First Nations Clause Samples

First Nations. 4.1 The Council of a First Nation provides to Canada the following: a) Nominal Roll Student Census Report; and b) Annual Education Staff Information Form. 4.2 The Council provides performance indicator data to FNESC for the following: a) percentage of First Nation Students who meet or exceed grade level expectations for reading for grades K5-7, writing for grades 2-7, and numeracy for grades K5-7; b) student attendance rates of school-age students; c) teacher/student ratio; d) student/computer ratio; e) level of connectivity; and f) administration of standard learning assessments. 4.3 The Council makes available to parents of school-age First Nation Students attending the First Nation School an aggregate outcome report on school performance. 4.4 According to requirements of ISC, First Nations schools will be evaluated once every five years, which shall be addressed through any of the following processes: a) an assessment under the School Assessment Process, as administered by the FNSA; b) an evaluation conducted in accordance with the Independent School Act; or c) an alternate form of assessment or evaluation mutually agreed to by the Council and DISC.

First Nations. ‌ 23 A review of the consultative boundary maps by BC Hydro identifies the Brown Lake 24 facility as being within the consultative boundaries of the following First Nations: 20 In addition, BC Hydro notes that the adjusted levelized energy price, which takes into consideration interconnection network upgrade costs, increases to $ (2017$). 1  Lax Kw’alaams Band: 2  Gitgaat First Nation; 3  Gitxaala Nation; 4  Kitselas First Nation; 5  Kitsumkalum First Nation; and 6  Metlakatla First Nation. 7 BC Hydro is of the view that the Brown Lake EPA renewal will not result in any new 8 or incremental impacts on Aboriginal rights and title, and therefore it does not trigger 9 the duty to consult. The Brown Lake IPP has advised:

First Nations. (a) Notwithstanding the definition of Force Majeure in section 1.1(mmm), and without limiting the application of the definition of Force Majeure to any circumstance that is not specifically described in this section 14.9(a), any order or decision of any court of competent jurisdiction or any regulatory authority, including the BCUC, that is binding on the Buyer and/or the Seller, the compliance with which would prevent the Buyer and/or the Seller from performing all or any of its obligations under this EPA, which is based in whole or in part on any failure or alleged failure of the Buyer to adequately consult with, and/or accommodate, any First Nations, in relation to this EPA, the Seller’s Plant or the Interconnection of the Seller’s Plant to the BC Hydro System (which, for greater certainty, does not include any failure to consult with, and/or accommodate any First Nations, with respect to activities occurring on the Buyer’s side of the POI or on the BC Hydro System), will be an event of Force Majeure that may be invoked by the Party or Parties so prevented, provided that the Party or Parties so prevented will use commercially reasonable efforts to remedy the situation and remove, so far as possible and with reasonable dispatch, the Force Majeure to the extent that it is within the control of that Party to do so, provided that in the case of the Buyer, this obligation is subject to the Seller complying with, or having complied with, its obligations under section 15.2. (b) A Party may not invoke Force Majeure as a result of such binding order or decision referenced at section 14.9(a) if such order or decision results from a wilful act or omission of a Party as contemplated in section 1.1(mmm)(v), provided that the failure or alleged failure of the Buyer to have adequately consulted with, and/or accommodated, any First Nations may only be considered a wilful act or omission where the underlying event or circumstance giving rise to the duty to consult or accommodate was or is fully within the control of the Buyer and provided further that, for greater certainty, any activities of the Seller will not be considered to be within the control of the Buyer regardless of any consent, waiver, declaration or approval under this EPA, including any further amendment of this EPA that the Buyer may provide in respect of the Seller’s activity. (c) The Seller may not invoke Force Majeure as a result of such binding order or decision referenced at section 14.9(a) if such o...

First Nations. The Community Forest area overlaps the traditional territories of eight First Nations:  Wet’suwet’en First Nation  Office of the Wet’suwet’en Hereditary Chiefs  ▇▇▇▇▇ Lake Band  Lake ▇▇▇▇▇▇ Nation  Stellat’en First Nation  Skin Tyee Band  Yekooche First Nation  Nee Tahi Buhn Band For additional information on these First Nations see Appendix 3. The ▇▇▇▇▇ Lake Band, the Wet’suwet’en First Nation and the Office of the Wet’suwet’en Hereditary Chiefs are actively involved in the BLCF. The Office of the Wet’suwet’en Hereditary Chiefs was one of the original signatories on the Community Forest Pilot Agreement and both the Wet’suwet’en First Nation and ▇▇▇▇▇ Lake Band contributed tenure to the Community Forest. Each of these three First Nations organizations hold a designated seat on the BLCF Board of Directors. See Section 3.0 for further information on First Nations and the Community Forest. Reports To

First Nations. Wet’suwet’en First Nations & Office of Wet’suwet’en Hereditary Chiefs ▇▇▇▇▇ Lake Band Stellat’en First Nation

First Nations. ‌ 13 The shíshálh Nation is the only First Nation whose consultative boundaries include 14 the Sechelt Creek project. During the EPA renewal negotiations, BC Hydro was 15 advised that the Sechelt Creek IPP and the shíshálh Nation entered into an 16 agreement that results in collaborative decision-making and governance, and will 17 result in shíshálh Nation equity ownership and profit sharing for the project. 18 BC Hydro is of the view that the Sechelt Creek EPA renewal will not result in any 19 new or incremental impacts on Aboriginal rights and title, and therefore it does not 20 trigger the duty to consult. The Sechelt Creek IPP has advised: 21  They do not anticipate any changes to the physical footprint of the Sechelt 22 Creek facility and there will be no change to the energy output of the facility or 23 operations as a result of the EPA renewal; 14 BC Hydro notes that the adjusted levelized energy price, including interconnection network upgrade costs, increases by to $ (2017$). 1  There are no environmental impacts that resulted from the original construction 2 of Sechelt Creek facility that have the potential to worsen with continued 3 operation; and

First Nations. ‌ 8 Both the Cayoose Creek Indian Band and the T’it’q’et Administration, whose 9 consultative boundaries include the Walden North project, were informed that EPA 10 renewal discussions were taking place. The Cayoose Creek Indian Band and the 11 T’it’q’et Administration are two of the eleven communities constituting the St’át’imc 12 Nation. 13 BC Hydro is of the view that the Walden North EPA renewal will not result in any 14 new or incremental impacts on the St’át’imc Nation’s Aboriginal rights and title, and

First Nations. A review of the consultative boundary maps by BC Hydro identifies the Project as being Areas Database, of the following First Nations: Old Masset Village Council; and Skidegate Band Council. Old Masset Village Council and Skidegate Band Council are part of the Council of the Haida Nation. BC Hydro is of the view that, since the Extension Agreement will not result in any changes to the physical footprint, energy output or operation of the Project and that no new or amended Crown authorizations are required, the Extension Agreement will not 4 For those objectives where the extension neither advances nor conflicts with that objective, BC Hydro is of the view it is in alignment with such objective and thus has not included it in the objectives identified in this Filing. October 28, 2022 ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Acting Co mmission Secretary and Manager Regulatory Services British Co lumbia Utilities Co mmission Electricity Purchase Agreement (EPA) Extension Moresby Lake Page 6 of 7 result in potential incremental impacts to Aboriginal rights and title and, therefore, the duty to consult is not triggered.

First Nations. Tla’amin Nation is a self-governing Nation whose territory ‘overlaps’ with a small portion of the swiya. Squamish Nation, Klahoose First Nation and Homalco First Nation have neighbouring territories to the swiya.