BILL 20 – 2026
K'ÓMOKS TREATY ACT

Preamble

WHEREAS the recognition of the prior presence of Aboriginal peoples, and the reconciliation of that prior presence with the assertion of sovereignty by the Crown, are of significant social and economic importance to all British Columbians;

AND WHEREAS Canadian courts have stated that this reconciliation is best achieved through negotiation and agreement, rather than through litigation;

AND WHEREAS, in order to achieve this reconciliation, representatives of K'ómoks, Canada and British Columbia have negotiated the K'ómoks Treaty in a process facilitated by the British Columbia Treaty Commission;

AND WHEREAS treaty relationships with First Nations are key components of British Columbia's work to close the social and economic gaps between Aboriginal and non‑Aboriginal people;

AND WHEREAS the K'ómoks Treaty advances the objectives of the United Nations Declaration on the Rights of Indigenous Peoples;

AND WHEREAS the K'ómoks Treaty requires that British Columbia legislation be enacted and brought into force to give effect to the K'ómoks Treaty;

THEREFORE HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions and interpretation

1 (1) In this Act:

"finance minister" means the member of the Executive Council responsible for the administration of the Financial Administration Act;

"K'ómoks Treaty" means

(a) the K'ómoks Treaty among K'ómoks, His Majesty the King in right of Canada and His Majesty the King in right of British Columbia,

(b) amendments to the treaty made in accordance with it, and

(c) changes to the treaty agreed to under paragraphs 102 and 103 of Chapter 1 [General Provisions] of the treaty;

"minister" means the member of the Executive Council responsible for the administration of this Act.

(2) Words and expressions used in this Act have the same meanings as they have in the K'ómoks Treaty, unless the context requires otherwise.

Treaty and land claims agreement

2 The K'ómoks Treaty is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

K'ómoks Treaty

3 (1) The K'ómoks Treaty is approved, given effect and declared valid and has the force of law.

(2) Without limiting subsection (1), a person or body

(a) has the powers, rights, privileges and benefits conferred on the person or body by the K'ómoks Treaty, and

(b) must perform the duties and is subject to the liabilities imposed on the person or body by the K'ómoks Treaty.

(3) Nothing in this Act that provides for a matter that is already provided for in the K'ómoks Treaty in any way limits this section.

Authorization to sign K'ómoks Treaty

4 The Lieutenant Governor in Council may authorize a member of the Executive Council to sign the K'ómoks Treaty.

K'ómoks Treaty binding and can be relied on

5 The K'ómoks Treaty is binding on, and can be relied on by, all persons.

Relationship between K'ómoks Treaty and legislation

6 (1) As provided in paragraph 13 of Chapter 1 [General Provisions] of the K'ómoks Treaty, the K'ómoks Treaty prevails to the extent of an inconsistency or a Conflict with Provincial Law.

(2) As provided in paragraph 15 of Chapter 1 of the K'ómoks Treaty, Provincial Treaty Implementation Legislation prevails over other Provincial Law to the extent of an inconsistency or a Conflict.

K'ómoks ownership of lands

7 As provided in Chapter 6 [Lands] of the K'ómoks Treaty, on the Effective Date, K'ómoks owns the following lands in fee simple, within the meaning of the K'ómoks Treaty:

(a) K'ómoks Lands, other than Former K'ómoks Private Fee Simple Lands that are owned in fee simple by a registered owner other than K'ómoks as set out in Appendix B-5 Part 1 of the K'ómoks Treaty;

(b) Other K'ómoks Lands.

Judicial or administrative proceedings

8 (1) As provided in paragraph 110 of Chapter 1 [General Provisions] of the K'ómoks Treaty, if, in any judicial or administrative proceeding, an issue arises in relation to

(a) the interpretation or validity of the K'ómoks Treaty, or

(b) the validity, applicability or operability of Provincial Treaty Implementation Legislation or a K'ómoks Law,

the issue must not be decided until the party raising the issue has properly served notice on the Attorney General of British Columbia, the Attorney General of Canada and K'ómoks.

(2) The notice required under subsection (1) must

(a) describe the judicial or administrative proceeding in which the issue arises,

(b) state whether the issue arises in relation to the matters referred to in subsection (1) (a) or (b) or both,

(c) state the day on which the issue is to be argued,

(d) give particulars necessary to show the point to be argued, and

(e) be served at least 14 days before the day of argument unless the court or tribunal authorizes a shorter notice.

(3) As provided in paragraph 111 of Chapter 1 of the K'ómoks Treaty, in a judicial or administrative proceeding to which subsection (1) applies, the Attorney General of British Columbia, the Attorney General of Canada and K'ómoks may appear and participate in the proceeding as parties with the same rights as any other party to the proceeding.

Agricultural Land Reserve

9 (1) Despite section 2 of the Agricultural Land Commission Act, that Act does not apply in relation to K'ómoks Lands.

(2) Despite sections 2 and 17.1 of the Agricultural Land Commission Act, on the Effective Date, the Provincial Agricultural Land Commission established under that Act must

(a) amend the boundaries of the agricultural land reserve to exclude K'ómoks Lands from the agricultural land reserve, and

(b) provide notice to K'ómoks and the Registrar of Titles that the amendment has been made.

K'ómoks participation in regional hospital district

10 If, on the Effective Date, the letters patent for the Comox Strathcona Regional Hospital District have not been amended to include and designate K'ómoks Lands as a member of the district, those letters patent are deemed amended for that purpose.

Authorization to enter into agreements

11 The Lieutenant Governor in Council may authorize a member of the Executive Council to enter into, on behalf of His Majesty the King in right of British Columbia, an agreement that is contemplated by the K'ómoks Treaty.

Tax treatment agreement

12 (1) In this section, "tax treatment agreement" means

(a) the tax treatment agreement required under paragraph 21 of Chapter 22 [Taxation] of the K'ómoks Treaty, which agreement

(i) is substantially in the form approved by the Lieutenant Governor in Council, and

(ii) has been signed by the Parties and published by the finance minister in the Gazette, and

(b) an amendment to the tax treatment agreement made in accordance with the terms of the tax treatment agreement if the agreement amending the tax treatment agreement satisfies paragraph (a) (i) and (ii) of this definition.

(2) The tax treatment agreement is given effect and declared valid and its provisions have the force of law during the period they are in effect.

(3) The finance minister is authorized to enter into the agreement required under paragraph 21 of Chapter 22 of the K'ómoks Treaty, or an agreement amending that agreement, and may sign the agreement or amending agreement before or after it has been approved by the Lieutenant Governor in Council.

(4) As provided in paragraph 88 of Chapter 1 [General Provisions] of the K'ómoks Treaty, the tax treatment agreement does not form part of the K'ómoks Treaty and is not a treaty or land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Harvest documents

13 The member of the Executive Council responsible for the administration of the Wildlife Act may issue and amend licences, permits or other documents in relation to the K'ómoks Fishing Right for the purposes of and in accordance with paragraphs 101 to 108 of Chapter 11 [Fisheries] of the K'ómoks Treaty.

Definitions for sections 15 to 17

14 In sections 15 to 17:

"allowable annual cut" has the same meaning as in the Forest Act;

"area-based licence" has the same meaning as in the Forest Act;

"compensation" includes damages;

"deletion for a non-timber production purpose" has the same meaning as in the Forest Act;

"forest licence" means a forest licence within the meaning of the Forest Act;

"forest minister" means the member of the Executive Council responsible for the administration of the Forest Act;

"licence area" has the same meaning as in the Forest Act;

"road permit" means a road permit within the meaning of the Forest Act;

"special purpose area" has the same meaning as in the Forest Act.

Forest Act tenures

15 (1) Subject to subsection (2), on the Effective Date,

(a) all rights to harvest timber in K'ómoks Lands under an agreement referred to in section 12 of the Forest Act are cancelled, and

(b) an agreement referred to in section 12 of the Forest Act providing for rights to harvest timber in K'ómoks Lands is deemed amended to reflect the cancellation.

(2) If, on the Effective Date, the minister and K'ómoks have not entered into an agreement referred to in paragraph 3 of Chapter 6 [Lands] of the K'ómoks Treaty providing that the Timber on Royston Forest is vested in K'ómoks,

(a) the Timber on Royston Forest remains vested in the government,

(b) the title to the Timber may be registered under the Land Title Act as a charge on the land as if

(i) Royston Forest had been granted to K'ómoks on the Effective Date, and

(ii) the grant to K'ómoks reserved the Timber on Royston Forest to the government,

(c) subject to paragraph (d), woodlot licence W1968 remains in effect, and

(d) woodlot licence W1968 expires on the date the Timber is granted to K'ómoks in accordance with paragraphs 5 to 8 of Chapter 6 of the K'ómoks Treaty.

(3) Subject to subsection (4), as provided in paragraph 58 of Chapter 16 [Forest Resources] of the K'ómoks Treaty, woodlot licences W0085 and W1677 expire 25 years after the Effective Date and are non‑replaceable.

(4) As provided in paragraphs 59 and 60 of Chapter 16 of the K'ómoks Treaty, the forest minister may enter into an agreement with the holder of woodlot licence W0085 or W1677 that provides for the surrender of the licence in exchange for one or both of the following:

(a) a forest licence or an area-based licence for another area of land;

(b) the payment of compensation equivalent to the amount to which the holder would be entitled under Part 16 of the Forest Act, after taking into account any agreement referred to in paragraph (a), if the surrender were a deletion for a non-timber production purpose.

(5) Subject to subsection (6), 25 years after the Effective Date,

(a) as provided in paragraph 61 of Chapter 16 of the K'ómoks Treaty, the area identified as "WL0026" in Appendix E-1 Part 2b of the K'ómoks Treaty is deleted from the licence area of woodlot licence W0026,

(b) woodlot licence W0026 is deemed amended to reflect the deletion, and

(c) if a cutting permit has been issued for woodlot licence W0026,

(i) the area deleted under paragraph (a) is also deleted from the cutting permit area of the cutting permit, and

(ii) if the entire cutting permit area of the cutting permit is deleted under subparagraph (i), the cutting permit is cancelled.

(6) As provided in paragraph 62 of Chapter 16 of the K'ómoks Treaty, the forest minister may enter into an agreement with the holder of woodlot licence W0026 that provides for the deletion of the area referred to in subsection (5) (a) in exchange for one or both of the following:

(a) a forest licence or an area-based licence for another area of land;

(b) the payment of compensation equivalent to the amount to which the holder would be entitled under Part 16 of the Forest Act, after taking into account any agreement referred to in paragraph (a), if the deletion were a deletion for a non-timber production purpose.

(7) The forest minister may, by order, reduce the allowable annual cut for the licence area of woodlot licence W2030.

(8) As soon as practicable after making an order under subsection (7), the forest minister must serve notice of the order on the holder of the licence.

(9) If K'ómoks Lands overlap the licence area of an area-based licence,

(a) on the Effective Date, the area of overlap is deleted from the licence area, and

(b) the area-based licence is deemed amended to reflect the deletion.

(10) If K'ómoks Lands overlap the area to which a road permit applies,

(a) on the Effective Date, the rights under the road permit are cancelled insofar as the road permit applies to K'ómoks Lands, and

(b) the road permit is deemed amended to reflect the cancellation.

(11) If the holder of an agreement referred to in section 12 of the Forest Act is affected by the cancellation of harvesting rights under subsection (1) of this section or by the cancellation of rights under a road permit under subsection (10) of this section,

(a) section 79 of the Forest Act applies to the holder as if the cancellation were, in relation to the area to which the cancellation applies, an expiry, surrender or cancellation of the agreement under the Forest Act, and

(b) for the purposes of paragraph (a), a reference to Crown land in section 79 of the Forest Act is to be read as a reference to K'ómoks Lands.

Deactivation of road authorized under Forest Act agreement

16 (1) On the Effective Date, sections 211, 212, 216 and 221 of the Forest Act apply in relation to the deactivation of a road located on K'ómoks Lands that, immediately before the Effective Date, was authorized under an agreement referred to in section 15 (1), or under a road permit referred to in section 15 (10), as if the road were located in a special purpose area.

(2) Section 74.4 of the Forest and Range Practices Act applies in relation to an order made under section 211 (2) (a) or (c) of the Forest Act in relation to a road referred to in subsection (1) of this section as if the order were a remedial work order under section 74.2 (2) of the Forest and Range Practices Act.

Compensation not payable

17 Subject to section 15 (4) (b) and (6) (b), no compensation is payable to the holder of an agreement referred to in section 15 (1) for or in relation to the following, and the following do not constitute an expropriation under the Expropriation Act:

(a) the taking of harvesting rights by

(i) a cancellation under section 15 (1),

(ii) the expiry of a woodlot licence under section 15 (3),

(iii) a deletion and deemed amendment under section 15 (5) (a) and (b) or deletion or cancellation under section 15 (5) (c),

(iv) an order under section 15 (7), or

(v) a deletion and deemed amendment under section 15 (9);

(b) a cancellation and deemed amendment under section 15 (10);

(c) the inclusion in K'ómoks Lands of improvements attached to or forming part of the land

(i) that were constructed by the holder, or

(ii) in relation to which the holder purchased rights;

(d) an order under section 16 in relation to the deactivation of a road;

(e) any other effect of the K'ómoks Treaty on an agreement referred to in section 15 (1).

Foreshore agreement

18 (1) In this section:

"foreshore agreement" means

(a) the agreement required under paragraph 146 of Chapter 3 [Self Government] of the K'ómoks Treaty, and

(b) an amendment to the agreement published under subsection (3);

"identified area" means the area identified in the foreshore agreement for the purposes of paragraph 147 of Chapter 3 of the K'ómoks Treaty.

(2) Within the identified area, K'ómoks may

(a) exercise law-making authority delegated to it under the foreshore agreement, and

(b) enforce laws enacted under the delegation.

(3) The minister must publish the foreshore agreement, and any amendment to the foreshore agreement, in the Gazette.

(4) For the term of the foreshore agreement,

(a) the Comox Valley Regional District may not exercise powers or perform duties in the identified area, except

(i) powers and duties in relation to the services described in section 338 (2) (a) and (b) of the Local Government Act, including, without limitation, powers and duties in relation to elections and other voting, financial planning and borrowing, requisitioning, tax rates and exemptions from taxation,

(ii) corporate powers under sections 229 and 263 of the Local Government Act, and

(iii) powers and duties in relation to a service under the Hospital District Act, and

(b) the bylaws of the Comox Valley Regional District, except bylaws in relation to the matters described in paragraph (a) (i) to (iii), do not apply in the identified area.

(5) If, on the date the foreshore agreement comes into effect, K'ómoks has not enacted a law under a law-making authority delegated under the foreshore agreement, a bylaw, if any, of the Comox Valley Regional District in relation to the delegated matter that applied in the identified area immediately before the coming into effect of the foreshore agreement

(a) is deemed to have been enacted by K'ómoks under the foreshore agreement,

(b) may be amended or repealed by K'ómoks as if it had been enacted by K'ómoks, and

(c) until amended to provide differently or repealed by K'ómoks, may be enforced by K'ómoks in the same manner and to the same extent as the bylaw was enforceable by the regional district.

(6) Subsection (5) ceases to have effect in relation to a delegated law-making authority 6 months after the date the foreshore agreement comes into effect, unless, before that date, K'ómoks has amended an applicable bylaw, in which case the bylaw is deemed to be a law of K'ómoks enacted under the delegated law-making authority.

(7) As provided in the foreshore agreement in accordance with paragraph 147 of Chapter 3 of the K'ómoks Treaty, Provincial Law prevails to the extent of a Conflict with a law of K'ómoks enacted under delegated law-making authority made in accordance with the foreshore agreement.

K'ómoks Estuary consent agreement

19 (1) In this section, "K'ómoks Estuary consent agreement" means

(a) the K'ómoks Estuary consent agreement required under paragraph 17 of Chapter 13 [Co-management] of the K'ómoks Treaty, which agreement

(i) is substantially in the form approved by the Lieutenant Governor in Council, and

(ii) has been signed by the parties, and

(b) an amendment to the K'ómoks Estuary consent agreement made in accordance with the terms of the K'ómoks Estuary consent agreement if the agreement amending the K'ómoks Estuary consent agreement satisfies paragraph (a) (i) and (ii) of this subsection.

(2) The minister must publish the K'ómoks Estuary consent agreement, and any amendment to the K'ómoks Estuary consent agreement, in the Gazette.

(3) The K'ómoks Estuary consent agreement, or an amendment to the K'ómoks Estuary consent agreement, is not effective until it is published in the Gazette.

(4) In relation to the area within the K'ómoks Estuary to which the K'ómoks Estuary consent agreement applies,

(a) a statutory power of decision in response to an application referred to in sections 11 (1) (a) and 32 of the Land Act for a disposition of Crown land by lease, licence of occupation, easement or right of way must be exercised in accordance with the agreement, and

(b) a reference under the Land Act to a statutory power of decision referred to in paragraph (a) must be read as a reference to the statutory power of decision as exercised in accordance with the agreement.

(5) The following terms of the K'ómoks Estuary consent agreement have the force of law:

(a) terms identifying the person who is to provide or refuse consent in relation to a statutory power of decision in accordance with the agreement;

(b) terms providing for the principles and processes relating to the decision whether to give consent in relation to a statutory power of decision in accordance with the agreement;

(c) terms providing for the principles, processes, terms and conditions relating to the exercise of a statutory power of decision in accordance with the agreement.

(6) Subject to subsection (7), the Judicial Review Procedure Act applies in relation to the decision by K'ómoks whether to give consent under the K'ómoks Estuary consent agreement for the exercise of a statutory power of decision referred to in subsection (4) (a) as if the decision whether to give consent were a statutory power of decision.

(7) For the purposes of subsection (6),

(a) K'ómoks is deemed for the purposes of section 15 (1) of the Judicial Review Procedure Act to be one person,

(b) section 15 (2) of the Judicial Review Procedure Act does not apply in relation to the decision whether to give consent, and

(c) service, if required to be made on K'ómoks, is effectively made by a person if made in accordance with provisions of the K'ómoks Estuary consent agreement for the giving of notice, as if the person were a party to the agreement.

Collection of personal information

20 (1) In this section, "personal information" and "public body" have the same meanings as in the Freedom of Information and Protection of Privacy Act.

(2) A public body may collect personal information by a method authorized under the K'ómoks Treaty.

Application of Municipal Finance Authority Act

21 The Municipal Finance Authority Act does not apply in relation to K'ómoks Lands.

Publication on legislation website

22 (1) In this section and section 23, "legislation website" means

(a) if a website is not designated by regulation, the website maintained by the King's Printer at www.bclaws.gov.bc.ca/treaties, or

(b) a website designated by regulation under subsection (4).

(2) The minister must provide a copy of the K'ómoks Treaty, in Portable Document Format (PDF), to the King's Printer for publication on the legislation website.

(3) The King's Printer must do the following:

(a) as soon as practicable after receiving a copy of the K'ómoks Treaty from the minister, publish the copy on the legislation website;

(b) maintain the copy on the legislation website.

(4) The Lieutenant Governor in Council may, by regulation, designate a website maintained by the King's Printer as the legislation website.

Judicial notice and proof

23 (1) Judicial notice must be taken of the K'ómoks Treaty.

(2) A document purporting to be a true copy of the K'ómoks Treaty accessed from the legislation website must be admitted in evidence as proof of the treaty and its contents.

(3) A document is presumed to be accessed from the legislation website if the document is submitted with an oral or written statement indicating that it was accessed from the legislation website.

Retroactive effect of Chapters 23 and 24

24 (1) For the purposes of determining the eligibility of individuals for enrolment under the K'ómoks Treaty, enrolling individuals under the K'ómoks Treaty and the ratification of the treaty by K'ómoks,

(a) Chapters 23 [Eligibility and Enrolment] and 24 [Ratification of This Agreement] of the K'ómoks Treaty are conclusively deemed to have come into force on July 22, 2024 and are retroactive to the extent necessary to give them force and effect on and after that date,

(b) all things done that would have been validly done if Chapters 23 and 24 of the K'ómoks Treaty had been in force on July 22, 2024 are conclusively deemed to have been validly done, and

(c) a person, committee or board is conclusively deemed to have had since July 22, 2024 the powers, privileges and immunities the person, committee or board would have had if Chapters 23 and 24 of the K'ómoks Treaty had been in force on July 22, 2024.

(2) Each of the following bodies, despite the Personal Information Protection Act, is conclusively deemed to have had, on and after July 22, 2024, lawful authority to collect, use and disclose personal information as necessary for determining the eligibility of individuals for enrolment under the K'ómoks Treaty, enrolling individuals under the K'ómoks Treaty and the ratification of the treaty by K'ómoks, all in accordance with the processes required by the treaty:

(a) the Enrolment Committee established under paragraph 14 of Chapter 23 of the K'ómoks Treaty;

(b) the Enrolment Appeal Board established under paragraph 23 of Chapter 23 of the K'ómoks Treaty;

(c) the Ratification Committee established under paragraph 5 of Chapter 24 of the K'ómoks Treaty.

(3) A body referred to in subsection (2) must comply with section 35 of the Personal Information Protection Act in relation to the personal information referred to in subsection (2) of this section as if the body were an organization as defined in that Act.

(4) This section must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Power to make orders and regulations

25 The Lieutenant Governor in Council may make the orders and regulations that the Lieutenant Governor in Council considers necessary or advisable for the purpose of carrying out any provision of the K'ómoks Treaty.

Interim regulations

26 (1) Despite this or any other Act but subject to this section, the Lieutenant Governor in Council may make regulations consistent with the K'ómoks Treaty as follows:

(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in

(i) this Act, or

(ii) another Act affected by

(A) the K'ómoks Treaty,

(B) an agreement contemplated by the K'ómoks Treaty, or

(C) this Act;

(b) making provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of more effectively bringing into operation the K'ómoks Treaty, or an agreement contemplated by the K'ómoks Treaty, in accordance with the terms of the K'ómoks Treaty or the agreement, as applicable, including, without limitation, provisions giving authority to a person or body, or restricting the authority of a person or body, in accordance with the K'ómoks Treaty or the agreement;

(c) making provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in bringing into effect

(i) the K'ómoks Treaty,

(ii) an agreement contemplated by the K'ómoks Treaty,

(iii) this Act, or

(iv) another Act affected by

(A) the K'ómoks Treaty,

(B) an agreement contemplated by the K'ómoks Treaty, or

(C) this Act,

including, without limitation, provisions making an exception to or a modification of a provision in an Act or providing for the continued application of a previous enactment;

(d) resolving any errors, inconsistencies or ambiguities in this Act or another Act that arise in relation to the K'ómoks Treaty or an agreement contemplated by the K'ómoks Treaty.

(2) A regulation under subsection (1) may be made only on the recommendation of the minister after the minister has consulted with the K'ómoks First Nation or K'ómoks, as applicable.

(3) A regulation under subsection (1) may be made retroactive to a date not earlier than the Effective Date.

(4) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.

(5) A regulation under subsection (1) ceases to have effect at the end of the last day of the next session of the Legislative Assembly after the regulation is made.

(6) A regulation may not be made under subsection (1) if a regulation having the same effect has been made under that subsection.

(7) Regulations under subsection (1) may only be made for 2 years after the Effective Date.

Consequential and Related Amendments

Forest Act

27 Section 48 (1) (h) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by striking out "specified in the final agreement".

28 Section 49 (2.2) (b) is amended

(a) by striking out "give the treaty first nation the right" and substituting "authorize the treaty first nation", and

(b) in subparagraph (i) by striking out "the type of timber specified in the final agreement" and substituting "a type of timber" and by striking out "that final agreement" and substituting "the final agreement of the treaty first nation".

Islands Trust Act

29 Section 1 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended

(a) in the definition of "local trust area" by striking out everything after "specified by regulation," and substituting the following:

but does not include

(c) land in a municipality, all or part of which is in the trust area, or

(d) treaty lands of a treaty first nation if the final agreement of the treaty first nation provides that the treaty lands do not form part of the trust area; , and

(b) in the definition of "trust area" by adding "but does not include treaty lands of a treaty first nation if the final agreement of the treaty first nation provides that the treaty lands do not form part of the trust area" after "Schedule A".

30 Section 9 is amended

(a) by adding the following subsection:

(1.1) For the purpose of carrying out the object of the trust, the trust council may enter into, on its own behalf or on behalf of one or more local trust committees, agreements with a treaty first nation as provided for in the final agreement of the treaty first nation. ,

(b) in subsection (2) by adding "or (1.1)" after "subsection (1)", and

(c) in subsection (3) by adding "or (1.1)" after "subsection (1)" wherever it appears.

31 Section 10 is amended by adding "and (1.1)" after "and 9 (1)".

Land Title Act

32 Section 1 (1) of Schedule 1 to the Land Title Act, R.S.B.C. 1996, c. 250, is amended

(a) in the definition of "chief administrative officer" by striking out "means the officer or employee of a treaty first nation" and substituting ", in relation to a treaty first nation, means the officer or employee of the treaty first nation", and

(b) by adding the following definition:

"treaty first nation public institution", in relation to a treaty first nation, means a body, including a board, commission, committee, tribunal, society, trust or similar entity,

(a) that is established under a law of the treaty first nation, and

(b) whose principal function is to provide public non-profit programs or services that are reasonably similar to public programs or services of the government, the Government of Canada or a municipality.

33 Schedule 1 is amended by adding the following sections:

Note against land title that treaty first nation buildings and structures law contravened

23.1 (1) This section applies in relation to a parcel of the treaty lands of a treaty first nation if a final agreement authorizes the treaty first nation to make laws in relation to buildings and structures on the treaty lands.

(2) The chief administrative officer of a treaty first nation may file a notice in the land title office in relation to a parcel of the treaty lands of the treaty first nation stating that

(a) the treaty first nation has made a resolution in relation to the parcel respecting a contravention of a law of the treaty first nation dealing with the construction, inspection or safety of buildings or structures, and

(b) further information about the contravention may be inspected at the administrative office of the treaty first nation.

(3) On the filing of a notice under subsection (2) in relation to a parcel and payment of the prescribed fee, the registrar must make a note of the filing against the title to the parcel.

(4) The note of a filing of a notice under this section is extinguished when a new title to the parcel is issued as a result of the deposit of a plan of subdivision or a strata plan.

(5) The chief administrative officer may file a notice in the land title office in relation to a parcel referred to in subsection (2) stating that

(a) the contravention referred to in subsection (2) (a) has been corrected, or

(b) the treaty first nation has made a resolution directing the cancellation of the notice filed under that subsection.

(6) On the filing of a notice under subsection (5) in relation to a parcel and payment of the prescribed fee, the registrar must cancel the note made under subsection (3) against the title to the parcel.

(7) In the event of an omission, mistake or misfeasance by the registrar or an employee of the registrar in relation to the making or cancelling of a note against the title to a parcel after the notice filed by the chief administrative officer under subsection (2) or (5), as applicable, is received by the land title office,

(a) the registrar is not liable and neither the government nor the Land Title and Survey Authority is liable vicariously,

(b) the assurance fund or the Land Title and Survey Authority as a nominal defendant is not liable under Part 19.1 of this Act, and

(c) the assurance fund or the minister responsible for the administration of this Act as a nominal defendant is not liable under Part 20 of this Act.

(8) Neither the chief administrative officer nor the treaty first nation is liable for damage of any kind for the doing of anything, or the failure to do anything, under this section that would have, but for this subsection, constituted a breach of duty to any person.

Application to Supreme Court to cancel note

23.2 (1) An owner of a parcel in relation to which a note has been filed under section 23.1 (3) of this Schedule may apply to the Supreme Court and notify the treaty first nation to attend before the court to show cause why the note should not be cancelled.

(2) On an application under subsection (1), after reviewing any evidence that the owner and the treaty first nation may adduce, the court may make an order directing the registrar to cancel the note.

(3) On receiving an order under subsection (2), the registrar must cancel the note.

34 Section 25 (1.1) (d) of Schedule 1 is amended

(a) by adding "and" at the end of subparagraph (i),

(b) by striking out "and" at the end of subparagraph (ii), and

(c) by repealing subparagraph (iii).

35 Section 34 of Schedule 1 is amended

(a) by striking out "Canada, the treaty first nation" and substituting "Canada, a treaty first nation", and

(b) by repealing paragraph (a) and substituting the following:

(a) the first registration of indefeasible title to a parcel in the name of the treaty first nation, or in the name of a treaty first nation corporation or treaty first nation public institution of the treaty first nation, if the parcel is, under the final agreement,

(i) vested in the treaty first nation, treaty first nation corporation or treaty first nation public institution, as applicable, on the effective date, or

(ii) a parcel that under the final agreement may be added after that effective date to the treaty lands of the treaty first nation; .

Perpetuity Act

36 Section 4 of the Perpetuity Act, R.S.B.C. 1996, c. 358, is amended by adding the following paragraph:

(h) a settlement trust established under

(i) a tax treatment agreement, or

(ii) the Taxation Agreement as defined in section 6.1 of the Nisga'a Final Agreement Act.

Petroleum and Natural Gas (Vancouver Island Railway Lands) Act

37 Section 3 of the Petroleum and Natural Gas (Vancouver Island Railway Lands) Act, R.S.B.C. 1996, c. 362, is amended by adding the following subsection:

(5) This section does not apply in relation to K'ómoks Lands within the meaning of the K'ómoks Treaty Act.

Commencement

38 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Explanatory Note

This Bill enacts the K'ómoks Treaty Act and consequential amendments in satisfaction of British Columbia's obligation under the K'ómoks Treaty to enact treaty implementation legislation giving effect to and ratifying that treaty.