Lands

Attention: this is very old content, revived mostly for historical interest. Many of the pages on this site are still useful, but please bear in mind that they may be out of date. (Especially, do not try to use contact information, phone numbers, etc. found on these pages unless you couldn't find anything more recent.)
See here for more information.


Contents Lands	Overview This chapter establishes the boundaries of, and describes the Nisga’a Nation’s ownership of, Nisga’a Lands and Nisga’a Fee Simple Lands. It provides for the granting of a Nisga’a commercial recreation tenure, requires the designation of Nisga’a Heritage Sites and the renaming of Nisga’a geographic features, sets out Nisga’a rights in the Nisga’a Memorial Lava Bed Park and the Gingietl Creek Ecological Reserve, and specifies Nisga’a entitlements to water resources. What are Nisga’a Lands? Nisga’a Lands make up 1,992 square kilometres of land, encompassing all four Nisga’a Villages. Which areas within the outer boundary are not part of Nisga’a Lands? It includes submerged lands (river and lake bottoms), the Nisga’a Memorial Lava Bed Park, the Gingietl Creek Ecological Reserve, the Nisga’a Highway corridor, Indian Reserve #88 at Red Bluff, existing private fee simple parcels (including the roads inside those parcels), existing agriculture lease areas and the existing woodlot licence area. (see Nisga’a Lands and Nisga’a Fee Simple Lands map in Appendices) What is the nature of Nisga’a ownership of Nisga’a Lands? On the effective date, the Nisga’a Nation owns the “full” fee simple estate in Nisga’a Lands. Under Canadian law, the full fee simple estate is the largest and most complete interest in land that can be owned by any subject of the Crown. Most private land owners in the province have a “limited” fee simple estate, under which British Columbia owns the subsurface and the roads, can “resume” 1/20th of the land, and has other rights such as the right to take sand, gravel and timber. The Nisga’a Nation’s fee simple estate is not subject to any of these limitations. Can the Nisga’a Nation grant interests in Nisga’a Lands? Yes. The Nisga’a Nation can grant an interest or estate in a parcel of Nisga’a Lands (the full fee simple estate, a limited fee simple estate, a lease, a right of way, etc.) to a Nisga’a Village, a Nisga’a Corporation, a Nisga’a citizen, or any other person. However, even if the Nisga’a Nation grants the full fee simple estate to a non-Nisga’a person, the land continues to be Nisga’a Lands and therefore remains under the jurisdiction of Nisga’a Government. Will it be possible to add parcels of land to Nisga’a Lands? Yes. For example, if the Nisga’a Nation, a Nisga’a Village, a Nisga’a Corporation or a Nisga’a citizen becomes the owner of an existing private fee simple parcel within the outer boundary, or an existing agriculture lease or woodlot licence area within the outer boundary, the Nisga’a Nation can add that land to Nisga’a Lands with the consent of the owner. If the Nisga’a become owners of land outside of but touching the outer boundary, that land can be added to Nisga’a Lands on a similar basis, if Canada and British Columbia consent. What happens if there is a dispute about any of the boundaries of Nisga’a Lands? The dispute can be settled by arbitration under the Dispute Resolution Chapter. Who determines the boundaries of Nisga’a Public Lands, Nisga’a Private Lands and Nisga’a Village Lands? Nisga’a Lisims Government. Who owns subsurface resources under Nisga’a Lands? Who controls mineral royalties? On the effective date, all mineral resources are owned by the Nisga’a Nation. Nisga’a Lisims Government controls mineral royalties. What are Nisga’a rights over submerged lands within Nisga’a Lands? Unless Nisga’a Lisims Government consents, British Columbia cannot sell submerged lands, or grant a long-term lease, or authorize a use that would adversely affect Nisga’a Lands or Nisga’a Treaty interests. Nisga’a Lisims Government cannot unreasonably withhold its consent to provincial proposals for submerged lands. If the Nisga’a Nation, a Nisga’a Village, a Nisga’a Corporation or a Nisga’a citizen proposes to use or acquire an interest in submerged lands, and if Nisga’a Lisims Government consents, and if the proposal conforms to provincial law, British Columbia cannot unreasonably refuse the proposal. Which existing interests within Nisga’a Lands will be replaced or continued? Nisga’a Government will replace a number of licences, permits, leases, and other existing interests in Nisga’a Lands, as specified in Appendix C of the Treaty. These include Nisga’a certificates of possession and band council resolutions for the occupation of Village lots, licenses for telecommunications facilities, permits for forestry operations, and licences for government facilities. In addition, existing angling guide licenses and traplines will be continued under provincial law. Will contaminated sites within Nisga’a Lands be cleaned up? Yes. British Columbia will inspect the sites specified in Schedule B of the Chapter. If any of these sites is found to be contaminated under provincial law, it will be cleaned up in accordance with provincial law. What are Nisga’a Fee Simple Lands? On the effective date, the Nisga’a Nation owns parcels of land at 33 sites outside Nisga’a Lands. These parcels are together called Nisga’a Fee Simple Lands, and are divided into Category A Lands and Category B Lands. Each of these parcels is shown in detail in Appendix D of the Treaty. What are Category A Lands? Category A Lands are parcels at the sites of 18 former Nisga’a reserves outside of Nisga’a Lands. The total area of these parcels is approximately 25 square kilometres. What is the nature of Nisga’a ownership of the Category A Lands? On the effective date, the Nisga’a Nation owns a fee simple estate in the Category A Lands that is nearly as “full” as the fee simple estate in Nisga’a Lands. There are some differences. For instance, British Columbia can authorize other persons to take water across the Category A Lands. Generally, however, the Nisga’a Nation has full rights of ownership in the Category A Lands. Are any Category A Lands subject to other interests? Yes. For example, parts of the Kshwan and Tackuan parcels are subject to existing mineral claims. Part of the Kshwan parcel is also subject to a provincial right of way for public access. What are Category B Lands? Category B Lands are parcels at 15 additional sites. The total area of these parcels is approximately 2.5 square kilometres. What is the nature of Nisga’a ownership of Category B Lands? On the effective date, the Nisga’a Nation owns a fee simple estate in the Category B Lands that is similar to the “limited” fee simple estate held by most private owners in the province. For example, British Columbia will own the subsurface resources and reserve most of the other standard provincial rights. Are any Category B Lands subject to other interests or restrictions? Yes. For example, part of the Hattie Island parcel is subject to a federal licence for a navigation light. Parts of the Nasoga Gulf, Echo Cove, Ohl Creek, Amoth Lake and Amoth Headwaters Lake parcels are subject to restrictive covenants for the protection of creeks and lakes. Can any interest in Nisga’a Lands, Category A Lands or Category B Lands be expropriated under federal legislation? Yes, but there are special protections against federal expropriation of any interest in Nisga’a Lands, Category A Lands or Category B Lands. No federal expropriation can take place if other suitable land is reasonably available. Any federal expropriation must be justifiable for a federal public purpose, of the smallest interest necessary, and for the shortest time required. The federal cabinet must give its consent. What happens if an expropriation under federal legislation does take place? The owner will receive compensation, taking into account specified factors. Canada will make reasonable efforts to acquire alternative land to offer as all or part of the expropriation. If the expropriated interest subsequently becomes unnecessary for the purpose for which it was taken, the interest will revert to the Nisga’a Nation or the Nisga’a Village. Can any interest in Nisga’a Lands, Category A Lands or Category B Lands be expropriated under provincial legislation? In Nisga’a Lands, no. In Category A Lands, yes, but there are special protections. No provincial expropriation can take place unless it is justifiable and necessary for a provincial public purpose and for the use of a provincial ministry or agency. Any provincial expropriation must be of the smallest interest necessary and for the shortest time required. The provincial cabinet must give its consent. In Category B Lands, yes, under provincial laws of general application. What happens if an expropriation under provincial legislation does take place? British Columbia must provide fair compensation to the owner. If the owner is the Nisga’a Nation, a Nisga’a Village or a Nisga’a Corporation, British Columbia can be required to provide available Crown land as compensation, and that land may become Category A Lands or Category B Lands, as the case may be. Who pays for the initial surveys of Nisga’a Lands and Nisga’a Fee Simple Lands? Canada and British Columbia. What is the Nisga’a commercial recreation tenure? The Nisga’a commercial recreation tenure is a licence issued by British Columbia under provincial law and based on an approved Management Plan. Under the Management Plan, the Nisga’a Nation can conduct guided hiking and wildlife viewing activities within the tenure areas on a commercial basis. The Nisga’a commercial recreation tenure has an initial term of 27 years. For seven years after the effective date the Management Plan will be phased in and British Columbia cannot issue another commercial recreation tenure within the tenure areas that conflicts with the Management Plan for the Nisga’a tenure.(see Commercial Recreation Areas map in Appendices) How will Nisga’a Heritage Sites and Nisga’a names for geographic features outside Nisga’a Lands be recognized? British Columbia will give heritage status to the Nisga’a cultural and historic sites and will rename the Nisga’a geographic features set out in Appendix F of the Treaty. Will the Nisga’a Memorial Lava Bed Park be continued as a Class "A" provincial park? Yes, unless the Nisga’a Nation and British Columbia agree otherwise. Provincial funding for the park over time will be similar to funding generally provided to comparable parks in British Columbia. Nisga’a history and culture will continue to be promoted as the primary cultural features of the park. What rights do Nisga’a Lisims Government and Nisga’a citizens have in the park? Nisga’a Lisims Government participates in the planning, management and development of the park through the Joint Park Management Committee. This committee has equal numbers of members appointed by Nisga’a Lisims Government and British Columbia, and makes recommendations to the provincial Minister and Nisga’a Lisims Government. Nisga’a citizens have the right to traditional uses of the lands and resources within the park, including domestic resource harvesting. Will the Gingietl Creek Ecological Reserve be continued as a provincial ecological reserve? Yes, unless the Nisga’a Nation and British Columbia agree otherwise. What rights do Nisga’a Lisims Government and Nisga’a citizens have in the Ecological Reserve? The Joint Park Management Committee reviews and makes recommendations to Nisga’a Lisims Government and the responsible provincial Minister about the management of the Ecological Reserve. Upon request, the Nisga’a Nation and British Columbia will jointly determine whether and how a road across the Ecological Reserve can be constructed. Any dispute about this matter can be determined by arbitration under the Dispute Resolution Chapter. Nisga’a citizens have the right to traditional uses of the lands and resources within the Ecological Reserve, including domestic resource harvesting. What is the role of the Nisga’a Nation in other parks in the Nass Area? British Columbia will consult with Nisga’a Lisims Government about the planning and management of all other provincial parks in the Nass Area. Bear Glacier Provincial Park will remain a Class A park under provincial legislation. On request, the Nisga’a Nation, British Columbia and Canada will attempt to negotiate the establishment of a marine park in the Nass Area. What is the Nisga’a Water Reservation? British Columbia will establish a water reservation for the Nisga’a Nation of 300,000 cubic decametres of water per year from the Nass River and other streams within Nisga’a Lands. This volume is equivalent to 6.6 billion imperial gallons per year. This Nisga’a Water Reservation (NWR) is for domestic, industrial and agricultural purposes and has priority over all future water licenses. Up to 50 per cent of the “available flow” of most streams within Nisga’a Lands can be licensed under the Nisga’a Water Reservation. Seven streams have other specified percentages of available flow. When the Nisga’a Nation, a Nisga’a Village, a Nisga’a Corporation or a Nisga’a citizen applies for a water licence under the Nisga’a Water Reservation, British Columbia will issue the licence if the Nisga’a Nation has consented and the application meets provincial regulatory requirements. Water licences issued under the Nisga’a Water Reservation are not subject to any rentals, fees or other charges by British Columbia. Are there additional Nisga’a rights relating to water licences? Yes. When the amount of water to which the Nisga’a are entitled under the NWR for a particular stream is completely licensed, the Nisga’a Nation, a Nisga’a Village, a Nisga’a Corporation or a Nisga’a citizen can still obtain a regular provincial water licence on the stream if the Nisga’a Nation consents, the application meets provincial requirements, and there is enough available water in the stream. The Nisga’a can also apply for water licences on streams outside Nisga’a Lands under provincial laws of general application. British Columbia will consult with the Nisga’a Nation about all applications for water licences on streams within Nisga’a Lands. Nisga’a Lisims Government can nominate a “water bailiff” under the provincial Water Act for streams within Nisga’a Lands. Are there rights to use land relating to water licences? Yes. When a Nisga’a water licence holder needs to use Crown land for the construction of authorized water works, British Columbia will provide access to the Crown land, on reasonable terms. When a Nisga’a water licence holder needs to use private fee simple land for the construction of authorized water works, access may be acquired under provincial laws of general application. When a non-Nisga’a water licence holder needs to use Nisga’a Lands for the construction of authorized water works, Nisga’a Government cannot unreasonably withhold consent if the licence holder offers fair compensation and if there is agreement on such matters as the location, size, duration and nature of the access. Disputes can be determined by arbitration under the Dispute Resolution Chapter. What is the Nisga’a Hydro Power Reservation? British Columbia will establish a second water reservation over all the unused water from streams within Nisga’a Lands, to enable the Nisga’a Nation to investigate whether any streams are suitable for hydro power production. This Nisga’a Hydro Power Reservation will have a term of 20 years. If the Nisga’a Nation applies for a specific water reservation on a stream, British Columbia will establish that reservation if it considers that the stream is suitable for hydro power purposes. When the Nisga’a Nation subsequently applies for a water licence on that stream, British Columbia will grant the licence if the proposed hydro power project conforms to federal and provincial regulatory requirements. What is the current situation regarding Nisga’a ownership of reserve land? The four Nisga’a bands currently have a number of reserves established under the Indian Act. In all cases, however, the reserves are owned by Canada and “set apart” for the use and benefit of a band. In all cases, the bands are extremely restricted as to how they can use the reserves, both by the Indian Act and by the policies of the Minister of Indian Affairs. The total area of these reserves is only 75 square kilometres, approximately.

Contents

Lands

Overview

This chapter establishes the boundaries of, and describes the Nisga’a Nation’s ownership of, Nisga’a Lands and Nisga’a Fee Simple Lands. It provides for the granting of a Nisga’a commercial recreation tenure, requires the designation of Nisga’a Heritage Sites and the renaming of Nisga’a geographic features, sets out Nisga’a rights in the Nisga’a Memorial Lava Bed Park and the Gingietl Creek Ecological Reserve, and specifies Nisga’a entitlements to water resources.

What are Nisga’a Lands?

Nisga’a Lands make up 1,992 square kilometres of land, encompassing all four Nisga’a Villages.

Which areas within the outer boundary are not part of Nisga’a Lands?

It includes submerged lands (river and lake bottoms), the Nisga’a Memorial Lava Bed Park, the Gingietl Creek Ecological Reserve, the Nisga’a Highway corridor, Indian Reserve #88 at Red Bluff, existing private fee simple parcels (including the roads inside those parcels), existing agriculture lease areas and the existing woodlot licence area. (see Nisga’a Lands and Nisga’a Fee Simple Lands map in Appendices)

What is the nature of Nisga’a ownership of Nisga’a Lands?

On the effective date, the Nisga’a Nation owns the “full” fee simple estate in Nisga’a Lands. Under Canadian law, the full fee simple estate is the largest and most complete interest in land that can be owned by any subject of the Crown.

Most private land owners in the province have a “limited” fee simple estate, under which British Columbia owns the subsurface and the roads, can “resume” 1/20th of the land, and has other rights such as the right to take sand, gravel and timber. The Nisga’a Nation’s fee simple estate is not subject to any of these limitations.

Can the Nisga’a Nation grant interests in Nisga’a Lands?

Yes. The Nisga’a Nation can grant an interest or estate in a parcel of Nisga’a Lands (the full fee simple estate, a limited fee simple estate, a lease, a right of way, etc.) to a Nisga’a Village, a Nisga’a Corporation, a Nisga’a citizen, or any other person. However, even if the Nisga’a Nation grants the full fee simple estate to a non-Nisga’a person, the land continues to be Nisga’a Lands and therefore remains under the jurisdiction of Nisga’a Government.

Will it be possible to add parcels of land to Nisga’a Lands?

Yes. For example, if the Nisga’a Nation, a Nisga’a Village, a Nisga’a Corporation or a Nisga’a citizen becomes the owner of an existing private fee simple parcel within the outer boundary, or an existing agriculture lease or woodlot licence area within the outer boundary, the Nisga’a Nation can add that land to Nisga’a Lands with the consent of the owner. If the Nisga’a become owners of land outside of but touching the outer boundary, that land can be added to Nisga’a Lands on a similar basis, if Canada and British Columbia consent.

What happens if there is a dispute about any of the boundaries of Nisga’a Lands?

The dispute can be settled by arbitration under the Dispute Resolution Chapter.

Who determines the boundaries of Nisga’a Public Lands, Nisga’a Private Lands and Nisga’a Village Lands?

Nisga’a Lisims Government.

Who owns subsurface resources under Nisga’a Lands? Who controls mineral royalties?

On the effective date, all mineral resources are owned by the Nisga’a Nation. Nisga’a Lisims Government controls mineral royalties.

What are Nisga’a rights over submerged lands within Nisga’a Lands?

Unless Nisga’a Lisims Government consents, British Columbia cannot sell submerged lands, or grant a long-term lease, or authorize a use that would adversely affect Nisga’a Lands or Nisga’a Treaty interests. Nisga’a Lisims Government cannot unreasonably withhold its consent to provincial proposals for submerged lands.

If the Nisga’a Nation, a Nisga’a Village, a Nisga’a Corporation or a Nisga’a citizen proposes to use or acquire an interest in submerged lands, and if Nisga’a Lisims Government consents, and if the proposal conforms to provincial law, British Columbia cannot unreasonably refuse the proposal.

Which existing interests within Nisga’a Lands will be replaced or continued?

Nisga’a Government will replace a number of licences, permits, leases, and other existing interests in Nisga’a Lands, as specified in Appendix C of the Treaty. These include Nisga’a certificates of possession and band council resolutions for the occupation of Village lots, licenses for telecommunications facilities, permits for forestry operations, and licences for government facilities. In addition, existing angling guide licenses and traplines will be continued under provincial law.

Will contaminated sites within Nisga’a Lands be cleaned up?

Yes. British Columbia will inspect the sites specified in Schedule B of the Chapter. If any of these sites is found to be contaminated under provincial law, it will be cleaned up in accordance with provincial law.

What are Nisga’a Fee Simple Lands?

On the effective date, the Nisga’a Nation owns parcels of land at 33 sites outside Nisga’a Lands. These parcels are together called Nisga’a Fee Simple Lands, and are divided into Category A Lands and Category B Lands. Each of these parcels is shown in detail in Appendix D of the Treaty.

What are Category A Lands?

Category A Lands are parcels at the sites of 18 former Nisga’a reserves outside of Nisga’a Lands. The total area of these parcels is approximately 25 square kilometres.

What is the nature of Nisga’a ownership of the Category A Lands?

On the effective date, the Nisga’a Nation owns a fee simple estate in the Category A Lands that is nearly as “full” as the fee simple estate in Nisga’a Lands. There are some differences. For instance, British Columbia can authorize other persons to take water across the Category A Lands. Generally, however, the Nisga’a Nation has full rights of ownership in the Category A Lands.

Are any Category A Lands subject to other interests?

Yes. For example, parts of the Kshwan and Tackuan parcels are subject to existing mineral claims. Part of the Kshwan parcel is also subject to a provincial right of way for public access.

What are Category B Lands?

Category B Lands are parcels at 15 additional sites. The total area of these parcels is approximately 2.5 square kilometres.

What is the nature of Nisga’a ownership of Category B Lands?

On the effective date, the Nisga’a Nation owns a fee simple estate in the Category B Lands that is similar to the “limited” fee simple estate held by most private owners in the province. For example, British Columbia will own the subsurface resources and reserve most of the other standard provincial rights.

Are any Category B Lands subject to other interests or restrictions?

Yes. For example, part of the Hattie Island parcel is subject to a federal licence for a navigation light. Parts of the Nasoga Gulf, Echo Cove, Ohl Creek, Amoth Lake and Amoth Headwaters Lake parcels are subject to restrictive covenants for the protection of creeks and lakes.

Can any interest in Nisga’a Lands, Category A Lands or Category B Lands be expropriated under federal legislation?

Yes, but there are special protections against federal expropriation of any interest in Nisga’a Lands, Category A Lands or Category B Lands. No federal expropriation can take place if other suitable land is reasonably available. Any federal expropriation must be justifiable for a federal public purpose, of the smallest interest necessary, and for the shortest time required. The federal cabinet must give its consent.

What happens if an expropriation under federal legislation does take place?

The owner will receive compensation, taking into account specified factors. Canada will make reasonable efforts to acquire alternative land to offer as all or part of the expropriation. If the expropriated interest subsequently becomes unnecessary for the purpose for which it was taken, the interest will revert to the Nisga’a Nation or the Nisga’a Village.

Can any interest in Nisga’a Lands, Category A Lands or Category B Lands be expropriated under provincial legislation?

In Nisga’a Lands, no.

In Category A Lands, yes, but there are special protections. No provincial expropriation can take place unless it is justifiable and necessary for a provincial public purpose and for the use of a provincial ministry or agency. Any provincial expropriation must be of the smallest interest necessary and for the shortest time required. The provincial cabinet must give its consent.

In Category B Lands, yes, under provincial laws of general application.

What happens if an expropriation under provincial legislation does take place?

British Columbia must provide fair compensation to the owner. If the owner is the Nisga’a Nation, a Nisga’a Village or a Nisga’a Corporation, British Columbia can be required to provide available Crown land as compensation, and that land may become Category A Lands or Category B Lands, as the case may be.

Who pays for the initial surveys of Nisga’a Lands and Nisga’a Fee Simple Lands?

Canada and British Columbia.

What is the Nisga’a commercial recreation tenure?

The Nisga’a commercial recreation tenure is a licence issued by British Columbia under provincial law and based on an approved Management Plan. Under the Management Plan, the Nisga’a Nation can conduct guided hiking and wildlife viewing activities within the tenure areas on a commercial basis.

The Nisga’a commercial recreation tenure has an initial term of 27 years. For seven years after the effective date the Management Plan will be phased in and British Columbia cannot issue another commercial recreation tenure within the tenure areas that conflicts with the Management Plan for the Nisga’a tenure.(see Commercial Recreation Areas map in Appendices)

How will Nisga’a Heritage Sites and Nisga’a names for geographic features outside Nisga’a Lands be recognized?

British Columbia will give heritage status to the Nisga’a cultural and historic sites and will rename the Nisga’a geographic features set out in Appendix F of the Treaty.

Will the Nisga’a Memorial Lava Bed Park be continued as a Class "A" provincial park?

Yes, unless the Nisga’a Nation and British Columbia agree otherwise. Provincial funding for the park over time will be similar to funding generally provided to comparable parks in British Columbia. Nisga’a history and culture will continue to be promoted as the primary cultural features of the park.

What rights do Nisga’a Lisims Government and Nisga’a citizens have in the park?

Nisga’a Lisims Government participates in the planning, management and development of the park through the Joint Park Management Committee. This committee has equal numbers of members appointed by Nisga’a Lisims Government and British Columbia, and makes recommendations to the provincial Minister and Nisga’a Lisims Government. Nisga’a citizens have the right to traditional uses of the lands and resources within the park, including domestic resource harvesting.

Will the Gingietl Creek Ecological Reserve be continued as a provincial ecological reserve?

Yes, unless the Nisga’a Nation and British Columbia agree otherwise.

What rights do Nisga’a Lisims Government and Nisga’a citizens have in the Ecological Reserve?

The Joint Park Management Committee reviews and makes recommendations to Nisga’a Lisims Government and the responsible provincial Minister about the management of the Ecological Reserve.

Upon request, the Nisga’a Nation and British Columbia will jointly determine whether and how a road across the Ecological Reserve can be constructed. Any dispute about this matter can be determined by arbitration under the Dispute Resolution Chapter. Nisga’a citizens have the right to traditional uses of the lands and resources within the Ecological Reserve, including domestic resource harvesting.

What is the role of the Nisga’a Nation in other parks in the Nass Area?

British Columbia will consult with Nisga’a Lisims Government about the planning and management of all other provincial parks in the Nass Area. Bear Glacier Provincial Park will remain a Class A park under provincial legislation. On request, the Nisga’a Nation, British Columbia and Canada will attempt to negotiate the establishment of a marine park in the Nass Area.

What is the Nisga’a Water Reservation?

British Columbia will establish a water reservation for the Nisga’a Nation of 300,000 cubic decametres of water per year from the Nass River and other streams within Nisga’a Lands. This volume is equivalent to 6.6 billion imperial gallons per year. This Nisga’a Water Reservation (NWR) is for domestic, industrial and agricultural purposes and has priority over all future water licenses. Up to 50 per cent of the “available flow” of most streams within Nisga’a Lands can be licensed under the Nisga’a Water Reservation. Seven streams have other specified percentages of available flow.

When the Nisga’a Nation, a Nisga’a Village, a Nisga’a Corporation or a Nisga’a citizen applies for a water licence under the Nisga’a Water Reservation, British Columbia will issue the licence if the Nisga’a Nation has consented and the application meets provincial regulatory requirements. Water licences issued under the Nisga’a Water Reservation are not subject to any rentals, fees or other charges by British Columbia.

Are there additional Nisga’a rights relating to water licences?

Yes. When the amount of water to which the Nisga’a are entitled under the NWR for a particular stream is completely licensed, the Nisga’a Nation, a Nisga’a Village, a Nisga’a Corporation or a Nisga’a citizen can still obtain a regular provincial water licence on the stream if the Nisga’a Nation consents, the application meets provincial requirements, and there is enough available water in the stream. The Nisga’a can also apply for water licences on streams outside Nisga’a Lands under provincial laws of general application.

British Columbia will consult with the Nisga’a Nation about all applications for water licences on streams within Nisga’a Lands. Nisga’a Lisims Government can nominate a “water bailiff” under the provincial Water Act for streams within Nisga’a Lands.

Are there rights to use land relating to water licences?

Yes. When a Nisga’a water licence holder needs to use Crown land for the construction of authorized water works, British Columbia will provide access to the Crown land, on reasonable terms. When a Nisga’a water licence holder needs to use private fee simple land for the construction of authorized water works, access may be acquired under provincial laws of general application.

When a non-Nisga’a water licence holder needs to use Nisga’a Lands for the construction of authorized water works, Nisga’a Government cannot unreasonably withhold consent if the licence holder offers fair compensation and if there is agreement on such matters as the location, size, duration and nature of the access. Disputes can be determined by arbitration under the Dispute Resolution Chapter.

What is the Nisga’a Hydro Power Reservation?

British Columbia will establish a second water reservation over all the unused water from streams within Nisga’a Lands, to enable the Nisga’a Nation to investigate whether any streams are suitable for hydro power production. This Nisga’a Hydro Power Reservation will have a term of 20 years.

If the Nisga’a Nation applies for a specific water reservation on a stream, British Columbia will establish that reservation if it considers that the stream is suitable for hydro power purposes. When the Nisga’a Nation subsequently applies for a water licence on that stream, British Columbia will grant the licence if the proposed hydro power project conforms to federal and provincial regulatory requirements.

What is the current situation regarding Nisga’a ownership of reserve land?

The four Nisga’a bands currently have a number of reserves established under the Indian Act. In all cases, however, the reserves are owned by Canada and “set apart” for the use and benefit of a band. In all cases, the bands are extremely restricted as to how they can use the reserves, both by the Indian Act and by the policies of the Minister of Indian Affairs. The total area of these reserves is only 75 square kilometres, approximately.