FAQs

How is treaty going to generate funding to existing K’ómoks members?

2021-08-26T17:50:18+00:00

For the most part, the Treaty will create opportunities for members, but it is not a social program. At the same time, the Treaty will have several sources of revenue. There will be numerous economic opportunities created through the ownership of K’ómoks Lands and well as through the new forest tenures. There will be the income from the Capital Transfer, tax revenues (property tax, income tax and sales tax from Members and non-members), and from Revenue Sharing which is still being negotiated. These revenues will flow to the K’ómoks First Nation. There may also be money from Impact Benefit Agreements with [...]

How is treaty going to generate funding to existing K’ómoks members?2021-08-26T17:50:18+00:00

Under treaty, will we have clear title? Can we sell our homes to anyone, including Non-aboriginals?

2021-08-26T17:50:33+00:00

Treaty enables us to have clear title to our lands. Treaty also enables us to sell lands to third party non-members if we wish. Treaty also enables us to place restrictions on whom we sell lands to. We have not yet determined what sort of restrictions there will be on the sale of lands. The current thinking, from consultation with our band members, is that lands at our K’ómoks IR#1 on the K’ómoks Estuary should only be owned by KFN Members. This is something the K’ómoks First Nation will eventually decide on in consultation with the community, and subject to our [...]

Under treaty, will we have clear title? Can we sell our homes to anyone, including Non-aboriginals?2021-08-26T17:50:33+00:00

What can we do differently when K’ómoks reserve lands become Treaty Settlement Lands (TSL)? What can we do now with our reserve lands?

2021-08-26T17:50:47+00:00

There are limited economic opportunities on the reserve lands currently occupied by K’ómoks. Our land base will change from 813.5 acres, to over 12,500 acres owned by K’ómoks once the Treaty is fully implemented. Currently, we do not own our Indian reserves. These are owned by the federal government. We have the right to live on these reserves, but we cannot do many things on them without the permission of the Minister of Indian Affairs. Now that the Land Code is in effect, we have a lot more say over our I.R. lands, as Ministerial consent is no longer be required. [...]

What can we do differently when K’ómoks reserve lands become Treaty Settlement Lands (TSL)? What can we do now with our reserve lands?2021-08-26T17:50:47+00:00

Why will non-native residents on TSL have a voice in the decisions of the K’ómoks government? How are we going to deal with that?

2020-06-11T00:17:42+00:00

Non-native residents living on TSL are subject to K’ómoks law and as such it is important that they are heard when it comes to issues that may affect them significantly or directly. For example, within the Westbank First Nation there is a group of individuals who represent the non-member residents who meet regularly with the Westbank Government to discuss those types of decisions and other issues. How these non-member residents are heard is the subject of KFN consideration at this time and will be in accordance with K’ómoks law.

Why will non-native residents on TSL have a voice in the decisions of the K’ómoks government? How are we going to deal with that?2020-06-11T00:17:42+00:00

Is KFN aboriginal title to lands extinguished under treaty process?

2021-07-16T22:58:32+00:00

No, under a K’ómoks Treaty, rights will not be extinguished. A K’ómoks Treaty will specifically recognize Aboriginal Title. And, under a K’ómoks Treaty, if new rights are recognized by the courts, those will get incorporated into a K’ómoks Treaty.

Is KFN aboriginal title to lands extinguished under treaty process?2021-07-16T22:58:32+00:00

Does the Treaty affect K’ómoks people off-reserve? How?

2021-04-15T18:15:51+00:00

Yes. The Treaty creates an opportunity for economic development on KFN lands and through the forestry tenures. These opportunities will result in increased revenues to the K’ómoks Nation which will then allow for improved programs and services to all Members. All KFN status Indian Members remain eligible for all Indigenous programs and services from Indian Affairs which are not included in the KFN Treaty package. All status Indian Members will also be impacted by our negotiations on the continuation of the section 87 Indian Act tax exemption. All K’ómoks Members will also be entitled to benefit from any Members' benefit package [...]

Does the Treaty affect K’ómoks people off-reserve? How?2021-04-15T18:15:51+00:00

Are we ready for treaty? And if not, how fast can we be ready? I am talking internal processes, procedures, HR, etc. I have not seen a strategic plan for KFN? I could be mistaken; and a CCP is not same thing. What about our election code? Membership code? Etc.

2021-04-15T18:18:22+00:00

It is always a matter of opinion as to whether or not a nation is ready for a treaty and how fast it should move forward. I think the real question is whether K’ómoks wishes to continue with its small land base under the Indian Act where the Minister is in control of every aspect of K’ómoks activities, or whether K’ómoks wants to move forward as a self-governing nation. On this question, every eligible member will have an opportunity to express their opinion by way of a ratification vote. Both the band administration and the treaty team have strategic plans. These [...]

Are we ready for treaty? And if not, how fast can we be ready? I am talking internal processes, procedures, HR, etc. I have not seen a strategic plan for KFN? I could be mistaken; and a CCP is not same thing. What about our election code? Membership code? Etc.2021-04-15T18:18:22+00:00

Some say the new lands and monies will offset costs of treaty. It would if we had faith that we would benefit from our businesses. We have a housing shortage now with revenue being generated. Most of the jobs I see created are not paying a living wage, but I could be wrong.

2021-04-15T18:21:55+00:00

The purpose of a treaty is to create opportunities. A treaty cannot guarantee a job, or an income, or a standard of living, for individual members. However, it does guarantee access to existing programs and services that Indians are entitled to under the Indian Act and the universal social programs other Canadians are entitled to. A treaty is also intended to provide sufficient funds to for K’ómoks government operations. In that regard, we have done well. Currently the band receives about $207,000 for band governance, which is separate and in addition to the monies the band receives for programs and services [...]

Some say the new lands and monies will offset costs of treaty. It would if we had faith that we would benefit from our businesses. We have a housing shortage now with revenue being generated. Most of the jobs I see created are not paying a living wage, but I could be wrong.2021-04-15T18:21:55+00:00

What is the cost of treaty to individuals – should we not know more by now? We lose gas and sales tax exemption at certain point, but there are more costs. There will be property tax. How will that work for us? There will be income tax. Will other things currently free be charged to us (i.e., probating a will)? Well probating a will was free. These costs may not sound huge, but they are if you are not making a living wage or are on a fixed income.

2021-08-26T18:54:16+00:00

Under the old treaty model, the K’omoks First Nation would collect the sales tax, property tax and other tax revenues, so there would no net loss, but members would pay taxes to the Nation. We are currently in negotiations with a group First Nations in Stage 5 of the BC Treaty Process and the Department of Finance to maintain the existing tax exemption.  The group has developed a “principled approach”: All individuals keep their personal tax exemption Modern Treaty status Indians should not be treated differently Because Treaty Settlement Lands will no longer be “Indian Reserves”, the exemption will no longer [...]

What is the cost of treaty to individuals – should we not know more by now? We lose gas and sales tax exemption at certain point, but there are more costs. There will be property tax. How will that work for us? There will be income tax. Will other things currently free be charged to us (i.e., probating a will)? Well probating a will was free. These costs may not sound huge, but they are if you are not making a living wage or are on a fixed income.2021-08-26T18:54:16+00:00

Why does KFN lands and money offer seem to be so small, even in comparison to Nations of a similar size?

2021-04-15T18:25:40+00:00

Yes, the amount of money and land seems smalls compared to some First Nations. However, the reality is that the fiscal mandate that both Canada and British Columbia have is primarily based on a per capita formula. In other words, the land and cash values of any treaty will be similar, with the difference being in population and the type of land. For example, in the Tsawwassen treaty, they received a relatively small amount of land, but it is of high value and they were able to quickly develop it, creating numerous economic opportunities. In the case of Tsawwassen (just over [...]

Why does KFN lands and money offer seem to be so small, even in comparison to Nations of a similar size?2021-04-15T18:25:40+00:00
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