In-SHUCK-ch Glossary



	Glossary AiP Definitions The Agreement in Principle (AiP) definitions give the interested individual an in-depth official explanation of the various concepts that are dealt with and discussed in treaty. Acronymns Acronyms- these definitions give the full and short versions of acronyms that they would otherwise not come across. These acronyms mainly related to government ministries and treaty related process. AiP Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A Agreement in Principle (AIP), as defined by the BC Treaty Commission, it is often described as the blueprint for a final treaty, the agreement in principle identifies and defines a range of rights and obligations including: existing and future interests in land sea and resources; structures and authorities of government; relationship of laws; fiscal relations and so on. Following initialling, First Nations take the agreement back to their communities for consultation after which, if ratified, the provincial and federal governments present the agreement to their respective cabinets for approval. TOP OF PAGE Agreement means this agreement-in-principle and all schedules and appendices to this agreement-in-principle. TOP OF PAGE Ancient Human Remains means human remains on In-SHUCK-ch SOI that are: determined to be of aboriginal ancestry; and not of forensic concern. TOP OF PAGE Appendix means an Appendix to this Agreement. TOP OF PAGE Applicant means an individual applying for enrolment under the Final Agreement on behalf of themselves, a Minor or an adult whose affairs they have the legal authority to manage. TOP OF PAGE Aquatic Plants includes all benthic and detached algae, brown algae, red algae, green algae, golden algae and phytoplankton, and all marine and freshwater flowering plants, ferns and mosses, growing in water or in soils that are saturated during most of the growing season. TOP OF PAGE Assurance Fund means “Assurance Fund” as defined in the Land Title Act. TOP OF PAGE Available Flow means the volume of flow of water above that required: to ensure conservation of Fish and stream habitats and to continue navigability as determined by the Minister in accordance with Federal Law and Provincial Law and with the provisions of the Final Agreement; and under water reservations and water licenses existing as of the date of this Agreement, and water licenses applied for prior to the date of this Agreement TOP OF PAGE B Band means an Indian Band within the meaning of section 2 of the Indian Act. TOP OF PAGE British Columbia means, unless the context otherwise requires, Her Majesty the Queen in Right of British Columbia. TOP OF PAGE C Canada means, unless the context otherwise requires, Her Majesty the Queen in Right of Canada. TOP OF PAGE Capital Transfer means an amount paid by Canada or British Columbia to In-SHUCK-ch Nation under the Capital Transfer [and Loan Repayment] Chapter. TOP OF PAGE Central Lillooet Watershed means those portions of the Lillooet, Lower Fraser and Harrison River watersheds as identified in Appendix ?. TOP OF PAGE Child Protection means (as per Child, Family and Community Services Act) those services designed to protect children from situations of abuse or neglect, harm or threat of harm; activities designed to identify and provide support in relation to potential or emerging problems of abuse or neglect of children; and services for the provision of care for children outside the parental home. TOP OF PAGE Community Correction Services means: bail, probation, conditional sentences, conditional supervision, and parole supervision of both adult and young offenders; preparation of reports for the court, Crown Counsel and any parole board; supervision of diverted offenders and operation of diversion programs; monitoring under any electronic monitoring program; development and supervision of alternative to custody programs for both adult and young offenders; Family Court counselor functions described in an agreement under this Chapter; and Other similar services as may be delivered by British Columbia or Canada from time to time. TOP OF PAGE Conflict means where compliance with one law or requirement would result a breach with another law or requirement. TOP OF PAGE Consult or Consultation means provision to a Party of: notice of a matter to be decided; sufficient information in respect of the matter to permit the Party to prepare its views on the matter; a reasonable period of time to permit the Party to prepare its views on the matter; an opportunity for the Party to present its views on the matter; and a full and fair consideration of any views on the matter so presented by the Party. TOP OF PAGE Crown Corridors means provincial roads and public utilitiy corridors not on In-SHUCK-ch Lands identified in identified in Schedule ? of the Final Agreement. TOP OF PAGE D Designated Migratory Bird Population means a population of a species of Migratory Bird that has been designated by the Minister in accordance with the Migratory Birds Chapter. TOP OF PAGE Designated Wildlife Species means a species of Wildlife for which the Minister has determined that there should be a total allowable Harvest in the In-SHUCK-ch First Nation Wildlife Harvest Area. TOP OF PAGE Dimension Stone means a rock or stone product that is cut or split on two or more sides, and includes, without limitation, tiles, facing stone, crushed rock that is reconstituted into building stone, headstones, monuments, statues, ornamental furnishings and other similar components, but does not include crushed, cut or split rock that is used for construction purpose. TOP OF PAGE Domestic Purposes means food, social and ceremonial purposes, but does not include sale. TOP OF PAGE Douglas First Nations means the Douglas Indian Band within the meaning of section 2 of the Indian Act. TOP OF PAGE E Ecological Reserve means provincial Crown land which is set aside as an ecological reserve under provincial law. TOP OF PAGE Effective Date means the date upon which the Final Agreement takes effect. TOP OF PAGE Enhancement Initiatives means an initiative that is intended to result in an increase in Fish stocks through: an artificial improvement to Fish habitat; or the application of Fish culture technology. TOP OF PAGE Enrolment Appeal Board means the In-SHUCK-ch enrolment appeal board established under the Eligibility and Enrolment Chapter. TOP OF PAGE Enrolment Committee means the In-SHUCK-ch enrolment committee established under the Eligibility and Enrolment Chapter. TOP OF PAGE Environment means the components of the Earth and includes: air, land and water; all layers of the atmosphere; all organic and inorganic matter and living organisms; and the interacting natural systems that include components referred to in a), b), and c) above. TOP OF PAGE Environmental Assessment means an assessment of the environmental effects of a project. TOP OF PAGE F Federal Expropriating Authority means a federal department or agency or any person who would otherwise have the authority to expropriate land under Federal Law. TOP OF PAGE Federal Law includes federal statutes, legislation, by-laws, regulations, ordinances, Orders-in-Council, and the common law. TOP OF PAGE Federal Project means a project, as defined under the Canadian Environmental Assessment Act, that is subject to an Environmental Assessment under that Act. TOP OF PAGE Final Agreement means the final agreement among the Parties that will be based on this Agreement. TOP OF PAGE Fish means: fish; shellfish, crustaceans and marine animals; the parts of fish, shellfish, crustaceans, and marine animals excluding whales; and the eggs, sperm, spawn, larvae, spat, juvenile stages and adult stages of fish, shellfish, crustaceans and marine animals excluding whales. TOP OF PAGE Forest Resources means all Timber Resources and Non-timber Resources, including all biota, but does not include Wildlife, Migratory Birds, Water, Fish, or Aquatic Plants. TOP OF PAGE Fossils means the remains, traces or imprints of animals or plants that have been preserved in rocks, and includes bones, shells, casts and tracks. TOP OF PAGE G Geothermal Resources means the natural heat of the earth and all substances that derive thermal energy from it, including steam, water and water vapour and all substances dissolved in the steam, water or water vapour but does not include: water that has a temperature less than 80°C at the point where it reaches the surface; or hydrocarbons. TOP OF PAGE Gravel means sand, gravel, rock and random borrow materials. TOP OF PAGE Groundwater means water that is below the surface of the ground. TOP OF PAGE H Harvest includes attempt to harvest. TOP OF PAGE Heritage Site means a heritage site as defined by Provincial Law and may include archaeological sites, burial sites, historical sites and sacred sites. TOP OF PAGE I Income Tax Act (British Columbia) means the Income Tax Act, R.S.B.C. 1996, c 215. TOP OF PAGE Income Tax Act means the Income Tax Act, R.S.C. 1985 (5th Supp.) c.1. TOP OF PAGE Indian Act means the Indian Act, R.S.C 1985, c. I-5. TOP OF PAGE Indian means a person who is registered as an Indian or is entitled to be registered as an Indian under the Indian Act. TOP OF PAGE Initial Enrolment Period means the period of time prior to the Effective Date, not exceeding one year, during which the Enrolment Committee is responsible for the enrolment process. TOP OF PAGE In-SHUCK-ch Area means the area as shown on the map in Appendix […] TOP OF PAGE In-SHUCK-ch Capital means all land, cash and other assets transferred to, or recognized as owned by, the In-SHUCK-ch Nation under the Final Agreement. TOP OF PAGE In-SHUCK-ch Chiefs means the chiefs of the Douglas, Samahquam and Skatin First Nations. TOP OF PAGE In-SHUCK-ch Citizen means an individual who is enrolled under the Final Agreement in accordance with the Eligibility and Enrolment Chapter. TOP OF PAGE In-SHUCK-ch Constitution means the constitution of the In-SHUCK-ch Nation as set out in the Governance Chapter. TOP OF PAGE In-SHUCK-ch Corridors means the Corridors on In-SHUCK-ch Lands identified in Schedule “B” to the Final Agreement. TOP OF PAGE In-SHUCK-ch Council means the chiefs and councils of the Douglas, Samahquam and Skatin Bands. TOP OF PAGE In-SHUCK-ch Court means the In-SHUCK-ch court of law as set out in the In-SHUCK-ch Court Chapter. TOP OF PAGE In-SHUCK-ch Exempt Corporation means a corporation, other than an In-SHUCK-ch Government Corporation, in which the In-SHUCK-ch Nation has a direct or indirect interest as a shareholder, that is exempt from tax on its taxable income under laws of Canada or British Columbia. TOP OF PAGE In-SHUCK-ch First Nation Artifact means any artifact created by, traded to, commissioned by, or given as a gift to an In-SHUCK-ch First Nation Member or In-SHUCK-ch First Nation, or that originated from In-SHUCK-ch First Nation or Heritage Site and that has past and ongoing importance to In-SHUCK-ch First Nation culture or spiritual practices, but does not include: contemporary artifact; any artifact traded to, commissioned by, or given as a gift to another aboriginal person; or an Associated Burial Object. TOP OF PAGE In-SHUCK-ch First Nation Land means those lands identified as In-SHUCK-ch First Nation Land under paragraph __ of the Lands Chapter and set out in Appendix __. TOP OF PAGE In-SHUCK-ch First Nation People means those individuals who are eligible to be enrolled under the Final Agreement in accordance with the Eligibility and Enrolment Chapter. TOP OF PAGE In-SHUCK-ch Government Corporation means any corporation, commission or association, all of the shares (except directors’ qualifying shares) or capital of which belong to the In-SHUCK-ch Nation or any In-SHUCK-ch Settlement Trust, or any combination thereof, and for this purpose where, at any time, any shares or capital of a corporation, commission or association belong, or are deemed by this section to belong, to another corporation, a partnership, or as trust that is not an In-SHUCK-ch Settlement Trust, (“intermediary”), those shares or that capital will be deemed to belong to each shareholder, partner or beneficiary, as the case may be, of the intermediary, proportionate to the relative fair market values of their respective interests in that intermediary. TOP OF PAGE In-SHUCK-ch Government is the government of the In-SHUCK-ch Nation as set out in the In-SHUCK-ch Governance Chapter. TOP OF PAGE In-SHUCK-ch First Nation Law means: a law made by In-SHUCK-ch Nation under the Final Agreement or any other agreement that allows In-SHUCK-ch to make laws; and the In-SHUCK-ch Nation Constitution, but does not include In-SHUCK-ch custom or traditional laws. TOP OF PAGE In-SHUCK-ch Nation [Domestic] Fishing Area means the area described in Appendix X; TOP OF PAGE In-SHUCK-ch Nation Annual Domestic/Commercial Fishing Plan means a plan described in the Fisheries Chapter. TOP OF PAGE In-SHUCK-ch Nation Commercial Fishing Area means the area described in Appendix ?. TOP OF PAGE In-SHUCK-ch Nation Fishing Right means the right of the In-SHUCK-ch Nation to Harvest Fish [and Aquatic Plants] [for Domestic Purposes] described in the Fisheries Chapter. TOP OF PAGE In-SHUCK-ch Nation Harvest Document means a licence, permit document, or amendments thereto, issued by the Minister under a Federal Law or Provincial Law in respect of the In-SHUCK-ch Nation Fishing Right. TOP OF PAGE In-SHUCK-ch Nation means the collectivity of In-SHUCK-ch First Nation People. TOP OF PAGE In-SHUCK-ch Preferred Share means in respect of a right to Harvest Fish and Aquatic Plants: a defined Harvest quantity or quota; a formula defining a Harvest quantity or quota; or a defined Harvest area, within the In-SHUCK-ch First Nation Domestic Fishing Area, under the Final Agreement; and in respect of a right to Harvest Wildlife or Migratory Birds: a defined Harvest quantity or quota; or a formula defining a Harvest quantity or quota, of a Designated Wildlife Species or a Designated Migratory Bird Population for In-SHUCK-ch First Nation under the Final Agreement. TOP OF PAGE In-SHUCK-ch Private Lands means In-SHUCK-ch Lands that are designated as In-SHUCK-ch Private Lands by the In-SHUCK-ch Government. TOP OF PAGE In-SHUCK-ch Public Access Lands means In-SHUCK-ch Lands other than In-SHUCK-ch Private Lands. TOP OF PAGE In-SHUCK-ch Settlement Trust [or Corporation] means … (see Chapter for long version). TOP OF PAGE In-SHUCK-ch Water Reservation means a water reservation identified in the Water Chapter. TOP OF PAGE Intellectual Property includes any intangible property right resulting from activity in the industrial, scientific, literary, or artistic fields, including, but not limited to, any right relating to patents, copyrights, trademarks, industrial designs or plant breeder’s rights. TOP OF PAGE L Land Rights means any aboriginal rights, including aboriginal title and any aboriginal rights to self-government, that relate to or affect lands, waters, wildlife, fish or other natural resources. TOP OF PAGE M Migratory Bird Harvest Area means the area identified in Appendix ?. TOP OF PAGE Migratory Birds means migratory birds as defined under Federal Law that is enacted further to international conventions, and for greater certainty, includes their eggs. TOP OF PAGE Mineral means an ore of metal, or natural substance that can be mined and includes: rock and other materials from mine tailings, dumps, and previously mined deposits of minerals; and Dimension stone. TOP OF PAGE Minister means, in relation to any matter, the Minister or Ministers of Her Majesty the Queen in right of Canada or in right of British Columbia, as the case may be, having responsibility, from time to time, for the exercise of powers in relation to the matter in question and includes a person with authority to act on behalf of the relevant Minister in respect of the matter in question. TOP OF PAGE Minor means any individual under the age of majority under provincial law. TOP OF PAGE N National Historic Site means any place declared to be of national historic interest or significance by the Minister under Federal Law. TOP OF PAGE National Park means federal Crown land that is described as a National Park in the schedules to the Canada National Parks Act and is within the In-SHUCK-ch First Nation Area. TOP OF PAGE Natural Gas means all fluid hydrocarbons that are not defined as petroleum, and includes coalbed gas and hydrogen sulphide, carbon dioxide and helium produced from a well. TOP OF PAGE Non-timber Resources means all Forest Resources other than Timber Resources. TOP OF PAGE P Parties means Yale First Nation, Canada and British Columbia and “Party” means any one of these. TOP OF PAGE Petroleum means crude petroleum and all other hydrocarbons, regardless of specific gravity, that are or can be recovered in liquid form from a pool or that are or can be recovered from oil sand or oil shale. TOP OF PAGE Placer Mineral means ore of metal and every natural substance that can be mined and that is either loose, or found in fragmentary or broken rock that is not talus rock and occurs in loose earth, gravel or sand, and includes rock or other materials from placer mine tailings, dumps and previously mined deposits of placer minerals. TOP OF PAGE Protected Area includes any land that is set aside or designated for any representative natural resource, recreation, conservation, historic or similar values under Provincial Law but does not include Provincial Parks or Ecological Reserves. TOP OF PAGE Provincial Law includes provincial statutes, legislation, by-laws, regulations, ordinances, Orders-in-Council, and the common law. TOP OF PAGE Provincial Park means provincial Crown land established as a provincial park under Provincial Law. TOP OF PAGE Provincial Project means a reviewable project under the British Columbia Environmental Assessment Act, that is subject to an Environmental Assessment under that Act. TOP OF PAGE Provincial Torrens System means the Land Title Act and all other laws of British Columbia in respect of the registration of title to, rights in, claims against, and estates and interests in, land, whether legal or equitable. TOP OF PAGE Public Utility means a person, or the person’s lessee, trustee, receiver or liquidator that owns or operates in British Columbia equipment or facilities for the: production, gathering, generating, processing, storage, transmission, sale, supply, distribution or delivery of Petroleum (including Petroleum products or byproducts), gas (including Natural Gas, Natural Gas liquids, propane and coal bed methane), electricity, steam, water, sewage, or any other agent for the production of light, heat, cold or power; or emission, transmission or reception or information, messages or communications by guided or unguided electromagnetic waves, including systems of cable, microwave, optical fibre or radio communications, if that service is offered to the public for compensation. TOP OF PAGE R Ratification Committee means the In-SHUCK-ch ratification committee established under the Ratification Chapter. TOP OF PAGE Registrar means “Registrar” as defined in the Land Title Act. TOP OF PAGE S Salmon means sockeye, pink, chinook, coho and chum salmon. TOP OF PAGE Samahquam Nation means the Samahquam Indian Band within the meaning of section 2 of the Indian Act. TOP OF PAGE Ska’ten First Nation means the Skatin Indian Band within the meaning of section 2 of the Indian Act. TOP OF PAGE Stewardship Activities means activities conducted for the assessment, monitoring, protection and management of Fish and Fish habitat; TOP OF PAGE Stream means a natural watercourse or source of water supply, whether usually containing water or not, Groundwater, and a lake, river, creek, spring, ravine, swamp, and gulch. TOP OF PAGE Submerged Lands means lands below the natural boundary as defined in the Land Act, R.S.B.C. 1996, c. 245. TOP OF PAGE Subsurface and Mineral Resources means minerals, placer minerals, petroleum, natural gas and geothermal resources and includes coal, earth, peat, marl, Gravel, riprap and other stone products. TOP OF PAGE Subsurface Resources include the following: soil, peat, marl, sand, gravel and earth, including diatomaceous earth; slate, shale, argillite, limestone, marble, clay, gypsum, volcanic ash, rock, riprap and stone products; precious and base minerals, including Placer Minerals; coal, Petroleum and Natural Gas; Fossils; and TOP OF PAGE T Tenure means the permits, leases, licences, claims, reserves, grants and other legal interests in lands existing as of the Effective Date and listed in Appendix X. TOP OF PAGE Timber Resources means trees, whether living, standing, dead, fallen, limbed, bucked, or peeled. TOP OF PAGE Total Allowable Migratory Bird Harvest means the maximum number of a Designated Migratory Bird Population that may be harvested in a specified period of time. TOP OF PAGE Total Allowable Wildlife Harvest means the maximum number of a Designated Species that may be harvested in a specified period of time. TOP OF PAGE Total Canadian Catch and TCC, in respect of a stock or species of Fish, means the number, established by the Minister, of the stock or species, as having been caught in Canadian waters by aboriginal, commercial, recreational and other fisheries excluding test fisheries and those for hatchery purposes; TOP OF PAGE Trade or Barter does not include sale. TOP OF PAGE W Water Inventory Sites are sites used for the collection of information on water, and include hydrometric, snow survey, groundwater monitoring, water quality sampling, and other observation sites. TOP OF PAGE Wildlife Harvest Area means the harvest area set out in appendix X to this Agreement. TOP OF PAGE Wildlife Harvest Right means the right of the In-SHUCK-ch Nation to harvest Wildlife in accordance with the Final Agreement. TOP OF PAGE Wildlife Management Plan means a management plan prepared in accordance with the Wildlife Chapter. TOP OF PAGE Wildlife means all vertebrate and invertebrate animals, including mammals, birds, reptiles, and amphibians; and the eggs, juvenile states, and adult stages of all vertebrate and invertebrate animals; but does not include Fish or Migratory Birds. TOP OF PAGE Acronymns: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A AAC- Annual Allowable Cut TOP OF PAGE Accommodation Agreement- It is an interim cash/rights settlement TOP OF PAGE AOI- Area of Interest TOP OF PAGE B BCTC- British Columbia Treaty Commission, as per their website, the BCTC defines itself as, “an independent and neutral body responsible for facilitating treaty negotiations among the governments of Canada, BC and First Nations in BC. The Treaty Commission does not negotiate treaties—that is done by the three parties at each negotiation table. The Treaty Commission's primary role is to oversee the negotiation process to make sure that the parties are being effective and making progress in negotiations. In carrying out the recommendations of the BC Claims Task Force, the Treaty Commission has three roles—facilitation, funding and public information and education.” TOP OF PAGE C CP- Certificate of Posession TOP OF PAGE D DIAND- Department of Indian Affairs and Northern Development (Federal) TOP OF PAGE DFN- Douglas First Nation TOP OF PAGE DFO- Department of Fisheries and Oceans (Federal) TOP OF PAGE F FFG- Fish Focus Group TOP OF PAGE FRA- Forest Range Agreement TOP OF PAGE FTNO- Federal Treaty Negotiation Office (Federal) TOP OF PAGE FTWG- Fish Technical Working Group TOP OF PAGE G GFG- Governance Focus Group TOP OF PAGE I IN- In-SHUCK-ch Nation TOP OF PAGE INAC- Indian and Northern Affairs Canada (Federal) TOP OF PAGE IPP- Independent Power Project TOP OF PAGE L Land/Cash Settlement- in exchaqnge for settling treaty, In-SHUCK-ch will receieve a combination of Treaty Settlement Land (TSL) and cash settlements. TOP OF PAGE LFARM- Lower Fraser Acquatic Resource Management Forum TOP OF PAGE LFG- Land Focus Group TOP OF PAGE LRMP- Land and Resource Management Plan TOP OF PAGE LTWG- Land Technical Working Group TOP OF PAGE LWBC- Lands and Water BC (Provincial) TOP OF PAGE M MEM- Ministry of Energy and Mines (Provincial) TOP OF PAGE MOF- Ministry of Forests (Provincial) TOP OF PAGE MSRM- Ministry of Sustainable Resources Management TOP OF PAGE N NTG- Nation Task Group TOP OF PAGE S SOI- Statement of Intent, the traditional lands of In-SHUCK-ch filed with the BCTC TOP OF PAGE T TNO- Treaty Negotiation Office (Provincial) TOP OF PAGE TRM- Treaty Related Measure, while negotiating treaty In-SHUCK-ch recieves money to prepare for treaty, which is used towards studies such as on economic development and land use. TOP OF PAGE TSL- Treaty Settlement Land, lands that In-SHUCK-ch will own and hold government authority over. TOP OF PAGE TUS- Traditional Use Study, a study intended to generate information on the In-SHUCK-ch nation's traditional use of natural resources and land in traditional In-SHUCK-ch territory. Please refer to the "Projects" section of this website for future information. TOP OF PAGE W WLAP- Ministry of Water Land and Air Protection (WLAP) TOP OF PAGE Copyright 2004 In-SHUCK-ch





In-SHUCK-ch Nation 41290-B Lougheed Hwy, Deroche, BC, V0M 1G0 Ph: 604.820.6873 Fax: 604.820.6847 general@inshuckch.com