Summary of contract

• Negotiation, representation, and other relevant context

  The parties to this agreement are: (i) the Ktunaxa Nation Council Society (KNC) acting in its own behalf and on behalf of the Ktunaxa Nation, Saint Mary’s Indian Band, Tobacco Plains Indian Band, Lower Kootenay Indian Band and Akisqnuk First Nation, and (ii) Her Majesty the Queen in right of British Columbia, represented by the Minister of Aboriginal Relations and Reconciliation (Recitals). This agreement strengthen the government-to-government relationship between the parties, address the Ktunaxa Nation’s interest in receiving a share of the revenues derived from the use of resources within the Ktunaxa Territory, sets out the parties’ agreement with respect to how revenue may be shared between them, confirm the engagement processes to meet their legal consultation obligations in relation to projects, and provides a framework relating to revenue-sharing (Art. 2). The KNC has received all authorizations to enter into this agreement and holds all approvals to receive payments. The KNC is accountable to Ktunaxa Communities and Ktunaxa Citizens. The Ktunaxa Parties have each obtained or had the opportunity to obtain the advice of its own financial, legal, tax and other professional advisors with respect to this agreement (Art 3). The Elk Valley Coal Mining Revenue Sharing Project Appendix and the Forest Revenue Sharing Project Appendix are attached to and form a part of this agreement (Art. 5). The Elk Valley Coal Mining Revenue Sharing Project Appendix and its Schedule apply to projects for the expansion of existing and new coal mining operations in coal reserves in the Elk Valley and establish the base to calculate the payments that the Government of British Columbia will make to the KNC. The Forest Revenue Sharing Project Appendix, applicable to forest and range activities in the Ktunaxa Territory establishes that the British Columbia Government will make annual payments to KNC, calculated by determining the percentage of the Ktunaxa Territory that falls within the Timber Harvesting Land Base (Schedule 1, Art. 1).

• Governance, implementation, dispute resolution

  This agreement is signed within the framework of the Strategic Engagement Agreement between the Province of British Columbia and the Ktunaxa Nation, dated October 22, 2010 (Preamble, Art. 1) The SEA Senior Forum established under the Strategic Engagement Agreement is the primary forum for the parties to discuss the sharing of resource-revenues and other benefits (Art. 1). The forum will identify revenue-sharing opportunities as well as the objectives and interests of the parties related to any revenue-sharing opportunities (Art. 4). If parties agree on provisions regarding revenue-sharing for a project, those provisions will be set out in a project appendix to this agreement that will include provisions related to the payments for that project, time frames, confidentiality provisions required and obligations (Art. 5). The Government of British Columbia will make the payments to the Ktunaxa Nation Council Society (KNC) and the KNC will maintain the payments in a separate account at a Canadian financial institution. The KNC adheres to the accepted accounting principles, and will continue to be audited annually (Art. 7). The KNC will make publicly available on the Ktunaxa Nation’s website an annual report containing the initiatives to be funded, the expenditures made in the previous fiscal year and how those expenditures contribute to the achievement of the objectives of the Ktunaxa Communities (Art. 9). This agreement cannot be assigned without the written consent of the parties (Art. 10). The KNC and the Government agree that any consultation required in respect of any government actions will be in accordance with the provisions of the Strategic Engagement Agreement (Art. 11). The parties will meet within 2 years of the date a payment first becomes payable under this agreement and thereafter every 3 years, to review this agreement, its implementation and consider potential amendments (Art. 13). The SEA senior forum is responsible for the oversight of the implementation of this agreement and for the management of the dispute resolution processes. The parties to this agreement may not commence a court proceeding unless the claimant party has sent a letter to the other party setting out the subject matter of the dispute. This procedure does not apply when the KNC seek a court’s decision to prevent the loss of a right of action due to the expiration of a limitation period, or to obtain interlocutory or interim relief. The disputes concerning payments or project appendices will be referred to the Resource-Revenue and Benefit Sharing Standing Committee. If the dispute is not resolved by the Resource-Revenue and Benefit Sharing Standing Committee it will be referred to the SEA senior forum. If the dispute is not resolved by the SEA forum, it will be referred to mediation conducted by one mediator appointed by the parties to this agreement. If the dispute cannot be resolved through mediation, it will be referred for resolution by an arbitrator. The mediation and arbitration processes and all related proceedings will be and will remain confidential (Arts. 17-19). This agreement may be terminated in case of material breach according to Article 20.

• Community development obligations: Infrastructure and social services

  The Ktunaxa parties agree to use the payments from projects to pursue initiatives consistent with the the objective of enhancing the well-being of Ktunaxa Communities and Ktunaxa Citizens, including initiatives related to education, cultural revitalization, housing, infrastructure, health, economic development, land stewardship, intergovernmental engagement processes and governance capacity (Art. 6).

• Transparency or confidentiality

  The the Ktunaxa Nation Council Society (KNC) and the British Columbia Government will make all reasonable efforts to keep confidential and to prevent the disclosure of information that the other party marks as confidential. The Ktunaxa Parties may disclose confidential information to their advisors, including legal, financial, tax and other professional advisors, provided that those advisors agree to keep the information confidential. The Ktunaxa Parties will have the right to disclose the amount of payments to the Ktunaxa Communities and Ktunaxa Citizens (Art. 12).