Final Protocol Agreement

7/28/2019 Final Protocol Agreement

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PROTOCOL AGREEMENT

BETWEEN

The Penticton Indian Band of the Okanagan Nation (PIE )

ANDOsoyoos Indian Band of the OkanaganNation (OIB)

ANDLower Sim ilk arneen Indian Band of the Okanagan Nation (LSI]3)

ANDThe Regional District ofOkanagan-Similkameen(LLRegional District)

WhEREAS the PIB, LSJB and 0113 are three of seven Indian Bands (Lower SimilkameenInd ian Band, Upper Sirnilkameen Indian Band, Osoyoos Indian Band, Penticton Indian Band,Westbank First Na tion, Okanagan Ind ian Band and UpperNicola Band) who together fonn theOkanaganNation;

WhEREAS the Okanagan Nation is comprised of the original inhab ita nts and stew ards of thisbeautifu l Okanagan Region, whose aborig ina l tit le was never surrendered or ex tinguished,

WHEREAS the Regional District also has a responsibility to steward the Ok anagan Region forthe mutu al prosperity and well-being of aborig inal and non-aboriginal residen ts alike;

WhEREAS the Regional District is a local govermnent exercising jurisdiction and au thoritydelegated by the Province pursuant to the Local Government Act RSBC 1996, c. 323;


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WHEREAS the Okanagan Nation, ofwhich P113 , LS IB and OIB are members, exercisesinhe rent jurisdiction and authority to practise and maintain the ancient Okanagan culture ,traditions and values, which include systems of gove rnance, law and social organization whichcon tinue to evo lve. The P11 3, LSIB and 0113 also exercise s jurisdiction delegated by the federalgovernment pursuant to the Indian Act, RS.C. 1985, c. 1-5;

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WHEREAS the Regional District recognizes that the OkanaganNation, ofwhich PIB, LSIB andV OlE are members, has distinctive constitutional rights, including Aborig inal title and Aborig inalrigh ts that flow from their prior and organized occupation of their territory, and that give rise tocorresponding constitutiona l ob ligations on the Crown, including uphOlding the honour of theCrown through ineaningfiul reconcilia tion, accommodation and consultation;

WHEREAS this protoco l coincides with the adoption by the United Nat ions General Assemblyof the Declaration on the Rights of Indigenous Peoples on September 7, 2007, recognizingIndigenous Peoples rights to their lands, and rights to se lf-determ ination, to maintain andstreng then their po lit ical, legal, economic, social and cultu ral institu tion s, to participate indecisions that could affect the ir rights, to maintain and strengthn their distinc tive spi ritualrelationships with their territorie s and uphold their responsibilities to future generat ions and tothe conservation and protection of their territorie s; V

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WHEREAS the Par tie s celebrate their. cultural differences, while recognizing that they haveoverlapping and mutual interests, and that their decisio ns impact one anothe r;V

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WHEREAS the Par ties acknow ledge their mutual interest and responsibility to ensure the properstewardship of the ecosystenis.in the region, for their grandchildren and great -grandchild ren tocome; V

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WF[EREAS the Parties have in the past worked in isolation of one another within the irrespective jurisdictions, and now wish to establish a Government to Gove rnmen t relationship toidentify, consu lt and address common concerns and mutual interests, and such other issues ofimportance to either Party as may arise in the future.V

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TIIEREIORE in the spirit ofmutual respect and cooperation, the Parties agree as fol lows :1. PURPOSE :1.1 The Purpose of this Protocol Agreemen t is to provide a framework for

a) fonnalizing a Government to Governmen t relationship;b) recognizing and celebrating diversity, while cooperating with each other to

ach iev e mutual prospe rity;V

c) consultation, communication, information sharing , educa tion, and cooperat ionbetween the Parties; and

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V d) collaborative decision making or negotiations inappropriate areas of commoninterest.

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2. V V COMMITMENTS V V VV

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2.1 The Parties commit to: VV

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V V a) implementing this Protocol Ag reemen t in the spirit of respec t, trust, transparencyand co-operation; V. V

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b) stewardship of the land, waters and ecosystems of the Reg ion for the benefit offutu re generations; V V V V V V V

c) building a trusting relationship in which the Pa rties can seek agreement on futuresocial, economic and environmental goa ls and priorities for the reg ion throughaccountability and transparency in communications and decision making;

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d) developing a working rela tio nship that will foster cooperation, identify commonconcerns and interests, esta blish formal communications and op tim ize theregions dive rse mteres ts in plann ing for the future,

e) educating about Aboriginal title recognition, including consultat ion andaccommodation, and


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f) educating about Regional District roles, services and potential partn ersh ips.

3. COOPE1ATION V :

3.1 The Parties will meet sem i-annually to ex change information, discuss common social,V

V economic and environmental objectives, identify issues of concern and coordinate effortsto address those issues

3.2 The Parties will meet as required to address issues raised by eithe r Pa rty of mutual Vconcern which engage the purpose and commitments set ou t in this Agreement .

33VThe Parties will consider joint responses to the provincial and federal governments on Vissues ofmutual concern or interest.

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3.4 The Parties will notify each other, as ear ly as possible in their respective decision makingprocesses, regarding decis ions which will likely affect one another, and matte rs of

V potential concern or impact to the other Parties .V

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3.5 The Parties will share all relevan t information in a timely manner with each other, andV

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V conduct discussions transparently and openly. .V

3.6 The Parties will consider and, by mutual agreemen t, invite the prov incial and /or federalgovernm ent or industry to attend mee tings from time to time, as and when appropriate .

33 The Parties will consider whether they want to recommend to the Provh ice of BritishV

V V Columbia that it establish a seat for a representative of the Okanagan Nation on the VV Reg iona l District Board. V V

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V JOJNT COCIL V VV V V , ,V V V

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4 1 The Parties will estab lish a Joint Council composed ofa) the Chief of the Penticton Indian Band,b) one representative appom ted by the Regional District,


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c) one representative appointed by the Municipalities who join the Accord andProtocol, or Electoral Areas, upon their request and by agreement of the Parties;

d) one representative agreed to by the Okanagan Nation Affiance and the RegionalDistrit;

e) the Chiefs of the Okanagan Nation Bands who join the Accord and Protocol.4.2 The Parties shall maintain an equal number of OkanaganNation and non-Okanagan

Nation seats on the Joint Council and may each appoint such people as may from time totime be needed to achieve this objective, and will develop procedures for the timing,location and record-keeping of meetings.

4.3 The Joint Council will meet hi-annually in the fall and spring to identify and addressissues of common concern and to make recommendations to the Parties.

4.4 The Joint Council will meet on an emergency basis, upon receiving written notice byeither Party of an issue that engages the purpose and commitments set out in thisAgreement. V V

4.5 The Parties, with or without the: assistance of the Joint Council, may enter intoV agreements in relation to specific issues and projects, including:

a) land use planning and development, including the incorporation of traditionalV

V Vecological knowledge; V V

V V V b) environmental protection; : V V VV c) cultural and heritage protection; V V

V V Vd) V health care; V V V V Ve) housing;

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f) employment;V V V

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V g) drug use; VV V V Vh) economic opportunities and collaboration on projects ofmutual interest and

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i) revenue sharmg,j) delivery of services to Reserves, andk) hannomzation of bylaws


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4.6 The Joint Council may establish working groups to assist the work of the Joint Council.4.7 The Joint Counci l shall report to the Parties on issues of common concern and may make

recommendations to the Parties -

6. DISPUTE RESOLUTION

6.2 If the Joint Council canno t settle the disagreement, the Parties may engage a mutually.acceptable arbitrator or mediator, or participate in such other dispute resolution processesas may be mutually agreed to.

6 3 Should eithei of the Parties choose to use the cour ts to resolve the dispute, they agiee toprovide the othei Parties with no less than sixty (60) days notice of their intention to file

5. EDUCATION5.1 The Parties agree to sponsor and promote education forums to :

a) perm it the Regional District to gain an understanding of the Okanagan culture,his tory, Aboriginal title and rights, including laws and issues of concern to theP1 13, LSIE and OIB and the Okanagan Nation;

b) perm i t the Okanagan Nation to gain an understanding of issues of conce rn to theReg ional Districts; and

c) permit the general public to gain an understanding about Abor iginal titlereeogmtion

6.1 The Parties ag ree to address disputes in a timely way, first through the Joint Council.


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an action to provide the other Party/Parties an opportunity to address the conflict throughdialogue rather than through the adversarial court process. .

7 TERM

7.1 This Protocol Agreementwill take effect upon the adoption by resolution of the PIE,LSIB and OIB Council and the Regional District Board

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VV 7.2 This Protocol Agreement may be amended by mutual consent. V V V VV

7.3 This Protocol Agreement may be terminated by a party providing to all other Parties sixty V (60) days notice in writing. V V V V : V V V V V V V V

V 8. NON DEROGATION VV

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8.1 This Protocol Agreement is not intended to and does not create or defme, abrogate orV derogate from the Aboriginal title; rights or interests of the OkanaganNation. V

8.2 V Nothing in this Protocol Agreement shall be interpreted so as to affect the performance Vby the Regional District of its statutory duties and functions as recorded under theprovisions of the Land Title Ac t or as referred to in the Local GovernmentAct or the

V Community Charter. V V V V

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Grand Chief Stewart PhilipPenticton Indian Band

P AshtonV Chalr

Regional District Okanagan .

V Simjllcameen

Chief Joe DennisLower Similk arne en Indian Band

ChiefClarenceLoujeOsoyoos Indian Band

Witness to Signatures Above:

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V V V George HansonV V. V V V Vice Chair

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VV Regional District Okanagan V

VV Similkaineen V

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Louise GabrielPenticton Indian Band Elder

Signed this day of V

Final Protocol Agreement

Documents

Transcript of Final Protocol Agreement