Bill C-107
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42-43-44 ELIZABETH II |
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CHAPTER 45 |
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An Act respecting the establishment of the
British Columbia Treaty Commission
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[Assented to 15th December, 1995]
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the British
Columbia Treaty Commission Act.
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INTERPRETATION |
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| Definitions
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2. In this Act,
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| ``Agreement'' « Accord »
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``Agreement'' means the British Columbia
Treaty Commission Agreement executed
among the Summit, Her Majesty in right of
Canada and Her Majesty in right of British
Columbia on September 21, 1992 and
includes any amendments to it that may be
made from time to time;
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| ``Commission
'' « Commission »
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``Commission'' means the British Columbia
Treaty Commission established as set out in
section 4;
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| ``first nation'' « première nation »
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``first nation'' means an aboriginal governing
body, however organized and established
by aboriginal people within their traditional
territory in British Columbia, that has been
mandated by its constituents to enter into
treaty negotiations on their behalf with Her
Majesty in right of Canada and Her Majesty
in right of British Columbia;
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| ``Lieutenant
Governor in
Council'' « lieutenant gouverneur en conseil »
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``Lieutenant Governor in Council'' means the
Lieutenant Governor in Council of British
Columbia;
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| ``Minister'' « ministre »
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``Minister'' means such member of the
Queen's Privy Council for Canada as may
be designated by the Governor in Council as
the Minister for the purposes of this Act;
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| ``principals'' « signatairest »
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``principals'' means Her Majesty in right of
Canada, Her Majesty in right of British
Columbia and the Summit;
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| ``Summit'' « Sommet »
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``Summit'' means the body that is established
to represent the first nations in British
Columbia that agree to participate in the
process provided for in the Agreement to
facilitate the negotiation of treaties among
first nations, Her Majesty in right of Canada
and Her Majesty in right of British
Columbia.
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PURPOSE OF ACT |
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| Purpose of
Act
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3. The purpose of this Act is to establish the
British Columbia Treaty Commission as
undertaken in the Agreement.
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ESTABLISHMENT OF COMMISSION |
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| Commission
jointly
established
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4. (1) There is established, by the joint
operation of this Act, an Act of the Legislature
of British Columbia and a resolution of the
Summit, the British Columbia Treaty
Commission consisting of the Chief
Commissioner and not more than four other
commissioners.
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| Commission
is provincial
entity
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(2) Subject to section 14, the Commission
shall for all purposes be treated as having been
established by or under an Act of the
Legislature of British Columbia.
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| Not agent
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(3) The Commission is not an agent of any
of the principals.
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PURPOSE AND POWERS OF COMMISSION |
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| Purpose of
Commission
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5. (1) The purpose of the Commission is to
facilitate, in British Columbia, the negotiation
of treaties among one or more first nations,
Her Majesty in right of Canada and Her
Majesty in right of British Columbia.
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| Powers of the
Commission
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(2) The Commission has the capacity and
powers of a natural person, including the
power to sue and be sued, to enter into
contracts and to acquire, hold and dispose of
property for its purpose.
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| Duties
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(3) In furthering its purpose, the
Commission shall
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COMMISSIONERS |
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| Meaning of
``prior
commissioner
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6. (1) In this section, ``prior commissioner''
means any person who, at any time before the
coming into force of this Act, was a
commissioner pursuant to an appointment
made by resolution of the Summit, an order of
the Governor in Council or an order of the
Lieutenant Governor in Council or jointly by
the Governor in Council, the Lieutenant
Governor in Council and the Summit.
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| Prior
commissioner
s continue
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(2) The prior commissioners in office on the
coming into force of this Act are confirmed
and continue as commissioners on and after
the date of the establishment of the
Commission as though they had been
appointed pursuant to subsection 7(1).
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| Rights and
obligations
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(3) The Commission has all the rights,
property and interests in existence on the
coming into force of this Act that were
acquired by, and is, instead of any prior
commissioner, responsible for all the debts,
liabilities and obligations in existence on the
coming into force of this Act that were
incurred by, a prior commissioner in the
performance of that person's duties as a
commissioner.
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| Appointment
of
commissioner
s
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7. (1) One commissioner is to be appointed
by order of the Governor in Council, one
commissioner is to be appointed by order of
the Lieutenant Governor in Council, two
commissioners are to be appointed by
resolution of the Summit and the Chief
Commissioner is to be appointed jointly by the
Governor in Council, the Lieutenant
Governor in Council and the Summit.
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| Term of office
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(2) The Chief Commissioner may be
appointed for a term not exceeding three years
and each of the other commissioners may be
appointed for a term not exceeding two years.
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| Removal of
Chief
Commissioner
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(3) The Chief Commissioner holds office
during pleasure and may be removed by the
Governor in Council, the Lieutenant
Governor in Council and the Summit jointly.
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| Removal of
other
commissioner
s
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(4) A commissioner other than the Chief
Commissioner holds office during pleasure
and may be removed by the person or body
that appointed the commissioner.
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| Re-appointme
nt
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(5) A commissioner or former
commissioner may be re-appointed.
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| Chief
executive
officer
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8. (1) The Chief Commissioner is the chief
executive officer of the Commission and has
supervision over and direction of the day to
day operations of the Commission.
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| Absence or
incapacity
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(2) In the event of the absence or incapacity
of the Chief Commissioner or if that office is
vacant, the other commissioners may
designate, by unanimous agreement, one of
them to act as Chief Commissioner during the
absence, incapacity or vacancy, and the
commissioner so designated has and may
exercise all of the powers and perform all of
the duties and functions of the Chief
Commissioner.
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| Terms and
conditions of
appointment
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9. After the principals have reached
agreement, the remuneration and other terms
and conditions of the appointment of the
commissioners are to be fixed by order of the
Governor in Council, order of the Lieutenant
Governor in Council and resolution of the
Summit.
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GENERAL PROVISIONS |
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| Office
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10. The office of the Commission shall be
in British Columbia.
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| Quorum
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11. (1) The Chief Commissioner, one
commissioner appointed by the Governor in
Council, one commissioner appointed by the
Lieutenant Governor in Council and one
commissioner appointed by the Summit
constitute a quorum of the Commission.
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| Where acting
Chief
Commissioner
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(2) For the purpose of determining a
quorum, an acting Chief Commissioner shall
be counted both as Chief Commissioner and as
a commissioner appointed by the person or
body that appointed the commissioner.
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| Chief
Commissioner
to preside at
meetings
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12. (1) The Chief Commissioner shall
preside at meetings of the Commission.
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| Decisions of
the
Commission
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(2) Decisions of the Commission shall be
made by agreement of at least one
commissioner appointed by each of the
Governor in Council, the Lieutenant
Governor in Council and the Summit.
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| Decisions of
the Summit
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13. Her Majesty in right of Canada is
entitled to rely on resolutions of the Summit
that are certified in the manner specified by
the Summit as proof of the decisions of the
Summit that are set out in the resolutions as
certified.
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| Access to
information
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14. The Commission is deemed to be a
government institution as that term is defined
in section 3 of the Access to Information Act
and section 3 of the Privacy Act for the
purposes of those Acts.
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| Protection of
Commission
and
employees
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15. Her Majesty in right of Canada shall not
make any civil claim against the Commission,
any commissioner or any employee of or
person retained by the Commission for
anything done, omitted, reported or said in the
course of the exercise or performance or
purported exercise or performance of any
power, duty or function under this Act, unless
the claim arises from the wilful misconduct or
gross negligence of the commissioner,
employee or person retained.
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| Commissioner
s to be
indemnified
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16. Her Majesty in right of Canada shall
indemnify, in proportion to Her funding
obligations as set out in the Agreement, the
commissioners against all claims, damages
and penalties that are made against or incurred
by the commissioners in the exercise of their
powers or performance of their duties and
functions under this Act, except where the
claims, damages or penalties arise from the
commissioners' wilful misconduct or gross
negligence.
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PERSONNEL |
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| Personnel of
Commission
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17. (1) The Commission may employ or
retain persons who are necessary to perform
the duties and functions of the Commission.
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| Presumption
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(2) No person employed or retained
pursuant to subsection (1) shall, by virtue of
being so employed or retained, be considered
to be employed in the public service of
Canada.
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BY-LAWS |
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| By-laws
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18. The Commission may make by-laws
consistent with this Act and the Agreement
respecting the carrying out of the work of the
Commission, the management of its internal
affairs and the duties of its officers and
employees and of the persons retained by it.
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FINANCIAL PROVISIONS |
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| Annual
budget
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19. The Commission shall submit its budget
for each financial year to the principals for
review and approval before the deadline set by
the principals.
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AUDIT |
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| Audit
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20. The accounts and financial transactions
of the Commission shall be audited annually
by a qualified independent auditor designated
by the Commission, and a report of the audit
shall be made to the Commission.
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ANNUAL REPORT |
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| Annual report
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21. (1) The Commission shall, as soon as
possible but in any case within six months
after the end of each financial year, submit to
the principals a report of all activities under
this Act for that financial year, including the
financial statements and the auditor's report.
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| Contents
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(2) The report submitted pursuant to
subsection (1) must contain information with
respect to the progress of negotiations
facilitated by the Commission, the other
operations of the Commission and any other
matter that the Commission deems
appropriate.
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| Tabling in
Parliament
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(3) The Minister shall cause a copy of the
report to be laid before each House of
Parliament within the first thirty days that that
House is sitting after the report is made.
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AGREEMENT |
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| Principals
may amend
Agreement
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22. (1) Nothing in this Act shall be
interpreted as preventing the principals from
amending the Agreement from time to time.
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| Copies of
Agreement
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(2) The Commission shall keep a copy of
the Agreement at its office and make it
available for inspection by any person at any
time during usual business hours.
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