British Columbia Treaty Commission Act (S.C. 1995, c. 45)

Act current to 2016-09-18 and last amended on 2005-04-01. Previous Versions

British Columbia Treaty Commission Act

S.C. 1995, c. 45

Assented to 1995-12-15

An Act respecting the establishment of the British Columbia Treaty Commission

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the British Columbia Treaty Commission Act.

Interpretation

Marginal note:Definitions

 In this Act,

Agreement

Accord

Agreement means the British Columbia Treaty Commission Agreement executed among the Summit, Her Majesty in right of Canada and Her Majesty in right of British Columbia on September 21, 1992 and includes any amendments to it that may be made from time to time; (Accord)

Commission

Commission

Commission means the British Columbia Treaty Commission established as set out in section 4; (Commission)

first nation

première nation

first nation means an aboriginal governing body, however organized and established by aboriginal people within their traditional territory in British Columbia, that has been mandated by its constituents to enter into treaty negotiations on their behalf with Her Majesty in right of Canada and Her Majesty in right of British Columbia; (première nation)

Lieutenant Governor in Council

lieutenant-gouverneur en conseil

Lieutenant Governor in Council means the Lieutenant Governor in Council of British Columbia; (lieutenant-gouverneur en conseil)

Minister

ministre

Minister means such member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

principals

signataires

principals means Her Majesty in right of Canada, Her Majesty in right of British Columbia and the Summit; (signataires)

Summit

Sommet

Summit means the body that is established to represent the first nations in British Columbia that agree to participate in the process provided for in the Agreement to facilitate the negotiation of treaties among first nations, Her Majesty in right of Canada and Her Majesty in right of British Columbia. (Sommet)

Purpose of Act

Marginal note:Purpose of Act

 The purpose of this Act is to establish the British Columbia Treaty Commission as undertaken in the Agreement.

Establishment of Commission

Marginal note:Commission jointly established
  •  (1) There is established, by the joint operation of this Act, an Act of the Legislature of British Columbia and a resolution of the Summit, the British Columbia Treaty Commission consisting of the Chief Commissioner and not more than four other commissioners.

  • Marginal note:Commission is provincial entity

    (2) Subject to section 14, the Commission shall for all purposes be treated as having been established by or under an Act of the Legislature of British Columbia.

  • Marginal note:Not agent

    (3) The Commission is not an agent of any of the principals.

Purpose and Powers of Commission

Marginal note:Purpose of Commission
  •  (1) The purpose of the Commission is to facilitate, in British Columbia, the negotiation of treaties among one or more first nations, Her Majesty in right of Canada and Her Majesty in right of British Columbia.

  • Marginal note:Powers of the Commission

    (2) The Commission has the capacity and powers of a natural person, including the power to sue and be sued, to enter into contracts and to acquire, hold and dispose of property for its purpose.

  • Marginal note:Duties

    (3) In furthering its purpose, the Commission shall

    • (a) assess the readiness, in accordance with the Agreement, of Her Majesty in right of Canada, Her Majesty in right of British Columbia and one or more first nations to begin negotiations;

    • (b) allocate funds that have been provided to enable first nations to participate in negotiations, in accordance with criteria agreed to by the principals;

    • (c) encourage timely negotiations;

    • (d) where the parties to a negotiation all agree, assist them in obtaining dispute resolution services;

    • (e) prepare and maintain a public record of the status of negotiations; and

    • (f) perform any other duties that are consistent with the Agreement and this Act.

Commissioners

Marginal note:Meaning of “prior commissioner”
  •  (1) In this section, prior commissioner means any person who, at any time before the coming into force of this Act, was a commissioner pursuant to an appointment made by resolution of the Summit, an order of the Governor in Council or an order of the Lieutenant Governor in Council or jointly by the Governor in Council, the Lieutenant Governor in Council and the Summit.

  • Marginal note:Prior commissioners continue

    (2) The prior commissioners in office on the coming into force of this Act are confirmed and continue as commissioners on and after the date of the establishment of the Commission as though they had been appointed pursuant to subsection 7(1).

  • Marginal note:Rights and obligations

    (3) The Commission has all the rights, property and interests in existence on the coming into force of this Act that were acquired by, and is, instead of any prior commissioner, responsible for all the debts, liabilities and obligations in existence on the coming into force of this Act that were incurred by, a prior commissioner in the performance of that person’s duties as a commissioner.

Marginal note:Appointment of commissioners
  •  (1) One commissioner is to be appointed by order of the Governor in Council, one commissioner is to be appointed by order of the Lieutenant Governor in Council, two commissioners are to be appointed by resolution of the Summit and the Chief Commissioner is to be appointed jointly by the Governor in Council, the Lieutenant Governor in Council and the Summit.

  • Marginal note:Term of office

    (2) The Chief Commissioner may be appointed for a term not exceeding three years and each of the other commissioners may be appointed for a term not exceeding two years.

  • Marginal note:Removal of Chief Commissioner

    (3) The Chief Commissioner holds office during pleasure and may be removed by the Governor in Council, the Lieutenant Governor in Council and the Summit jointly.

  • Marginal note:Removal of other commissioners

    (4) A commissioner other than the Chief Commissioner holds office during pleasure and may be removed by the person or body that appointed the commissioner.

  • Marginal note:Re-appointment

    (5) A commissioner or former commissioner may be re-appointed.

Marginal note:Chief executive officer
  •  (1) The Chief Commissioner is the chief executive officer of the Commission and has supervision over and direction of the day to day operations of the Commission.

  • Marginal note:Absence or incapacity

    (2) In the event of the absence or incapacity of the Chief Commissioner or if that office is vacant, the other commissioners may designate, by unanimous agreement, one of them to act as Chief Commissioner during the absence, incapacity or vacancy, and the commissioner so designated has and may exercise all of the powers and perform all of the duties and functions of the Chief Commissioner.

Marginal note:Terms and conditions of appointment

 After the principals have reached agreement, the remuneration and other terms and conditions of the appointment of the commissioners are to be fixed by order of the Governor in Council, order of the Lieutenant Governor in Council and resolution of the Summit.

General Provisions

Marginal note:Office

 The office of the Commission shall be in British Columbia.

Marginal note:Quorum
  •  (1) The Chief Commissioner, one commissioner appointed by the Governor in Council, one commissioner appointed by the Lieutenant Governor in Council and one commissioner appointed by the Summit constitute a quorum of the Commission.

  • Marginal note:Where acting Chief Commissioner

    (2) For the purpose of determining a quorum, an acting Chief Commissioner shall be counted both as Chief Commissioner and as a commissioner appointed by the person or body that appointed the commissioner.

 
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