SUBSTANTIVE ISSUES FOR NEGOTIATION. 5.1 The Parties are committed to negotiating the following substantive issues with the intention of concluding an Agreement-in-Principle. This list of issues is not intended to be exhaustive or restrictive and each of the Parties may raise a broad range of topics for negotiation under each issue.
SUBSTANTIVE ISSUES FOR NEGOTIATION. 5.1 The following is a list of substantive issues that the Parties intend to address during the negotiation of an Agreement-in-Principle. Issues may be added or amended by agreement in writing of the Chief Negotiators.
SUBSTANTIVE ISSUES FOR NEGOTIATION. 5.1 The following is a list of the substantive issues that the Parties intend to address during Agreement-In- Principle negotiations. The list is not intended to be exhaustive and may be amended in accordance with Section 5.3.
5.1.1 Governance Structure of Tsimshian Government Law-making Authority/Jurisdiction Health and Social Services Education and Training Policing Community Infrastructure Intergovernmental Relationships
5.1.2 Natural Resources: Management and Harvesting Fish Wildlife Forests Waters Mining, Mineral and Sub-surface
5.1.3 Lands Quantum and Selection Tenure Access Parks and Protected Areas Cultural and Heritage Resources
5.1.4 Environmental Assessment and Protection
5.1.5 Offshore Areas and Ocean Management
5.1.6 Fiscal and Economic Arrangements Cash Cash Equivalent Benefits
5.1.7 Eligibility and Enrolment 5.1.8 Ratification 5.1.9 Dispute Resolution 5.1.10 Amendment
SUBSTANTIVE ISSUES FOR NEGOTIATION. 5.1 The following is a list of substantive issues that the Parties intend to address during the negotiation of an Agreement-in-Principle:
5.1.1 land;
5.1.2 water rights and management;
5.1.3 resources and resource management including, but not limited to:
(i) fisheries, and aquatic resources,
(ii) forestry, including flora,
(iii) wildlife,
(iv) non-renewable resources, including sub-surface ownership;
5.1.4 parks and protected areas;
5.1.5 financial component;
5.1.6 KKTC governance including, but not limited to:
(i) nature and structure,
(ii) jurisdiction and authority,
(iii) program standards and authority to deliver services,
(iv) culture and language,
(v) administration of justice;
(vi) social development;
5.1.7 economic development;
5.1.8 environmental management, protection and assessment;
5.1.9 artifacts and heritage resources;
5.1.10 eligibility and enrolment;
5.1.11 fiscal arrangements and taxation;
5.1.12 certainty;
5.1.13 ratification;
5.1.14 amendment procedures;
5.1.15 dispute resolution;
5.1.16 implementation;
5.1.17 intergovernmental relationships;
5.1.18 access;
5.1.19 third party and public interests;
5.1.20 the use and occupation of airspace by the KKTC;
5.1.21 Consistent with section 5.1.6, jurisdiction and authority in the area of social programs, services and healing processes including those having to do with social issues arising from the legacy of the Indian Residential Schools; and
5.1.22 other issues by written agreement of the Chief Negotiators.
5.2 The list of substantive issues in section 5.1 is not intended to be exhaustive, and may be amended by written agreement of the Chief Negotiators to address other issues, including those unique to the KKTC.
5.3 The inclusion of any issue on the list of substantive issues in section 5.1 does not commit any of the Parties to concluding an agreement on that issue and is not intended to predetermine any outcome of these negotiations.
5.4 Although not a substantive issue for negotiation, the Parties agree that the KKTC will have opportunities throughout Agreement-in-Principle negotiations to express their full range of interests and concerns regarding border crossing.
5.5 The Parties may identify issues requiring regional or province-wide negotiations or discussion and may develop appropriate processes for dealing with these issues.
SUBSTANTIVE ISSUES FOR NEGOTIATION. 5.1 The Parties are committed to negotiate the following substantive issues with the intention of concluding an Agreement-in-Principle. This list is not exhaustive.
a. Land
i. Selection and retention ii. Quantum iii. Tenure, Title and Expropriation iv. Access
x. Xxxxx and Protected Areas
vi. Cultural and Heritage Sites and Resources
vii. Environmental Assessment, Management and Protection b. Natural Resources i. Forests
ii. Fish and Fisheries
iii. Wildlife
iv. Subsurface
v. Water
SUBSTANTIVE ISSUES FOR NEGOTIATION. 5.1. The Parties are committed to negotiate the following substantive issues and implementation issues with the intention of concluding an Agreement in-Principle. This list is not exhaustive.
SUBSTANTIVE ISSUES FOR NEGOTIATION. 5.1 The following is a list of substantive issues that the Parties intend to address during the negotiation of an Agreement-in-Principle. It is not intended to be exhaustive and other subject matters may be addressed at the table by agreement of the Chief Negotiators:
5.1.1 Eligibility and enrolment;
5.1.2 Land;
5.1.3 Access;
5.1.4 Water rights and management;
5.1.5 Resources including, but not limited to:- fisheries and marine resources;- forestry, including flora;- wildlife;- non-renewable resources, including sub-surface ownership; and- parks and protected areas;
5.1.6 Environmental management, protection and assessment;
5.1.7 Nature, structure, jurisdictions and authority of Nanaimo First Nation government;
5.1.8 Intergovernmental relationships;
5.1.9 Fiscal arrangements and taxation;
5.1.10 Programs standards and authorities to deliver services;
5.1.11 Economic development;
5.1.12 Financial component;
5.1.13 Culture, artifacts, and heritage;
5.1.14 Certainty, including achieving certainty as it relates to the Xxxxxxx Treaty and the negotiation of a treaty under the BCTC process;
5.1.15 Ratification;
5.1.16 Implementation;
5.1.17 Dispute resolution;
SUBSTANTIVE ISSUES FOR NEGOTIATION. 5.1. The following is a list of the substantive issues that the Parties intend to address during Agreement- in-Principle negotiations. The list below is not intended to be exhaustive and each of the Parties may raise a broad range of components for negotiation under each substantive issue. Other substantive issues may be addressed at the table by agreement of the Chief Negotiators:
a. Land and Water ● land selection and tenure ● parks and protected areas ● foreshore ● access
b. Interim Protection Measures (respecting interests that are being affected which could undermine the process, and to protect agreed upon provisions)
SUBSTANTIVE ISSUES FOR NEGOTIATION. 5.1 The Parties acknowledge, in accordance with Recommendation No. 2 of the Task Force Report that each of the Parties is at liberty to introduce any issue at the negotiation table.
5.2 The following is a list of the substantive issues that the Parties intend to address during Agreement-in-Principle negotiations. It is not intended to be exhaustive and substantive issues may be amended or added or deleted by written agreement of the Chief Negotiators.
5.3 The inclusion of a substantive issue in this section does not commit any of the Parties to conclude an agreement on that issue.
5.4 Substantive issues requiring negotiations or discussions on a regional or provincial basis will be identified and where the Chief Negotiators agree may be negotiated accordingly.
5.5 The issue of constitutional protection of matters negotiated will be addressed prior to the conclusion of the Agreement-in-Principle.
SUBSTANTIVE ISSUES FOR NEGOTIATION. 5.1 A list of the subjects which the Parties intend to address in the negotiations is set out below: ● Jurisdiction ● Governance ● Lands including parks, protected areas, and land use planning ● Land selection and Tenure ● Natural Resources including water, forests, fish, sub-surface, and wildlife ● Environmental issues ● Resource revenues ● Eligibility and enrolment ● Approval and Ratification ● Economic development ● Culture and Heritage ● Access ● Taxation ● Financial component of the settlement ● Fiscal Arrangements ● Dispute resolution ● Third party and Public interests ● Certainty ● Implementation ● Amendment procedures ● Intergovernmental relations
5.2 The negotiation of a substantive issue listed in Section 5.1 does not commit any of the Parties to conclude an agreement on that issue, or any component of that issue.
5.3 The list in Section 5.1 is not intended to be exhaustive, and the Chief Negotiators may, by agreement in writing, amend the list.
5.4 The Chief Negotiators may agree that a substantive issue or elements of a substantive issue may be more appropriately dealt with in a different manner or outside the treaty negotiation process, and will amend the list of substantive issues accordingly.
5.5 The Parties agree that some issues for negotiation, or elements of those issues, may require negotiation on a provincial, regional, or local basis.
5.6 The Parties agree to identify which issues or elements of those issues may require negotiation on a provincial and/or regional basis and to identify a process for those negotiations.
5.7 The issue of constitutional protection, as it applies to the various subject matters of negotiation, will be negotiated prior to conclusion of an Agreement-in-Principle.
