Nisga’a Nation positioned for LNG opportunity
Press Release
November 27, 2014
VICTORIA – The Province and the Nisga’a Lisims Government today are celebrating the passage of two key pieces of legislation and two economic benefit agreements that support the Nisga’a Nation’s effort to become a major participant in B.C.’s liquefied natural gas export economy.
The B.C. legislature passed the Nisga’a Final Agreement Amendment Act today which establishes the Nisga’a Lisims Government as the property taxation authority over Nisga’a Lands, the 2,000 square kilometres of lands the Nisga’a Nation owns and has legislative jurisdiction over under the Nisga’a Treaty.
The legislation enables the Nisga’a Nation to levy and collect property tax from persons other than Nisga’a citizens, including companies that operate industrial installations, such as LNG pipelines and infrastructure. It gives effect to the Real Property Tax Co-ordination Agreement between the Nisga’a Nation and the Province, the provisions of which are available only to modern treaty First Nations.
The B.C. legislature also passed the Protected Areas of British Columbia Amendment Act. The legislation is a first step in a process to remove 63.5 hectares from Nisga’a Memorial Lava Bed Park, a provincial park jointly managed by the Province and the Nisga’a Nation under the Nisga’a Treaty. The land to be removed from the park is to facilitate a right-of-way corridor for Prince Rupert Gas Transmission’s (PRGT) proposed 900-kilometre pipeline project.
Last month, the Nisga’a Nation concluded a Benefits Agreement with Prince Rupert Gas Transmission Ltd. which provides for substantial financial and other benefits to the Nisga’a Nation, including an option to transport a fixed amount of natural gas through the PRGT pipeline. The Nisga’a Nation is actively seeking investors to utilize this option to locate an LNG liquefaction facility on Nisga’a Lands.
Last week, the Nisga’a Nation and the Province entered into a Benefits Agreement for significant financial benefits in relation to the proposed PRGT pipeline.
Both agreements provide substantial benefits and business opportunities to the Nisga’a Nation and certainty for the proponent within Nisga’a Lands and the Nass Valley.
These legislative amendments and agreements demonstrate the many types of benefits related to LNG available to First Nations. Benefit sharing with First Nations is the path to partnership on economic development, and complements industry impact benefit agreements that provide jobs and economic development.
The Nisga’a Treaty is the first modern-day treaty in British Columbia. It provides constitutional certainty in respect of the Nisga’a Nation’s right of self-government and economic, social and cultural benefits envisioned by the Nisga’a Nation’s chiefs and elders and has been an inspiration to Indigenous people across Canada and internationally.
Quotes:
John Rustad, Minister of Aboriginal Relations and Reconciliation –
“These pieces of legislation and economic benefit agreements demonstrate the bold and innovative leadership that the Nisga’a people are showing in terms of embracing opportunities and finding balance between cultural and environmental values, while pursuing the creation of an economy.”
Mitchell Stevens, President of the Nisga’a Lisims Government –
“The Nisga’a Nation negotiated these agreements as a self-governing Nation having ownership of and legislative jurisdiction over our lands and responsibility for providing economic opportunities for our people. Our Treaty has paved the way for these agreements and the potential for achieving sustainable prosperity for our people. Today, we move forward as partners with the Province and industry in B.C.’s LNG economy, and as a Nation well positioned to benefit from employment, economic growth and investment emerging from LNG development in northern B.C.”
Mary Polak, Minister of Environment –
“The passage of this legislation would not have been possible without the leadership of the Nisga’a Lisims Government (NLG). As stewards of the land, the NLG has partnered with the Province of B.C. to ensure sustainable and responsible economic development that respects their traditional values.”
Michael de Jong, Minister of Finance –
“This benefit agreement and legislation support the LNG goals of both the Nisga’a Nation and the province. Together, these negotiated accomplishments demonstrate the collaborative government-to-government relationship that serves economic development and provides new opportunities both for the Nisga’a people and the province of B.C.”
Rich Coleman, Deputy Premier and Minister of Natural Gas Development –
“We’re growing our natural gas sector to create future economic opportunities for all British Columbians. This legislation ensures the Nisga’a Nation can prosper from development moving forward as we position our province as a leader in natural gas production and supply.”
Quick Facts:
- Nisga’a Nation will receive about $6 million from a Prince Rupert Gas Transmission (PRGT) pipeline benefit agreement from the Province and a yet-to-be-determined share of $10 million per year in annual benefits.
- Nisga’a Nation also signed a benefit agreement with PRGT on Nov. 6, 2014.
- The Nisga’a Final Agreement Amendment Act gives effect to the Real Property Tax Co-ordination Agreement (RPTCA) between the Province and the Nisga’a Nation.
- Under the RPTCA, the Nisga’a will be able to collect property taxes from residential and industrial properties on Nisga’a Lands, including LNG pipelines and infrastructure.
- TransCanada’s PRGT project is proposed to run 900 km from northeast B.C. to the proposed Pacific NorthWest LNG export facility at Lelu Island near Prince Rupert.
- The pipeline route would run approximately 97 kilometres through Nisga’a Lands and the Nisga’a Memorial Lava Bed Park.
- The Province is collaborating with First Nations, industry and federal agencies on First Nations-driven LNG Environmental Stewardship Initiative.
- This fall, the B.C. government announced rates for LNG proponents connecting to BC Hydro’s electrical grid, introduced the LNG Income Tax Act, and legislation to ensure B.C. has the cleanest LNG facilities in the world.
Learn More:
Read about the pipeline benefit agreement between the Nisga’a Nation and the Province: ow.ly/ETEY0
For information on TransCanada’s proposed PRGT pipeline project: ow.ly/EbO5J
Read about the Nisga’a Real Property Tax Co-ordination Agreement and the Protected Areas of British Columbia Amendment Act: ow.ly/DYO9y
Read about the Liquefied Natural Gas Income Tax Act: ow.ly/DYOXm
For more on the Nisga’a Nation, see: nisgaanation.ca
Three backgrounders follow.
Media Contacts:
Lisa Leslie
Ministry of Aboriginal Relations and Reconciliation
250 213-7724
Media Relations
Ministry of Environment
250 953-3834
Edward Allen
Nisga’a Lisims Government
250 633-3007
BACKGROUNDER 1
About the Nisga’a Nation
Located in northwestern British Columbia, the Nisga’a Nation is represented by Nisga’a Lisims Government (NLG) a modern, forward-thinking administration based on traditional culture and values of approximately 7,000 Nisga’a citizens.
Nisga’a Government has the authority to pass laws on a broad range of matters. At the same time, Nisga’a lawmaking authority is concurrent with federal and provincial authority.
Designed to assure democracy, transparency, and accountability, Nisga’a Government is comprised of NLG, the four Nisga’a Village Governments, and three Nisga’a Urban Locals.
The Indian Act has no application to Nisga’a governance — the Nisga’a Lisims Government and Nisga’a Village Governments are not Bands under the Indian Act, but constitutionally recognized levels of government. Nisga’a Lands are not reserves under the Indian Act, but is the aboriginal title of the Nisga’a Nation under the Nisga’a Treaty.
The Nisga’a Final Agreement is British Columbia’s first modern treaty that came into effect on May 11, 2000, marking the end of a 113-year journey.
It is the first treaty in British Columbia to provide constitutional certainty in respect of an Aboriginal people’s Section 35 right to self-government. It recognizes the Nisga’a Nations ownership of approximately 2,000 square kilometres of Nisga’a Lands and opens the door for joint economic initiatives in the development of the Nisga’a Nation’s natural resources.
Media Contacts:
Edward Allen
Nisga’a Lisims Government
250 633-3007
BACKGROUNDER 2
The Real Property Tax Co-ordination Agreement
The Nisga’a Final Agreement Amendment Act implements the Real Property Tax Co-ordination Agreement between the Province and the Nisga’a Nation.
- The Nisga’a Real Property Tax Co-ordination Agreement (RPTCA) establishes the Nisga’a Nation as the primary property taxation authority on Nisga’a Lands.
- The Nisga’a Nation will levy and collect property taxes from all properties of both Nisga’a citizens and persons other than Nisga’a citizens on Nisga’a Lands.
- Under the RPTCA, the Nisga’a Nation will set residential property tax rates at the same rate as provincial rural areas. However, the Nisga’a Nation will have the ability to tax non-residential property at rates higher than the provincial rural rates.
- Under the RPTCA, property tax rates for each property class will be the same for Nisga’a citizens and persons other than Nisga’a citizens.
- Elements of the RPTCA provide for:
- The Nisga’a Nation’s membership in the North West Regional Hospital District. The Nisga’a Nation will appoint a director to the board and will contribute to the Regional Hospital District through property taxation.
- The administration of a service/tax agreement between the Nisga’a Nation and the Kitimat-Stikine Regional District.
- The Nisga’a Nation’s collection of grants in lieu of property tax from BC Hydro with respect to BC Hydro infrastructure on Nisga’a Lands.
- The addition of Nisga’a Lands to B.C.’s provincial assessment framework to ensure the consistent application of provincial property assessment rules.
Media Contacts:
Lisa Leslie
Ministry of Aboriginal Relations and Reconciliation
250 213-7724
Edward Allen
Nisga’a Lisims Government
250 633-3007
BACKGROUNDER 3
Park boundary adjustments introduced with Nisga’a Nation agreement
- Under the terms of the Nisga’a Final Agreement, the consent of the Nisga’a Nation is required to modify the boundaries of Nisga’a Memorial Lava Bed Park, and the description in the Nisga’a Treaty must be amended.
- The Nisga’a Lisims Government passed a resolution in their Legislature on Oct. 29, 2014, consenting to this modification to the park’s boundaries upon the granting of an Environmental Assessment Certificate.
- Amendments to the Protected Areas of British Columbia Act are regularly required to establish new ecological reserves, parks and conservancies, as well as to adjust the boundaries of these protected areas for a variety of reasons.
- PRGT’s proposed pipeline route cannot be authorized in Nisga’a Memorial Lava Bed Park under the Park Act. If the project is to proceed along the proposed route, the land must be removed from the park by amending the Nisga’a Final Agreement and then the Protected Areas of British Columbia Act.
- The amendment will only take effect once regulatory approvals are in place, including an Environmental Assessment Certificate and the British Columbia Legislature considers, in the spring of 2015, and approves a motion to amend the description of the Memorial Lava Bed Park in the Nisga’a Final Agreement.
- By following Highway 113 through the park for most of its length, the proposed route will reduce the amount of land disturbance resulting from the construction of the project and reduce the impacts of the project on the environment.
- British Columbia has the highest percentage of its land base dedicated to protected areas of all provincial Canadian jurisdictions, and has one of the largest protected area systems in North America.
- There are 1,029 provincial parks, recreation areas, conservancies, ecological reserves and protected areas in B.C., covering more than 14 million hectares, or approximately 14.4% of the provincial land base.
Media Contacts:
Media Relations
Ministry of Environment
250 953-3834
Edward Allen
Nisga’a Lisims Government
250 633-3007
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