulth First Nation with full legal personhood capable of owning land. The former Reserves no longer exist, having been included in what are now Treaty Settlement Lands. The Treaty recognizes each Maa-nulth First Nation as the owner of their Treaty Settlement Lands, totaling 24,550 hectares, in fee simple, being the greatest extent of ownership known in Canadian al w. The Treaty also recognizes their ownership of subsurface resources under most Treaty Settlement Lands (subject to existing tenures), not typically included with fee simple ownership, as well as their legislative authority over those lands.

Ownership of their Treaty Settlement Lands allows the Maa-nulth First Nations to access the capital value of those lands to secure financing for development, including residential construction and other long-term economic benefits. Ownership of subsurface resources allows the Maa-nulth First Nations governments to set fees, royalties, and other charges to explore, develop, and extract those resources.

Ownership, governance, and stewardship of their Treaty Settlement Lands and resources allow the Maa-nulth First Nations to grow their economies and develop their societies in the manner they determine best, respectful and mindful of their culture and traditions.

Surveys & Registry

The Treaty indicates that the outer boundaries of Maa-nulth First Nations Lands are to be described by legal surveys. In cases where adequate legal surveys did not already exist, "initial surveys" were to be completed either before the Effective Date or as soon as practicable afterward. Prior to the Effective Date, Canada completed all required surveys in respect of former Indian Reserves, and British Columbia completed surveys of those former provincial Crown lands required by the Treaty to be registered on the Effective Date in the Victoria Land Title Office, plus several other parcels of former provincial Crown Land.

Additions to Treaty Settlement Lands

The Treaty sets out processes where the Maa-nulth First Nations may add to their Treaty Settlement Lands through future purchases. The Treaty also sets out processes for rare and unlikely circumstances where Canada or British Columbia may need to expropriate land.

The Treaty, in Appendix F-1 through F-4, identifies preselected parcels of land that the Maa-nulth First Nations may purchase and add to Maa-nulth First Nations Treaty Settlement Lands. Shortly after Effective Date, Toquaht Nation requested to purchase a parcel listed in Appendix F-1.

Forest Resources

The Treaty resolves questions about who owns forest resources and gains the economic benefits of logging. Under the Treaty, the Maa-nulth First Nations own all forest and range resources on their Treaty Settlement Lands. This ensures that the Maa-nulth First Nations control the management and harvesting of trees and non-timber resources both for traditional and commercial purposes.

The Treaty also provides that each Maa-nulth First Nation will be paid a share of annual resource revenues generated within that nation's Treaty Areas, for a 25-year period commencing on the Effective Date. The revenue sharing formulas are based on provincial stumpage revenues. The total paid to the Maa-nulth First Nations in the third year of the Treaty was $903,051. Details of these payments are provided in the Financial Matters section of this report.

In addition, the Treaty enables the Maa-nulth First Nations to export logs internationally from their TSL, exempt from provincial raw log export restrictions. Canada has redesigned its procedures to allow raw log export permits to be issued to self-governing Aboriginal groups including the Maa-nulth First Nations.

Wildfire Suppression & Control

On the Effective Date, Canada and British Columbia entered a Wildfire Suppression Agreement with each Maa-nulth First Nation that sets out how the costs incurred by British Columbia for wildfire control on Treaty Settlement Lands (for wildfires that originate on those lands) will be shared by British Columbia, Canada, and individual Maa-nulth First Nations. Costs are based on the actual forest fires that occur, with a formula to make manageable regular payments. British Columbia and the Maa-nulth First Nations will continue this arrangement indefinitely, while Canada will decide whether to continue its participation in the agreement after ten years.

Treaty Areas

The Treaty confirms agreement on defined Maa-nulth First Nations Areas, Domestic Fishing Areas, and Wildlife and Migratory Birds Harvesting Areas, which encompass the traditional territories of the Maa-nulth First Nations.

Within these areas the Maa-nulth First Nations may exercise non-exclusive rights recognized in the Treaty. These include rights to harvest Migratory Birds, Wildlife and Fish and Aquatic Plants for food, social and ceremonial purposes as set out in the Treaty. The role of the Maa-nulth First Nations within the Maa-nulth First Nations Areas is further articulated in Chapter 6 of the Treaty and includes economic development opportunities, the ability to participate in joint governance activities with Canada and British Columbia, and the ability to participate in and exercise certain rights regarding cultural activities.

Environmental Assessment

The Maa-nulth First Nations are entitled to timely notice and participation in environmental assessments, under federal or provincial legislation, for any projects within their Treaty Areas that may reasonably be expected to adversely affect TSL or treaty rights. As well, no project on Treaty Settlement Land can proceed without the consent of the Maa-nulth First Nation that owns the land.

In addition to providing comments on the scope, environmental effects, and mitigation measures, the Maa-nulth First Nations participate on technical working groups with federal departments. Since the Effective Date, the Maa-nulth First Nations have been participating in the federal environmental assessment of the proposed Raven Underground Coal Mine.

Migratory Birds & Wildlife

Similar to the Domestic Fishing Areas, the Treaty sets out a defined Migratory Bird Harvest Area and a Wildlife Harvest Area for the Maa-nulth First Nations to harvest for Domestic Purposes (i.e. food, social, and ceremonial use). These Harvest Areas extend beyond Treaty Settlement Lands to include the right to harvest wildlife and migratory birds (and fish) on a non-exclusive basis within the entire traditional territories of the Maa-nulth First Nations. The Treaty sets out requirements for consultation before Canada or British Columbia may designate or set an allocation for a hunted species because of conservation concerns.

The Treaty requires that the Maa-nulth First Nations form and participate in a Maa-nulth Wildlife Council, which is responsible for developing a Wildlife Harvest Plan for consideration by British Columbia. Under the Treaty, final authority over wildlife remains with the relevant provincial Minister.

National Parks

Where national parks and marine conservation areas are wholly or partly within traditional territories, the Maa-nulth First Nations retain rights to gather plants or timber for medicinal, ceremonial or artistic purposes, and to trap fur-bearing mammals or hunt migratory birds and land mammals for Domestic Purposes.

Provincial Parks & Protected Areas

On the Effective Date, British Columbia established the Power River Watershed Protected Area, located adjacent to Mquqwin/Brooks Peninsula Park and Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations Lands at the Power River Estuary, and the Thunderbird's Nest/T'iitsk'in Paawats Protected Area, located on the western shore of Henderson Lake. Prior to the Treaty, in December 2006, British Columbia and the Maa-nulth First Nations entered into a Memorandum of Understanding (MOU) for management of provincial protected areas (Parks, Ecological Reserves, and Protected Areas). This MOU provided the framework for the establishment of two committees: one with BC Parks and the Ka:'yu:'k't'h'/ Che:k'tles7et'h' First Nations (KCFN) for the Management of Provincial Protected Areas within their domestic harvest area, and one with BC Parks and Uchucklesaht Tribe for the Management of Provincial Protected Areas within their domestic harvest area.

Commercial Fisheries

Maa-nulth First Nations commercial fisheries allocations are not protected by the Treaty. Instead, provisions for commercial fisheries are set out in a Harvest Agreement negotiated at the same time as the Treaty. The Harvest Agreement sets out a number of commercial licences for the Maa-nulth First Nations that may be renewed in perpetuity. Under specified circumstances, Canada and British Columbia are required to compensate the Maa-nulth First Nations if Harvest Agreement licences are cancelled. Separate from both the Harvest Agreement and the Treaty, Canada also made individual payments to each Maa-nulth First Nation on the Effective Date, totaling $4 million, for purchasing commercial fisheries licences from willing sellers. British Columbia contributed $150,000 toward the purchase of commercial licences.

Joint Fisheries Management

Prior to the Treaty, the Maa-nulth First Nations sought greater control over how fisheries were conducted in their traditional harvest areas. Under the Treaty, final authority over fisheries remains with the relevant federal or provincial Minister. However, the Treaty requires the Parties to establish a Joint Fisheries Committee (JFC) for co-management of the Maa-nulth First Nations domestic fisheries and coordination with commercial, recreational, and other Aboriginal fishing. The JFC includes one member from each Maa-nulth First Nation, Canada, and British Columbia. The Maa-nulth First Nations and DFO provide alternating chairs. The Maa-nulth First Nations chair is in addition to the members from each individual Maa-nulth First Nation.

Harvest Document

DFO issues an annual Harvest Document that sets out conditions for harvest of five species of Pacific Salmon, herring, halibut, rockfish, groundfish, sablefish, inter-tidal bivalves, and unallocated species. As well as the allocation for each type of fish, the document describes requirements and limitations for fishing dates and times, fishing gear, and catch reporting. The Harvest Document includes conditions for fishing unallocated species, that is, species for which there is no pre-determined harvest limit. These species include anemones, chitons, Dungeness and Red Rock crab, snails, and sea urchins.

Overview: 2013-2014 Fisheries Season

Under the Treaty, the Maa-nulth First Nations agree to track and provide DFO with catch data for fish harvested for Domestic Purposes. During the fishing season, the Maa-nulth First Nations report weekly harvest information to Canada through the Maa-nulth Electronic Reporting Program (MERP). Minor reporting delays and other issues are discussed and resolved at the JFC. The Treaty provides for the Maa-nulth First Nations governments to designate specific individuals and vessels in their communities, as authorized, to harvest under the treaty right to fish for domestic needs. Documentation proving these designations must be carried or shown for regulatory processes.

Maa-nulth First Nations Constitutions

A return to self-government for the Maa-nulth First Nations has not meant a complete return to traditional governance practices. Traditions have been combined with modern concepts of representative democracy and the rule of law. While the Treaty stipulates that a majority of each Maa-nulth First Nation government must be elected, each government may also include representation from its Ḥaʔwiiḥ (hereditary chiefs). This ensures that the wise counsel of the Ḥaʔwiiḥ can form part of the governing structures and connect modern Maa-nulth First Nations governments with their past.

The Treaty requires that each Maa-nulth First Nation will have a constitution that provides for democratically- elected government with a system of financial administration, accountability, and conflict of interest rules, to standards generally accepted for governments in Canada. Through elected bodies, the Maa-nulth First Nations exercise law-making authorities in accordance with the Canadian Charter of Rights and Freedoms, the Treaty, and their own constitutions. The Treaty recognizes the constitution of each Maa-nulth First Nation ratified by its citizens before the Effective Date. Those constitutions establish the structures and powers of government for each Maa-nulth First Nation.

Law-making Authority

The law-making powers of the Maa-nulth First Nations governments are limited by the division of legislative authority within the Canadian federal system. Through the Treaty, the Parties agree that the Maa-nulth First Nations have power to make laws over their Treaty Settlement Lands, the operation of their governments, taxation, culture and heritage, adoption, education, health and social services. Federal and provincial laws continue to apply on Treaty Settlement Land. In the event of a conflict between a Maa-nulth First Nations law and a federal or provincial law, the Treaty includes conflict of law provisions. Broadly, Maa-nulth First Nations laws will prevail for matters internal to their communities and integral to their Aboriginal culture. Each Maa-nulth First Nation has enacted a number of laws, described later in this report.

Government Programs & Services

The Treaty enabled Canada and British Columbia to transfer to the Maa-nulth First Nations the responsibility for delivery of agreed-upon programs and services for Indians, together with the related program funding.

On the Effective Date, each Maa-nulth First Nation entered into a separate Fiscal Financing Agreement (FFA) with Canada and British Columbia. These Agreements set out the existing government programs that, after the Effective Date, the Parties agree are to be delivered by the Maa-nulth First Nations governments instead of by federal or provincial departments. The corresponding federal or provincial funding for these agreed-upon programs is combined into a single FFA Block Fund, and paid to the Maa-nulth First Nations governments each year. That Aboriginal government, instead of Canada or British Columbia, assumes responsibility for the delivery of these programs.

Each Maa-nulth First Nation is responsible to deliver FFA programs and services to all Indians residing on its Treaty Settlement Lands. Block Funding permits each Maa-nulth First Nation to be flexible in determining where it directs its fiscal resources. Provided that the terms and conditions for the Block Funding transfers are met, each Maa-nulth First Nation may customize programs for its community's needs, and reallocate funding between programs. Each Maa-nulth First Nation government may retain any unspent surplus at the end of the fiscal year.

Each Maa-nulth First Nation remains eligible to participate in or benefit from federal and provincial programs for Aboriginal people, according to program criteria, where that Maa-nulth First Nation did not assume responsibility for the program and receive corresponding funding in its FFA. Applications to programs by Maa-nulth First Nations are subject to the same program criteria as other applicants.

Cultural Objects

A longstanding issue of concern for the Maa-nulth First Nations has been the return of important cultural objects. The Treaty recognizes this and ensures that many Maa-nulth First Nations artifacts will be returned from collections in the Canadian Museum of History (formerly the Canadian Museum of Civilization) in Ottawa, the Royal BC Museum in Victoria, or at Parks Canada sites. Other artifacts of the Maa-nulth First Nations may be held in federal or provincial museums under custodial agreements negotiated with the appropriate Maa-nulth First Nation.

Taxation

Under the Treaty, the Parties agreed that tax exemptions for Indians as set out in the Indian Act would be phased out for citizens of the Maa-nulth First Nations. Exemption from transaction taxes will cease on May 1, 2019 and exemption from income and all other taxes will cease on January 1, 2024. During the transition period, tax exemptions remain available to Indians who are citizens of the Maa-nulth First Nations as they were prior to the Treaty.

Outside of the Treaty, the Maa-nulth First Nations may develop stable sources of revenue by negotiating tax-sharing agreements with Canada or British Columbia. Tax sharing agreements could include transaction taxes, personal income taxes, or real property taxes. A tax sharing agreement may also provide the Maa-nulth First Nations with the authority to tax persons on their Treaty Settlement Lands who are not Maa-nulth First Nations citizens.

On the Effective Date, each of the Maa-nulth First Nations entered into a Real Property Tax Coordination Agreement with British Columbia. As of the reporting period, all of the five Maa-nulth First Nations have assumed jurisdiction over real property taxation.

Intergovernmental Relations

The Treaty allows the Parties a fresh start with a new government-to-government relationship based on mutual respect and collaboration. Treaty implementation includes all the activities required to comply with, or give effect to, all the provisions in the Treaty. Therefore, the treaty implementation phase has no end date and requires ongoing coordination among the Parties. Through the Treaty, the Parties are provided with tools to facilitate implementation and the new relationship.

Regional District Membership

The Treaty enables the Maa-nulth First Nations to join the appropriate regional district on the ten-year anniversary of the Treaty or by providing notice to the regional district and British Columbia before the anniversary date. Yuułuʔiłʔatḥ and Huu-ay-aht joined the Alberni-Clayoquot Regional District (ACRD) on April 1, 2012. These nations have found that ACRD membership is an important first step in being consulted and involved in regional decisions that affect their citizens.

Implementation Committee

To facilitate the new government-to-government relationship, the Treaty requires the Parties to form a Treaty Implementation Committee. The committee is comprised of one member for Canada, one for British Columbia, and a single member to represent the five Maa-nulth First Nations. Committee members attempt to resolve implementation issues as they arise, assist the Parties to meet their individual and shared obligations under the Treaty, produce an annual report, and coordinate implementation with internal agencies. The Implementation Committee is designed to deal with the inevitable challenges of this new relationship.

The Treaty also obligates the Parties to jointly produce an annual report on activities undertaken each year to give effect to, or comply with, the provisions of the Treaty.

Enforcement of Maa-nulth First Nations Law

The Treaty establishes that each Maa-nulth First Nation is responsible for enforcement of laws passed by its legislative body. However, the Treaty allows for the Parties, at their discretion, to enter agreements on the enforcement of Maa-nulth First Nations laws.

Foreshore Agreements

The Treaty requires the governments of British Columbia and each of the Maa-nulth First Nations to enter agreements to delegate, from the provincial to the Maa-nulth First Nations governments, law-making authorities regarding the foreshore that are comparable to the powers of municipalities. These Foreshore Agreements provide the Maa-nulth First Nations governments with jurisdiction over foreshore adjacent to their Treaty Settlement Lands (on average 200 metres from the high water mark), allowing them to regulate matters on the shoreline, such as nuisances, construction and development, business, and land use. British Columbia and the Maa-nulth First Nations entered the original Foreshore Agreements on the Effective Date.

Capital Transfer

In addition to the transfer of land, the Treaty provides for payment of Capital Transfers to each Maa-nulth First Nation totaling $96.7 million. At the same time, the Maa-nulth First Nations are required to repay loans totaling $19.2 million from Canada, taken to negotiate the Treaty. These payments and loan repayments are made in ten installments, over a nine-year period, as set out in schedules within the Treaty. On April 1, 2013, Canada made the third installment of Capital Transfer payments totaling $10.1 million to the Maa-nulth First Nations, while the Maa-nulth First Nations paid $1.89 million to Canada as loan repayments.

*This summary is to be considered general financial information (not reporting information).

Payment of Resource Revenues

The Treaty provides for sharing of government revenues from forest resources on Maa-nulth First Nations traditional lands. Since the Effective Date of the Treaty, British Columbia and Canada have made annual resource revenue sharing payments to each Maa-nulth First Nation. These annual payments will continue until 2035. The payments are calculated as a percentage of stumpage invoiced by British Columbia from logging in the relevant Forest Districts for the previous fiscal year. Each Maa-nulth First Nation receives a payment in proportion to that nation's forested lands, according to formulae set out in the Treaty.

Fiscal Relations

The Treaty requires the Parties to negotiate agreements that describe their financial relationships. Each Maa-nulth First Nation, Canada, and British Columbia agree that every eight years (or other agreed upon period) they will negotiate and attempt to reach agreement on Fiscal Financing Agreements (FFA). The five FFAs entered into on the Effective Date expire on March 31, 2019. If the Parties do not reach agreement on subsequent FFAs before March 31, 2019, the current FFAs will continue in effect for an additional two years or such other period as the Parties may agree, whichever is earlier. Each FFA describes the amount, nature, and duration of federal and provincial transfers to each Maa-nulth First Nation and the responsibilities of each Party.

Own Source Revenue Agreements

On the Effective Date, each Maa-nulth First Nation entered a 20-year Own Source Revenue Agreement (OSRA) with Canada and British Columbia. The OSRA calculates the contribution that each Maa-nulth First Nation will make from its own source revenue towards the cost of agreed-upon programs and services in the FFA. As part of the transition to self-government, the Parties agreed that the Maa-nulth First Nations contributions for the first five years will be zero, after which contribution rates increase gradually over the next 15 years. The intent of the OSRAs is to decrease reliance on financial transfers from Canada and British Columbia as the Maa-nulth First Nations become more self-sufficient over time.

The Own Source Revenue Agreements require each Maa-nulth First Nation to provide an Own Source Revenue report to Canada and British Columbia within 120 days of the fiscal year end. These reports contain the calculation of the Own Source Revenue amount, if any, to be deducted from the Maa-nulth First Nations FFA transfer payments for programs and services.

Governance

Governance Huu-ay-aht Government consists of an elected Chief Councillor, five elected Councillors, and an appointed Ḥaw̓ iiḥ (Hereditary Chief). An Executive Council oversees day-to-day operation of government while the Legislature passes laws. Huu-ay-aht Government is democratic, transparent, and responsible, and seeks to separate politics from both business and administration.

During the reporting period, Huu-ay-aht Government saw a significant growth in its capacity. In addition, a new Strategic Plan and set of values was developed to help guide government planning and operation. These values include: respect, trust, effective communications, support, health, and professionalism. Huu-ay-aht Government organizational structure was also refocused on results, service delivery, and internal teamwork. Both the Strategic Plan and values will help Huu-ay-aht Government and Administration use the tools of the Treaty in a way that continues to create and promote success for current and future generations.

Strategic Plan

In determining the 2014-2017 Strategic Plan, Executive Council reviewed the successes and challenges that the organization has faced, the opportunities that exist in the region and province, and the feedback from the Huu-ay-aht Staff Survey and the Huu-ay-aht Values Survey (for all citizens). When setting strategic goals, Executive Council members took into consideration the Treaty; their mandate as elected and hereditary leaders; issues facing citizens, Huu-ay-aht Government, Administration, and Huu-ay-aht businesses; and best practices. The outcome was the identification of five "posts" to support the Nation now and in the future, and the adoption of following long-term goals.

In 20 years:

• Our People will be free from the negative effects of colonization;
• Our Children will grow up safe, healthy, connected to the community, and exemplify Huu-ay-aht values;
• Our Home will be a safe, healthy, and appealing place where half our people choose to live;
• Our Land will continue to provide sustainable wealth that respects the Huu-ay-aht value of conservation;
• Our Economy will be operated sustainably, will be the major employer in the region, and will be the major source of revenue for the Nation.

Under the plan, Huu-ay-aht Government senior management will focus on communication, children and families, integrated culture and values, infrastructure, natural resources, and trade in order to achieve short-, mediumand long-term goals.

Legislation

During the reporting period, the Huu-ay-aht Legislature enacted the following legislation:

• Budget Act 2014;
• Government Act, Amendment Act, 2014;
• Financial Administration Act, Amendment Act, 2014.

Citizen Development Committee

Huu-ay-aht's Citizen Development Committee advises Executive Council on social issues, such as employment, education, addiction, and housing. During the reporting period, the committee:

• established the Crisis Grant Policy, which is designed to provide one time assistance (per fiscal year) to Huu-ay-aht citizens experiencing unforeseen hardship or crisis;
• created a Child and Family Services department and hired a coordinator responsible for supporting children and families who become involved with the child protection system, and building stronger families through prevention, education, and connections to extended family;
• began planning for a language- and culture-focused early learning program, similar to the Anacla Paawats model, in Port Alberni;
• entered negotiations for the Usma Protocol Agreement to allow Huu-ay-aht Government more input and communication regarding children in Usma care, and to focus on prevention while holding Usma more accountable (the Usma Program operates under the auspices of the Nuu-chah-nulth Tribal Council, which
• is party to a Delegation Agreement with Canada and the Director of Delegated Agencies);
• began planning a youth culture camp for Huu-ay-aht youth, as well as a youth conference for young adults;
• partnered with universities, including the University of British Columbia and Queens University, to conduct important research related to treaty implementation;
• partnered with the Huu-ay-aht Development Corporation and Western Forest Products to help more Huu-ay-aht citizens gain employment in the forestry sector.

Huu-ay-aht Treaty

Implementation Committee The Huu-ay-aht Treaty Implementation Committee (HTIC) provides a forum to discuss successes and challenges of the implementation of the Treaty with Huu-ay-aht public officers while ensuring that the benefits of the Treaty improve the lives of citizens. The committee will also create and implement a system to measure the success of the Treaty.

To guide its actions in both the short and long term, the committee created an implementation strategy and addresses each of the following items every time it meets:

• Huu-ay-aht Benefits List;
• Implementation Challenges;
• Huu-ay-aht Implementation Work Plan;
• Maa-nulth First Nations Treaty 15-Year Review Indicators.

Finance

During the reporting period, through its Finance Committee, Huu-ay-aht Government was able to balance its budget one year earlier than expected. The committee undertook a number of projects, including:

• continued negotiations for the purchase of the new Port Alberni Huu-ay-aht Government Office;
• investigated the purchase of a building to house the Paawats childcare centre;
• implemented a new method of budgeting revenues where total expected revenues are not detailed before the Budget Act is passed.

The committee also worked to get costs under control, costs that were still influenced by pre-Treaty urgency, such as: consultant fees, legal fees, and related contract costs.

Invested Wealth Fund & Settlement Trust

Huu-ay-aht Government established a Huu-ay-aht Settlement Trust and an Invested Wealth Fund. The Huu-ay-aht First Nations Financial Administration Act directs that the Finance Committee oversee the management of the Huu-ay-aht Invested Wealth Fund (IWF) and is the Trustee for the Huu-ay-aht Settlement Trust (HST). Both the IWF and the HST are managed by a professional investment firm selected after an open and competitive solicitation process. The IWF holds the Time Limited Treaty funds, which are being saved for future generations. Interest generated on the fund is being used to fund government programs and services. The HST was created to hold, protect, and nurture Treaty Capital Transfers and Resource Revenue payments for the benefit of Huu-ay-aht First Nation and its citizens.

Lands & Natural Resources

Huu-ay-aht Government is working to complete treaty implementation of the land management framework for residential and non-residential interests; ensure full allocations of food, social and ceremonial fish are harvested; establish a licensing framework for cultural interpreters; and pursue acquisition of pre-approved Treaty lands, including Diana Island, and conversion of private lands to TSL status.

During the reporting period, Huu-ay-aht Government engaged in preliminary discussions on the strategies for development on Huu-ay-aht Treaty Settlement Lands (TSL). The 20-year strategic plan takes into account over half of Huu-ay-aht citizens choosing to live at home on TSL—a challenging goal that requires Huu-ay-aht Government to fully prepare for a wide range of development opportunities.

The Huu-ay-aht Lands Committee also met with other committees to discuss the Economic Development Plan and various business opportunities that relate to TSL.

Fisheries

In addition to joint Maa-nulth First Nations fisheries activities and reporting, Huu-ay-aht's Fisheries Committee also participates in the Uu-a-thluk (ʔuuʔałuk) Council of Ḥaw̓ iiḥ. The Fisheries Committee works to ensure Huu-ay-aht Government meets its treaty obligations and fisheries allocations. During the reporting period, additional budget resources were allocated to support the food fish program, including funding from the shared Geoduck licence administered by Nuu-chah-nulth Tribal Council (NTC) Fisheries. During the next reporting period (2014-2015), the food fish budget will be increased from $40,000 to $67,000.

Cooperative Parks Management

Huu-ay-aht Government works with Parks Canada on a Cooperative Parks Management Board. During the reporting period, Huu-ay-aht Government continued to develop and protect the Kiixʔin National Historic Site. Although the deadline for the National Cost Sharing Program was not met during the reporting period, the application was updated and prepared for the next opportunity. Steelhead LNG contributed $25,000 to the project. The Cooperative Parks Management Board will decide where this donation will best be utilized.

Huu-ay-aht Economic Development

Huu-ay-aht Economic Development Committee manages Huu-ay-aht Government's role in economic development. Committee members are also members of the Board of Directors of the Huu-ay-aht Development Corporation, which oversees the operation of Huu-ay-aht commercial enterprises, such as forestry and the Pachena Bay Campground and Gravel Pit. The Economic Development Committee works to create profitable businesses to provide revenue to the government for maintaining, increasing, and expanding government programs and services, and to further enhance economic opportunities for its people by creating reliable job opportunities when they are justified in a profitable business.

During the reporting period, the Huu-ay-aht Economic Development Committee and Development Corporation collaborated in the development of the Huu-ay-aht Economic Development Plan. The plan includes legacy economic projects and business relationships (including the West Coast Trail, Pachena Bay Campground, Gas Bar, Bamfield Market and Café, Bamfield East Dock, and Gravel Pit), as well as newer opportunities (including Huu-ay-aht Forestry LP, Huu-ay-aht Fisheries LP, and Huu-ay-aht Lands LP). Projects currently in development include micro hydro, comprehensive tourism development, mineral cataloging and exploration, shellfish aquaculture, real estate, and communications infrastructure. Huu-ay-aht Government is investigating the potential of agriculture and livestock, power generation, fisheries and ocean resources, forestry and non-timber resources, mining and minerals, deep-sea port development, service provision to Huu-ay-aht and other governments. In addition, Huu-ay-aht Government continued to explore opportunities in relation to both container ship port development and/or a liquefied natural gas facility on Huu-ay-aht Treaty Settlement Lands.

The Huu-ay-aht Economic Development Committee is pleased to report that the timber harvest operation on Huu-ay-aht Treaty Settlement Lands was successful in its first year.

Communications

Huu-ay-aht is committed to improving the quality of communication between its government, administration, and citizens. During the reporting period, plans were in place for the creation of the Huu-ay-aht Communications Department. In the next reporting period, department staff will be hired and Huu-ay-aht Government will reinstate Uyaqḥmis, the Huu-ay-aht newspaper. The department will organize community engagement meetings, prepare materials to ensure citizens are informed, and organize Huu-ay-aht's Home Visits Strategy, all of which aim to ensure citizens are more connected and have a variety of ways through which they can ask questions and receive information about their nation.

Public Works & Infrastructure

Highlights the major capital projects undertaken by Huu-ay-aht Government during the reporting period include the following.

• Huu-ay-aht, in partnership with the Bamfield Marine Station, began discussions on land and operations for a new sewer system.
• A feasibility study was completed for a bridge across the Pachena River connecting the two sides of the community.
• Phase II of the Anacla Triplex renovation (a second unit) was completed.
• Subdivision Phase I: Nookemus Road, including the main access road to the House of Huu-ay-aht and Office, was upgraded.
• Planning for additional burial space for Huu-ay-aht citizens continued. Two options were identified, either extending the current Sarita site, or the development of a new location.
• Discussions regarding the Bamfield/ Anacla Pedestrian Path Project continued. This project aims to provide a safe walking/cycling area between the communities. Several stakeholder groups were included in the Community Accord process.

Liquefied Natural Gas Project

During the reporting period, Huu-ay-aht Government was introduced by the Port Alberni Port Authority to Steelhead LNG, a British Columbia-based liquefied natural gas (LNG) company interested in building a LNG facility on Huu-ay-aht Treaty Settlement Lands. Discussions began on forming a partnership between the company and Huu-ay-aht.

Huu-ay-aht Programs & Services

Governance

KCFN Government is designed to separate politics from administration and business while providing democracy, transparency, certainty, and clearly defined government roles and responsibilities. Since April 1, 2011 KCFN has had a democratically-elected Legislature, an Executive with delegated authority from the Legislature, and a separate Administration with clearly defined roles, responsibilities, and reporting requirements. The KCFN Legislature includes one elected Legislative Chief, four elected Legislative members, and four Legislative Ḥaʔwiiḥ members appointed to the Legislature by the Ḥaʔwiiḥ Advisory Council. The Legislature makes laws and approves an annual budget. The KCFN Executive is comprised of the eight legislative members (excluding the Legislative Chair). A delegated authority of the KCFN Legislature, the KCFN Executive provides oversight to the Directors of the Administration and makes regulations for the Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations.

During the reporting period, KCFN Administrative Decisions Review Board member appointments were confirmed and KCFN's first Official Community Plan (OCP) was completed and passed into law.

KCFN's assessment of community well-being, support of governance decisions, and periodic review (as committed to in Section 1.13.0 of the Treaty) is updated on an annual basis.

Legislation

During the reporting period, the KCFN Legislature enacted the following legislation:

• Official Community Plan Act;
• Land Act Amendment Act;
• Annual Budget Act, 2013-2014;
• Social Housing Project Capital Borrowing Act;
• Fair Harbour Improvements Capital Borrowing Act;
• Infrastructure Projects Operating Loan Capital Borrowing Act;
• Health Clinic Project Capital Borrowing Act;
• Storage and Apartment Building Project Capital Borrowing Act;
• Enforcement Framework Amendment Act No. 1;
• Annual Budget Act, 2014-2015.

The Official Community Plan Act was passed during the previous reporting period.

People's Assemblies

During the reporting period, KCFN held its annual People's Assembly in two locations — Houpsitas and Campbell River — as required under the KCFN Constitution and the KCFN Government Act. Citizens took the opportunity to speak, be heard, and make recommendations to KCFN Government in a respectful, transparent, solution-oriented manner. The format, along with the required appointment of a facilitator, was instrumental in the success of these assemblies.

KCFN Implementation Committee

A standing committee of the Legislature, the KCFN Implementation Committee is comprised of the Legislative Chief, one other Legislator, two KCFN citizens, and one technician. They are collectively responsible for providing ongoing review and recommendations on treaty implementation and making recommendations to KCFN Legislature regarding treaty implementation. During the reporting period, the KCFN Implementation Committee met 23 times, made 28 recommendations, and participated in the Maa-nulth First Nations Tripartite Implementation Committee.

KCFN Finance Committee

A standing committee established by the KCFN Legislature, the KCFN Finance Committee is made up of the Legislative Chief, two Legislators, the Chief Administrative Officer, and one technical advisor. The Finance Committee continually reviews the monthly, quarterly, and yearly financial statements, develops the annual budget, and makes recommendations to the Executive regarding the annual budget.

Lands

Under the Treaty, KCFN has the option to register lands in the BC Land Registry, or in its own KCFN Land Registry. Some of the historic, hereditary, and other "special" land holdings or encumbrances cannot be registered in the BC Land Registry under the current system. Therefore, KCFN established its own Land Registry and began development of a map base for Land Use Planning. During the reporting period, staff continued defining, recording, and mapping historic land interests so that modern land development may proceed in an orderly fashion. Legal surveys of KCFN TSL continued, and surveys of the lands to the northwest of Houpsitas were completed. KCFN responds to referrals on an ongoing basis.

The Maa-nulth First Nations and British Columbia continued negotiating a Reasonable Opportunity Agreement to deal with the treaty requirement that British Columbia not deny the reasonable opportunity for Maa-nulth First Nations to harvest wildlife, migratory birds, and fish in areas where British Columbia has authority. During the reporting period, in order for the Maa-nulth First Nations to have input into decision-making that could affect their right to harvest, British Columbia sent information (referrals) to the Maa-nulth First Nations about developments which may affect their reasonable opportunity to hunt and fish. KCFN continued to respond to referrals on an ongoing basis in the absence of a ratified Reasonable Opportunity Agreement.

During the reporting period, there was no active mineral extraction on KCFN TSL. However, there were two active mineral claims and exploration on two sites in KCFN TSL near Jansen Lake.

Fisheries

In addition to joint Maa-nulth First Nations fisheries activities and reporting, KCFN provides input to the Maa-nulth Annual Fishing Plan. During the reporting period, sampling efforts to provide a realistic estimate of the abundance of Sockeye in the Hisnit River continued, with noted success in counting late season spawners.

Most KCFN citizens continued to adjust to the new fisheries regulatory regime and catch reporting continued to improve. Citizens continued to express concerns, but also ideas, recommendations, and solutions. Due to the community's remote location, fish transportation, freezer capacity, and fish distribution to all citizens continue to be challenging. Staff training and equipment purchases resulted in significant efficiencies and an improved experience for all.

KCFN focused on ways to cost-effectively harvest a higher percentage of the KCFN share of the Maa-nulth First Nations Allocation of all allocated fish species. Citizens continued working to enhance the communal aspects of the fishery — from fish cleaning to smoking and preserving.

Wildlife & Migratory Birds

During the reporting period, KCFN Harvest Licences were issued to all eligible KCFN citizens who applied. No ƛ̓uunim (elk) were harvested from the allocation of six animals. The KCFN Wildlife Committee met twice with the main concern being the number of predators and the dwindling number of muwič/ʕaatuš (deer). An "Order of the Director" to close the harvest of female deer and to limit the harvest of male deer continues to apply in the KCFN effort to improve ƛ̓uunim populations. Citizens continued to harvest wildlife and migratory birds for domestic use.

Two KCFN representatives sit on the Maa-nulth Wildlife Council. During the reporting period, the council developed the third Maa-nulth Wildlife Harvest Plan (which was approved by British Columbia). The plan emphasizes managing for ƛ̓uunim herd expansion and a co-operative stewardship approach to wildlife management. KCFN hunters continued to adjust to the wildlife harvest reporting requirements and harvesting conditions. KCFN Wildlife Committee representatives are working closer with non-KCFN hunters to "be a voice for wildlife and the ecosystems that sustain all life."

Forestry

During the reporting period, KCFN's TSL Forestry Program continued inventory assessment in preparation for community consultation on a KCFN Forestry Plan. Work to access a treaty-related, off-TSL commercial First Nations Woodland Licence tenure continued.

British Columbia was prepared to provide two tenures (14,400+/- square metres authorized by Ministerial Letter and a 20,000 square metre non-replaceable forest licence authorized by the Foreshore Agreement) and was awaiting the application from KCFN.

Lands

During the reporting period, the KCFN Legislature authorized the acquisition of a significant parcel of "potential additions" British Columbia Crown lands as authorized by the Treaty. These lands are located west of Houpsitas. No new TSL parcels were registered in the B.C. Land Registry or in the KCFN Land Registry during the reporting period.

Subsurface Minerals

There was no active mineral extraction from KCFN TSL during the reporting period.

Qacca Settlement Trust

KCFN, together with Toquaht Nation and Uchucklesaht Tribe, formed Qacca Settlement Trust in 2011 to take advantage of lower administration costs. All Capital Transfer payments and Resource Revenue payments are deposited into the Trust. The purpose of the Trust is to hold, protect, and nurture these funds for the benefit of these First Nations. The treaty payments contributed to the Trust become the responsibility of its Trustees and are managed by a professional investment manager. KCFN is committed to using these funds wisely by borrowing from them, rather than expending them, so that they remain a financial resource for future KCFN generations.

KCFN Programs & Services

Infrastructure

KCFN completed installation and launched high-speed Internet service for the entire village of Houpsitas.

For more information, visit the Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations Webpage.

Governance

Toquaht Nation's Council consists of an appointed/ hereditary Ha'wiih as Chief, an appointed/ hereditary cha ma ta (Second Chief), and three citizens elected for four-year terms after each election. A Chairperson is chosen from among the five Council members for a four-year term. The Toquaht Nation Council enacts laws, which are enforced by the Toquaht Nation Executive, the Director of Operations, and Administration staff. The Toquaht Nation Executive is made up of Council members who hold Executive portfolios in the following areas: Chairperson; Finance; Community Services; Lands, Public Works and Environmental Protection; and Resource Harvesting. The Director of Operations and Administration staff oversees day-to-day government operations and report to Toquaht Nation Executive.

Toquaht Nation held four People's Assemblies during the reporting period, as set out in the Toquaht Constitution. One of the four People's Assemblies is deemed to be the Annual General Assembly, where the Audited Financial Statements are presented to citizens; the Annual Toquaht Budget (for 2013-2014) was presented at the first People's Assembly of the reporting period. The quarterly Toquaht Newsletter provides information on programs, projects, interesting facts, and the Draft Minutes from the latest People's Assembly.

During the reporting period, Toquaht Nation Council, Executive, Director of Operations, and Administration undertook the following:

• accepted and approved the Toquaht Nation Maa-nulth Tax Treatment Agreement Amendment Agreement;
• approved the pre-payment of $173,534 towards the Treaty Negotiation Loan;
• established a Capital Projects Development Committee to oversee development applications and planning;
• approved the Letters of Expectations from British Columbia's Ministry of the Environment and Ministry of Forests, Lands and Natural Resource Operation;
• approved the Maa-nulth First Nations Enforcement Advisory Committee Terms of Reference, and appointed two members to the committee;
• approved in principle the Draft Terms of Reference and Planning Units 20-25 of the "Draft Marine Plan" for the west coast of Vancouver Island (Toquaht Nation and West Coast Aquatic entered into a Protocol Agreement with the goal of developing, supporting, and implementing a marine spatial plan for Barkley Sound in 2010);
• applied and received funding for a Human Resources Policy and Job Description project to improve the existing Human Resources policy and better align employee skills with Toquaht Nation jobs.

Constitution

Toquaht Nation's Constitution took effect on April 1, 2011 (the Effective Date of the Treaty), setting out government structure, land system, financial accountability, and dispute resolution. Over the first years of governing under the Treaty, the Toquaht Nation noted several areas in which the Constitution was lacking. During the reporting period, Toquaht citizens voted on and passed a Constitutional Referendum to strengthen the Constitution.

Legislation

During the reporting period, the Toquaht Nation Council enacted the following legislation:

• Annual Budged Act 2014-2015;
• Five-Year Financial Plan Act 2014-2019;
• Government Act amendments;
• Elections Act amendments;
• Interpretation Act amendments;
• Public Order, Peace and Safety Act
• (new enactment);
• Citizenship and Enrolment Forms
• Regulation amendments;
• Fisheries Regulation amendments;
• Wildlife and Migratory Birds Regulation
• amendments.

Qacca Settlement Trust

Toquaht Nation, Uchucklesaht Tribe, and Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations determined that it would be beneficial and cost effective to participate together in a single settlement trust. The governments of the three nations created the Trust as part of preparations for treaty implementation. The Trust agreement was finalized and executed on March 23, 2011.

The purpose of the Trust is to hold and invest contributions of eligible treaty payments from the three nations. Toquaht Nation contributed all Capital Transfer payments and Resource Revenue payments to the Trust for the reporting period. Amounts contributed to the Trust are to be held, protected, and nurtured for the benefit of the Trust beneficiaries.

During the reporting period, Toquaht Nation requested and received a distribution from the Qacca Settlement Trust.

Official Community Plan

As part of its treaty obligation, Toquaht Nation continued work on the Official Community Plan (OCP). Before any significant development is planned or completed on Toquaht Lands, an OCP must be in place. Toquaht Nation hired a contractor to develop the plan with Toquaht Government and citizens. The final step in approving the OCP is approving a housing policy (in respect of affordable housing, rental housing, and special needs housing). This process continued throughout the reporting period.

Alberni Clayoquot Regional District

Although Toquaht Nation has not yet initiated the process of joining the Alberni-Clayoquot Regional District (ACRD), during the reporting period members of the Toquaht Nation participated in some ACRD forums and meetings as a guests.

Economic Development

Toquaht Nation's Economic Development Committee includes members of Council and other community members and staff. The committee assists Toquaht Nation with Economic Development decisions. Prior to the Treaty, to allow for the separation of politics and business, Toquaht Holdings Ltd. was formed with an independent board of directors who helped develop an Economic Development Plan. Under the umbrella of Toquaht Holdings Ltd., a number of operating companies and boards were formed. The following are highlights of economic development activities undertaken during the reporting period.

Capital Projects

The Capital Projects Committee oversees planning and development of all capital projects undertaken on Toquaht Nation Treaty Settlement Land. The following are highlights of initiatives undertaken during the reporting period.

Lands, Public Works & Natural Resources Department

During the reporting period, Toquaht Nation had its first meeting with Parks Canada representatives to establish the Toquaht Nation/Parks Canada Cooperation, Planning and Management Agreement alluded to in the Treaty. Toquaht Nation appointed two individuals to the committee.

In addition, Council directed the department to begin developing a community sewage disposal solution to attend to existing community sewage systems, which are old and failing.

Fisheries

In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, Toquaht Nation undertook the following activities:

• managed the Domestic Harvests of sockeye and halibut, and the distribution of fish to citizens;
• continued to seek the purchase of an Area D Gillnet Salmon licence and a ZN (Rockfish by Hook and Line) Licence (when they become available at a reasonable cost) with federal funds set aside for the purchase of fishing licences;
• joined Hayu (a commercial fishing partnership between Toquaht Nation, Ehattesaht/Chinehkint, Nuchatlaht First Nation, and Hesquiaht First Nation) to collectively improve fisheries opportunities and develop sustainable fisheries based on traditional principles.

Toquaht Programs & Services

After the Effective Date, government programs for education, health, and social services for Toquaht citizens continued largely without change (except a slight increase in K-12 and post-secondary funding).

Governance

The Uchucklesaht Tribe Government includes a legislative Council and Executive. Comprised of elected members of the Uchucklesaht Tribe, the Uchucklesaht Council enacts, amends, and repeals laws. The Executive, comprised of members of the Council, may enact regulations, oversee government administration, and act as a conduit between Council and administration. Executive portfolios include: Chief Executive and Executive holding Economic Development Portfolio, Executive holding Secretary/Treasurer Portfolio, Executive holding Lands and Resources Portfolio, and Executive holding the Human Services Portfolio. Seven Councilors have active roles in Uchucklesaht Tribe Government. During the reporting period, the Executive held 33 meetings and Council met nine times.

Legislation & Regulation

During the reporting period, the Uchucklesaht Tribe Legislature enacted the following legislation and regulations:

• Advisory Planning Commission Act;
• Economic Development Act;
• Somass Hotel Capital Borrowing Act;
• Building & Development Authorization Act;
• Application of Laws to Foreshore Act;
• Miscellaneous Amendments Act;
• Official Symbols & Honours Act;
• Public Order Peace & Safety Act;
• Moorage Act;
• Elections Act 2014;
• Annual Budget Act;
• Enforcement Framework Amendment Act No.1;
• Governance & Fiscal Agreement Regulation;
• Annual Rates Regulation;
• Somass Hotel Loan Guarantee Regulation.

People's Assemblies

The Uchucklesaht Tribe Constitution calls for a general assembly of Uchucklesaht citizens to be convened at least twice annually to review Uchucklesaht Tribe Government operations, budget, audit, and annual reports. People's Assemblies were held twice during the reporting period.

Economic Development

The Uchucklesaht Tribe Economic Development Committee is comprised of the Chief Councillor, Economic Development Officer, and outside business experts. The committee meets at least six times per year to discuss plans and economic development opportunities. During the reporting period, the committee undertook the following activities.

• Low Rider Charter Boat: Operation of the charter boat (which seats up to 12 passengers).
• Green Cove Store, Henderson Lake Lodge, and Uchucklesaht Cabin: Uchucklesaht Tribe owns these properties, all of which were being renovated in advance of business and operations plans.
• Somass Hotel Purchase: During the previous reporting period, the Uchucklesaht Tribe purchased a heritage building in Port Alberni, the former Somass Hotel, that appeared to offer many possibilities for economic development and/or office space. During the reporting period, a crew was hired to complete hazardous asbestos abatement work. Upon further investigation, it was determined that is was best to demolish the building. It is expected that this will take place during the next reporting period.
• Commercial Licences: Economic Development Committee members continued to investigate the potential purchase of commercial licences.

Capital Projects

During the reporting period, the following capital projects were undertaken in the Uchucklesaht community of Ehthlateese.

• Community Waterworks System: New and upgraded components for the water system were required to improve water quality in the community. The drilling of a second well, installation of a new pump, and repair and cleaning of reservoir were required. This work was completed and some basic Water System Training was provided to community members.
• New Road: A new road to the water tower was constructed in order to protect the storm water drainage pipes and underground power lines.
• Connector Road: Work began on an access road to improve the opportunity for economic and social development for residents of Ehthlateese. The Uchucklesaht Tribe has been planning for a connector road into the village from the existing logging road system (Henderson Main) since 2008. When complete, the road will include 1.6 kilometres of new road and 1.3 kilometres of reactivation and upgrade of existing decommissioned logging road. Work on the connector road is scheduled to be complete in the next reporting period.

Site Remediation

Remediation work continued on the Silverside Parcel, one of two parcels identified as "potential additions" in the Treaty. During the reporting period, surface clean up was completed on the Silverside parcel by Special Use Permit holders.

Official Community Plan

Before development can commence on Uchucklesaht Tribe Treaty Settlement Lands, an official community land use plan must be in place. During the reporting period, the Legislative Council passed the Advisory Planning Commission Act and requested that an Advisory Planning Commission be created in order to complete the draft work for the Uchucklesaht Tribe Official Community Plan.

Community Consultative Group

During the reporting period, the Uchucklesaht Tribe and the RCMP formed a Community Consultative Group. The group will undertake cooperative planning regarding Uchucklesaht Tribe/ RCMP Services and Workshops for enrollees and citizens, as well as creating a Cultural Package that can be shared by both parties.

Alberni-Clayoquot Regional District

During the reporting period, the Uchucklesaht Tribe became a member of the Alberni-Clayoquot Regional District (ACRD) and chose a legislative councilor to represent the Uchucklesaht Tribe at the monthly ACRD meetings. Being a part of the ACRD Board enables Uchucklesaht Tribe to work with other regional district members within a larger regional context. It also enables the Tribe access to services such as building inspection, regional parks, regional planning, regional library, economic development, and emergency planning.

Fisheries

In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, Uchucklesaht Tribe Government undertook the following activities:

• administered the Food Fishery and distribution;
• distributed harvest documentation;
• assisted in preparing the annual fishing plan and bivalve fishing plan;
• hired fisheries technicians to monitor fisheries harvesting;
• managed a fish fence in order to monitor salmon going up the Henderson Lake River;
• attempted to access Fraser Sockeye, but did not succeed in accessing this food fish allocation due to access restrictions.

Lands, Natural Resources & Environment

The Uchucklesaht Tribe Government Director of Lands and Resources oversees all landsrelated activities on Treaty Settlement Lands. This includes the development of the Official Community Plan, managing all fisheries activities, and attending Maa-nulth First Nations meetings as the Uchucklesaht technical representative.

Forestry

Uchucklesaht Tribe Government has a forestry manager who oversees its small-scale forestry operation. Forestry activities include forest development both on Treaty Settlement Lands and within the larger Uchucklesaht traditional harvest area.

Uchucklesaht/BC Parks Committee

Comprised of members of Uchucklesaht Tribe Government and BC Parks, this committee cooperatively plans for the future of the Tiitskin Paawats, an area sacred to the Uchucklesaht Tribe. For more detail on the committee's work, see page 5.

Uchucklesaht Tribe Parks

During the reporting period, the Uchucklesaht Tribe Executive recommended to Council that Uchucklesaht Tribe Government protect an area of old growth cedar and fir located on the southeast portion of the Henderson Lake, as well as a forested area located near the Henderson Lake Lodge. Council agreed and took steps to achieve that protection. The Law Clerk created a draft Park Act that would set out the protections of the sites. The act will be considered after the Forestry Manager completes the final mapping of the two areas.

Finance

The Uchucklesaht Tribe Finance Department consists of a Director of Finance, Bookkeeper, and Accounts Payable Clerk.

Qacca Settlement Trust

Uchucklesaht Tribe Government (along with KCFN and Toquaht Nation) formed Qacca Settlement Trust to take advantage of lower administration costs. All Capital Transfer payments and Resource Revenue payments are deposited into the Trust. The purpose of the Trust is to hold, protect, and nurture these funds for the benefit of these First Nations and their citizens.

Uchucklesaht Programs & Services

Uchucklesaht Tribe Government maintains a service agreement with Nuu-chah-nulth Tribal Council to provide additional education, health, and social services. This agreement is renewed annually.

Governance

Yuułuʔiłʔatḥ Government consists of a Legislative branch, an Executive branch, and a People's Assembly (referred to as the Hitacu Assembly). The Yuułuʔiłʔatḥ Legislature blends the hereditary system of governing and a modern-day government model.

The Yuułuʔiłʔatḥ Legislature consists of eight legislative members, including the President (elected Chief) and a representative of the Ḥawiiḥ Advisory Committee, which is comprised of the Hereditary Chiefs. Four of the legislative members are appointed to the Executive Branch of the Legislature along with the President. The Legislature meets to review recommendations from the Executive and to enact legislation. An independent chairperson presides over each meeting of the Legislature. Yuułuʔiłʔatḥ Legislature met five times during the reporting period.

The Hitacu Assembly is a public meeting of the Legislature and Yuułuʔiłʔatḥ citizens. Citizens and Legislature members enjoy a meal before business is conducted. Reports to the citizens are given by members of the Legislature and senior government employees. Citizens are invited to add items to the agenda, ask questions, and are encouraged to be part of the discussion. The meetings are chaired by the Legislature Chairperson, who maintains a speakers list and summary of resolutions passed at the meeting. The Hitacu Assembly met four times during the reporting period.

A special community meeting was held to discuss proposed constitutional amendments during the reporting period. In addition, a by-election was held following the death of a Legislature member and community elder. The by-election included a change suggested by the Treaty Implementation Committee, which was to have a second polling station in Port Alberni (in addition to the main polling station in Hitacu) for the convenience of citizens living away from home. Concurrent with the by-election, a referendum was held on proposed Yuułuʔiłʔatḥ Constitutional amendments. While the Legislature passed grammatical and technical amendments to the Constitution, substantive amendments had to be agreed to by the majority of eligible voters. However, the vote failed in the public referendum.

Legislation

During the reporting period, the Yuułuʔiłʔatḥ Legislature enacted the following legislation:

• Official Community Plan Act;
• Annual Budget Act Amendment Act,
• 2013-14;
• YFN Economic Development Act
• (repealed and replaced);
• Land Act (fee simple title) Amendment Act;
• YFN Construction and Infrastructure
• 2014-15 Capital Borrowing Act;
• Annual Budget Act, 2014-15;
• YFN Building Development and
• Authorization Act.

Settlement Trust

Yuułuʔiłʔatḥ Government established the Yuułuʔiłʔatḥ Settlement Trust and deposits all Capital Transfers into the Trust, less the withdrawal of the annual treaty negotiation loan payment. Five trustees were appointed to oversee the investment and any distributions. Audited financial statements are available to the public on the Yuułuʔiłʔatḥ Government website.

During the reporting period:

• $510,175 was distributed from the Trust to the Yuułuʔiłʔatḥ Government to repay the Maa-nulth Treaty Negotiation Loan in accordance with the Treaty and the Trust;
• $219,720 (Resource Revenue Sharing funds from British Columbia and Canada) was invested in the Trust in accordance with the Tax Treatment Agreement and was distributed to the Yuułuʔiłʔatḥ Government in accordance with the Trust;
• $999,999 was distributed from the Trust to the Yuułuʔiłʔatḥ Government, in accordance with the Trust, as an equity contribution to the construction of a new community centre with a full-size gym and commercial kitchen (to be completed in the next reporting period).

Fisheries

In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, Yuułuʔiłʔatḥ Fisheries undertook the following activities:

• patrols of Yuułuʔiłʔatḥ Treaty Settlement Lands were conducted for monitoring;
• harvest documentation was issued to 12 citizens;
• public notices were posted, in conjunction with DFO, to indicate the Inter-tidal Bivalve harvest areas and beaches that were closed to bivalve harvesting in the Yuułuʔiłʔatḥ harvest area;
• the Yuułuʔiłʔatḥ First Nations Government Resource Harvesting Act was created to establish a comprehensive regime for the management of natural resources on Yuułuʔiłʔatḥ Treaty Settlement Lands, including the conservation, protection, and recovery of species at risk, or species of special concern;
• commercial clam licences (12) were made available to Yuułuʔiłʔatḥ citizens under the Aboriginal Communal Commercial licensing program operated by DFO;
• food fish deliveries were made to Yuułuʔiłʔatḥ citizens in Port Alberni, Nanaimo, Victoria, Ucluelet, and Hitacu (3,000 pounds of halibut, 5,704 sockeye, and 377 Coho and Chinook).

Economic Development

Yuułuʔiłʔatḥ Government believes that a healthy and prosperous future requires the nation and its citizens pursue development that is socially, economically, and environmentally sustainable, and that economic development is best achieved independent of political influence. To that end, the following economic activities were undertaken during the reporting period.

• The Executive Branch of the Yuułuʔiłʔatḥ Legislature guaranteed additional bank funding of $437,000 for the lodges at Ucluth Beach. Wya Resort now comprises nine lodges.
• Kʷisitis Restaurant became operational with the addition of a commercial kitchen, new hardwood flooring, and furniture. In 2012, Yuułuʔiłʔatḥ Nation signed a tenyear lease with Parks Canada to operate the restaurant located at Wickanninish Beach, within the Pacific Rim National Park Reserve.
• Yuułuʔiłʔatḥ Nation business representatives traveled to China to meet with potential investors. The Operating Board that oversees Yuułuʔiłʔatḥ Nation businesses determined it is worth exploring the possibility of securing external investment for the resort at Wya Beach to reduce the ongoing requirement of Yuułuʔiłʔatḥ Nation to invest its own capital and resources.
• YFN Management Services LP, and the Yuułuʔiłʔatḥ Nation businesses it operates, employed a staff of 69 full-time, part-time, and seasonal employees. Five years ago, none of those jobs existed.

Yuułuʔiłʔatḥ Programs & Services

Lands, Resources & Assets

During the reporting period, the following activities were undertaken.

• Yuułuʔiłʔatḥ was successful in adding to Treaty Settlement Lands (TSL). Canada and British Columbia agreed to the transfer of the Wya Welcome Centre property, located at the junction of Highway 4 and the Pacific Rim Highway, to the Yuułuʔiłʔatḥ. The property had previously been identified internally as potential future TSL.
• The Official Community Plan was given final approval following a public hearing, stakeholder consultation, and a legal review. The OCP is the guiding document for how TSL will be cared for, protected, and developed.
• The Yuułuʔiłʔatḥ Government held an official sod-turning and blessing ceremony to launch construction of a new community centre.
• Surveys of Hitacu were largely complete. The Executive branch of the Yuułuʔiłʔatḥ Government authorized the registration of a draft subdivision plan in the Provincial Land Title Office. Once land is registered, the Yuułuʔiłʔatḥ Government will have the ability to transfer title to an eligible recipient.

Site Remediation

British Columbia continued work on remediation of unauthorized foreshore fill adjacent to the former Clakamucus IR. During the reporting period, a preliminary site assessment was completed and a recommendation made for a more detailed assessment.

Infrastructure

Canada approved funding in the amount of $3,912,062 for a water and sewer upgrade project on Yuułuʔiłʔatḥ TSL. A new water reservoir will be constructed and a gravity-fed sewage main, from the west boundary of Hitacu to the lift station, will be replaced.

Homes

During the next reporting period, the Executive branch of the Yuułuʔiłʔatḥ Legislature gave approval for the construction of seven new small homes to be built in Hitacu.

Communication

During the reporting period, the Yuułuʔiłʔatḥ Government completed a redesign of its website to create a more interactive communications resource. The website now contains all Laws and Acts of the Yuułuʔiłʔatḥ Government, as well as photos, current events, and digital copies of Umacuk, the nation's monthly newspaper.

For more information, visit the Yuułuʔiłʔatḥ Government website.

Text description of the Map of Maa-nulth First Nations' Areas and Treaty Settlement Lands

This map provides the locations of the five Maa-nulth First Nations' Areas* and Treaty Settlement Lands. Maa-nulth First Nation Lands are made up of the former Maa-nulth Indian Reserves (2,084 hectares), former provincial Crown land (22,375 hectares), and in the case of Ucluelet First Nation, former federal Crown land (92 hectares).

*First Nations' Areas represent the areas defined in the treaty within which the Maa-nulth First Nations continue to have rights including rights to harvest fish, wildlife and migratory birds.

Total Maa-nulth Territory:

• 3,372 square km - land only
• 4,853 square km - land and water combined

Maa-nulth First Nation Lands: 24,551 hectares comprised of:

• 2,084 hectares former reserve land
• 22,375 hectares provincial Crown land
• 92 hectares federal Crown land

Other Maa-nulth First Nation Lands:

• Eight former federal government lots

The upper image identifies the area and Treaty Settlement Lands for Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations:

• 379 hectares former reserve land
• 5,920 hectares provincial Crown land

The lower image identifies the area and Treaty Settlement Lands for Huu-ay-aht First Nations, Toquaht Nation, Uchucklesaht Tribe and Yuulu?il?ath (Ucluelet First Nations).

Huu-ay-aht First Nations:

• 1,077 hectares former reserve land
• 7,181 hectares provincial Crown land

Toquaht Nation:

• 196 hectares former reserve land
• 1,293 hectares provincial Crown land

Uchucklesaht Tribe:

• 233 hectares former reserve land
• 2,834 hectares provincial Crown land

Ucluelet First Nation:

• 199 hectares former reserve land
• 5,147 hectares provincial Crown land
• 92 hectares federal Crown land

This map is for representation (not to scale) for general information only.