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This Agreement is dated for reference the ______day of _________, 2013

RECONCILIATION FRAMEWORK AGREEMENT

BETWEEN:

Tk’emlups te Secwépemc and Skeetchestn Indian Band (hereinafter the Stk’emlúpsemc te Secwépemc Nation),

Adams Lake Indian Band, Neskonlith Indian Band and Splats’in Indian Band (hereinafter the Sexqeltkemc te Secwépemc Nation or ‘Lakes Division’), and

Simpcw First Nation

(“Secwépemc”)

AND:

Her Majesty the Queen in right of the Province of British Columbia, as represented by the Minister of Aboriginal Relations and Reconciliation

(“Province”)

(each a “Party” and collectively the “Parties”)

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WHEREAS

A. In the summer of 1910, Prime Minister Sir Wilfred Laurier met with a delegation of chiefs, which included those from the Secwépemc Nation, who presented him with a document known as the Memorial whereby the chiefs asserted the persistence of the their aboriginal nation’s title and sovereignty, vowing that they would continue to struggle for a just and reciprocal relationship with the government until it was achieved (see Appendix G).

B. The Parties recognize implementing this Agreement and developing a successful long term working relationship are steps towards advancing reconciliation of their interests, including the interests presented by the Secwépemc Nation in the 1910 Memorial to Sir Wilfred Laurier.

C. The Constitution Act, 1982, section 35(1) states, “The existing aboriginal and treaty

rights of the aboriginal peoples of Canada are hereby recognized and affirmed”.

D. Without prejudice to their differing views with regard to sovereignty, jurisdiction, title, laws and ownership, the Parties intend to work collaboratively and are committed to: engaging across a spectrum of land and resource issues, improving business and government-to-government relationships, and to fulfilling legal obligations.

E. The Province has a duty to consult in a manner consistent with the honour of the Crown and, where appropriate, to accommodate the Secwépemc prior to approving Proposed Activities that could adversely impact Secwépemc Aboriginal Rights.

F. The Parties wish to establish trust, work toward respective and mutual interests, and

discuss opportunities, where feasible and practicable, to provide input on existing and emerging legislation and policy.

G. The Parties recognize the interrelationship between the environment, socio-cultural

well-being and economic development, the importance of sustainable land management, and have a shared desire to preserve, protect and enhance Cultural Heritage Resources and, where practicable, to record and explore the values associated with identified Sensitive Sites.

H. The Secwépemc assert they have established law or laws related to cultural heritage

and way of life over their territorial lands that may be embedded in Secwépemc Stspetekll (oral history).

I. The Parties agree that this Agreement is the first step to an evolving long term

relationship, and that this Agreement may be jointly extended or amended to adapt to emerging common interests or new mandates.

NOW THEREFORE the Parties agree as follows:

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GENERAL

1.0 Definitions “Aboriginal Rights” means asserted aboriginal rights or determined aboriginal rights, including aboriginal title, which are recognized and affirmed under section 35(1) of the Constitution Act, 1982;

“Accommodation” means addressing concerns and adapting or reconciling interests in accordance with the Province’s legal obligations; “Agreement” means this Reconciliation Framework Agreement, including all of its parts and appendices;

“Application” means an application under consideration by a Provincial Agency seeking authorization(s) for land and resource use, including the application document, any materials for amendment, renewal or replacement approvals, and all supporting materials; “Cross Agency Impact Matrix” or “Matrix” means the Thompson Okanagan Region’s matrix of Proposed Activities with their assigned Default Engagement Levels set out in Appendix B2 (Engagement Model – Default Engagement Levels); “Cultural Heritage Resources” the legacy of physical artifacts, tangible attributes, and intangible attributes of a group or society that are inherited from past generations, maintained in the present and bestowed for the benefit of future generations. Cultural Heritage Resources shall include tangible culture (such as historic sites, plants, wildlife) and intangible culture (such as traditions, language, traditional ecological knowledge and oral tradition); “Cutting Permit and Road Permit Information Sharing Report” or “CP/RP Report” means the guide to information-sharing related to Cutting Permit and/or Road Permit submissions that is contained in the Implementation Guide and referenced in the Engagement Model. The CP/RP Report is currently used by forestry Proponents delegated with engagement duties by the Province and, through this Agreement, may guide other resource sectors where they wish to delegate Proponents with information-sharing duties; “Default Engagement Level” means the Engagement Level assigned to a Proposed Activity listed in the Cross Agency Impact Matrix; “Delegated Decision Maker” means a provincial government employee with authority to make statutory decisions with respect to Proposed Activities; “Dispute” means any disagreement which arises between the Parties in relation to the interpretation of this Agreement where written notice of such dispute is given in accordance with section 14.2 but does not include disputes that arise during the implementation of the Engagement Model or disagreements regarding decisions on Proposed Activities made by Provincial Agencies following engagement;

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“Effective Date” means the last date on which all of the Parties have signed this Agreement; “Engagement End Date” means the last day of the Engagement Timeline set out in the Engagement Model; “Engagement Level” means the level at which the Parties will engage in accordance with the defined process set out in the Engagement Model and that is informed by:

a) the Default Engagement Level listed in the Cross Agency Impact Matrix; and b) the Initial Review described in the Engagement Model;

“Engagement Model” means the process of engagement between the Province and Secwépemc on land and resource decisions by which representatives of the Parties share information and undertake discussions related to the impacts of Proposed Activities on Aboriginal Rights as set out in section 6.0 and Appendix B (Engagement Model); “Engagement Model Pilot” or “Pilot” means the review of the Engagement Model under sections 12.1 and 12.2; “Engagement Process” means the process set out in Appendix B3; “Engagement Request” means a request from the Province or a Proponent delegated with procedural aspects of engagement to initiate engagement in accordance with the Engagement Model; “Engagement Timeline” means the prescribed period of time identified in the Engagement Model in Appendix B3 (Engagement Process) in which engagement commences and concludes; “Existing Agreements” means only those agreements listed in Appendix F; “Fiscal Year” means a period beginning on April 1 of a calendar year and ending on March 31 of the next calendar year; “Government-to-Government Engagement” or “G2G Engagement” means formal opportunities for bilateral discussions which seek to resolve land use and resource management issues in accordance with the Engagement Model and includes bilateral discussions at the Government-to-Government Forum which seek to foster cooperative relationships amongst the Parties related to land and resources and policy, planning and management; “Government-to-Government Engagement Forum” or “G2G Forum” means the collective of the Senior Council, Revenue and Benefit Sharing Council, Natural Resources Technical Council, and Single Window Administrative Portal established under section 5.0 (Government-to-Government Engagement); “Implementation Guide” means the operational guidance document supporting this Agreement; “Implementation Timeline” means the timeline set out in Appendix C;

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“Initial Review” means a review of reasonably available information, as appropriate in the circumstances, to identify:

a) known Aboriginal Rights; b) the potential impacts the Proposed Activity may have on known Aboriginal Rights; and, c) the scope of the project or decision.

“Issue Resolution Process” means the process set out in Appendix B4; “Natural Resource Technical Council” or “NRTC” means the G2G Engagement entity established under section 5.4 (Government-to-Government Engagement); “Other Provincial Ministries or Agencies” means a provincial ministry or agency that is specifically excluded from Schedule A and therefore, is not participating in this Agreement; “Proponent” means an individual or company making an Application to the Province; “Proposed Activity” means:

a) proposed land and resource activities set out in an Application or suite of related Applications received by a Provincial Agency which may have adverse impacts on Secwépemc’ Aboriginal Rights;

b) a decision or activity contemplated by a Provincial Agency which may have adverse impacts on Secwépemc’ Aboriginal Rights; or

c) activities or decisions subject to engagement as otherwise agreed by the Parties; “Province” means Her Majesty the Queen in right of the Province of British Columbia; “Provincial Agency” means a provincial ministry that is listed in Schedule A (Participating Ministries); “Revenue and Benefit Sharing Council” or “RBSC” means a G2G Engagement entity established under section 5.5 (Government-to-Government Engagement); “Responsible Officials” means individuals appointed by each Party to support the implementation of the Agreement and assume the responsibilities outlined in the Responsible Officials section of the Implementation Guide; “SWAP Administrator” means the individual appointed by Secwépemc to support the Single Window Administrative Portal and assume the responsibilities outlined in the SWAP’s terms of reference; “Secwépemc” means the Tk’emlups te Secwépemc, Skeetchestn Indian Band, Adams Lake Indian Band, Neskonlith Indian Band, Splats’in Indian Band, and Simpcw First Nation; “Secwépemc Nation” means all of those Secwépemc people who are collectively entitled to exercise Secwépemc Aboriginal Rights and includes the members of the Secwépemc;

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“Senior Council” or “SC” means the G2G Engagement entity established under Section 5.0 (Government-to-Government Engagement); “Sensitive Sites” means a geographic area identified by a First Nation as having special significance, above and beyond what could be considered typical traditional uses such as food or medicine gathering or hunting, and that has been confirmed through a criteria-based sensitivity assessment by the Thompson Okanagan Region’s Ministry of Forests, Lands and Natural Resource Operations and included in the TOR Sensitive Site Database. The area’s significance may be linked to spiritual or medicinal values, beliefs or practices collectively held and practiced through ceremonies, specific protocols, traditional practices, legends, stories or sacred area associations by the Secwépemc, and more than likely has multiple aspects of significance which may be indicated by archaeological sites, burial sites, offering sites, trails, or village sites in close proximity, and/or at high density. This data is only available to authorized provincial government employees across various government agencies who have received the appropriate training.; “Secwépemc Traditional Territories” or “Territories” means the traditional territories of the Secwépemc which are illustrated on the map attached at Appendix A (Secwépemc Territories); “Sexqeltkemc te Secwépemc Nation” means the Adams Lake, Neskonlith and the Splats’in Indian Bands of the Secwépemc Nation; “Single Window Administrative Portal” or “SWAP” means the G2G Engagement entity established under section 5.4 (Government-to-Government Engagement); “Stk’emlúpsemc te Secwépemc Nation” or “SSN” means the Tk’emlups te Secwépemc and Skeetchestn Indian Band of the Secwépemc Nation; “Strategic Initiatives” means initiatives related to the Strategic Topics that are identified, approved and implemented by the Natural Resource Technical Council; “Strategic Topic” means a natural resource matter of interest to the Parties that is set out in subsection 2.2(g) and may be brought forward to the Natural Resource Technical Council for review and recommendations pursuant to the NRTC’s terms of reference; “Thompson Okanagan Region” or “TOR” means the Thompson Okanagan Region of the Ministry of Forests Lands and Natural Resource Operations; “Traditional Knowledge” means ecological, sustenance-related, agricultural, medicinal, technological, economical, cultural, mythological and/or geographical information held by and related to the Secwépemc traditions, customs, culture, values, laws, protocols and practices.

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2.0 Purpose

2.1 The Parties acknowledge that the shared decision making structures and processes described in this Agreement are intended to mitigate, reduce or avoid disputes over land and resources management and are intended in part to reduce the need for the Parties to use formal dispute resolution mechanisms.

2.2 This agreement is intended to:

a) increase consultation effectiveness through an Engagement Model and an Engagement Model Pilot;

b) support efforts to increase Secwépemc’ economic participation in the natural resource sector;

c) create increased process certainty in regard to sustainable land and resource management that provides benefits for all Parties;

d) foster a positive and respectful government-to-government relationship based on a common understanding of all Parties’ respective interests;

e) support dialogue and increase understanding between the Parties on Secwépemc Cultural Heritage Resources;

f) identify and explore options to mitigate impacts to Sensitive Sites related to Secwépemc; and,

g) provide a clear, reliable and efficient forum for meaningful engagement on the following Strategic Topics:

i. Mines, ii. Forests, Lands & Range,

iii. Fish, Water, Wildlife & Riparian Habitat, iv. Forest Carbon Credits, v. Cultural Heritage & Archaeology,

vi. Forest Land Use Planning & Access Management Pilots, vii. Engagement Model Pilot, and

viii. Partnerships.

Scope

3.1 This Agreement applies to Proposed Activities in Secwépemc Territories.

RESOURCE MANAGEMENT & GOVERNMENT-TO-GOVERNMENT ENGAGEMENT

4.0 Government-to-Government Engagement Structures and Processes

4.1 The Parties will engage in shared decision making through the following Government-to-Government Engagement structures and processes:

a) A Government-to-Government Forum established under section 4.2; and

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b) An Engagement Model established under section 6.0 and described in Appendix B.

4.2 The Parties will establish a Government-to-Government Forum to facilitate

Government-to-Government Engagement at a political, strategic, and operational level and will consist of the following four entities:

a) Senior Council, b) Revenue and Benefit Sharing Council, c) Natural Resources Technical Council, and d) Single Window Administrative Portal.

4.3 The Parties agree that the Engagement Model described in section 6.0 and Appendix

B will constitute the means by which Provincial Agencies: a) seek to fulfill the Province’s duty to consult with Secwépemc; and b) where appropriate, seek to develop measures to accommodate Secwépemc in

relation to Proposed Activities within Secwépemc Territories.

4.4 Entering this Agreement does not constitute express or implied agreement with a Proposed Activity.

5.0 Government-to-Government Engagement

5.1 The Parties wish to establish a Government-to-Government Forum to enable meaningful dialogue among the Parties in regards to:

a) engagement and Accommodation related to Proposed Activities in accordance with the Engagement Model,

b) Secwépemc’ Aboriginal Rights and Cultural Heritage Resources, c) shared decision making and partnerships, d) broader land and resource use and environmental issues and concerns; and, e) social and economic development interests.

5.2 The Parties agree that discussions about cumulative effects are out of scope of this

Agreement and that the discussions on the Strategic Topics listed in subsection 2.2(g) (Purpose) will be the means by which the Natural Resource Technical Council will consider potential resource-related impacts that may contribute to cumulative effects.

5.3 The Parties agree that the four entities of the Government-to-Government Forum will each develop a terms of reference within 30 calendar days of the Effective Date that clarifies and sets out the structure and processes related to each entity and establishes an annual review function.

5.4 The Parties will establish four Government-to-Government Forum entities as

follows:

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a) Single Window Administrative Portal (SWAP) i. The purpose of the SWAP is to provide and maintain a single window

between the Province and Secwépemc for: I. engagement in accordance with the Engagement Model in

Appendix B; and II. fund transfers in accordance with section 10.2.

ii. The Secwépemc will appoint an administrator to the SWAP who will assume the responsibilities under the SWAP’s terms of reference.

iii. The Provincial Responsible Official will provide supporting documentation to the SWAP Administrator to facilitate the distribution of funds.

b) Natural Resource Technical Council (NRTC)

i. The purpose of the NRTC is to: I. oversee the implementation of the Engagement Model, review

and respond to requests for support, identify and develop recommendations for consideration by Delegated Decision Makers to address operational issues arising from the implementation of the Engagement Model, and to forward those issues that require more senior level consideration to the SC;

II. develop recommendations to amend the Engagement Model based on the results of the Engagement Model Pilot; and

III. foster collaborative management by developing and implementing Strategic Initiatives, and approving related budget requests that support shared decision making, mitigation of environmental impacts, and sustainable use of lands and resources related to the Strategic Topics listed in the subsection 2.2(g).

ii. The Parties may appoint representatives as members of the NRTC who will assume the responsibilities outlined in the NRTC’s terms of reference as set out in the Implementation Plan.

c) Revenue and Benefit Sharing Council (RBSC):

i. The purpose of the RBSC is to identify and support Secwépemc’s participation in revenue and benefit sharing opportunities.

ii. The Province may appoint the MARR Regional Manager and Secwépemc may appoint a representative as members of the RBSC who will assume the responsibilities outlined in the RBSC’s terms of reference as set out in the Implementation Plan.

d) Senior Council (SC):

i. The purpose of the SC is to identify and discuss issues that require senior level consideration and to review recommendations from the NRTC, RBSC and SWAP related to the Engagement Model Pilot,

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engagement issues and budget or implementation requests to support strategic initiatives.

ii. The Province may appoint the South Area FLNRO Assistant Deputy Minister (ADM) or his delegate, and other ADMs or their delegates as required, and Secwépemc may appoint Chiefs or their delegates, as members of the SC who will assume the responsibilities outlined in the SC’s terms of reference as set out in the Implementation Plan.

5.5 The Senior Council may establish a Joint Information Sharing Forum upon request from the Parties or a Proponent in accordance with the Engagement Process in Table 2 of Appendix B3 and Appendix B4.2.

5.6 The SC, RBSC and NRTC may establish sub-committees to assist with the work of

that council where: a) confidentiality requires separate dialogue with a particular Secwépemc Party; b) Secwépemc division-level sub-committees are required; c) a sector-specific (e.g. mining) forum is required to discuss transactional

engagement files; d) a particular issue cannot be made relevant to twenty percent (20%) or more of

that council’s representatives; or, e) the co-chairs of that council agree to do so.

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6.0 Engagement Model

6.1 The Parties will engage on Proposed Activities in accordance with this section and with the Engagement Model set out in Appendix B.

6.2 The Parties will amend the Engagement Model one (1) year after the Effective Date in accordance with recommendations resulting from the Engagement Model Pilot under section 12.1 (Evaluation and Monitoring).

6.3 The Parties agree that the Engagement Level for a Proposed Activity will be

determined with reference to the Default Engagement Levels in the Cross Agency Impact Matrix and the Initial Review of Aboriginal Rights as described in Appendix B3 Step 2.

6.4 The Parties agree to review the Matrix and the associated Default Engagement Levels for decision types identified by Secwépemc as priority concerns, within 90 days of the Effective Date, in accordance with section 12.1 (Evaluation and Monitoring).

6.5 The Parties agree that the ‘Information Available on Request’ category will be used

to identify those Proposed Activities that are considered to have negligible to very low impact on Secwépemc’ Aboriginal Rights and that require only minimal engagement as described in Table 2, Appendix B3.

6.6 The Parties agree that engagement under the Engagement Model will be conducted

and concluded in accordance with the Engagement Timelines set out in Appendix B3 unless otherwise recommended by the NRTC and agreed to by the relevant Delegated Decision Maker.

6.7 Where the Parties disagree with the proposed Engagement Level they may initiate the Issue Resolution Process as set out in Appendix B4.

6.8 For greater clarity, the Engagement Level may be changed, if a preliminary

assessment indicates a change is appropriate, to provide for a greater or lesser level of engagement.

6.9 The Parties agree to the following process for adding a new Proposed Activity

decision type to the Cross Agency Impact Matrix: a) the Province will submit a written request to the NRTC for their

recommendations on a description of the new decision and a proposed Default Engagement Level for that decision type; and

b) the NRTC will assess the proposed Default Engagement Level and make recommendations on the Default Engagement Level for the particular decision concerned.

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6.10 The Parties agree that they will engage on Proposed Activities involving multiple authorizations in a coordinated manner.

6.11 The Secwépemc will provide the Province with written notice if they do not plan to engage on a Proposed Activity.

6.12 The Province may ask a Proponent to share information with the Secwépemc on a Proposed Activity as soon as local staff becomes aware that an Application is expected to be made.

REVENUE AND BENEFIT SHARING

7.0 Economic and Community Development Opportunities

7.1 The Parties, with the assistance of the RBSC, will seek to identify economic and resource revenue sharing opportunities in accordance with prevailing Provincial policy and mandates.

7.2 The Parties, with the assistance of the RBSC, will explore options that are guided by prevailing policy to provide opportunities that facilitate Secwépemc participation in economic development within Secwépemc’ Territories.

7.3 Where the Parties enter into a revenue sharing agreement, the Province may

consider funding under this Agreement when determining any capacity funding requested through that revenue sharing agreement.

7.4 Nothing in this Agreement precludes Secwépemc from continuing to negotiate and

implement revenue and benefit sharing agreements with Proponents or Other Provincial Ministries and Agencies.

7.5 The Parties agree to amend existing FCRSAs that are identified as Existing Agreements by increasing the revenue sharing percentage from three percent (3%) to five percent (5%) and the stumpage rebate on eligible tenures from thirty five percent (35%) to seventy five percent (75%), retroactive to April 1, 2012, and subject to the appropriation clauses contained in section 3.6 or 3.7 of each FCRSA.

7.6 The District Manager or Regional Executive Director will invite SSN to apply for a Non Replaceable Licence under section 47.3 of the Forest Act on a non-competitive basis in the Kamloops Timber Supply Area for a term of three (3) years.

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IMPLEMENTATION

8.0 General

8.1 The Parties agree that the intent of the first year of this Agreement is to pilot the implementation of the Engagement Model and to evaluate and make recommendations on that Engagement Model in accordance with section 12.1, 12.2 and 12.3.

8.2 The Parties agree that the Implementation Guide will be used by the Parties as a guide for the implementation of this Agreement.

8.3 The Parties agree that the Responsible Officials may amend the Implementation

Guide on a semi-annual basis, or as directed by the Senior Council or Natural Resource Technical Council, based on recommendations for change from those G2G entities.

8.4 The Parties will implement the Agreement in accordance with the Implementation

Timeline set out in Appendix C.

9.0 Responsible Officials

9.1 Each Party will appoint a Responsible Official who will report to the Senior Council.

9.2 The Responsible Officials will support implementation of the Agreement and with cooperation with the SWAP Administrator, the transfer and distribution of funds, and will assume the responsibilities outlined under the Responsible Officials section in the Implementation Guide.

10.0 Funding

10.1 The Parties agree that funding and resources are necessary for effective implementation of the Agreement.

10.2 Subject to reporting under section 11.0 to the satisfaction of the Province, the Province will, for the initial three (3) year term of the Agreement, provide Secwépemc with funding to supplement its own resources to implement this Agreement payable in accordance with the following schedule:

a) implementation funds in an amount of $700,000 within sixty (60) calendar days of the Effective Date;

b) implementation funds in an amount of $700,000 within thirty (30) calendar days of the first and second anniversaries of the Effective Date; and

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c) ancillary funds in an amount of $50,000 during the 2013/14 fiscal year following a request from the Provincial Responsible Official.

10.3 Implementation funding provided by the Province under subsection 10.2 (a,b) will

be used by the Secwépemc to: a) implement the processes in this Agreement; b) actively participate on the Government-to-Government Forum and engage and

implement the Strategic Initiatives endorsed by that Forum and funded through the ancillary funds referenced in subsection 10.2(c);

c) engage with Provincial Agencies in accordance with the Engagement Model; d) develop and administer the Single Window Administrative Portal; e) review and make recommendations on the Engagement Model through the

Engagement Model Pilot; and f) collaborate on resource management and economic development.

10.4 Ancillary funding provided by the Province under subsection 10.2 (c) will be used

by Secwépemc to support Strategic Initiatives approved by the NRTC in accordance with subsection 5.4(b).

10.5 Prior to the commencement of any additional term of this Agreement agreed to under section 15.2, the Parties will negotiate and seek to reach agreement on the renewal of funding to supplement Secwépemc resources for implementation of this Agreement.

10.6 Where a Secwépemc Party receives revenue sharing payments under one or more

other agreements with the Province, the amount of that payment will be considered when determining the amount of any funding to support any additional term of this Agreement.

10.7 The funding provided to Secwépemc under this section does not preclude

Secwépemc from accessing funding that may be available through any other level of government, non-governmental body, or any provincial ministry or organization other than a Provincial Agency.

10.8 Notwithstanding any other provision of this Agreement, the payments provided by the Province to Secwépemc are subject to:

a) there being a sufficient appropriation, as defined in the Financial Administration Act, for the fiscal year in which the payment becomes due to enable the Province to make such payment; and

b) the Treasury Board, as defined in the Financial Administration Act, not having controlled or limited expenditure under any appropriation necessary in order to make such payment.

10.9 If the payments referred to in this section 10 are not provided for reasons of appropriation or for any other reason, then Secwépemc may terminate this

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Agreement.

11.0 Reporting

11.1 To be eligible for the annual payments under section 10.2(b), Secwépemc will prepare an annual report in the form set out in Appendix D forty five (45) calendar days prior to each anniversary of this Agreement.

11.2 Secwépemc will ensure that the reports are posted on a public internet site in a manner that would reasonably make the report available to members of Secwépemc and the public.

OTHER PROVISIONS

12.0 Evaluation and Monitoring of Agreement and Engagement Model Pilot Engagement Model Pilot

12.1 The Parties will appoint individuals to conduct an Engagement Model Pilot for one year after the Effective Date to:

a) review and make recommendations on how to refine FLNRO Thomson Okanagan Region’s Impact Assessment Guide and Checklist if required to better reflect the potential impact of Proposed Activities on Aboriginal Rights;

b) identify decision types of priority interest to the Secwépemc with the intent to: i. review and make recommendations on the Default Engagement Levels

in the Cross Agency Impact Matrix for decision types of priority interest to the Secwépemc within 90 days of the Effective Date as agreed to in section 6.2; and

ii. identify potential Accommodation options for decision types of priority interest to Secwépemc;

c) review the Cutting Permit/Road Permit Information-Sharing process; d) review and consider further Secwépemc submissions to the Thompson

Okanagan Region’s Sensitive Sites database; e) make recommendations on a standard list of required information to

accompany Engagement Requests, including a list of information required on accompanying maps to ensure a mutually agreed upon baseline level of readily available information is available that allows scientifically valid and rational decisions to be made;

f) facilitate information exchange on the Parties’ preliminary assessment processes including the assessment of 1) strength of claim, 2) seriousness of impact, 3) the appropriate level of consultation and 4) the likelihood Accommodations will be required; and

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g) review SWAP and the Engagement Timelines to ensure efficient engagement.

12.2 The parties will initiate a performance review of the Agreement ten (10) months after the Effective Date using the Performance Measures in the Implementation Guide.

12.3 The Parties, with the assistance of the Responsible Officials, the NRTC and the SWAP Administrator, will:

a) evaluate the Engagement Model one (1) year after the Effective Date by reviewing the outcomes of the Engagement Model Pilot under section 12.1and the performance review under section 12.2;

b) meet as required over a period of one hundred and twenty (120) calendar days, to discuss any amendment recommendations; and

c) submit any recommendations on how to improve the Engagement Model to the Senior Council.

Other Reviews

12.4 After the first year, the Parties, with the assistance of the NRTC and SWAP Administrator, will discuss the Default Engagement Levels recorded in the Cross Agency Impact Matrix annually in the third quarter of the fiscal year.

12.5 The Parties will undertake a review of the Agreement thirty (30) months from the Effective Date, or by mutual agreement, and agree that in that review:

a) the Parties will use the Performance Measures set out in the Implementation Guide;

b) the Parties, with assistance from the Responsible Officials, may make recommendations to the Senior Council respecting the extension of the Agreement, and/or the amendment of the Agreement;

c) the Parties may agree to have an independent evaluation of this Agreement; and,

d) the costs of any independent evaluation agreed to under subsection 12.5(c) will be shared jointly between Secwépemc and the Province.

12.6 Where the Parties amend the Agreement to add new First Nation parties, the reviews

under sections 12.2, 12.3 and 12.5 will continue in accordance with the timelines set out in those sections.

13.0 Amendment

13.1 All amendments to this Agreement shall be in writing and agreed to by the Parties. 13.2 The NRTC may make recommendations respecting proposed amendments to improve

this Agreement to the Responsible Officials to submitto the Senior Council.

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13.3 Where a proposed amendment is of a significant nature listed in section 13.5, the amendments must be agreed to in writing by the Minister of Aboriginal Relations and Reconciliation, on behalf of the British Columbia and the Chiefs of the Secwépemc on behalf the Secwépemc.

13.4 A proposed amendment will be considered to be of a significant nature if it includes

potential changes to any of the following:

a) the Parties, including the addition or withdrawal of any of the Secwépemc to the Agreement;

b) Secwépemc Traditional Territories illustrated on the map attached at Appendix A, including proposed changes by Secwépemc arising from internal processes regarding Secwépemc division boundaries;

c) section 2.0 (Purpose); d) section 3.0 (Scope); e) section 10.0 (Funding); f) section 15.0 (Term and Termination); g) section 13.0 (Amendment); h) section 20.0 (General Provisions); and i) other matters that the Responsible Officials agree are of a significant nature

and should be subject to the amendment process set out in section 13.4.

13.5 For all other amendments, the Senior Council has the authority to agree to a proposed amendment and may amend the Agreement in writing.

13.6 This Agreement may be amended to include other Secwépemc communities as

Secwépemc.

14.0 Dispute Resolution

14.1 This section applies to Disputes arising out of the interpretation of this Agreement only.

14.2 If a Dispute respecting the interpretation of this Agreement arises, either Secwépemc

or the Province may forward a written notice of the dispute to the Responsible Officials for direction or assistance.

14.3 If a notice of a Dispute is received by the Responsible Officials, then within twenty

(20) calendar days, the Responsible Officials will determine whether they will attempt to resolve the Dispute or recommend that the Parties may attend mediation or arbitration or another form of dispute resolution.

14.4 The time period referenced in section 14.3 may be extended on request of either Party

if the notice of Dispute is given within fifteen (15) calendar days of the beginning of Spring Break or Christmas Day.

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15.0 Term and Termination

15.1 The term of this Agreement takes effect on the Effective Date and will terminate three (3) years from the Effective Date.

15.2 The Parties may agree to extend the term of this Agreement.

15.3 In recognition of the enduring value of the Government-to-Government relationship

supported by this Agreement and the interests of the Parties to avoid litigation, the Parties will exhaust all possible means through this Agreement to resolve any dispute related to this Agreement, or disagreement on decisions related to Proposed Activities, including the application of the dispute resolution provisions, prior to giving notice under sections 15.4 and 15.5.

15.4 Any of the Parties may terminate this Agreement by giving the other Parties at least thirty (30) calendar days written notice of the intent to terminate the Agreement, the date of termination and the reasons for terminating the Agreement by sending that notice to the Responsible Officials.

15.5 Notwithstanding any other provision of this Agreement, one or more of the

Secwépemc may withdraw its participation in this Agreement by giving the Parties at least thirty (30) calendar days advance written notice of the withdrawal and the reasons for the withdrawal by sending that notice to the Responsible Officials.

15.6 Where written notice of a Party’s intent to terminate the Agreement or one of the Secwépemc Party’s intent to withdraw its participation in the Agreement has been received, the Responsible Officials will forward the notice and supporting rationale to the Senior Council for potential resolution.

15.7 If a Secwépemc First Nation provides notice under sections 15.4 or 15.5, the Province will review the funding being provided under the Agreement and other parts of this Agreement to determine what consequential amendments may be necessary, and the Parties may amend the Agreement to accommodate the withdrawal of that Secwépemc Party in accordance with the amendment process outlined in section 13.0 (Amendment).

15.8 Upon termination by any or all Secwépemc, the terminating Secwépemc Party or

Parties will remit back to the Province unspent funds to British Columbia within thirty (30) days of termination of this Agreement.

15.9 In the event this Agreement is terminated, the Parties agree that:

a) section 16.0 survives the termination of this Agreement;

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b) the Engagement Model ceases as of the date of termination and from that time forward cannot be relied upon to seek to fulfill the Province’s obligation to consult with Secwépemc or with a withdrawing Secwépemc Party as the case may be;

c) the Parties will resume consultation in accordance with any consultation processes and structures established under Existing Agreements where those agreements are still in force; and

d) The common law duty to consult and accommodate will continue to apply in an unprejudiced manner.

16.0 Confidentiality and Information Sharing

16.1 The Parties will support informed decision making in Secwépemc Territories by sharing relevant knowledge and information.

16.2 The Parties recognize that some relevant knowledge and information may be

confidential or sensitive in nature, and that confidential or sensitive knowledge or information may be shared by each Party at its discretion.

16.3 Secwépemc acknowledge that the disclosure of confidential information may be

restricted under provincial law or be subject to additional conditions on disclosure.

16.4 The Province acknowledges that Secwépemc are custodians of cultural information and that cultural knowledge may be:

a) confidential or sensitive in nature; or b) owned by individuals and must be managed according to the owner’s wishes.

16.5 Where Secwépemc shares knowledge or information with the Province, including

Traditional Knowledge or information about Sensitive Sites for the purposes of this Agreement, and that knowledge or information is identified in writing as confidential or sensitive:

a) Secwépemc will assist the Province in determining the current and future use, security, level of sensitivity and interpretation of shared information and terms under which that information may be reproduced or shared, in whole or in part, with any other party;

b) the Province will make all reasonable efforts to prevent the disclosure of that information to the public, subject to the Freedom of Information and Protection of Privacy Act or as otherwise required by law; and

c) if the Province receives a request under the Freedom of Information and Protection of Privacy Act for disclosure of information received from Secwépemc, the Province will provide Secwépemc with notice of the request and the opportunity to express any views regarding the disclosure prior to making any disclosure.

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16.6 sections 16.2 and 16.4 do not apply to information that is already in the public domain, including the Remote Access to Archaeological Data (RAAD) database and on other public websites.

16.7 Where the Province shares information with Secwépemc for the purposes of this

Agreement and that information is identified in writing as confidential or sensitive: a) the Province will assist Secwépemc in determining the use, security, level of

sensitivity, and interpretation of such information and terms under which that information may be reproduced or shared, whole or in part, with any other party; and

b) Secwépemc will make all reasonable efforts to prevent the disclosure of such information to the public.

Traditional Knowledge

16.8 The Province acknowledges that the disclosure of Traditional Knowledge is subject to

section 16.4 and that under the Freedom of Information and Protection of Privacy Act could:

a) be reasonably expected to harm the relations between the Province and the Secwépemc as an aboriginal government;

b) result in damage to or interfere with the conservation of: i. fossil sites, natural sites or sites that have an anthropological or

heritage value; ii. an endangered, threatened or vulnerable species, subspecies or race

of plants, vertebrates or invertebrates; or iii. any other rare or endangered living resources.

16.9 It is acknowledged and agreed by the Parties that the Traditional Knowledge and the

data to be compiled within SWAP is owned by and proprietary to the Secwépemc and the Province expressly agrees that it will provide notice to the Secwépemc before using or sharing the Traditional Knowledge with any third party, including without limitation, a Proponent of a Proposed Activity. Such Traditional Knowledge expressly includes, without limitation, that Traditional Information that is stored in the SWAP database.

Secwépemc Claims Preserved

17.1 Nothing in this Agreement will prevent Secwépemc from claiming, defending,

responding to, or intervening in, court or other proceedings in order to protect the claims of the Secwépemc relating to their assertion of Aboriginal Rights.

17.2 The Parties acknowledge and agree that this Agreement expressly does not address past or historical wrongs relating to the infringement of Secwépemc Aboriginal Rights by the Province or any Provincial Agency, nor does this Agreement relieve or

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release the Province or any Provincial Agency from any claims of liability in respect thereof.

18.0 Representations and Warranties

18.1 The Province represents and warrants that: a) it has the authority to enter into this Agreement and to make the covenants and

representations in this Agreement; and b) this Agreement is a valid and binding obligation of the Province.

18.2 Secwépemc represent and warrant that:

a) Secwépemc’ band councils are duly constituted band councils under the Indian Act;

b) Secwépemc’ band councils have the legal power, capacity and authority to act for, and on behalf of Secwépemc members with respect to Secwépemc Aboriginal Rights, and to make the covenants, acknowledgements and representation in this Agreement;

c) Secwépemc have taken all necessary actions and obtained all necessary approvals to enter into this Agreement for, and on behalf of Secwépemc members;

d) the Agreement is a valid and binding obligation of Secwépemc; and e) Appendix E includes true or certified copies of Band Council Resolutions of

the Secwépemc and that such resolutions have not been varied, amended, repealed or replaced.

19.0 Other Agreements

19.1 The Parties have entered into Existing Agreements which include a commitment to consult in accordance with certain processes set out in those agreements.

19.2 The Parties agree that the consultation processes and government-to-government engagement structures set out in Existing Agreements will be superseded by the Agreement.

19.3 The Province and SSN agree to transition from the consultation process and the G2G

structure within the Mines and Minerals Agreement (MMA) as follows: a) the consultation process under the MMA will transition to the Engagement

Model under this Agreement within ninety (90) days of the Effective Date and that the transition will be guided by the spirit and intent of the MMA; and

b) the NRTC will develop a strategy to transition the Joint Resources Council established under section 5.1 of the Mines and Minerals Agreement into the G2G Forum within ninety (90) days of the Effective Date.

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19.4 For greater certainty, except as provided by sections 19.2 and 19.3, this Agreement is not intended to replace the MMA.

20.0 General Provisions Not a Treaty

20.1 This Agreement is not a treaty or land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Non-Derogation

20.2 This Agreement does not affirm, recognize, abrogate, or derogate from any

Aboriginal Rights.

20.3 The Province acknowledges and enters into this Agreement on the basis that Secwépemc have Aboriginal Rights within Secwépemc Territories but that the specific nature, scope or geographic extent of those Aboriginal Rights have yet to be determined. The Parties intend that broader processes that may be engaged by the Parties may bring about reconciliation and may lead to a common understanding of the nature, scope and geographic extent of Secwépemc Aboriginal Rights.

20.4 Nothing in this Agreement is to be construed as an acceptance by a Party of the position of the other Party regarding its jurisdiction, responsibilities and decision-making authority.

20.5 This Agreement is not intended to be construed or interpreted in a manner that would

affect or unlawfully interfere with any legislative authority of the Province or fetter the discretion of any decision-making authority and participation of a Delegated Decision Maker on the G2G Forum and is not to be construed as fettering the discretion of any decision-making authority of that Delegated Decision Maker.

20.6 Nothing in this Agreement is intended to alter the environmental assessment process

under the Environmental Assessment Act.

20.7 Except as expressly set out in this Agreement, this Agreement does not limit the position any Party may take in any legal or administrative proceedings or in any discussions or negotiations between the Parties.

20.8 The Province’s acknowledgment of the importance of the Sir Wilfred Laurier

Memorial to the Secwépemc does not reflect the Province’s position on the matters described in that document.

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Governing Law

20.9 This Agreement is to be governed by the applicable laws of Canada and British Columbia.

Without Prejudice Discussions

20.10 In order to facilitate discussion of land, air, water and natural resource matters, discussions at the G2G Forum and Joint Information Sharing Forum will be on a with prejudice basis unless the Parties specifically record the discussions as having occurred on a without prejudice basis.

Emergencies

20.11 Nothing in this Agreement limits the ability of the Parties to respond to emergency circumstances.

No Ambiguity

20.12 There will be no presumption that any ambiguity in any of the terms of this Agreement should be interpreted in favour of either Party.

Entire Agreement

20.13 This Agreement and any amendment to it constitute the entire Agreement between the Parties with respect to the subject matter of this Agreement, unless otherwise agreed to in writing by the Parties.

20.14 If any part of this Agreement is void or unenforceable at law, it shall be severed

from this Agreement and the rest of the Agreement shall remain in effect and fully enforceable.

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Invalidity

20.15 If any part of this Agreement is void or unenforceable at law, the Parties agree to negotiate and attempt to reach agreement, to the extent reasonably possible and as their respective interests may require, on a replacement for the severed part with a view to achieving the intent of the Parties as expressed in this Agreement. The Parties may agree to refer the matter to the dispute resolution process set out in section 14.0.

Interpretation

20.16 In this Agreement:

a) all headings are for convenience only, do not form a part of this Agreement and in no way define, limit or enlarge the scope, extent or intent of any provision of this Agreement.

b) words in the singular include the plural, and words in the plural include the singular unless the context or any specific definition otherwise requires.

c) “including” is to be read as not limiting the generality of the preceding term or phrase.

d) any reference made to a statute includes all regulations made under that statute and any amendments or replacements.

20.17 The following Appendices and Schedules are attached to and form part of this

Agreement:

Appendix A: Secwépemc Territories Appendix B: Cross Agency Impact Matrix and Engagement Model Appendix C: Implementation Timeline

Appendix D: Annual Report Appendix E: Band Council Resolutions Appendix F: Existing Agreements Appendix G: 1910 Sir Wilfred Laurier Memorial

Schedule A: Participating Ministries and Agencies

Waiver

20.18 No term, condition, covenant or other provision of this Agreement will be considered to have been waived by the Parties unless such waiver is expressed in writing by the Parties.

Assignment 20.19 Unless otherwise agreed in writing by the Parties, this Agreement may not be

assigned, either in whole or in part, by either Party.

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Successors 20.20 This Agreement will enure to the benefit of and be binding on the Parties and

their successors and any agreed upon assigns. Execution and Delivery

20.21 This Agreement may be entered into by each Party’s representatives signing a

separate copy of this Agreement, including a photocopy or facsimile copy, and delivering it to the other Party as provided in section 21.0.

21.0 Notice and Delivery

21.1 Any notice, document, statement, report under this Agreement must be in writing, and will be deemed validly given to and received by the other Party, if served personally, on the date of personal service or, if delivered by mail, email or facsimile copy, when received as follows:

If to the Province:

Assistant Deputy Minister

c/o Regional Director Ministry of Aboriginal Relations and Reconciliation

441 Columbia Street Kamloops, BC V2C 2T1 Fax: (250) 828-4154

If to the Secwépemc:

Chief Shane Gottfriedson, Tk’emlups te Secwépemc

Chief Ron Ignace, Skeetchestn Indian Band Chief Nelson Leon, Adams Lake Indian Band Chief Judy Wilson, Neskonlith Indian Band Chief Wayne Christian, Splats’in First Nation Chief Rita Matthew, Simpcw First Nation

c/o Single Window Administrative Portal P.O. Box 188 Savona, BC V0K 2J0 Fax: 250-373-0025

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Change of Address:

21.2 A Party may, from time to time, give notice to the other Party of any change of address or facsimile number of the Party giving such notice, and after the giving of such notice, the address or facsimile number therein specified will, for the purposes of this Agreement, be conclusively deemed to be the address or facsimile number of the Party giving such notice.

21.3 The Parties agree that they will utilize electronic methods of communication for the purposes of engagement whenever practicable and appropriate.

22.0 Linkages

Other First Nations

22.1 The Province has a duty to consult with First Nations, and the Province will continue to consult with other First Nations as appropriate.

22.2 Secwépemc may engage in discussions with neighbouring First Nations to inform discussions at the Government-to-Government Forum with regard to land, water, air and natural resources.

22.3 The Parties may participate in First Nations’ advisory processes with neighbouring First Nations to address regional issues or specific initiatives such as policy or legislation review.

Other Governments or Other Provincial Ministries

22.4 The Parties acknowledge that Other Provincial Ministries or Agencies, including the Environmental Assessment Office and the Oil and Gas Commission, have consultation processes that are outside of this Agreement, and this Agreement does not create, alter or diminish their consultation or Accommodation obligations.

22.5 The Secwépemc intend to initiate negotiations outside of this Agreement with Other

Provincial Ministries or Agencies, such as the Environmental Assessment Office and the Oil and Gas Commission, or Crown corporations, such as BC Hydro.

22.6 With respect to a Proposed Activity that has the potential to have impacts on

Secwépemc Aboriginal Rights, the Parties will exchange information on becoming aware of a regulatory or consultation process, or both, initiated by Other Provincial Ministries or Agencies.

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22.7 The Parties may utilize the NRTC to initiate dialogue between the Secwépemc and the Other Provincial Ministry or Agency associated with a Proposed Activity referenced in section 22.6.

22.8 Where the Other Provincial Ministry or Agency chooses to meet with the Secwépemc under section 22.7 of this Agreement and that Provincial Ministry or Agency chooses to engage with the Secwépemc using the Engagement Model in this Agreement, the Responsible Officials will work with that ministry or agency to co-ordinate a process for engagement.

22.9 Where the Other Provincial Ministry or Agency chooses not to meet with the

Secwépemc under section 22.7 of this Agreement, the Parties acknowledge that the consultation processes that are outside of this Agreement will continue.

22.10 The Parties may collaborate when engaging with other governments including

Canada and other First Nations.

22.11 Upon a written request from an Other Provincial Ministry or Agency, the Parties may negotiate an amendment to this Agreement to enable that Other Provincial Ministry or Agency to become a signatory to this Agreement.

22.12 The Parties may undertake negotiations to bring Other Provincial Ministries or

Agencies into this Agreement, including the Environmental Assessment Office and the Oil and Gas Commission.

SIGNED on behalf of the STK’EMLÚPSEMC TE SECWÉPEMC NATION by: _______________________________ ____ Chief Shane Gottfriedson, Tk’emlups Indian Band

____________________________________ Chief Ron Ignace, Skeetchestn Indian Band

____________________________________ Witness ____________________________________ Date

____________________________________ Witness ___________________________________ Date

SIGNED on behalf of the SEXQELTKEMC TE SECWÉPEMC (Lakes Division) by: ___________________________________ Chief Nelson Leon, Adams Lake Indian Band

____________________________________ Chief Judy Wilson, Neskonlith Indian Band

____________________________________ Witness

____________________________________

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Date _______________________________ Witness

________________________________ Date

__________________________________________ Chief Wayne Christian, Splats’in First Nation

___________________________________________ Witness ___________________________________________ Date

SIGNED on behalf of the SIMPCW FIRST NATION by:

__________________________________________ Chief Rita Matthew ___________________________________________ Witness ___________________________________________ Date

and

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA,

As represented by:

__________________________________________ Minister Ida Chong ___________________________________________ Witness ___________________________________________ Date

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APPENDIX A. Secwépemc Territories [NTD: Map to be reviewed]

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APPENDIX B. Cross Agency Impact Matrix and Engagement Model B1. GENERAL

1. The Engagement Model will be amended in one (1) year based on the recommendations developed as a result of the Engagement Model Pilot in accordance with section 12.3 (Evaluation and Monitoring).

2. The Engagement Model consists of the following components: a) a Cross Agency Impact Matrix of decision types and Default Engagement

Levels (Table 1); b) a detailed Engagement Processes (Table 2); and c) a detailed Issue Resolution processes (Table 3) and supporting structures

and tools (G2G Forum, Impact Assessment Guide & Checklist, Park Use Permit Impact Assessment Tool, Accommodation Options, and Joint Information Sharing Forum).

3. The Secwépemc agree that the Province or Proponents delegated with procedural aspects of

engagement, may submit Engagement Requests and subsequent and related information through the Single Window Administrative Portal by e-referral or by direct e-mail.

B2. MATRIX AND ENGAGEMENT LEVELS

1. The Engagement Levels used to define the level of engagement under the Engagement Model are:

INFORMATION AVAILABLE ON REQUEST: This Engagement Level is intended for Proposed Activities that are considered to have a negligible to very low potential to adversely affect Aboriginal Rights. NOTIFICATION & EXPEDITED: This Engagement Level is intended for Proposed Activities that are considered to have a low potential to adversely affect Aboriginal Rights or that require an expedited engagement process due to an imminent threat to a resource value (e.g. forest health, fuel management and mountain pine beetle spread control). NORMAL: This Engagement Level is intended for Proposed Activities that are considered to have a moderate potential to adversely affect Aboriginal Rights. DEEP: This Engagement Level is intended for Proposed Activities that are considered to have a high potential to adversely affect Aboriginal Rights.

Information Available

On Request Notification &

Expedited Normal

Deep

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Table 1. Cross Agency Impact Matrix The Default Engagement Level on the Cross Agency Impact Matrix reflects only the potential adverse affect of a particular type of decision (first part of the Initial Review) and does not reflect the site-specific characteristics of a Proposed Activity. The Default Engagement Level provides a strong indicator of the Engagement Level that may be implemented for a Proposed Activity, however, site-specific characteristics and information about the exercise of Aboriginal Rights on the ground, Sensitive Sites, RAAD, areas of cultural significance, and proximity to reserves and village sites must also be reviewed. After considering the additional information about the exercise of Aboriginal Rights on the ground and the Engagement Level may be adjusted accordingly.

Fish and Wildlife Decision Matrix Default Engagement Level

ENVIRONMENTAL STEWARDSHIP DIVISION[4] Strategic Wildlife Management Plans Normal Species Management plans Normal Wildlife Harvest Policy & Procedures Normal

Guidelines and Best Management Practices (BMPs) Available On Request

Wildlife Management Plan amendments Available On Request

Allocation decisions Calculation of Annual Allowable Mortality Normal - Deep Allocation priorities among user groups (High Level Assessment) Normal - Deep Calculation of AAH (High Level Assessment) Notification Calculation of AAH (Low Level Assessment) Available On Request Provincial Fish Population Management Plan (steelhead, sturgeon, bull trout, etc) Normal - Deep

Allocation of Fish harvest opportunity (high level assessment) Normal - Deep Allocation of Fish harvest opportunity (low level assessment) Available On Request Designation of wildlife (as wildlife, big game, endangered or threatened, nuisance, etc.) Norma l- Deep

Regulations in response to social issues/concerns (e.g., closures related to treaty negotiations, etc.) Normal - Deep

Hunting and trapping season dates including LEH, bag limits, hunting restrictions and methods, season types (bow), classes of animals. Notification

Parks open to hunting (restrictions in parks) Normal - Deep Access management related to fair chase/protection of vulnerable species/habitat protection Notification - Normal

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Numbers of Hunting and species licences (resident, non-resident, etc.) Available On Request Eligibility requirements (to hunt, trap, guide, etc) - inc. FN exemption Available On Request Nuisance wildlife on private land Available On Request Possession, transport, trafficking, export, import (live wildlife, fish and dead wildlife or wildlife parts) (including eagles) Available On Request

Administrative related regulations not related to setting seasons

Number of permits to accompany non-resident Available On Request Special hunting area licences Available On Request Trapping New traplines and registration Normal Boundary Amendment involving the addition of land not previously included in a trapline Normal

Trapping regulations (seasons, closures, etc.) Notification Transfer/disposal - Major: Sale of a trapline or Major Transfer or interest (More than 50%) to a non-family member Notification

Transfer/disposal - Minor: An interest (less than 50%) of a trapline or transfer to Family Member Available on Request

Boundary Amendment where the trappers remain unchanged Available on Request Number of Trapping licences Available on Request Removal of areas from a registered trapline so that the area is no longer covered by a trapline registration Available on Request

Trapline Cabins registration Notification Abandonment of Trapline Registration Available on Request Allow an authorized trapper to trap on another's registered trapline Available On Request Angling Angling management plans for a water body Normal Angling regulations (seasons, gear, quotas) - high level assessment. Time area closures are most important to First Nations. Notification

Angling regulations (seasons, gear, quotas) - low level assessment - quotas, size limits, gear type, time area closure, age of the angler Available on Request

Angling regulations (classifying waters) Available On Request Angler day allocation classified waters Available On Request Number of Angling guide licences and Assistant Angling Guide Licenses Available on Request Numbers of Angling licences (all kinds: classified, resident, non-resident, annual, 1-day, etc.) Available on Request

Number of Conservation surcharge stamps (resident and non-resident, and various species) Available on Request

Farmed sturgeon permits Available On Request Fish collection permits Available On Request

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Fish pond permits Available On Request Guide Outfitting New guide-outfitting areas Normal Guide Territory Boundary Amendment involving addition of land not previously included in a guide territory Normal

Renewal of guide certificate Notification Issuance of guide outfitter licenses and quotas Available On Request Assistant guide outfitter licences Available On Request Guide Territory Boundary Amendment where the guides remain unchanged Available On Request Transfer/Disposal - Major: Sale of a Guide Territory Certificate or Major Transfer of interest (More than 50%) to a non family member Notification

Transfer/Disposal - Minor: An interest (less than 50%) of a guide territory certificate or Transfer to Family Member Available On Request

Guide outfitter or angling guide to guide in an area other than that endorsed in his/her guide outfitter or angling guide licence Available On Request

Inventory, Research and Monitoring Results of Wildlife and fisheries projects (counts, special projects/studies, inventory, etc.) Available On Request

Hunt, trap or kill wildlife for scientific or educational purposes Available on Request Hunt, Trap or Kill Wildlife if the Regional Manager considers it necessary for the management of the wildlife resource Available On Request

Collection of fish for scientific purposes (Angling & Scientific Collection Regulation, B.C. Reg 125/90) Available on Request

Operational Work Wildlife transplants (within and out of province) Normal Lake stocking Notification Lake enhancement (aeration, fertilize) Notification

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Forest, Range and Land Based Investment Matrix Decisions Default Engagement Level

TSA AAC Administrative Decision

Timber Supply Reviews (Chief Forester) for TSA Annual Allowable Cut Determination Normal

Annual Allowable Cut Apportionment Normal

Annual Allowable Cut Disposition (TSA) Normal

Forest Licence

Non-Replaceable Forest Licence (NRFL) Issuance Normal

New Replaceable Forest Licence (mostly First Nations) Normal

Consolidation of volume based licences within TSA Normal

Subdivision of volume based licences within a TSA Normal

FL Replacement Normal - Deep

S.18 Transfer AAC between TSA's Normal

Forest Stewardship Plan Approval Normal

FSPs Amendments requiring approval Notification - Normal

FSP Mandatory Amendments Notification - Normal

Forest Stewardship Plan Extensions Notification - Normal

Silviculture Prescriptions (See Sec 12 of the Forest Practices Code of BC Act) Available on Request

CP/RP Process in Implementation Guide (High Level Assessment): District Staff and Proponent Information Sharing have not adequately addressed specific Aboriginal Rights.

Notification – Deep

CP/RP Process in Implementation Guide (Low Level Assessment): District Staff and Proponent Information Sharing have adequately addressed specific Aboriginal Rights.

Available on Request

Transfer Forest Licences (except WL ) Normal

Forest Tenure Decisions - Misc.

Conversion of Major Timber Sale Licences Normal

Exemptions to Cut Control Limits for Forest Health Purposes (Sec 75.9) for forest licenses or Timber Sales Licence

Available on Request - Notification

Free Use Permit issuance or Cultural Use (Trees for personal use, FA S 48 - G-H) For FN Cultural Use

Available on Request - Notification

Innovative Forest Practices Forestry Plan Normal

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Authority to Harvest Timber by Crown Agents (Sec 52) Available on Request - Notification

Permit to grow and/or harvest X-Trees on Crown land (Commercial Scale) Available on Request

Licence to Cut - OLTC, FLTC, MLTC

Forest Licence to Cut Issuance for small scale salvage Available on Request - Notification

(a) Intermediate Salvage Pilot (FLTC) Notification

(b) Community Wildfire Protection (FLTC) Notification

Occupant License to Cut issuance Notification

Forest Licence to Cut Issuance by BC Timber Sales Notification

Tree Farm Licences - Decisions (TFL)

Timber Supply Review and Allowable Annual Cut (AAC) Determination Normal

AAC Determination Postponement (Licensee request/rationale to Chief Forester to postpone Determination because nothing has changed in TFL Notification

Disposition of Undercut Volumes Notification - Normal

Management Plan Approval Notification

Conversion of TFL into a Community Forest Agreement (CFA) Notification

TFL license consolidation Normal

TFL Subdivision Normal

TFL Transfer Notification

Deletion of Crown Land Normal

Removal of BCTS area/volume from TFL Normal

Early Expiry of regulated TLs (those within TFLs) (Schedule A, land of TFL) Notification

TFL Replacement Normal

Removal of Private Land Normal

FSP review and approval, Including Major amendments to FSP Normal

Forest Stewardship Plan Extensions Available on Request - Normal

Community Forest Agreement – Tenure Decision

Invitation to apply for Community Forest Agreement (Minister) - Notification

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Identification of Community Forest Agreement area and District Manager Approval (unless the decision of the area is made at higher level) Normal

Community Forest Agreement Offer Proponent's application is received by Region and Region recommends to Minister

Available on Request - Notification

Community Forest Agreement Management plan approval and amendments Notification - Normal

Timber Supply Review and/or Allowable Annual Cut Determination Normal

Boundary Amendment Notification - Normal

Replacement - Community Forest Agreement Notification - Normal

FSP review and approval, including major amendments to the FSP Notification - Normal

Forest Stewardship Plan Extensions Notification - Normal

Probationary Community Forest Agreement transition into a Community Forest Agreement Notification

Removal of Private land from CFA Available on Request - Notification

First Nation Woodland Tenures

New First Nations Woodland Tenure Notification - Normal

FNWL Forest Stewardship Plan Normal

Woodlot Tenure Decision

AAC exemption to address for forest health catastrophic events (section 75.9 of the Forest Act).

Available on Request - Notification

Development and advertisement of a new woodlot licence Normal

Direct award of woodlot to First Nations through FRA/FRO process. (Either new or Area Increase) Notification

Replacement of a woodlot licence, to current WL holder and no expansion of size Notification

Boundary amendment to increase Crown land only under section 47.3 (FN only). Notification

Minor (UP to 10% of original woodlot licence area) increase in Crown land area Notification

Disposition of private land from a Woodlot licence (may include exchange and/or deletions)` Available on Request

Deletion of Crown land from a woodlot licence Notification

Consolidation of 2 Woodlot Licences Available on Request

New Management Plan or Amendments Available on Request

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Woodlot Licence Plan approval Notification

Woodlot WLP amendments Available on Request

Forest Health

Chemical Treatments Spraying Normal

Chemical treatments/Fertilization Normal

Non-chemical treatments (e.g. Biological - Btk, manual, site prep, thin, plant) Available on Request - Notification

Range Health

Invasive Plant Pest Management Plan Available on Request - Notification

Range Grazing Lease Decisions - Land Act

Grazing Lease Tenure replacement (existing tenure renewal) Land Act, section 11 Notification

Grazing Lease Transfers Available on Request

Grazing Lease minor boundary change Available on Request

Grazing lease major boundary change Notification

Grazing Lease Management Plan Notification

Amendment to Grazing Lease Management Plan Available on Request

Range Improvements - Large Scale Developments Notification

Small Scale Range Developments Available on Request - Notification

Range Tenure Decisions - Range Act

Range Agreement Transfer Available on Request - Notification

New range agreement vacancy (relinquished tenure) Normal

New range agreement New opportunity (no previous tenure in area) Normal

Direct award of new range agreement to Band as part of FRA/FRO Notification

Range agreement replacement (existing tenure renewal). Notification

Range: 1 Year Grazing Permits Issuance Available on Request

Range AUM Adjustment Available on Request - Notification

Range Use Plan minor amendments Available on Request

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Range Agreements minor boundary changes Available on Request

Range Agreements major amendments, boundary Changes Notification

New Range Use Plan or Stewardship Plan Notification - Normal

Range Use Plan Amendments Notification

Range Improvements, large scale not in RUP Notification

Range development - small scale Available on Request

Land Base Investment Information Sharing Matrix

Data Collection/Inventory Projects Available on Request

Ground Detection Surveys (Probes) Available on Request

Overview Assessments: Aerial/Ground Truthing Available on Request

Sediment Source Assessments Available on Request

Assessment & Planning Available on Request

Computer Modelling & Mapping Available on Request

Bark Beetle Treatments and Defoliator Treatments (btk - budworm, tussock moth, hemlock looper) Notification

Bridge & Culvert Replacement / Maintenance Notification

Danger Tree Assessment & Falling Notification

Deactivation Notification

Fish Passage: Assessments/Treatments Notification

Brushing: Manual Notification - Normal

Mechanical Site Preparation / Over story Removal Notification - Normal

Planting - May include some temporary road access construction and danger tree assessment. Notification - Normal

Spacing: Manual Notification - Normal

Forest Fuel Reduction - section 52 Authorization or FLTC. The First Nations Emergency Services Society (FNESS) also recommends some forest fuel reduction Notification - Normal

Brushing: Chemical Normal

Cutting Authority Issuance (FLTC, ITSL) Over story Removal Normal

Ecosystem Restoration Treatments: Harvesting, Spacing, Thinning, Prescribed Fire. Normal

Fertilization Normal

Road/Trail Construction Normal

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BC Timber Sales

Timber Sale Licence Issuance Notification

Conversion of Replaceable Timber Sale Licences Normal

Forest Stewardship Plans - New or amendments Available on Request - Normal

Wildfire Management

Wildfire Management Plans Ministry Policy Manual Volume 1 Chapter 9 Policy 9.4 http://www.for.gov.bc.ca/tasb/manuals/policy/resmngmt/rm9-4.htm

Available on Request

Crown Lands Decisions (Lands section of FLNRO) – revised 1/24/2013 Default Engagement Level

New Crown Grant (fee simple) Land Act Sale of Leased land- Crown Grant Normal - Deep

New Crown Grants - various (such as Partnership and Sales; Adventure Tourism; new application for extension of existing holdings; extension of agriculture lands, filled foreshore under the Lands, Parks and Housing Act)

Deep

Crown Grant- community and institutional - Order in Council Deep New Licenses or Leases Quarry (sand and gravel, peat and soil, or construction stone, rip rap, rock for crushing) Normal - Deep

Commercial, agriculture & Industrial (such as Wharf , Marina, Private Yacht Club; Golf course (mostly handled through 'Resorts' ministry), hunting and fishing camps; Heavy & light industrial, Industrial camps; log handling/storage, agriculture license or lease)

Normal – Deep

Floating stores Notification

Film production Available on Request

New Community Licence/lease Public buildings & facilities; Park local/ regional; Cemetery; Military sties Normal New Residential license/lease Residential; Rural/ Remote; Urban residential Normal Floating cabin /homes; or geothermal for residential Notification New Utility license/lease

Communication sites (may include roads and power sites) Normal – Deep

Short new utilities works (roads, bridges, railway, electric power, communication lines, sewer, effluent lines, water line, waste disposal sites; pipeline) Normal

Short new utilities works within existing right of way: (roads, bridges, railway, electric power, communication lines, sewer, effluent lines, water line, waste disposal sites; pipeline)

Notification

New Permits

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Strata type moorage Normal Private moorage Notification Quarry investigative permit Notification Clean Energy- new applications Clean energy investigative tenures for and water power and wind power (includes met towers). Notification

Clean ernergy PROJECT- Wind power or water power project proposals. Deep New Commercial Recreation tenures Normal - Deep

Commercial Recreation new license (non-exclusive) Normal - Deep

Commercial Recreation - new lease or license for intensive use sites Normal - Deep

Administration for pre-existing Land Act tenures Replacements (renewal of pre-existing tenures)

Land Act Tenure Replacement/ renewal of: Leases, commercial recreation, quarry, strata.

Normal as annual batched list on web link

Land Act Tenure Replacement of smaller tenures (private moorage, small: licence for utilities, industrial, community, institutional, stat right of way); Clean Energy Program investigative permits; roads.

Available on Request

Assignments (transfers of pre-existing tenures)

Land Act Tenure Assignment- major commercial/ industry Notification - Normal Other Land Act Tenure Assignments- not involving commercial or industry proponents, where there are no changes. Transfer to a family member, divorcing spouse etc

Available on Request

Amendments: changes to pre-existing tenures Land Act conversion of a license to a longer term tenure (lease) Normal Land Act tenure management plan major amendment, major boundary change Normal Land Act tenure minor management plan or document amendment, minor boundary change

Available on Request – Notification

Other Administrative tenures: Filled Foreshore under LPH Act Normal

Land Act Reserves: initiated by FLNRO; requested by other agencies. Notification - Normal

Land Act Sub-tenuring Available on Request - Notification

Land Act Tenure holder change in control Notification Land exchanges Normal

Land Act Tenure Misc: such as holder name change with no change in control; cancellation or non-renewal; notation of interest. Available on Request

Land Act Mortgage application Available on Request

Transfer of Administration from FLNRO to another Provincial Agency Notification of the transfer. Other BC agency consults.

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Recreation Sites and Trails Decision Matrix Default Engagement Level

Establishment of an interpretive Forest Site, Recreation site or a recreation trail: Improvements on the land FRPA, S.56(1)(A)

Rustic Site/Trail with basic structures at a site that include signage, picnic tables, fire rings and outhouses Notification

Moderate Site/Trail with rustic structures but may include grading the soil for modest parking plot, small boat launch, tent pads, shelters/warming hut (on blocks) or boardwalks

Notification

Substantive Site/Trail with high site disturbance and/or permanent shelters, cabins, bridges and trail boardwalks Normal

Sites previously established with no or low level of FN consultation Notification

Establishment of an interpretive Forest Site, Recreation site or a recreation trail: Administrative Decision FRPA, S.56(1)(A)

Name or change name of a site Available On Request Related to the running of day to day operations Available On Request

Changing the boundaries of managed sites or trails FRPA, S.56(1)(B)

Reducing the boundary of an established recreation site with remediation measures (i.e. removal of improvements such as picnic tables, signs and outhouses in order to put back to nature)

Available On Request

Expansion of an established recreation site or trail where the expansion is an administrative change with no on the ground impacts (due to data clean-up). Available On Request

Expansion of an established recreation site or trail where the expansion will involve development (see #5). Notification

Permanently Closing a Managed Site or Trail FRPA, S.56 (1)(C) Notification

Establishment of Objectives to Guide Forest Licencees FRPA, S.56 (3) Notification

Objectives to introduce compatible recreational activity Notification

Objectives to introduce multiple recreation activities and/or close to specific types of recreation activities Notification

Permitted uses at managed sites and trails (FRR, Pt.4)

Decisions to permit small organized events with less than 50 people on a temporary basis Available On Request

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Decisions to permit moderate to large organized events with more than 50 people on a temporary basis Available On Request

Establishing Fees for Uses at Managed Sites and Trails (FRR, Part 5) Available On Request

Authorizing Third Party Recreational Site or Trail Development, Rehabilitation, or Maintenance with no Land Designations (FRPA s.57)

Third party authorization resulting in minimal disturbance to the area such as brush clearing. Available On Request

Third party authorization resulting in substantial disturbance such as development of a rec site or large trail. Normal

Protection of Recreation Resources on Crown Lands by restricting or prohibiting Public Use (FRPA s.58). These restrictions may apply to First Nations.

Normal

Regulatory Authority at Managed Sites and Trails that includes restricting prohibiting, or attaching conditions of use (FRPA, S.148). The Regulations are the rules around use of the Rec Site or trail.

Proposed access regulations that impacts recreational and non recreational use Available On Request

Third Party Agreements at Managed Sites or trails to Develop, Expand, Maintain, Repair, or Close a Rec Site, Interpretive Site or Trail (FRPA, S.118(2)(D))

The activities of third parties authorized under a partnership agreement with the ministry to carry out minor developments or maintenance activities (table, fire ring). Available On Request

The activities of third parties authroized under a partnership agreement with the ministry to carry out development activities that have moderate to high potential for impact on the land (i.e clearing trees, grading soil for a new parking lot, building a warming hut that is permanently affixed to the ground.

Normal

Identification of a Recreation Resource Value under a Government Action Regulation (FRPA S.5 (1) and (2))

Recommendation to a district manager to identify a recreation resource value under FRPA for consideration by Forest Licensees Notification

Resort Matrix Decision Types Default Engagement Level

GENERAL

Land Act (Tourism) Reserve Establishment (map reserve, notation of interest) Notification

Land Act Crown grant Deep

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Land Act Crown lease (includes foreshore for Marina purposes) Deep

Land Act Right of way and easement Normal - Deep

Land Act License of Occupation Normal

Crown Grant existing lease Normal - Deep

Forest Related (Resort Timber Administration Act [RTAA] or Forest Act):

RTAA Designation Available On Request - Normal

Occupant License To Cut (OLTC) Notification - Normal

Forestry License To Cut (FLTC) Notification - Normal

Resort Timber Administration Act Regulation Changes Available On Request - Notification

Provincial Forest Deletions Notification

Wildfire Management Plan and treatment Available On Request - Normal

Forest Health Plan implementation Available On Request - Normal

Old Growth Management Area creation/replacement Available On Request

Wildlife Habitat Area creation/replacement Available On Request

Area-based forest tenure boundary amendment Available On Request

ADMINISTRATIVE:

Land Act tenure replacement Notification - Normal

Land Act tenure Assignments/transfers Available on Request

Land Act tenure modifications Notification - Deep

COMMERCIAL ALPINE SKI RESORTS:

Expression of Interest Notification - Normal

Formal Proposal / Interim Agreement License Notification - Normal

Master Development Agreement (MDA) inclusive of subsequent tenures issued under either the Land Act or the Lands, Parks and Housing Act Deep

Operating Agreement (OA) inclusive of subsequent tenures under the Land Act, Forest Act, RTAA, or the Lands, Parks and Housing Act. Normal - Deep

MDA or OA modification Notification - Deep

Tenuring consistent with MDA or OA Notification - Normal

Water Decisions Matrix Default Engagement Level

Water Act

Approvals – Short Term Use of Water – Sec. 8 Available on Request

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Approvals – Changes in and about a stream – Sec. 9 (Minor works (less than 50 m) Low Level Assessment Available on Request

Approvals – Changes in and about a stream – Sec. 9 (Moderate works over 50 m and more complex projects) Moderate Level Assessment

Notification - Normal

Water Licences - Storage Purpose Notification to Normal

Water licenses - Domestic Purpose Available on Request

Water Licences - Agricultural Purpose (Irrigation): Low Level Assessment (Less than 100 cubic metres per day - 10 acre feet) Available on Request

Water Licence - Agricultural Purpose (Irrigation): Moderate Level Assessment (100 cubic metres per day to 5,000 cubic metres per day - 10 to 500 acre feet)

Notification

Water Licence Agricultural Purpose (Irrigation): High Level Assessment (More than 5000 cubic metres per day - more than 500 acre feet)

Normal

Water licences - Industrial & Commercial Purpose Low Assessment (less than 100 cubic metres per day - 10 acre feet) Available on Request

Water licences - Industrial & Commercial Purpose Moderate Assessment (100 to less than 5000 cubic metres for notification and more than 5000 cubic metres per day for normal)

Notification - Normal

Water licences - Mining Purpose Notification - Deep

Water licences - Conservation Purpose Available on Request - Notification

Water licences - Waterworks Pupose Notification - Deep

Water Licences - Power Purposes (includes residential, commercial and general) – Sec. 12.2 Notification - Deep

Quick Licensing Procedures – Sec. 12.1 Available on Request

Amendment and substitution of licence or approval – Sec. 18 Low Level Assessment - minor changes Available on Request

Amendment and substitution of licence or approval – Sec. 18 More Significant Level Assessment - more significant works or significant change in purpose Notification

Transfer of Appurtenancy – Sec. 19 Available on Request

Apportionment of Rights - Sec. 20 Available on Request

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Permit Over Crown Land – Sec. 26 PCL Available on Request

Water Use Plans Normal

Water Management Plans (Part 4 of Act) Normal

Water Allocation Plans Normal

Water Users’ Communities (part 3 of Act) Available on Request

Dike Maintenance Act

Approvals for works on dikes (upgrade or new construction) Normal

Mines Decision Matrix Description of Decision Default Engagement Level

Induced Polarization Surveys Induced polarization using exposed electrodes. Minimal disturbance with this activity.

Permit Issued Notification

NOW Applications (High Level Assessment)

Exploration Access, Trenching, Test Pits, Bulk Sample, Drill pads and sumps, Disturbance Associated with UG activities. Threshold: Applications involving disturbance greater than 0.25 ha.

Normal

NOW Applications (Low Level Assessment)

Exploration Access, Trenching, Test Pits, Bulk Sample, Drill pads and sumps, Disturbance Associated with UG activities. Threshold: Applications involving disturbance less than 0.25 ha.

Notification

Environmental Protection Matrix Decisions Default Engagement Level

ENVIRONMENTAL PROTECTION DIVISION

Solid Waste Management Plans (consultation undertaken by Regional Districts and Municipalities) Deep

Operating Certificate (authorized under Solid Waste Management Plans)if there are outstanding First Nations concerns with Solid Waste Management Plan Normal

Operating Certificate (authorized under Solid Waste Management Plans)if no outstanding First Nations concerns with Solid Waste Management Plan Notification

Liquid Waste Management Plans Deep

Operating Certificate (authorized under Liquid Waste Management Plans) if there is outstanding First Nation(s) concerns with Liquid Waste Management Plan Normal

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Operating Certificate (authorized under Liquid Waste Management Plans) if No outstanding First Nation(s) concerns with Liquid Waste Management Plan Notification

Hazardous Waste facility approval on Crown Land (authorizations under Environmental Management Act for major projects exceeding Environmental Assessment Threshold

Deep

Hazardous Waste Facility approval private land (authorizations under Environmental Managment Act for major projects exceeding Environmental assessment threshold) Notification

New Permit or approval - Effluent (sewage & other waste discharges) - Large Normal

New Permits or approvals - Effluent (sewage & other waste discharges) - Small Notification

Major Amendments - Permits or approvals (10% or more increase in discharge) Notification

Minor Amendments - Permits or approvals (less than 10% increase in discharge, or other minor changes) Available On Request

Transfer of a permit to discharge waste Available On Request

New Permits or approvals - Refuse (garbage, solid waste) - Large (e.g. Municipal landfill) Normal-Deep

New Permits or approvals - Refuse (guarbage, solid waste) - small Notification

New Permits or approvals - Air Available On Request

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Parks Decisions Matrix Default Engagement Level

Letters of Authorisation Available On Request

Park Use Permits

Research Available on Request - Notification

Commercial Recreation, motorized (major/high impact, heli-skiing, boat tours) Normal

Commercial Recreation, six months or longer (minor, low impact, non-motorized, multiple trips) Available On Request

Film production Available On Request

Commercial Services, general (food vending, equipment rentals, transportation) Available On Request

Minor ski areas (compact, small) Normal

Major resorts (alpine ski facilities) Normal - Deep

Communication sites (eg repeaters) Notification

Roadways (public) Normal

Roadways (industrial/private) Normal

Rights-of-way (utilities, <25 km) Normal

Rights-of-way (utilities, >25 km) Normal

Agriculture or grazing (rec guiding) Notification

Residential (institutional use of private or Crown owned facilities, cottages or huts) Available On Request

Non-profit organizations (use of private or Crown owned structures) Available On Request

Private moorage (docks, wharves) Notification

Aquaculture (shellfish, finfish) Normal - Deep

Quarrying (rock or aggregate removal) Normal - Deep

Log handling (storage, sorts) Normal - Deep

Alternative power (water or wind) Normal - Deep

Energy and mining Normal - Deep

Wildlife Act Related (trapping, angle guiding, guide-outfitters) Notification

Transfers Notification

Park Planning

Management plans – full Notification

Management plans – MDS Notification

Management plan – PSZP Notification

Boundary Changes

Designating new protected areas Normal - Deep

Amending park boundaries Normal

Wildlife Management Areas (designation, establishment, amendment) n/a

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Acquisition of new private property for protection Available on Request Designation new private property for protection Notification Disposition of land to third parties (Land Acquisition Agreements) Normal

Operational Planning

Fire management planning Notification

Ecosystems restoration planning Notification

Forest health planning Notification Exemption to the order of a regional manager in regard to the use of wildlife

management areas n/a

Use Land or Resources in a Wildlife Management Area in Accordance with s. 4(4) of the Act n/a

Alter/damage/destroy wildlife habitat or discharge/deposit a substance in a wildlife management area, in a manner harmful to wildlife or wildlife habitat n/a

Operations

Facility maintenance Available On Request

New facility development, construction Notification

Vegetation management Notification

Access management (non-emergency seasonal opening and closing trails for vegetation management or minimizing wildlife/human conflicts) Notification

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B3. ENGAGEMENT PROCESS

1. The Province is responsible for meaningful and adequate consultation and, where appropriate, Accommodation under the Engagement Model; however it may delegate procedural aspects of engagement to Proponents.

2. Where the Province delegates procedural aspects of engagement to a Proponent, the Proponent may initiate communication with

the Secwépemc by providing an Engagement Request through the SWAP and use the CP/RP Process in the Implementation Guide to guide their engagement with the Secwépemc.

3. When responding to an Engagement Request received from a Proponent, Secwépemc may provide the Proponent with all reasonably available information that is not considered confidential by Secwépemc, to assist in the identification of potential impacts to Secwépemc Aboriginal Rights.

4. A Joint Information Sharing Forum may be established by the Senior Council to support “Deep Level” engagement and allow three-way dialogue among the Province, Secwépemc, and Proponents related to:

a) the Proposed Activity and any associated authorizations; b) potential impacts of those Proposed Activities on Aboriginal Rights c) existing government regulatory and permitting requirements/processes; and d) the requirements or processes of the First Nations.

5. The JISF may be initiated by a request from the Secwépemc, the Province, or a Proponent, on a voluntary and as-needed basis to

support the resolution of issues arising during the Engagement Model, and is not meant to be a standing forum.

6. The Province and the Secwépemc will follow the following engagement steps:

Step 1. The Province will refer to the Cross Agency Impact Matrix in Table 1 to identify the Default Engagement Level for the type of decision; Step 2. The Province will determine the appropriate Engagement Level by confirming or adjusting the Default Engagement Level as follows:

a) Assess the specifics of the decision to identify any potential adverse affect on Aboriginal Rights; b) where the Cross Agency Impact Matrix indicates a range of Default Engagement Levels, the Province may use the

Impact Guide & Checklist set out in Appendix B4.3, except for BC Parks who may use the Park Use Permit Impact

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Assessment Tool set out in Tables 6 and 7, and knowledge of the site-specific characteristics of the Proposed Activity to clarify the potential adverse affect of the Proposed Activity on Aboriginal Rights;

c) undertake an Initial Review of readily available Aboriginal Rights-related information such as Indian Reserves, Sensitive Sites and Archaeological sites close to a Proposed Activity to get a general understanding of the nature of the Secwépemc Aboriginal Rights.; and,

d) in consideration of all the above information, determine the appropriate Engagement Level for an Engagement Request. Step 3. The Province will identify the Engagement End Date in accordance with the Engagement Timeline set out in Table 2. Engagement Timelines will commence on the 2nd or 4th Wednesday of each month after the Engagement Request is emailed to the SWAP. Step 4. Where the results of Step 2 determine “Available on Request” or “Notification” Engagement Level, record the results of the Initial Review in the internal engagement record. Where the results of Step 2 determine “Normal” or “Deep” Engagement Level, provide the results to the Secwépemc in the Engagement Request. Step 5. The Province and Secwépemc will engage in accordance with the processes and Engagement Timelines outlined in Table 2.

Step 6. Provincial operational consultation staff will track the number of engagement files that met the expected Engagement Timelines and the number of engagement requests that do not receive a response from the Secwépemc.

Table 2. Engagement Model Processes INFORMATION AVAILABLE ON REQUEST

NOTIFICATION & EXPEDITED

NORMAL DEEP

Engagement Timeline: • No Engagement required

Engagement Timeline: • 10 Calendar Days from 2nd

or 4th Wednesday after Engagement Request sent

Engagement Timeline: • 25 Calendar Days from 2nd

or 4th Wednesday after Engagement Request sent

Engagement Timeline:

• 60 Calendar Days from 2nd

or 4th Wednesday after Engagement Request sent

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INFORMATION AVAILABLE ON REQUEST

NOTIFICATION & EXPEDITED

NORMAL DEEP

(whichever Wednesday is closer)

(whichever Wednesday is closer)

(whichever Wednesday is closer)

• Information is available on

request

Province Sends Engagement Request through SWAP that includes the following: • Description of Proposed

Activity and list of related authorizations

• Map • Engagement Level • If at Expedited

Engagement Level, provide expediting rationale

• Provincial Contact • Engagement End Date

Province Sends Engagement Request through SWAP that includes the following: • Description of Proposed

Activity and list of related authorizations

• Map • High level summary of

Initial Review results • Engagement Level

Provincial Contact • Engagement End Date

Province Sends Engagement Request through SWAP that includes the following: • Description of Proposed

Activity and list of related authorizations

• Map • High level summary of

Initial Review results • Engagement Level

Provincial Contact • Engagement End Date

Parties Engage: • Secwépemc will review the

Engagement Request, and identify any potential impacts to Secwépemc Aboriginal Rights that may occur as a result of the Proposed Activity.

• Secwépemc’ will provide to the Province through SWAP all reasonably available information

Parties Engage: • Secwépemc will review the

Engagement Request, and identify any potential impacts to Secwépemc Aboriginal Rights that may occur as a result of the Proposed Activity.

• Within a reasonable time, to allow further engagement prior to the Engagement End Date, Secwépemc’ will

Parties Engage: • Secwépemc will review the

Engagement Request, and identify any potential impacts to Secwépemc Aboriginal Rights that may occur as a result of the Proposed Activity.

• Within a reasonable time, to allow further engagement prior to the Engagement End Date, Secwépemc’ will

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INFORMATION AVAILABLE ON REQUEST

NOTIFICATION & EXPEDITED

NORMAL DEEP

related to those Aboriginal Rights, their concerns about potential impacts to those Aboriginal Rights, and any recommendations to mitigate, avoid or reduce impacts.

• Upon response from Secwépemc, the Parties in meaningful and adequate consultation.

• Where Secwépemc do not provide a response by the Engagement End Date, the Province may proceed to the decision.

• Where issues are identified, the Parties will use the Issue Resolution Process in Appendix B4.

provide the Province through SWAP all reasonably available information related to those Aboriginal Rights, their concerns about potential impacts to those Aboriginal Rights, and any recommendations to mitigate, avoid or reduce impacts.

• Upon response from Secwépemc, the Province will consider the response and the Parties will engage in meaningful and adequate consultation.

• Where Secwépemc do not provide a response by the Engagement End Date, the Province may proceed to the decision.

• Province will conduct a preliminary assessment of the strength of Secwépemc’ Aboriginal Rights and the potential impacts of a Proposed Activity.

• Where strong Aboriginal Rights or significant

provide to the Province through SWAP all reasonably available information related to those Aboriginal Rights, their concerns about potential impacts to those Aboriginal Rights, and any recommendations to mitigate, avoid or reduce impacts.

• Upon response from Secwépemc, the Province will consider the response and the Parties will in meaningful and adequate consultation.

• Where Secwépemc do not provide a response by the Engagement End Date, the Province may proceed to the decision.

• Province will conduct a preliminary assessment of the strength of Secwépemc’ Aboriginal Rights and the potential impacts of a Proposed Activity.

• Where strong Aboriginal

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INFORMATION AVAILABLE ON REQUEST

NOTIFICATION & EXPEDITED

NORMAL DEEP

potential adverse impacts are indicated, the Parties will consider appropriate Accommodations and may consider a change to the Engagement Level.

• In considering appropriate Accommodation the Parties will consider the information gathered during engagement, the preliminary assessment, any Secwépemc’ recommendations, and other accommodations provided by the Province or the Proponent and the Parties may refer to the Accommodations Options in Appendix B4.4.

• Where issues are identified, the Parties will use the Issue Resolution Process in Appendix B4.

Rights, or significant potential adverse impacts are indicated, the Parties will consider appropriate Accommodations.

• In considering appropriate Accommodation the Parties will consider the information gathered during engagement, the preliminary assessment, any Secwépemc’ recommendations, and other accommodations provided by the Province or the Proponent and the Parties may refer to the Accommodations Options in Appendix B4.4.

• Where issues are identified, the Parties will use the Issue Resolution Process in Appendix B4.

Prepare for Decision: • Province to prepare a

summary of engagement including: Initial Review results, any engagement

Prepare for Decision: • Province to prepare a

summary of engagement including: Initial Review results, the engagement that

Prepare for Decision: • Province to prepare a

summary of engagement including Initial Review results, the engagement that

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INFORMATION AVAILABLE ON REQUEST

NOTIFICATION & EXPEDITED

NORMAL DEEP

that occurred, and, if applicable, any discussion regarding issues.

• Provide the summary of engagement to the Delegated Decision Maker.

occurred, preliminary assessment, any discussion regarding issues and recommendations on how the Province considered and if required, accommodated potential adverse affect of the Proposed Activity on Secwépemc Aboriginal Rights

• Where Secwépemc requests a summary of engagement at least 10 calendar days prior to the Engagement End Date, provide a letter summarizing the above information to Secwépemc at least 5 Business Days prior to the Engagement End Date to ensure Secwépemc have an opportunity to review and comment prior to Engagement End Date

• At the Engagement End Date, Provincial operational staff will forward a summary of engagement, unresolved issues and, where NRTC review was undertaken, any recommendations by the

occurred, preliminary assessment, any discussion regarding issues, and recommendations on how the Province considered and if required, accommodated potential adverse affect of the Proposed Activity on Secwépemc Aboriginal Rights

• Provide a letter summarizing the above information to Secwépemc at least 5 Business Days prior to the Engagement End Date to ensure Secwépemc have an opportunity to provide further Aboriginal Rights information prior to Engagement End Date

• At the Engagement End Date, Provincial operational staff will forward a summary of engagement, unresolved issues and, where NRTC review was undertaken, any recommendations by the NRTC to Delegated Decision Maker(s)

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INFORMATION AVAILABLE ON REQUEST

NOTIFICATION & EXPEDITED

NORMAL DEEP

NRTC to Delegated Decision Maker(s)

Send Decision Notification & Rationale: • If requested by Secwépemc,

the Province will send a decision letter and rationale, including any relevant Accommodation.

Send Decision Notification & Rationale: • Send a decision letter to

Secwépemc of the decision and rationale behind the decision, including any relevant Accommodation.

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B4. ISSUE RESOLUTION

B4.1 ISSUES SUPPORT – ISSUES RESOLUTION PROCESS (For Proposed Engagement Levels and Matters Arising During Consultation)

1. Where issues arise between the Parties during engagement on Proposed Activities, the Parties will use the Issue Resolution Processes described in Table 3 to address those issues. Appendix B4.2 provides further information on issues support, including the linkage between the Engagement Model and the Natural Resource Technical Council and Senior Council, and, as well, the Impact Assessment Guide and Checklist and the list of Accommodation Options.

Table 3. Issue Resolution Process

ISSUE RESOLUTION

INFORMATION AVAILABLE ON

REQUEST

NOTIFICATION & EXPEDITED NORMAL DEEP

Resolve Issues: • Issues are to be managed

by Secwépemc and Provincial operational staff within the Engagement Timelines and timelines will not be extended; however, either Party may submit the issue to the Natural Resource Technical Council for review and consideration outside the Engagement Process and for future engagement

Resolve Issues: • Issues are to be managed

by Secwépemc and Provincial operational staff with the assistance of the NRTC where requested in accordance with Appendix B4.2.

• Where issues arise that require a reasonable extension of the Engagement Timeline, Secwépemc and Provincial operational staff may make

Resolve Issues: • Issues are to be managed

by Secwépemc and Provincial Operational Staff with the assistance of the NRTC where requested in accordance with Appendix B4.2.

• Where issues arise that require a reasonable extension of the Engagement Timeline, Secwépemc and Provincial operational staff may make

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consideration. • These Proposed Activities

are considered to have very low to negligible potential adverse affect on Aboriginal Interests, and for this reason, the Parties have agreed that a Preliminary Assessment at the notification level is not required.

• Due to the minor nature of these Proposed Activities, these notification type decisions cannot be elevated to a higher level of engagement; however, operational staff will provide the decision maker with all of the concerns with regard to the impact of the Proposed Activity on Secwépemc’s Aboriginal Interests.

• Concerns over the Engagement Level may be addressed outside the Engagement Process.

• Prepare for decision.

recommendations to the Delegated Decision Maker to extend the Engagement Timeline by an additional 10 Business Days.

• Where Secwépemc and Provincial operational staff disagree on the Engagement Level, the Province will review its preliminary assessment with Secwépemc, in consideration of information brought forward by Secwépemc in support of a change to the Engagement Level, and where appropriate, the Parties may agree to change the Engagement Level.

• Where the Secwépemc and Provincial operational staff disagree on the Engagement Level or other issues, the Secwépemc will provide the Province with all reasonably available information related to the impact of the Proposed Activity on their Aboriginal Rights.

recommendations to the Delegated Decision Maker to extend the Engagement Timeline by an additional 10 Business Days.

• Where the Secwépemc and Provincial operational staff disagree on the Engagement Level or any other issues, the Secwépemc will provide the Province with all reasonably available information related to the impact of the Proposed Activity on their Aboriginal Rights.

• Operational Staff may refer to the Impact Guide and Checklist in Appendix B4.3, the Updated Procedures for Consulting with First Nations and other tools to assist them reach a shared understanding of potential adverse affect of a Proposed Activity on Aboriginal Rights.

• In considering Accommodation where Aboriginal Rights are

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• Operational staff may refer to the Impact Guide and Checklist in Appendix B4.3, the Updated Procedures for Consulting with First Nations and other tools to assist them to reach a shared understanding of potential adverse affect of a Proposed Activity on Aboriginal Rights.

• In considering Accommodation where Aboriginal Rights are strong and the potential impacts of the Proposed Activity are significant, the Parties may refer to the Accommodations Options in Appendix B4.4

• Although the NRTC may be requested to support engagement issues, including those regarding the Engagement Level, NRTC review of issues should be limited, where possible, to addressing issues outside of the transactional consultation process.

strong and the potential impacts of the Proposed Activity are significant, the Parties may refer to the Accommodations Options in Appendix B4.4.

• Secwépemc and Provincial operational staff may request operational support from the NRTC by providing a written summary of issues to NRTC for consideration and issues tracking.

• If issues require higher level consideration, budget or implementation approval, the NRTC may submit that written summary to the Senior Council co-chairs for review and recommendations.

• The Parties may request a Joint Information Sharing Forum to enable 3-way dialogue among the Province, Secwépemc and Proponent.

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• Operational staff may request support from the NRTC by providing a written summary of issues to NRTC for consideration and issues tracking.

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B4.2 ISSUES SUPPORT - GOVERNMENT-TO-GOVERNMENT FORUM

1. The Senior Council, Natural Resource Technical Council and Single Window Administrative Portal will support the Engagement Model in accordance with their terms of reference.

2. Operational staff may ask the NRTC to review and discuss an engagement issue by submitting a request in writing to the NRTC that includes:

a) a summary of the issue; b) the proposed Engagement Level c) supporting information on the issue; d) suggested solutions; e) impacts to rights and title; and f) Engagement End Date.

3. NRTC will review engagement issues, including those regarding the Engagement Level,

forwarded to them and submit their recommendation(s) to the appropriate Delegated Decision Maker.

4. The Parties’ operational staff may ask the Senior Council to establish a Joint Information

Sharing Forum as described in the Implementation Guide in accordance with section 5.0 to discuss issues arising at the Deep Engagement Level.

5. The NRTC and Senior Council, where requested to support engagement, will provide any recommendations regarding issue resolutions to operational staff for future engagement consideration.

6. The NRTC may also provide support on issues related to Proposed Activities through the

Strategic Initiatives it develops and endorses in accordance with section 5.4(b).

B4. 3 ISSUES SUPPORT - IMPACT ASSESSMENT GUIDE AND CHECKLIST

1. The TOR Impact Assessment Guide and Checklist shown in Tables 4 and 5 is a guideline to assist staff to assess the potential adverse affect of Proposed Activities on Aboriginal Rights in accordance with the Engagement Model.

2. This guideline is also used to determine the Default Engagement Levels recorded on the Cross Agency Impact Matrix. The Parties will review this guideline as part of the Engagement Model Pilot and make recommendations for its refinement.

3. BC Parks’ Park Use Permit Impact Assessment Tool shown in Tables 6 and 7 is a guideline to assist BC Parks staff to assess the potential adverse affect of Proposed Activities on Aboriginal Rights in accordance with the Engagement Model.

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4. The Park Use Permit Impact Assessment Tool is also used to determine the Default Engagement Levels recorded on the Cross Agency Impact Matrix.

Table 4. Impact Assessment Guide

Criteria CONSIDER: How do these factors impact the Aboriginal Right to hunt, fish, trap or gather, or impact Aboriginal Title if asserted?

Permanence 1. Will the decision/activity result in permanent alienation of Crown land?

2. Will the decision/activity result in a permanent alteration of the land or other natural resource?

Exclusivity Will the decision/activity result in the use of land or resources by one user and exclude others?

Access 1. Will the decision/activity result in new public access to land or resources that were not previously accessible?

2. Will the decision/activity restrict access to land or resources that were previously accessible?

3. Will the decision/activity alter historical access or control points to an area beyond the activity?

Resource Extraction Is resource extraction being proposed?

Resource Renewability

1. Are the resources associated with the proposed decision/activity non-renewable?

2. If the resource is renewable, will it take a long time for it to renew? 3. Is the resource relatively scarce?

Potential Disturbance

1. Will the decision/activity disturb soil, water, air, vegetation, fish habitat or wildlife habitat?

Size and Magnitude 1. Will the decision/activity affect a large geographic area? 2. Is the decision/activity associated with a large volume? 3. Will the decision/activity have a large impact on natural resources

ASSESSMENT PROCESS: 1. Answer the questions in the Impact Assessment Guide to identify which of the criteria apply

to your decision or activity, and tick off either ‘Yes’ or ‘No’ in the Impact Checklist. 2. Using your responses to the questions in the Guide, identify the potential impact of your

decision or activity for each applicable criterion using the Impact Spectrum and Spectrum Indicators provided in the checklist to guide you.

3. Assess the overall impact of the decision/activity by considering all the individual impacts you’ve documented, identifying which criteria are most significant to your assessment, how criteria inter-relate, etc.

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relative to other projects of similar nature?

Riparian and Water 1. Will the decision/activity impact riparian or water values?

Chemicals 1. Will chemicals be applied? 2. Will the decision/activity generate chemical by- products? 3. Are the chemicals being applied or generated considered toxic

according to the Environment Canada’s Toxic Substances List?

Temporal Aspect 1. Is the decision/activity associated with a long-term tenure relative to other forms of tenure?

2. Will the effects of the decision/activity persist for a long time? 3. Will the decision/activity take a long time to carry out?

Seasonality 1. Will the decision/activity impact seasonal uses of natural resources? 2. Is the timing of the activity inflexible to changes that enable

aboriginal use?

Management Regime Change

1. Will the decision/activity result in a change in governance structure?

2. Will the decision/activity result in a change to management practices or processes?

3. Does the Crown give up its ability to influence management practices?

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Table 5. Impact Assessment Checklist

Decision or Activity: __________________________________________________________________ Note: When assessing the appropriate Engagement Level for a higher level decision (e.g. planning decision), it may be appropriate to consider the potential adverse affects and the Engagement Levels required for the downstream decisions enabled by that higher level decision. The Default Engagement Level on the Cross Agency Impact Matrix reflects only the potential adverse affect of a particular type of decision (first part of the Initial Review) and does not reflect the site-specific characteristics of a Proposed Activity or site-specific information about the exercise of Aboriginal Rights on the ground. The Default Engagement Level provides a strong indicator of the Engagement Level that may be implemented for a Proposed Activity, however, site-specific information about the exercise of Aboriginal Rights on the ground, Sensitive Sites, RAAD, areas of cultural significance, and the Proposed Activity’s proximity to reserves and village sites must be considered. After considering the Default Engagement Level, and the above information, the Engagement Level may be adjusted accordingly. Impact Criterion Does the

criterion apply?

ASSESSING POTENTIAL IMPACT: Consider each of the twelve criteria in the context of its potential adverse impact on Aboriginal Rights such as hunting, fishing, trapping, gathering and/or title.

Impact Spectrum YES NO LOW

(negligible, minor)

MODERATE HIGH

Spectrum Indicators

Permanence

Temporary Permanent (e.g.

land alienation or alteration)

Exclusivity

Open to other use Some use can occur

Permanent closures, excludes others

Access

No increased public access; no restriction of FN access

High increase in public access, (e.g. new access); restriction of FN access

Resource Extraction No extraction Extraction

Resource Renewability

Quick renewability (e.g. annual - grass)

Slower renewability, (e.g. 100 years - timber)

Not renewable (e.g. minerals, gravel)

Potential Disturbance Very little to none

High degree of disturbance

Size and Magnitude Small Large geographic

area, large volume, high inputs

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Riparian and Water

Very little to no association with riparian areas or water

Indirect or incidental association with riparian areas or water

Direct and significant association with riparian & water

Chemical No chemical inputs

Use of biologic agents

Chemical inputs or by-product, toxic

Temporal

Short-term tenure, or short-term activity

Long-term tenure, or effects or activity persists over long term

Seasonality Activity is

seasonally flexible

Activity is seasonally inflexible

Management Regime Change

No change in management regime; Status quo, similar activity has been occurring in the past

Significant changes to management regime

Assessed overall impact

Engagement Level (see Note above)

Notification Can mean:

• Engagement at Notification Level (see Engagement Model)

• Expedited (shorter timelines)

Normal Can mean:

• Engagement at Normal Level (see Engagement Model)

Deep Can mean:

• Engagement at Deep Level (see Engagement Model)

Rationale for this choice of Default Engagement Level: Factors that would trigger an adjusted Engagement Level:

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Table 6 & 7. Park Use Permit Impact Assessment Tool Note: This is expected from parks by March 31, 2013, before Minister’s signing.

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B4.4 ISSUES SUPPORT - ACCOMMODATION OPTIONS 1. The following non-prescriptive options may be considered by the Province, and potentially in

appropriate situations, by Proponents, in their development of recommendations to address adverse affects on Aboriginal Rights identified during engagement:

a) mitigation measures; b) the Proposed Activity not proceed at all, or within a particular area; c) that the Proposed Activity proceed in phases and monitored for ongoing impacts on

environmental and Aboriginal Rights; d) avoidance; e) proposal modification; f) commitments to take other action, including land protection measures; g) permit conditions such as

i. avoiding identified culturally significant areas, ii. restriction of work during certain times of the year, or

iii. requirement for the Proponent to inform Secwépemc in advance of conducting work;

h) impact monitoring; i) appointment of Secwépemc on project monitoring boards; j) mechanisms to enable Secwépemc access to resources for Aboriginal Rights practices

including spiritual use; k) voluntary proponent-funded

i. archaeological overviews, ii. impact assessments,

iii. cultural heritage assessments, iv. season-round or seasonal use assessment, v. habitat studies, or

vi. customary use studies; l) involvement of Secwépemc in the drafting of a permit; m) conditions on work to avoid identified culturally significant areas; and n) other options that the Parties and each of them may consider.

2. The development of Accommodation recommendations depends on the specific facts of each

Proposed Activity, the strength and nature of the Aboriginal Rights and potential adverse affects on Aboriginal Rights. The list of non-prescriptive examples set out in paragraph 1 above are not meant to be exhaustive or directive and particular options may be considered only where appropriate in the circumstances.

3. A Proponent is under no obligation to provide benefits to the Secwépemc First Nations and

the Province is under no obligation to ask a Proponent to provide benefits to Secwépemc.

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APPENDIX C. IMPLEMENTATION TIMELINE

SECTION TASK RESPONSIBILITY DUE DATE 5.4 Appoint one or more representatives from each Party to each of the G2G

Forum Councils Responsible Officials

10 Days

9.1 Appoint a Responsible Official Chiefs and MARR Regional Director

10 Days

9.2 Confirm G2G representatives appointed Responsible Official 10 Days 12.1 Confirm Engagement Model Pilot participants Engagement Model

Pilot Lead 15 Days

12.1

Implement an Engagement Model Pilot to review the following components of the Engagement Model:

• the TOR Impact Assessment Guide and Checklist • the standard list of required information to accompany Engagement

Requests, including a standardized map template • Proposed Activities of priority interest to the Secwépemc with intent

to explore: o Default Engagement Levels in the TOR Cross Agency Impact

Matrix for those Proposed Activities o potential Accommodation for those Proposed Activities

• information exchange on Parties’ preliminary assessment processes • structure of the Single Window Administrative Portal and the

Engagement Timelines to ensure efficient engagement between the Province and Secwépemc

• CP/RP Information Sharing Process • Thompson Okanagan Sensitive Sites Database

Engagement Model Pilot Lead

15 Days

5.3 Develop Terms of Reference for the Senior Council SC 30 Days 5.3 Develop Terms of Reference for the Revenue and Benefit Sharing Council RBSC 30 Days 5.3 Develop Terms of Reference for the Single Window Administrative Portal NRTC and SWAP 30 Days 5.3 Develop a terms of reference for the Natural Resource Technical Council NRTC 30 Days 9.2 Confirm G2G TORs completed Responsible Official 30 Days

7.6 Invite SSN to apply for a non-replaceable forest licence District Manager, FLNRO

30 Days

6.4 Review Default Engagement Levels for decision types identified through the

Engagement Model Pilot by Secwépemc as priority concerns: NRTC to review and make recommendations for amendment to SC (as per section 13.5)

90 Days

7.5 Amend existing FCRSAs to increase the revenue sharing percentages and stumpage rebate on eligible tenures

Operational Staff (MARR)

60 Days

10.2 Provide 2012/13 implementation funding to Secwépemc Regional Director, MARR

60 Days

19.3 Develop a transition strategy to replace Joint Resource Council from existing

Mines & Minerals Agreement with G2G Forum NRTC Chairs 90 Days

9.2 Report on progress of implementation Responsible Official 90 Days and quarterly

8.3 Update the Implementation Guide Responsible Official Semi-Annually 6.2 Review and if appropriate, amend Engagement Model in accordance with

recommendations submitted by NRTC to SC Senior Council 1 Year

12.2 Conduct a Performance review using Performance Measures in Implementation Guide

NRTC co-chairs 10 – 12 months

12.3 Evaluate the results of the Engagement Model Pilot and Performance Measures Tracking and submit amendment recommendations to the Responsible Officials

NRTC 1 Year

12.4 Conduct annual review of Cross Agency Impact Matrix NRTC 3rd Quarter of 2nd and 3rd year

9.2 Report to SC on Performance Measures Tracking Responsible Official Annually 11.1 Prepare and submit Annual Report as described in Appendix D to the

Provincial Responsible Official Secwépemc Responsible Official

Annually

11.2 Ensure Annual report is posted on a public internet site to inform Secwépemc community members and the public

Secwépemc Responsible Official

Annually

10.2 Provide 2013/14 implementation funding to Secwépemc Regional Director, MARR

1 Year plus 30 days

10.2 Provide 2014/15 implementation funding to Secwépemc Regional Director, MARR

1 Year plus 30 days

13.2 Review and discuss amendment recommendations SC co-chairs 15 months 10.6 Determine the interest of Parties in extending the term of the agreement and

negotiate funding to support the additional term Senior Council 30 months

12.5 Undertake a review of the Agreement Responsible Officials

30 months

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APPENDIX D. ANNUAL REPORT Agreement Provision Performance Measurements Participation and Collaboration at G2G Forum

• # meetings/conference calls of Senior Council • # meetings/conference calls of Revenue Benefit Sharing

Council • # meetings/conference calls of Natural Resource Technical

Council Agreement Implementation • # meetings attended

• # amendments managed • # disputes managed • # implementation reports completed • # performance reports completed

Engagement Model Implementation

• # Engagement Requests • # Secwépemc First Nation responses

APPENDIX E. BAND COUNCIL RESOLUTIONS

APPENDIX F. EXISTING AGREEMENTS

The following agreements between the Parties are in effect:

1. Mines and Minerals Accord dated March 2008 and Mines and Minerals Agreement dated April 7, 2009 between SSN and the Ministry of Energy of Mines and Petroleum Resources ;

2. New Afton Economic and Community Development Agreement between the SSN and the Ministry of Aboriginal Relations and Reconciliation (MARR) and Ministry of Forests and Range dated August 24, 2010;

3. Forest Consultation and Revenue Sharing Agreement between Tk’emlups and MARR dated April 23, 2012;

4. Forest Consultation and Revenue Sharing Agreement between Skeetchestn and MARR dated April 23, 2012;

5. Forest Consultation and Revenue Sharing Agreement between Adams Lake and MARR dated April 23, 2012;

6. Forest Consultation and Revenue Sharing Agreement between Splats’in and MARR dated March 14, 2012;

7. Forest Consultation and Revenue Sharing Agreement between Simpcw and MARR dated February 18, 2013; and

8. Forest Consultation and Revenue Sharing Agreement between Neskonlith and MARR dated February 19, 2013.

APPENDIX G. 1910 SIR WILFRED LAURIER MEMORIAL

SCHEDULE A. PARTICIPATING MINISTRIES AND AGENCIES The following Provincial Agencies have statutory authority with respect to land and resource matters on behalf of the Province and are subject to the terms and conditions of this Agreement: Ministry of Aboriginal Relations and Reconciliation Ministry of Energy and Mines, except for the Oil and Gas Commission Ministry of Environment, except for the Environmental Assessment Office Ministry of Forests, Lands and Natural Resource Operations, including BC Timber Sales

Local Thompson-Okanagan technical representatives will support technical discussions for all regions and may be invited to participate in engagement as needed. Staff in other regions will be identified to support local representatives in technical discussions if needed.