Page Menu: The Treaty Process The Treaty Commission Operating Budget Status Report Agreement in Principle Negotiations Loan Funding Economic Studies

The Treaty Process
In June 1991, the British Columbia Claims Task Force released its report, setting out a made-in-BC treaty process to "establish a new relationship based on mutual trust, respect, and understanding-through political negotiations". The treaty process was conceived as a constructive alternative to aboriginal rights litigation and confrontation.

The Treaty Commission
Using the Task Force's 19 recommendations as the foundation for a modern treaty process, in September 1992 an agreement was struck among Canada, BC and the First Nations Summit to establish the BC Treaty Commission as the independent keeper of the BC treaty process. In 1993 the Treaty Commission officially opened for business, accepting 29 statements of intent to negotiate treaties from First Nations. Most treaty tables were not declared ready to begin negotiations until June 1995.

The Treaty Commission's primary role is to oversee the negotiation process to make sure that the parties are being effective and making progress in negotiations. In carrying out the recommendations of the BC Claims Task Force, the Treaty Commission has three roles-facilitation, funding and public information and education.

Operating Budget
The Treaty Commission's operating budget for 2005-06 was $2.19 million and its total operating costs from 1993 to March 31, 2006 are $26.41 million. To put this in perspective, BC's annual portion is equal to about 25 cents of every $100 in the provincial budget. In addition to the four part-time commissioners and the full-time chief commissioner, the Treaty Commission employs 13 staff.

Status Report
There are now 57 First Nations participating in the BC treaty process. Because some First Nations negotiate at a common table, there are 47 sets of negotiations. There are 39 First Nations in Stage 4 agreement-in-principle negotiations and eight First Nations in Stage 5 negotiations to finalize a treaty. Maa-nulth First Nations, Lheidli T'enneh Band, Sliammon Indian Band, Tsawwassen First Nation, Yekooche Nation, Yale First Nation, and In-SHUCK-ch Nation have signed agreements in principle (AiPs)—the blueprint for a final treaty.

First Nations in the treaty process represent about two-thirds of all aboriginal people in BC. The treaty process is voluntary and open to all First Nations in BC.

Agreement in Principle Negotiations
Substantive treaty negotiations begin at the agreement-in-principle stage. Often described as the blueprint for a final treaty, the agreement in principle identifies and defines a range of rights and obligations including: existing and future interests in land sea and resources; structures and authorities of government; relationship of laws; fiscal relations and so on. Following initialling, First Nations take the agreement back to their communities for consultation after which, if ratified, the provincial and federal governments present the agreement to their respective cabinets for approval.

Loan Funding
Since opening its doors in May 1993 the Treaty Commission has allocated approximately $362 million in negotiation support funding to more than 50 First Nations- $289 million in the form of loans and $73 million in the form of contributions. The Treaty Commission allocates negotiation support funding to First Nations so that they can prepare for and carry out negotiations on a more even footing with the governments of Canada and BC. For every $100 of negotiation support funding, $80 is a loan from Canada, $12 is a contribution from Canada and $8 is a contribution from BC.

Economic Studies
Several studies have concluded that the benefits that treaties will bring to our province far outweigh the costs of treaty making.

In 1990, Price Waterhouse calculated the cost to British Columbia of not settling treaties to be $1 billion in lost investment and 1,500 jobs a year in the mining and forestry sectors alone. Independent consultant Grant Thornton estimated that completing treaties will bring a net financial benefit of between $3.8 billion and $4.7 billion and between 7000 and 17,000 jobs in British Columbia over the next 40 years.

The federal government is responsible for 72 per cent of the total cost of treaties and the provincial government is responsible for 28 per cent. The BC government's share of the overall cost is estimated at $2 billion, or $50 million annually over 40 years, plus rural Crown land with a notional value of $2.8 billion to $3.5 billion. BC's annual portion is equal to about 25 cents of every $100 in the current provincial budget.