Nisga’a Final Agreement Act

 

The Nisga’a Final Agreement Act (1999) approves, declares valid and gives the force of law to the Nisga’a Final Agreement, a treaty and land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982, entered into by the Nisga’a Nation and the Governments of Canada and British Columbia.

 

The Nisga’a Final Agreement has a number of important consequences for Nisga’a citizens and the land and resources covered by the Agreement and situated in the Nass River Valley and watershed.  The Agreement stands as a full and final settlement of Nisga’a aboriginal rights to traditional lands; additionally, the Agreement settles issues of entitlement and management of Nisga’a land and resources as well as settling a number of areas of self-governance.  For example, the Agreement has specific chapters devoted to clarifying governance over Land, Forest Resources, Fisheries, Wildlife and Migratory Birds, and Environmental Assessment and Protection. 

 

The Agreement clarifies a number of important matters of governance. According to the Agreement, Canadian and provincial laws of general application will apply to Nisga’a lands and Nisga’a citizens; but, in cases of inconsistency with Nisga’a laws, in some cases the Canadian and provincial laws will prevail and in other cases the Nisga’a laws will take precedence.   Nisga’a laws will mostly prevail in matters involving Nisga’a citizenship, Nisga’a culture, Nisga’a language, Nisga’a lands and Nisga’a assets, but there are some exceptions, so reference should always be made to the Nisga’a Final Agreement.  The Constitution, the Canadian Charter of Rights and Freedoms and the Criminal Code will all continue to apply to Nisga’a citizens.

 

The Nisga’a Final Agreement Act is significant as BC’s first modern treaty and as an example of self-governance for First Nations.  Another example of self-governance is the Sechelt Indian Government District, which is an arrangement that was negotiated by the Sechelt Band, and legislatively enabled through the Sechelt Indian Band Self-Government Act (Canada) and provincial Sechelt Indian Government District Enabling Act.

 

A number of statutes were modified consequentially to the enactment of the Nisga’a Final Agreement Act.  For example, Part 24.1 of the Land Title Act is devoted to the land title issues arising with Nisga’a Lands as a result of the Nisga’a Final Agreement Act.

Provisions of special note:

 

·          The Final Agreement refers to a Harvest Agreement entered into by the parties, regarding the Nass salmon fishery.  Essentially, the Harvest Agreement allocates a percentage of the total allowable catch of Nass salmon as an entitlement to the Nisga’a Nation.  However, it provides that the Nisga’a fishery may not take place unless Fisheries and Oceans Canada has determined that the salmon fish stocks are sufficient to warrant a salmon fishery.  Also, Nisga’a may not sell salmon unless the commercial and recreational fishery also permits non-Nisga’a to catch salmon.

·          Section 373.63 of the Land Title Act confirms that a section 219 covenant as to use and alienation (a conservation covenant) may be registered in respect of Nisga’a Lands in favour of the Nisga’a Nation, a Nisga’a Village or a Nisga’a Corporation.

Related Guide pages:

·          Aboriginal Rights and Title

·          Role of Treaties

For more information about the Nisga’a Final Agreement Act:

 

·          Electronic version of the Nisga’a Final Agreement Act

·          Library of Parliament, Parliamentary Research Branch paper on the Nisga’a Final Agreement (PRB 99-2E) (prepared by Mary C. Hurley, Law and Government Division, 9 February 1999 and revised 24 September 2001)

·          Nisga’a Final Agreement Implementation Report 2001-2002