Maa-nulth First Nations Final Agreement Implementation: Report 2012-2013

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 had 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 is 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 socio-economic 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; and
• 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 and resources, and what was changed regarding governance. The sections for the individual Maa-nulth First Nations describe, for the reporting period April 1, 2012 to March 31, 2013, activities made possible by these changes to improve social and economic conditions on Treaty Settlement Lands.

For the complete text of the Treaty, visit the Province of British Columbia - First Nations Negotiations.

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 law. 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 also sets out preselected parcels of provincial Crown Land in Appendix F-1 that the Maa-nulth First Nations may purchase from British Columbia 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 second year of the Treaty was $889,651, slightly higher than the previous year's total of $869,534. 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. During the reporting period, the Maa-nulth First Nations did not export any raw logs.

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 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 risks.

The Treaty requires that the Maa-nulth First Nations form and participate in a Maa-nulth Wildlife Council (MWC), 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.

The Treaty contains provisions for British Columbia and each Maa-nulth First Nation to negotiate agreements to ensure the use of Crown Land by the provincial government, or intended use, does not prevent a reasonable opportunity for Maa-nulth First Nations to exercise their Treaty rights to harvest fish, wildlife, Migratory Birds, and plants.

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.

The Pacific Rim National Park Reserve (PRNPR) overlaps with the territories of four of the Maa-nulth First Nations (Huu-ay-aht, Toquaht, Uchucklesaht, and Yuułuʔiłʔatḥ). During the reporting period, the implementation of an Agreement Concerning Cooperation in the Planning and Management of PRNPR began between Parks Canada and these four Maa-nulth First Nations. The Agreement, as provided for under the Treaty, takes the place of consultation on park planning and management under 23.10.1 of the Treaty.

Provincial Parks & Protected Areas

On the Effective Date, British Columbia established the Power River Watershed Protected Area and the Thunderbird's Nest/T'iitsk'in Paawats Protected Area. Prior to the Treaty, in December 2006, British Columbia and the Maa-nulth First Nations entered into a 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. During the reporting period, both advisory committees met twice to review the operation of the Provincial Protected Areas within their respective domestic harvest area. Both committees also undertook additional field visits to protected areas.

BC Parks conducted a review of foreshore boundary agreements for protected areas in support of the negotiation of the Amended Foreshore Agreements.

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.

Overview: 2012-2013 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 reporting period, the Maa-nulth First Nations reported weekly harvest information to Canada through the Maa-nulth Electronic Reporting Program (MERP). Minor reporting delays and other issues were 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. Some non-Maa-nulth First Nations commercial vessels were designated to assist with the harvest of Somass River sockeye. For the commercial Henderson Sockeye harvest, Uchucklesaht Tribe adopted a strategy to give its enrollees opportunity to harvest and sell to a designated buyer. The strategy proved problematic, and will be changed for the next fishing season.

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 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 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 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.

The Parties previously had determined that there were a number of errors in the lists of Maa-nulth First Nations Artifacts in the Treaty. The Parties signed Artifacts Identification Agreements (AIAs) setting out the necessary revisions. The Treaty is deemed to have been amended through these AIAs.

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 in 2019 and exemption from income and all other taxes will cease in 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.

The Treaty enables the Maa-nulth First Nations to 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 property taxes. A tax sharing agreement may also provide 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. Three of the Maa-nulth First Nations — Toquaht Nation, Uchucklesaht Tribe, and Yuułuʔiłʔatḥ — chose to exercise that agreement and assume the property tax jurisdiction effective January 1, 2012. Under the Real Property Tax Coordination Agreements, these First Nations exercised property tax authority over taxable interests held by citizens and non-citizens.

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 First Nations 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.

Other major issues discussed by the Implementation Committee are described below.

Annual Report Production Process

The Treaty 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 land between the high and low-water marks 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. However, during the reporting period, British Columbia and the Maa-nulth First Nations collaborated to delegate additional powers and work collaboratively on the use and management of log handling and storage sites. British Columbia consulted Canada prior to entering the Amended Foreshore Agreements, which the Parties anticipate will be finalized in the next reporting period.

Notification of British Columbia Legislative Activities

During the reporting period, British Columbia consulted with Maa-nulth First Nations on a number of pieces of provincial legislation, including the Tla'amin Act as components of the act affect Maa-nulth First Nations. British Columbia and the Maa-nulth First Nations are considering entering into a protocol to establish a more clearly defined process for British Columbia to meet its obligations on this topic.

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, 2012, Canada made the second installment of Capital Transfer payments totaling $10.1 million to the Maa-nulth First Nations, while the Maa-nulth First Nations paid $1.9 million to Canada as loan repayments.

Payments by Canada & British Columbia to Maa-nulth First Nations, 2012-2013

Payments by Maa-nulth First Nations to Canada, 2012-2013

Payment of Resource Revenues

The Treaty provides for sharing of government revenues from forest resources on Maa-nulth First Nations traditional lands. During the reporting period, then annually for 24 years, British Columbia and Canada will make resource revenue sharing payments to each Maa-nulth First Nation. 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. During the reporting period, Canada and British Columbia jointly paid resource revenues to the Maa-nulth First Nations totaling $889,651 ($869,534 was paid in the previous fiscal year).

Fiscal Relations

The Treaty requires the Parties to negotiate agreements that describe their financial relationships. On the Effective Date, each Maa-nulth First Nation entered into a Fiscal Financing Agreement (FFA) with Canada and British Columbia for a term of eight years, expiring on March 31, 2019. 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.

During the reporting period, transfers paid to the Maa-nulth First Nations to support them in the delivery of agreed-upon government programs and services were $11.3 million by Canada and $150,000 by British Columbia. In addition, each FFA calls for payment by Canada to the Maa-nulth First Nation of eight annual installments, the majority of which is to be used to establish an income generating fund to support treaty implementation activities that are distinct from government programs and services. During the reporting period, Canada transferred an amount of $13.2 million to the Maa-nulth First Nations as the second installment for the income generating fund.

It is Canada's policy that federal funding to support agreed-upon programs and services is the same for treaty First Nations as it is for Indian Act bands.

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 are 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

HFN Government consists of an elected Chief Councillor, five elected Councillors, and an appointed Ḥaʔwił (hereditary chief). An Executive Council oversees day-to-day operation of government while the Legislature passes laws. HFN Government is democratic, transparent, and responsible, and seeks to separate politics from both business and administration.

During the reporting period, Huu-ay-aht First Nations continued to undergo significant change in staffing, policies, processes, and organizational growth. Policies were enacted to protect both citizens and staff, and the need to invest in communications was identified. HFN continued to seek feedback from individuals and groups and, through community engagement and an HFN Citizen Survey, HFN was better able to hear the needs of Huu-ay-aht citizens wherever they live. Financial controls were improved and new budgeting tools were implemented to help eliminate deficits. With a shared vision and a commitment to work together, HFN Government and administration are using the tools of the Treaty to create a culture of success and support HFN citizens.

Legislation

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

• Budget Act 2013
• Economic Development Act
• Miscellaneous Statutes Amendment Act 2013 (included amendments to the Financial Administration Act and the Government Act).

Citizen Development Committee

The Citizen Development Committee continues to review and apply citizenship criteria to applicants. During the reporting period, the committee undertook the following activities:

• customized citizenship forms and applications to be more user friendly;
• initiated development of a Funeral Policy;
• initiated the development of a

Usma Protocol Agreement to improve the relationship between Nuu-chah-nulth Tribal Council Usma Family and Child Services and HFN;

• launched a plan to develop legally enforceable change in the way HFN children are served by Usma and all First Nation delegated organizations;
• signed a Vancouver Island Health Agreement to offer citizens a culturally competent and effective First Nations health plan;
• signed a Local Education Agreement with School District #70 at the Bamfield Community School;
• launched the HFN Post-Secondary Policy;
• improved the School Supply Allowance.

HFN Treaty Implementation Committee

The HFN Treaty Implementation Committee works closely with its partner governments to support and manage the transition of treaty implementation. To guide its actions in both the short and long term, the committee created the following implementation strategy and addresses each item every time they meet:

• 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, HFN Government worked to accomplish the following strategic priorities.

• Implementation of HFN's administration responsibilities related to the Economic Development Act (and assignment of the Economic Development Officer's responsibilities).
• Delivering a balanced budget for the 2013-2014 reporting period.
• Implementation of Citizen Motions approved by Executive Council.
• Ensuring HFN Administration is structured and carries out approved key initiatives in an effective, affordable, and efficient manner.
• Ensuring Huu-ay-aht Laws are implemented and administered in accordance with their terms and approved budget allocations.
• Ensuring treaty provisions due to be implemented over the next three years are implemented and administered in accordance with their terms and approved budget allocations.
• Continuing to draw down self-government jurisdictions under Treaty.

During the reporting period, the Finance Committee implemented a new method of budgeting revenues where the anticipated total is not detailed before the Budget Act is passed. In other words, governments aren't able to spend money that they haven't budgeted at the beginning of the year, and this is a central means of ensuring sound fiscal management by HFN Government. During the reporting period, the Finance Committee focussed on getting costs under control, costs (i.e. consultant fees, legal fees, and related contract) that were still influenced by preTreaty urgency. These costs were reviewed and in many cases reduced.

Invested Wealth Fund & Settlement Trust

HFN 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 HFN and its citizens.

Lands & Natural Resources

HFN 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. To accomplish these goals, during the reporting period, HFN:

• drafted Social Housing Regulation (to provide fair, effective, affordable and quality housing to HFN citizens);
• drafted Residential Lease Regulation (to establish a fair and effective system for the disposition of residential leases in Anacla, Sarita and Grappler Creek);
• continued BC Land Survey Phase 2 of Carnation Creek;
• signed and registered 36 land lot leases (99 year leases with the BC Land Title Office);
• worked toward the completion of four land lot leases;
• amended the Land Use Plan;
• developed various forms and permits;
• developed a harvest plan (or regulation) for Treaty Settlement Land.

Fisheries

In addition to joint Maa-nulth First Nations fisheries activities and reporting, HFN's Fisheries Committee works to ensure HFN meets its treaty obligations and fisheries allocations. During the reporting period, additional resources were expended in support of the food fish budget, including funding from the shared Geoduck licence administered by Nuu-chah-nulth Tribal Council (NTC) Fisheries.

Cooperative Parks Management

HFN works with Parks Canada on a Cooperative Parks Management Board. During the reporting period, HFN continued to develop and protect the Kiixʔin National Historic Site. More Pink Sand Verbena, an endangered indigenous species, was planted in the Keeha dunes area. Training was provided through the Nuu-chah-nulth Education and Training Program for the West Coast Trail Guardians who protect HFN Land on the West Coast Trail, which is part of Pacific Rim National Park Reserve.

Huu-ay-aht Economic Development

Huu-ay-aht Economic Development Committee manages HFN 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; further enhance the economic opportunities for its people by creating reliable job opportunities when they are justified in a profitable business.

During the reporting period, the committee focused primarily on the development of the Economic Development Act and related policy, which provided for the effective managerial separation of the HFN Government and Companies while retaining strategic input for government. The act establishes strategic control of HFN businesses, but keeps government at arms-length from management decisions that should be overseen by dedicated business leaders. The act sets out the means by which a business idea is developed into a plan and how that plan must be approved by government before being transferred to the companies who will operate the business.

The committee is also responsible for the development, maintenance, and review of agreed-upon economic development projects. During the reporting period, the highest priority projects were: the Sarita Microhydro Project (Run-of-the-River Independent Power Project development of a Pachena Bay area Store/ Café/Gas Station/Parkade, and the acquisition of the Market and Restaurant in Bamfield. In addition, the committee hired an Economic Development Officer.

Communications

HFN is committed to improving the quality of communication between HFN Government, administration, and citizens. During the reporting period, HFN conducted community meetings and introduced an HFN Citizen Survey.

Public Works & Infrastructure

During the reporting period, HFN Government's strategic priorities and activities included the following:

• pursue strategies to pave Port Alberni road to Anacla road;
• support self-reliance of citizens with leases on Huu-ay-aht TSL, primarily in Anacla;
• complete infrastructure to support establishment of new subdivision in Upper Anacla, including sewer treatment plant;
• establish an innovative program to remove solid waste from lower Anacla residences;
• bring Anacla roads up to standard of roads in Bamfield (Nookemus Road work was approved);
• ensure effective public works services by building Public Works Yard and Quonset hut;
• secure cost-effective government office location in Port Alberni;
• continue to improve public safety, (a feasibility study for Pachena River Pedestrian Walking Bridge for tsunami evacuation was completed);
• continue to improve drinking water quality in Anacla;
• improve community communications and connectivity in Anacla.

Huu-ay-aht Programs & Services

Governance

KCFN Government is designed to separate politics from administration while providing democracy, transparency, and certainty for KCFN citizens, clearly identified government roles and responsibilities, and reliable and transparent reporting. Since the Effective Date, KCFN has 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 Ha'wiih Advisory Council.

The Legislature makes laws and approves an annual budget. The KCFN Executive is comprised of eight members appointed by the Legislature from the legislative members (all except the Legislative Chair). A delegated authority of the KCFN Legislature, the KCFN Executive provides executive 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 members were appointed and KCFN's first Official Community Plan (OCP) was
commissioned. It is expected that the OCP will be completed and passed into law during the next reporting period.

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.

Enactment

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

• Budget Act (2012-2013).

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. Collectively, they are responsible for providing ongoing review of treaty implementation and make recommendations to KCFN Legislature regarding implementation. During the reporting period, the KCFN Implementation Committee met eight times 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, or 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 on-going basis.

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 reason- able opportunity for Maa-nulth First Nations to harvest wildlife, migratory birds, and fish in areas where British Columbia has authority. Since that agreement is not yet in place, British Columbia sends information (referrals) about developments which may affect the reasonable opportunity of the Maa-nulth First Nations to hunt and fish so that the Maa-nulth First Nations may have input into decision-making that could affect their right to harvest. KCFN continued to respond to referrals on an on-going 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 provided input to the Maa-nulth Annual Fishing Plan with new emphasis on a sampling plan which, for the first time in decades, will provide a realistic estimate of the abundance of Sockeye in the Hisnit River.

During the reporting period, KCFN citizens continued to adjust to the new fisheries regulatory regime and catch reporting continued to improve. At community fisheries meetings, citizens came with 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 challenges.

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. One bull ƛ̓ uunim (elk) was harvested from an annual 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). KCFN supported the other Maa-nulth First Nations in developing an "Order of the Director" to close the harvest of female deer and to limit the harvest of male deer to times of the year when they have antlers. 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 second Maa-nulth Wildlife Harvest Plan (which was approved by the British Columbia). The plan emphasizes managing for ƛ̓ uunim 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.

Forestry

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

Qacca Settlement Trust

KCFN, together with Toquaht Nation and Uchucklesaht Tribe, 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. 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 all future KCFN generations.

KCFN Programs & Services

Governance

Toquaht Nation's Council consists an appointed/hereditary Ḥaʔwił as Chief, an appointed/hereditary čaamaat`a (Second Chief), and three citizens elected for four-year terms. A Chairperson is chosen from among the five Council members for a four-year term after an election. 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 and Council.

During the reporting period, Council established the following new committees:

• Community Emergency Preparedness Committee;
• Lands Committee;
• ƛułcamis Committee (Community Garden);
• Fish and Wildlife Committee.

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 2012-2013) 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 to citizens and other readers.

Alberni Clayoquot Regional District

During the reporting period, Toquaht Nation initiated discussions with the Alberni Clayoquot Regional District (ACRD) regarding the costs, benefits, and obligations of joining the ACRD. Although Toquaht Nation has not yet initiated the process of joining the ACRD, it has initiated negotiations for a service agreement with the ACRD to perform building inspections for Toquaht's future residential and commercial construction.

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 two years of governing under the Treaty, Toquaht has noted several areas in which the Constitution is lacking. During the reporting period, Toquaht initiated a Constitutional Referendum to suggest changes that will strengthen the Constitution. The referendum will be held on September 27, 2013.

Legislation

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

• Economic Development Act
• Housing Authority Act
• Building Development and Authorization Act
• Land Act Amendment Act
• Toquaht Annual Budget Act
• Toquaht Five-Year Plan Act.

Official Community Plan

During the reporting period, as part of its treaty obligation, Toquaht Nation worked to develop an 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. An online survey for citizens was initiated and several workshops were held for community members. By the end of the reporting period, the plan was in draft form.

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.

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. 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

For the past five years, the community of Macoah's water system has been rated as "high risk" and residents have been on a longstanding "boil water advisory" from Health Canada. During the reporting period, three contractors bid on the construction of a new water treatment system. The system was under construction during the reporting period.

Fisheries

In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, Toquaht Nation distributed Toquaht Nation Harvest Documentation. Since the Effective Date, Toquaht Nation has seen a marked improvement in cooperation between the five Maa-nulth First Nations in the management of Domestic Fisheries.

During the reporting period, Toquaht Nation managed the Domestic Harvests of sockeye and halibut, and the distribution of fish to citizens. Toquaht Executive instructed the Director of Operations to purchase an Area D Gillnet Salmon licence and a ZN Licence (Rockfish by Hook and Line), when they become available at a reasonable cost, with federal funds set aside for the purchase of fishing licences.

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

Comprised of elected members of the Uchucklesaht Tribe Legislature, 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 Councillor, Economic Development, Secretary/ Treasurer, Lands and Resources, and Human Services.

Legislation & Regulation

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

• Survey Plan Reproductions Regulation
• Citizenship and Enrolment Forms Amendment Regulation
• Fee Regulation
• High-Capacity Fisher Forms Amending Regulation
• 2013-2014 Deer Harvest 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 Government operations, budget, audit, and annual reports. People's Assemblies were held three times during the reporting period.

Land

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

During the reporting period, British Columbia instructed the former Special Use Permit holder to complete required remediation and clean up of the "Silverside parcel." The Silverside parcel is part of the provincial Crown Lands identified in the Treaty as lands that will be added to Uchucklesaht Treaty Settlement Lands once these lands are transferred from British Columbia to the Maa-nulth First Nations.

Advisory Planning Commission

The Advisory Planning Commission is a volunteer group of Uchucklesaht citizens who make recommendations to Uchucklesaht Council concerning the development of the Official Community Plan (OCP). The committee consists of up to seven Uchucklesaht enrollees/ citizens that will take the lead in creating a draft OCP through consultation with Uchucklesaht citizens. Before any significant development takes place on Uchucklesaht Tribe Lands, Uchucklesaht Tribe Government is committed to ensuring that an official community land use plan is in place.

Fisheries

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

• administered Uchucklesaht Tribe's food fishery and distribution;
• distributed Uchucklesaht Tribe harvest documentation;
• offered information sessions and overviews of the Harvesting Laws and Regulations;
• assisted in the preparation of the Uchucklesaht Tribe Annual Fishing Plan and Bivalve Fishing Plan.

Commercial Fishery

During the reporting period, Uchucklesaht Tribe received its portion of federal funds for the purchase of commercial fishing licences and began exploring further opportunities for licences and quotas. The tribe hired an industry professional to investigate the various licences and recommend which are more feasible to purchase, and a report was forwarded to the Executive. No commercial licences were purchased by the end of the reporting period.

The Uchucklesaht Tribe did purchase a fishing boat (the Lorna Doone), with the intent of possibly using it for the Uchucklesaht fishery and for community transportation. The Lorna Doone is ready to hold a commercial licence when one is purchased.

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 and BC Parks, this committee was formed to consider the future of the Tiitskin Paawats, an area sacred to the Uchucklesaht Tribe. The Tiitskin Paawats is protected through Provincial Park legislation. During the reporting period, the committee made a proposal for co-management of the area between the Uchucklesaht Tribe and BC Parks. A management plan was prepared jointly between the two agencies, with the objective of protecting, enhancing, and interpreting this sacred area for both Uchucklesaht citizens and the general public.

Uchucklesaht / Canada Parks Cooperative Management Board

The Maa-nulth Treaty Side Agreement "Cooperation in the planning and management of Pacific Rim National Park Reserve," enables Uchucklesaht Tribe and Parks Canada to create a Cooperative Management Board. The goal is to begin co-management and protection of Pacific Rim National Park Reserve as soon as possible.

Economic Development Committee

During the reporting period, Uchucklesaht Tribe continued working on a five-year economic development plan, an economic development structure, and an Economic Development Law. By the end of the reporting period, the Economic Development Law and Governance and Fiscal Regulation were in place and Uchucklesaht Tribe had taken steps to form the Uchucklesaht Tribe Economic Development Committee, which will be tasked with planning for various economic development projects. The Uchucklesaht Tribe Economic Development Committee will be comprised of the Chief Councillor, economic development officer, and another individual who brings in business expertise. The committee will meet at least six times per year to discuss plans and economic development.

Capital Projects

The community celebrated the completion of the Electrification Project in the Uchucklesaht Village of Elhlateese in June, 2012. This project provided a replacement generating station on a new site with upgrades to existing road access and upgraded wiring for homes in the community that were hooked up to the new generating system. The benefits of the hybrid system are: reduced fuel consumption, a corresponding reduction in green-house gas (GHG) emissions, reduced risk of fuel spill due to reduced fuel handling. The station efficiency will increase as battery technology evolves and future renewable energy sources are easily integrated into the hybrid generating system to produce an extremely efficient solution.

Work on a new and upgraded waterworks system project began in the Uchucklesaht Village of Elhlateese and was complete by the end of the reporting period. This system was put in place in order to improve water system and quality. These upgrades brought the system up to Canadian Drinking Water Standards.

During the reporting period, the Uchucklesaht First Nation purchased the Rusty Anchor Inn, formerly known as the Somass Hotel, in uptown Port Alberni. The sale finalized during the reporting period and the entire building will be renovated. The plan is to transform the building into the new Uchucklesaht Administration, Cultural Practices and Business offices, retail outlets, boardrooms, a restaurant, and cultural centre. It is expected this work will be complete early in 2015.

Regional District

During the reporting period, Uchucklesaht Tribe attended Alberni Clayoquot Regional District (ACRD) Board Meetings as an observer. The objective was to observe procedures, meetings, and services offered before signing on to become a voting member of this board. Uchucklesaht Tribe hopes to become a member sometime in the next reporting period. Being a part of the ACRD Board will enable 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, emergency planning, etc.

Qacca Settlement Trust

The 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 Hit-tat-soo Assembly). The Yuułuʔiłʔatḥ Legislature blends the hereditary system of governing and a modern-day governance model.

The Yuułuʔiłʔatḥ Legislature consists of eight legislative members including the President (elected Chief), and a representative of the Ha'wiih Advisory Council, in this case, the taayii Ḥaʔwił, or head chief. The Legislature meets regularly to review recommendations from the Executive branch and to enact legislation. An independent chairperson presides over each meeting of the legislature. During the reporting period, the Yuułuʔiłʔatḥ Legislature adopted the Terms of Reference from the Housing Authority Working Group and passed five Laws or Acts (listed below).

The Executive branch of the Legislature is responsible for the oversight of the operations of the Yuułuʔiłʔatḥ Government and consists of the President and four members of the Legislature — each of whom is assigned a portfolio to oversee.

The Hit-tat-soo Assembly is a public meeting of the legislature and Yuułuʔiłʔatḥ citizens. Traditionally in the Nuu-chah-nulth culture, the Ha'wiih Advisory Council (the council of the Hereditary Chiefs) would conduct their business in public, at a feast. Today, citizens and legislators enjoy a meal before business is conducted. Reports to citizens are given by members of the Yuułuʔiłʔatḥ Legislature and senior government staff, and citizens are invited to add items to the agenda, ask questions, and be part of the discussion. These meetings are also chaired by the Legislature Chairperson, who presides over the meetings, maintaining a speaker's list, and a summary of resolutions passed at the meeting. During the reporting period, the Hit-tat-soo Assembly met four times.

The Yuułuʔiłʔatḥ Constitution states there will be an advisory body, composed of the Yuułuʔiłʔatḥ Ḥaʔwiiḥ, to be known as the Ha'wiih Advisory Council. The Yuułuʔiłʔatḥ
Legislature consults with and seeks the advice of the Ḥaʔwiiḥ in relation to the Yuułuʔiłʔatḥ culture and traditional values, Yuułuʔiłʔatḥ customary laws, and matters relating to the Maa-nulth First Nations Final Agreement Implementation Report 2012-2013.

Constitution in accordance with the rules of procedure for the Yuułuʔiłʔatḥ Legislature.

During the reporting period, the Yuułuʔiłʔatḥ Ḥaʔwiiḥ and elders met twice to discuss the creation of the Ha'wiih Advisory Council; to date, the council membership has not been determined.

Yuułuʔiłʔatḥ Treaty Implementation Committee

The Yuułuʔiłʔatḥ Treaty Implementation Committee met to discuss proposed changes to the Elections Act. Three major changes were recommended:

• a second polling station should be available for citizens (in Port Alberni);
• ballots should be mailed to all citizens rather than by request;
• the Chief Electoral Officer should receive nomination papers instead of government staff.

Legislation

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

• Elections Act Amendment Act
• Land Act Amendment Act
• Capital Borrowing Act
• Annual Budget Act 2013-2014
• Building and Development Authorization Act.

Lands, Resources & Assets

During the reporting period, the following activities were undertaken.

• Renovations took place on three of the six houses in the District of Ucluelet that were transferred to Yuułuʔiłʔatḥ as part of the Treaty. The houses are being rented at fair market value to create revenue, which will be invested in social housing for Yuułuʔiłʔatḥ citizens.
• Funding was approved for the detailed design of a new water reservoir and sewage upgrade.
• Phase One of the Official Community Plan (OCP) was adopted at the Yuułuʔiłʔatḥ Legislature and given second reading.

Fisheries

The Yuułuʔiłʔatḥ Resources Harvesting Act was created to establish a comprehensive regime for the management of natural resources in Yuułuʔiłʔatḥ territory, including the conservation, protection, and recovery of species at risk or species of special concern. In addition to participating in joint Maa-nulth First Nations fisheries activities and reporting, Yuułuʔiłʔatḥ Fisheries undertook the following activities:

• regular patrols of Yuułuʔiłʔatḥ Lands for monitoring and enforcement;
• ongoing enhancement initiatives to increase Nahmint Chinook;
• Harvest documentation was issued to 19 citizens who were obligated to report their catch.

During the reporting period, Yuułuʔiłʔatḥ Government received funding from Canada for the purchase of commercial fish licenses. To date, no licences have been purchased.

Finance & Taxation

The Financial Administration Act, passed during the reporting period, provides a framework for the use and management of Yuułuʔiłʔatḥ financial resources and promotes accountability in the use and management of such resources. The Real Property Tax Act creates a property tax system through which revenues are collected from owners and occupiers of Yuułuʔiłʔatḥ land to help fund programs and services for Yuułuʔiłʔatḥ citizens. In addition, Yuułuʔiłʔatḥ Government established an investment fund for the Time Limited Funding, the annual returns on which will be used to support additional costs of government into the future.

Yuułuʔiłʔatḥ Settlement Trust

Yuułuʔiłʔatḥ Government established the Yuułuʔiłʔatḥ Settlement Trust and deposited 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.

Economic Development

Yuułuʔiłʔatḥ Government believes that a healthy and prosperous future requires the nation and its citizens to 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.

• Yuułuʔiłʔatḥ's Economic Development arm was legally restructured and a new framework completed. Oversight of economic development is now conducted through a Holdings Board, which is removed from government and political interference. This restructuring also created several smaller Limited Partnerships.
• Yuułuʔiłʔatḥ took steps to make its presence known in Pacific Rim National Park Reserve (PRNPR) when YFN Management Services cleared a picnic area in the park. The area, known as Kʷisitis, is a former reserve. Yuułuʔiłʔatḥ owns 4.8 hectares of land within PRNPR. In addition, Quisitis Enterprises LP set up a snack bar at the Kʷisitis Interpretive Centre (which is within PRNPR).
• Treaty Settlement Land at Lost Shoe Creek was logged in preparation for the construction of a retail village.

Other Government Affiliations

The Yuułuʔiłʔatḥ Government is a voting member at the Alberni-Clayoquot Regional District. During the reporting period, the Yuułuʔiłʔatḥ Government held Community-to- Community Forums with the District of Ucluelet to discuss mutual concerns, such as land use planning. The Community-to-Community Forum Program is administered by the Union of BC Municipalities and the First Nations Summit.

Communications

During the reporting period, a new Yuułuʔiłʔatḥ website was unveiled and citizens continue to be informed about Yuułuʔiłʔatḥ Government activities via a weekly community newsletter and a monthly community newspaper called the Umacuk.

Yuułuʔiłʔatḥ Programs & Services

Language & Culture

The following activities were undertaken during the reporting period.

• The Drum-making and Shawl-making workshop series attracted citizens interested in celebrating traditional practices.
• Culture Nights and dance practice were held twice weekly, bringing community members together for dinner and cultural songs, drumming, and dancing. All ages participated, including advising elders.
• A language instructor and elders taught Nuu-chah-nulth (Barkley dialect) to adults in the community of Hitacu.

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 map 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 map 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

These maps are representations (not to scale) for general information only.