Mayor's Report - August 1999

In early July, the Lower Mainland Treaty Advisory Committee (LMTAC) released its "First Principles" document for review by its 23 member municipalities. This is an exceedingly important document that details some 35 principles as key concerns that treaty negotiations must consider. One of the key issues is the status of 'fee-simple' lands owned by First Nations outside of "core" treaty settlement lands.

Principle #12 from that document states: "Fee-simple treaty settlement lands should be held as fee-simple land and not have any unique status as outlined in any other agreement". This principle speaks to the need for consistency in local government regulatory jurisdiction and taxation authority over lands that may be transferred as part of a treaty settlement, and the need for treaty settlement lands within municipalities and regional districts to be treated like all other lands. In other words, lands received by a First Nation as part of a treaty settlement (or added after the treaty is signed) should have no new or special status, i.e. the lands should be owned in 'fee-simple'.

LMTAC has asked for clarity on the legal definition of 'fee-simple', and how treaty settlement lands will be registerable under the provincial Land Titles Act. LMTAC has also asked how the form of 'fee-simple' land created by the Nisga'a Final Agreement is different from 'fee-simple' lands held by private property owners; that is, whether the Crown retains underlying title as for all fee-simple property owned by non-natives in BC.

Thus far the provincial negotiating team has avoided a direct response by only saying: "This principle raises several issues. Detailed discussion will be required to explore and understand the interests underlying this principle". With "agreement-in-principle" being negotiated at two tables within the Lower Mainland, it is very disturbing to think that the Province has not analyzed the implications of these important questions, and developed clear policies on the issues as part of the provincial mandate for the negotiations.

Other important issues which the Province has differing views from LMTAC include:

1. A dispute resolution mechanism for Local Governments and First Nations.
2. Recognition of existing provincial fiscal commitments to Local Governments.
3. Development of flexible taxation and cost recovery mechanisms for Local Governments dealing with aboriginal governments.
4. Equality of opportunity for Local Governments to assume powers available to aboriginal governments under treaty settlements.

To provide an opportunity for Belcarra residents to discuss the "First Principles" document prior to the September 30th timeline for responding to LMTAC, Council has scheduled a public information meeting for 7:30 PM Tuesday, September 14th, at the Village Hall. This is a superb opportunity to gain insight into the issues and concerns with which LMTAC has been wrestling. Come learn about the issues, ask questions, and participate in discussions that are important to the future of British Columbia.

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