Stage 1 - Statement of Intent
The
Process begins when a First Nation submits a Statement of Intent with
the BC Treaty Commission. To be accepted, the Statement of Intent must
identify for treaty purposes the First Nation's governing body, the
people it represents and show that it has a mandate from those people
to enter the process. The statement must also identify the First Nation's
traditional territory in BC and identify any overlaps with other First
Nations.
Stage 2 - Preparation for Negotiations
Within
45 days of the Statement of Intent, the First Nation, Canada and BC
conduct their initial meeting to exchange information, consider the
criteria that will determine the parties' readiness to negotiate, and
identify issues of concern. When the BC Treaty Commission has determined
that all three parties meet the readiness criteria, it will confirm
that the treaty table is ready to move to Stage 3.
Stage 3 - Negotiation of a Framework Agreement
The
parties negotiate the framework agreement which identifies the content
for negotiations and establishes procedures and a time table for negotiations.
It is essentially a "table of contents" for the negotiation of a comprehensive
treaty. At this stage the parties are also expected to embark on a program
of public information and education which is pertinent to their table.
This public information program is to continue throughout the negotiations
process.
Stage 4 - Negotiation of an Agreement in Principle (AIP)
This
stage marks the beginning of substantive negotiations. During Stage
4 the parties examine in detail the elements of the framework agreement.
The Agreement in Principle will identify and define a range of rights
and obligations, including existing and future interests in land, sea
and resources, structures and authorities of government, regulatory
processes, amending processes, dispute resolution, and fiscal arrangements.
The AIP will also outline the ratification process and implementation
plan for the treaty.
Stage 5 - Negotiation to Finalize a Treaty
The
Treaty will formalize the new relationship among the parties and embody
the agreements reached in the AIP. Any technical and legal issues still
present will be examined and resolved by the parties. The treaty will
be signed and formally ratified at the conclusion of this stage.
Stage 6 - Implementation of a Treaty
Plans
to implement the treaty are carried out. All aspects of the treaty will
be realized and with continuing goodwill, commitment and effort by all
parties, the new relationship will be brought to maturity.
