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:
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.
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.
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.
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.
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 Corporation | Shareholder | Current Director | Current Land Holdings |
|---|---|---|---|
| Kaska ITA Land Corporation | DRFN (1 share) DDC (1 share) KFN (1 share) | Betty Shepherd | Turnagain River |
| Dease River First Nation Land Corporation | DRFN (100 shares) | Ruby Johnny | Old Faddy Rapid River |
| 1072581 BC Ltd. | DDC (100 shares) | Walter Carlick | No lands transferred to date |
| Kwadacha Land Corporation | KFN (100 shares) | Donny Van Somer | Finbow Obo Lake Camp Fort Ware North |
The following ITA Lands remained to be transferred:
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