Nisga'a Nation, an aboriginal people of Canada, and the Governments of Canada and British
Columbia have ratified the Nisga'a Final Agreement. The
Agreement constitutes the first modern-day treaty in British Columbia and contains
provisions on fisheries, lands and resources, access to lands, environmental assessment
and protection, Nisga'a government, taxation, financial transfers and cultural artifacts.
Nisga'a Final Agreement provides that all federal and provincial laws of general
application continue to apply to the Nisga'a and Nisga'a Lands unless the Final Agreement
specifically states otherwise. The Agreement
does not affect existing federal or provincial jurisdiction or matters of industrial
relations. Employers and employees operating on Nisga'a lands will continue to be covered
by existing federal and provincial laws depending on the specific nature of the business
in question. This will be the case
regardless of whether the business is owned/managed by aboriginal people or by
63-67 at Chapter 11 of the Nisga'a Final Agreement relate specifically to labour relations
Duty to Accommodate
63. Nisga'a Lisims Government may make laws
prescribing the aspects of Nisga'a culture, including aspects such as cultural leave from
employment, to be accommodated in accordance with federal and provincial laws of general
application by employers and employees' organizations that have the duty to accommodate
employees under those federal and provincial laws.
If, in any industrial relations matter or industrial relations proceeding involving
individuals employed on Nisga'a Lands, other than a matter or proceeding arising from a
collective agreement, an issue arises in respect of this Agreement or Nisga'a culture, the
matter or proceeding will not be concluded until notice has been served on Nisga'a Lisims
Government in accordance with the rules for giving notice that govern that matter or
In any industrial relations matter or industrial relations proceeding to which paragraph
64 applies, Nisga'a Lisims Government may make representations concerning this Agreement
or the effect of the matter or proceeding on Nisga'a culture.
Any representations of Nisga'a Lisims Government in an industrial relations matter or
industrial relations proceeding before a board, commission, or other tribunal under
paragraph 65 will be in accordance with the rules in respect of the industrial relations
matter or proceeding and will not affect the ability of the board, commission, or other
tribunal to control its process.
For greater certainty, paragraphs 64 to 66 do not affect federal or provincial
jurisdiction in respect of industrial relations, employment standards, and occupational
health and safety.