The British Columbia government has introduced legislation that would establish the provincial legal framework needed to implement the K’ómoks Treaty, marking an important milestone in treaty negotiations that have been underway for more than 30 years.
The proposed K’ómoks Treaty Act, 2026 (Bill 20) is the first stage of British Columbia’s ratification process for the modern treaty negotiated between K’ómoks First Nation, the Province of British Columbia and the Government of Canada. Negotiations began in 1994 and have resulted in a comprehensive agreement addressing governance, lands, resources and self-government.
While the legislation represents significant progress, the treaty would not come into force immediately if Bill 20 is passed. Instead, the legislation establishes the provincial legal framework required for implementation. Additional constitutional and legislative steps remain before the treaty can take legal effect.
Those steps include the formal signing of the treaty by K’ómoks First Nation, British Columbia and Canada, the passage of federal ratification legislation, and the completion of implementation measures that establish an agreed-upon effective date.
Treaty Settlement Lands
Under the negotiated agreement, approximately 3,442 hectares of treaty settlement lands would be transferred to K’ómoks First Nation.
The settlement lands include a combination of former reserve lands, Crown lands transferred under the treaty, and other lands defined within the negotiated agreement. Rather than representing a conventional land transfer, these lands would be governed under the specific legal framework established by the treaty, with constitutionally protected governance and jurisdiction provisions.
Provincial officials say the treaty is intended to provide greater certainty for land and resource management while supporting Indigenous self-government, economic development and long-term collaborative relationships.
Distinguishing Treaty Lands from Traditional Territory
The treaty also highlights the importance of distinguishing between several different legal and geographic concepts.
Treaty settlement lands are the specific parcels of land identified within the agreement. They are separate from the broader traditional territory historically used by K’ómoks First Nation and other Indigenous communities, as well as from areas where harvesting rights or Crown consultation obligations may apply.
These distinctions are particularly important on the northeast coast of Vancouver Island, where neighbouring First Nations maintain overlapping historical connections and territorial assertions. As a result, the geographic extent of treaty settlement lands should not be interpreted as encompassing the entirety of K’ómoks traditional territory or areas where other Nations also assert rights and interests.
Consultation Remains Part of the Process
The provincial government has confirmed that consultation with neighbouring First Nations continues as part of the treaty ratification and implementation process.
This consultation is not simply an administrative step. It forms part of the Crown’s legal obligations throughout treaty implementation and reflects the complex reality of overlapping territorial interests in British Columbia.
Several neighbouring Nations have publicly expressed concerns regarding overlapping territorial claims and have called for those issues to be addressed as the treaty process moves forward. The ongoing consultation process is intended to help ensure that these constitutional obligations are met before the treaty is fully implemented.
A Multi-Stage Constitutional Process
If the treaty proceeds, it will become one of the relatively few modern treaties completed in British Columbia, illustrating both the complexity and the significance of treaty negotiations in the province.
However, Bill 20 represents one stage in a broader constitutional process rather than the final step. The treaty will only come into force after provincial legislation, formal treaty signing by all parties, federal ratification legislation, and coordinated implementation measures have all been completed.
The K’ómoks Treaty is intended to provide a framework for reconciliation, self-government and long-term certainty while recognizing that treaty implementation occurs within a region where multiple Indigenous Nations maintain longstanding historical relationships and overlapping territorial interests. Continued consultation among governments and neighbouring Nations remains an essential part of achieving that objective.
