Incremental Treaty Agreement
On March 26, 2013, Ditidaht successfully negotiated and signed an Incremental Treaty Agreement (ITA) with the Province of British Columbia. The incremental treaty is a bi-lateral agreement with the Province that is separate and different from the treaty negotiations. The incremental treaty agreement provides DFN with early benefits by the Province transferring lands to Ditidaht at agreed-upon stages, even if Ditidaht never finalizes a treaty.
What are the ITA lands?
Incremental treaty lands are in addition to whatever lands we negotiate in the treaty. These early transfers return ownership of these lands to our people. Once transferred, these parcels of land will always be Ditidaht land – regardless of whether we achieve a final treaty or not. If we successfully negotiate a final treaty, the land will become treaty settlement land. Without a treaty, Ditidaht will continue to hold the land in fee simple.
Where are the ITA lands?
The incremental treaty provides early transfers of land at planned stages of treaty negotiations, as we reach specific milestones. Under the incremental treaty agreement, BC will transfer land parcels to Ditidaht at planned stages, as we reach the following negotiation milestones:
|Land Parcel||How much||When does it transfer?|
|Doobah||349.6 hectares||Signing of ITA (March 2013)|
|Malachan Block B*||25.3 hectares||Signing of Agreement in Principle|
|Malachan Block A*||45.3 hectares||Signing of Final Agreement|
* Indicates Malachan blocks “A” and “B” (which are not the Reserve Malachan) will only be transferred subject to the ability to remove lands out of TFL 44. Otherwise, alternate lands are to be negotiated.
The Incremental Treaty lands include the Doobah lands parcel (349.6 ha), which the Province agreed to transfer to Ditidaht at the signing of the ITA on March 26, 2013:
The Doobah parcel is 349.6 hectares in size. It is located on the farthest entrance to the lake, and the entrance closest to the coast. Doobah is 7 times larger than our current reserve, Malachan. The parcel fits well with Ditidaht’s long-term land goals. It is the last remaining entrance to the lake not under our jurisdiction, giving us more say in how the lake is used and managed. It is also provides economic development opportunities in the area of recreation and tourism.
The Malachan ITA lands, Block B (25.3 ha) and Block A (45.3 ha) have been identified as lands negotiated for transfer when the AIP is signed, and when Final agreement is signed. The Malachan parcels are different from Ditidaht’s IR 11 Malachan. The Malachan ITA Lands will only be transferred subject to the ability to remove lands out of TFL 44. Otherwise, alternate lands are to be negotiated.
What are the benefits of ITA Lands?
Incremental treaty lands can be used immediately for economic development or to build capacity. The Nation can also hold onto the land as part of a larger land plan. Land is transferred when a First Nation signs an ITA, when a First Nation signs an Agreement in Principle and when a First Nation signs a Final Agreement (but before implementation).
Once transferred, these lands will always be Ditidaht lands. If we successfully negotiate a final treaty, the land will become treaty settlement land. Without a treaty, Ditidaht will continue to hold the land in fee simple.
How does the Incremental Treaty Agreement work?
The incremental treaty agreement provides lands to Ditidaht now, which creates opportunities for Ditidaht to obtain economic benefits before treaty, and encourages all of the parties to work hard to achieve a final treaty. When AIP is completed, more incremental treaty lands transfer. If Final agreement is approved, additional Incremental Treaty lands transfer, along with all of the other treaty settlement lands to be negotiated.
How are ITA Lands different from TSL?
The treaty settlement lands negotiated under treaty will include the incremental treaty lands, but will not be limited to the ITA lands. If Ditidaht ever reaches a Final agreement in the treaty process, the ITA lands will become treaty lands, and will be subject to Ditidaht’s full jurisdiction and control. Even if no treaty is reached, Ditidaht will continue to be fee simple owners of the ITA lands transferred, forever.