British Columbia recognizes the Haida Nation’s governance and self-determination rights, gives the Council of the Haida Nation authority to act for the Haida Nation, limits damages claims against certain Haida Nation public officials, and states that the Act comes into force by regulation.
Haida Nation Recognition Act 24 2023 May 11, 2023 712470149/1310458111/624960868 E4tlc23024 1 Governance Haida Nation 1 The government of British Columbia recognizes that a the Haida Nation has inherent rights of governance and self-determination, and b the Council of the Haida Nation is the government of the Haida Nation. Council of the Haida Nation 2 1 The purpose of this section is to facilitate the exercise of the rights recognized in section 1 and not to define those rights. 2 The Council of the Haida Nation has the right to act on behalf of the Haida Nation and has the power and capacity of a natural person. Immunity from legal proceedings 3 1 Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a public official of the Haida Nation because of anything done or omitted in the exercise or intended exercise of the responsibilities of the public official. 2 Subsection (1) does not apply to a public official referred to in that subsection in relation to anything done or omitted in bad faith. 3 Subsection (1) does not absolve any of the following entities from vicarious liability arising out of anything done or omitted by a public official referred to in that subsection for which the entity would be vicariously liable if this section were not in force: a the Haida Nation; b the Council of the Haida Nation; c an entity established by the Haida Nation or the Council of the Haida Nation to deliver public services or programs. Not in force 4 [Not in force.] 2 Lands 1 Aboriginal Title Aboriginal title 4.1 1 The government of British Columbia recognizes that the Haida Nation has aboriginal title within the meaning of section 35 of the Constitution Act, 1982 to land on Haida Gwaii, as described in the Schedule to this Act. 2 For certainty, the recognition in subsection (1) engages the honour of the Crown. 2 Reconciliation Measures Agreement 4.2 The government of British Columbia acknowledges that the Haida Nation has consented, if and as necessary, in the Gaayhllxid ⢠GiÌihlagalgang "Rising Tide" Haida Title Lands Agreement, to the measures set out in this Division. Estates in fee simple 4.3 The following interests in and rights in relation to land on Haida Gwaii, whether arising before or after this section comes into force, are confirmed and continued: a an estate in fee simple; b an interest in or right in relation to land that derives from, burdens or otherwise relates to an estate in fee simple. Interim measures in relation to land 4.4 1 The government of British Columbia acknowledges that the measures set out in this section are interim measures and that changes to the laws of the Haida Nation and the laws of British Columbia are necessary to reconcile systems of law and governance on Haida Gwaii. 2 Enactments of British Columbia in relation to Crown land continue to apply in relation to land that is held by the Haida Nation in aboriginal title. 3 For certainty, enactments of British Columbia that are applied by subsection (2) in relation to land that is held by the Haida Nation in aboriginal title are to be administered consistently with that aboriginal title and section 35 of the Constitution Act, 1982 . 4 Interests in and rights in relation to land on Haida Gwaii, other than interests or rights referred to in section 4.3, are continued. Act binding on government of British Columbia 4.5 Despite section 14 (2) of the Interpretation Act , this Act binds the government of British Columbia in relation to land on Haida Gwaii. Commencement 5 This Act comes into force by regulation of the Lieutenant Governor in Council. Schedule All the land, including foreshore and land covered by water, outlined in blue on the map attached as Appendix B to the Gaayhllxid ⢠GiÌihlagalgang "Rising Tide" Haida Title Lands Agreement.