Summary of contract

• Negotiation, representation, and other relevant context

  The parties to this agreement are the Soda Creek Indian Band and the Williams Lake Indian Band (the First Nations), and the Province of British Columbia (British Columbia). The purpose of this agreement is to address the tailings storage facility breach that occurred at the Mount Polley Mine (the mine incident). The parties agree to work in partnership, on a government-to-government basis, through shared decision making wherever possible (Preamble). The First Nations and British Columbia will commence a dialogue about existing laws, regulations and policies in relation to the mining industry in British Columbia (Art. 4).

• Governance, implementation, dispute resolution

  The First Nations and British Columbia agree that the process for joint oversight must be conducted expeditiously and in accordance with the First Nations’ traditional protocols, having regard to both traditional and scientific knowledge (Preamble). The First Nations and British Columbia will establish: (i) a principals table consisting of the chiefs of the First Nations and the Ministers of Environment, Aboriginal Relations and Reconciliation and Energy and Mines in order to oversee a response from the First Nations and British Columbia to the mine incident and; (ii) a senior official’s committee (committee) consisting of delegates of the First Nations and British Columbia to: (i) assess impacts, monitor, clean-up, and plan for remediation in relation to the Mount Polley Mine, among other things (Art. 2).

• Fiscal obligations: content

  The senior official’s committee made up of representatives of the First Nations and relevant ministry representatives shall be responsible for overseeing activities to address the communities’ immediate and long-term funding requirements to respond to all aspects of the mine incident (Art 2). British Columbia will provide US$200,000 to the Soda Creek Indian Band and US$200,000 to the Williams Lake Indian Band, as soon as possible, to cover all costs in relation to the response to the mine incident (Art. 3). The First Nations and British Columbia agree that the entities responsible to pay for the costs and damages incurred in relation to the mine incident by the law, are required to do so (Art. 5).

• Community development obligations: Other

  The senior official’s committee made up of representatives of the First Nations and relevant ministry representatives shall be responsible for overseeing the identification of economic opportunities for the First Nations to participate in responding to the mine incident (Art. 2).

• Environmental and social protection

  The First Nations and British Columbia agree that the health and safety of the public and workers, including members of the First Nations, are paramount (Preamble).