For Immediate Release May 4, 1999

Lower Mainland Treaty Advisory Committee
Presents Amendments to Senate Committee on Bill C-49

Burnaby, B.C. … City of Vancouver Councillor, Nancy A. Chiavario, Chair of the Lower Mainland Treaty Advisory Committee (LMTAC) has concerns about Bill C-49, the First Nations Land Management Act. Should the Bill be implemented, Indian Bands across Canada will be permitted to develop their own land codes to manage reserve lands - codes that will replace the current land management provisions (sections 53-60) of the Indian Act. These land codes set out the rules and structures that will apply to reserve lands, and once adopted, will empower the Band Council to make laws concerning the management, development, use, possession and occupancy of their reserve land.

Councillor Chiavario, along with District of North Vancouver Mayor Don Bell, will be making a presentation to the Senate Committee on Aboriginal Peoples in Ottawa on May 4, 1999 at 5:45pm EST. Accompanying LMTAC members will be City of White Rock Councillor James Coleridge and Chairman of the Fraser Valley Regional District, Mayor John Les.

Members of the Lower Mainland Treaty Advisory Committee raise two specific concerns regarding Bill C-49:

1. The Bill provides no requirement for consultation with neighbouring Local Governments on land use or other issues of mutual interest, nor with non-Indian Band members living on reserve lands.

2. Given that there already is a comprehensive treaty process underway in British
Columbia, the application of Bill C-49 appears to be creating a second, parallel process. Unlike in the treaty process in which Local Governments sit as full members of the Provincial negotiating team and have an opportunity to provide input on treaty proposals, Bill C-49 includes no provisions for direct Local Government and neighbouring community contributions into the development of the land codes.

"As a result of these concerns", says Chiavario, "the Lower Mainland Treaty Advisory Committee, in coordination with the Union of BC Municipalities (UBCM) and the Fraser Valley Treaty Advisory Committee (FVTAC), have developed a list of draft amendments to the Bill which we will present to the Senate in Ottawa." Such amendments include:

1. BC Treaty Commission Process
Recognize the established BC Treaty Process

2. Judicial Review and Dispute Resolution
Establish a forum for the resolution of disputes in relation to interest in First Nation's land and proposed land codes by Local Government and the public

3. Public Consultation
Develop a mechanism for public and Local Government consultation (such as the establishment of a notification and consultation mechanism) when a First Nation land-use plan affects neighbouring non-reserve lands

4. Adoption of a Land Code
Establish the principle of reciprocal consultation between First Nations and Local Governments for proposed land uses and development permissions on adjoining lands

5. Local Government Notification of Additional Signatories to Bill C-49
Develop notification procedures for neighbouring Local Governments when First Nations plan to become signatories to Bill C-49

6. Environmental Laws
Clarify that Provincial and Federal environmental laws will not be ignored

7. Expropriation
Define the clause dealing with expropriation of non-reserve land and apply Federal Expropriation Act guidelines which establish clear notification periods and a process for determining fair compensation

As Ms. Chiavario explains, "Bill C-49, the First Nations Land Management Act, needs clarification to ensure that Aboriginal and Non-Aboriginal interests are treated fairly. Local Governments in the Lower Mainland have serious concerns with this Bill and we have not been adequately consulted. We believe that rushing the enactment of the First Nations Land Management Act without addressing these issues will negatively impact subsequent treaty negotiations and First Nation/Local Government relations," she said.

"LMTAC works to coordinate and represent the interests of local governments
and their constituents in Lower Mainland area treaty negotiations."

Further information, contact: David Didluck, LMTAC Executive Director
Tel: (604) 451-6179
Cell: (604) 868-1886

For further information or feedback, please email us 
 click here