An ITA is a legally-binding pre-treaty agreement negotiated, under a B.C. generated process, by the Province and First Nation or First Nations at a treaty negotiation table. An ITA is not a replacement for treaty. Rather, it advances treaty-related benefits for the First Nations and the Province prior to a Final Agreement.

For a list of BC First Nations with an Incremental Treaty Agreement refer to:

Incremental Treaty Agreement (ITA)

Incremental Treaty Agreement Between the Province of British Columbia and Kaska Dena Council (2013)
14.98 MB 71 downloads

In 2013, Kaska Dena Council signed an Incremental Treaty Agreement (ITA), supported by Band Council Resolutions (BCRs) from Daylu Dena Council, Dease River First Nation, and Kwadacha Nation. The ITA agreed to the transfer of 10 parcels of land over 4 years to Kaska Dena.

Incremental Treaty Agreement Between the Province of British Columbia and Kaska Dena Council, Amending Agreement (2016)
1.91 MB 56 downloads

In 2015, an amendment to the original Incremental Treaty Agreement (ITA) was negotiated due to the return to the province of two parcels of ITA Land (Troutline In-take and Troutline Power-House). The province agreed to the transfer of 5 parcels of land in exchange for the Troutline parcels.

    ITA Intent and Beneficiaries

    Intent of ITA

    The underlying intent of the ITA is to provide the BC Kaska Dena (defined below) with incremental economic benefits in advance of a final treaty agreement. Notably, section 2.1 of the ITA specifically states that the benefits provided to the BC Kaska Dena under the ITA, which benefits include the ITA Lands, will be counted as a portion of the Province’s contribution towards the settlement under the final treaty agreement.

    Beneficiaries

    Although the ITA is an agreement between the KDC and the Province of British Columbia, the intended beneficiaries are the BC Kaska Dena who have entered into the ITA for, and on behalf of, their Members.

    ITA Land Management

    Land Corporations (Designated Companies)

    A designated company is defined in the ITA as a company whose shares are wholly owned directly or indirectly, legally, and beneficially, by the BC Kaska Dena, and which the BC Kaska Dena has designated to take fee simple title to any of the ITA Lands. There are four active land corporations that have been incorporated for the purposes of the land transfers under the ITA – one for each of the three BC Kaska Dena, and one for the collective of BC Kaska Dena (Daylu Dena Council, Dease River First Nation, and Kwadacha Nation), as follows:

    The following table provides a summary of the current shareholders, directors, and land holdings of these four land corporations:

    Land CorporationShareholderCurrent DirectorCurrent Land Holdings
    Kaska ITA Land CorporationDRFN (1 share)
    DDC (1 share)
    KFN (1 share)
    Betty ShepherdTurnagain River
    Dease River First Nation Land CorporationDRFN (100 shares)Ruby JohnnyOld Faddy
    Rapid River
    1072581 BC Ltd.DDC (100 shares)Walter CarlickNo lands transferred to date
    Kwadacha Land CorporationKFN (100 shares)Donny Van SomerFinbow
    Obo Lake Camp
    Fort Ware North

    The following ITA Lands remained to be transferred:

    • Lower Post ITA Site: available to be transferred on request;
    • Fireside: surveyed in 2017, and to be transferred to Kaska ITA Land Corporation in 2018;
    • Liard Bench: surveyed in 2017, and to be transferred to Kaska ITA Land Corporation in 2018;
    • Good Hope Lake, South: expected transfer to Dease River First Nation Land Corporation in 2019;
    • Keane Lake: expected transfer to Dease River First Nation Land Corporation in 2019;
    • Cotton Lake: expected transfer to Dease River First Nation Land Corporation in 2019.