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Land
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First Nations select additional land within their claimed territory; B.C. and Canada must agree with the amount of land selected and the location of this land.
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Existing reserves and additional lands become Treaty Settlement Lands, owned in "fee simple" (outright ownership) by First Nations.
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Resources
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On Treaty Settlement Lands
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Surface and sub-surface resources are owned by First Nations, subject to restrictions.
Off Treaty Settlement Lands
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Access to forest, plants, and wildlife is defined over claimed territory.
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Access to fish for food, social, and ceremonial purposes is defined and protected as a treaty right; participation in commercial fisheries is defined in a separate agreement.
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Governance
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The
Indian Act
no longer applies, except for the definition of "Status Indian."
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Generally, self-government provisions apply only on Treaty Settlement Lands.
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All federal and provincial laws apply, but in a few areas internal to the First Nation community or with respect to the operation of its government, First Nation laws prevail in the event of a conflict.
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The
Charter of Rights and Freedoms
continues to apply.
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Finances
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Funding:
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Programs and services to be funded are agreed upon.
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First Nations contribute to programs and services using their own revenue sources.
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Federal transfers are to be reduced as First Nations become increasingly self-reliant.
Taxation:
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Exemption from taxation for members of First Nations is abolished after a transition period.
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Taxing powers for First Nation governments are to be defined, but exercised concurrently with federal and provincial tax authorities.
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Separate tax agreements can be signed to share tax fields.
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Financial benefits
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There will be a cash transfer, less loan reimbursement, plus resource revenue sharing and other benefits. The value of land selected is also taken into account. Cash and revenue sharing are provided over a number of years.
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Certainty
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A treaty constitutes full and final settlement of all Aboriginal title and rights related to land and resources.
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