K’ómoks Treaty Negotiations

Treaty progress overview

Since 1994, K’ómoks has been involved in treaty negotiations with Canada and the B.C.

On July 22, 2024, the chief negotiators from all three parties — K’ómoks, Canada and B.C.—initialled the K’ómoks Treaty.

Initialling marked an important milestone in the treaty journey, as it signalled the conclusion of substantive negotiations. Initialling was subject to important caveats, including Canada and B.C. fulfilling their duty to consult other First Nations and the completion of a final legal and technical review of the treaty.

The legal and technical review of the treaty concluded in November 2024, resulting in the ratification version of the K’ómoks Treaty. Since then, minor change negotiations have been ongoing as outlined in the General Provisions Chapter of the K’ómoks Treaty. At the same time, Crown consultation with neighbouring First Nations has remained ongoing.

As negotiations have concluded, the parties are ratifying the treaty through their respective processes and preparing to move to stage 6 – Implementation of the Treaty – of the B.C. Treaty Process. 
Read more about the process

On March 8, 2025, K’ómoks First Nation held its community ratification vote for eligible voters, who voted in favour of ratifying the K’ómoks Treaty and self-government constitution (PDF, 250KB).

The next party to ratify the treaty is B.C. On April 14, 2026, B.C. introduced provincial treaty implementation legislation — the K’ómoks Treaty Act, 2026 — in the B.C. Legislature as the first step in the provincial government’s ratification of the K’ómoks Treaty.

Read the version of the K’ómoks Treaty (PDF, 10MB) and K’ómoks Treaty Appendices (PDF, 31MB) introduced in the B.C. Legislature on April 14, 2026. Please note this version of the K’ómoks Treaty and Appendices incorporates minor changes agreed to by the parties and replaces the “ratification version.”

There are still several steps for all parties to take before ratification of the treaty is complete.

The K’ómoks First Nation

tuwa akʷs χoχoɬ ʔa xʷ yiχmɛtɛt (ʔa) kʷʊms hɛhaw tʊms gɩǰɛ 
“Care takers of the ‘land of plenty’ since time immemorial”

K’ómoks traditional territory spans the Comox Valley in the central eastern part of Vancouver Island, extending into Johnstone Strait. The K’ómoks Nation has approximately 350 members, primarily located in the Comox Valley.

Oral histories and archaeology describe a rich and bountiful relationship between the K’ómoks people and their territory. Salmon, herring, shellfish, herring, deer, elk, seal, cod, rockfish, geese, duck, and a plethora of berries and plant foods filled the bellies of young and old alike. The harvest, preparation and cultivation of local resources were appropriate to the environment, resource, and spiritual beliefs. Fish weirs, clam gardens, duck nets, berry picking techniques and clothing design met the needs of the K’ómoks people, and for generations provided variety, utility, and sense of cultural uniqueness. Mask dances and rhythmic songs filled the winter nights and throughout the seasons. Property was distributed to guests in potlatches and elaborate naming ceremonies honoured the youth, leaders, and Elders of the communities.

Today, K’ómoks is active in the local economy and has strong relationships with local governments, which are supportive of the treaty. Local governments in the region have worked together with K’ómoks for years to prepare for the treaty, including co-investing in water treatment and management and sewage infrastructure for the region. 

Summary of treaty negotiations

K’ómoks entered treaty negotiations in 1994. The treaty table includes K’ómoks, Canada, B.C., the British Columbia Treaty Commission, and a local government representative from the Comox Valley Regional District.

In 2012, negotiators for K’ómoks, Canada, and B.C. reached an Agreement-in-Principle (AIP), establishing agreement on the substantive elements to be detailed in the completed treaty.

In the years since, K’ómoks, B.C. and Canada have engaged with all levels of government, industry, interest holders, and people in the region on various elements of the treaty. K’ómoks has worked closely with its local government partners to invest in shared services and regional economic development. During this time, B.C. and Canada have also continued to consult with neighbouring First Nations as the negotiations progressed.

Initialling the K’ómoks Treaty in July 2024 signalled the conclusion of substantive negotiations, subject to certain caveats such as ongoing legal and technical review and consultation with neighbouring First Nations.

The legal and technical review of the treaty concluded in November 2024, resulting in the ratification version of the treaty. Since then, minor change negotiations have been ongoing as outlined in the General Provisions Chapter of the treaty. At the same time, Crown consultation with neighbouring First Nations has remained ongoing.
These steps sets the stage for each party’s ratification process.

On March 8, 2025, K’ómoks held their ratification vote for eligible voters, who voted in favour of ratifying the treaty and self-government constitution. For community ratification, the treaty and constitution require a double majority vote outcome by K’ómoks eligible voters. This means more than 50% of eligible voters on the voters list cast a ballot, and more than 50% of those voters cast a ballot in favour of the treaty and constitution.

Of the 91% of eligible voters who voted on the treaty and constitution, 81% voted “yes” on the treaty and 83% voted “yes” on the constitution. Based on these results, the ratification vote thresholds were met.

Ratification for both B.C. and Canada is a multistep process following the ratification process of the Nation. For B.C. the first step in ratification involves the passing of treaty implementation legislation. This would be followed by the signing of the treaty by all the parties and the passing of federal implementation legislation. However, full ratification requires the coming into effect of the treaty. The period between the signing and the Effective Date of the treaty is used by all parties to prepare for the coming into effect of the treaty.

Overview of the K’ómoks Treaty

K’ómoks, B.C. and Canada have been negotiating the agreement in stages as part of the BC Treaty Process.
Read more about the process

Each stage has included engagement with the public and interest holders. Local government representatives have also sat at the negotiation table as part of the provincial negotiating team. This approach provides opportunities for people and key interest holders to share their interests and help shape treaty provisions that work for all.

Crown consultations with neighbouring Nations have also been ongoing throughout each stage of the negotiations. This process aims to ensure that potential adverse impacts on the rights of neighbouring Nations are avoided, mitigated or otherwise accommodated, where appropriate.

As a result, the treaty reflects work done together on shared regional priorities established in the 2012 AIP. Read the Agreement-in-Principle (PDF, 14MB).

If ratified by all parties, the K’ómoks Treaty will:

• Ensure Aboriginal rights are recognized and not extinguished or modified, and describe how K’ómoks rights will be exercised
• Clarify that the treaty does not affect or recognize the rights of neighbouring First Nations
• Lay out negotiated approaches to self governance, and confirm land parcels totalling approximately 34.42 km² (3,442 hectares or 8,505 acres) to be owned and governed by K’ómoks, with an ability for K’ómoks to purchase and add up to 15.92 km² (1,592 hectares or 3,934 acres) of pre-approved additional land over time
• Address existing interests and tenures on proposed treaty lands (interest-holders have been engaged on the proposed approach to their tenure or interest)
• Commit K’ómoks and B.C., in light of shared concern for sustainable watersheds, to develop a water scarcity management agreement for collaborative groundwater management under provincial legislation, with engagement from the region’s water users, and
• Consultation and opportunities for co-management of resources for K’ómoks within the K’ómoks territory.

The treaty will provide the basis for a revitalized relationship between K’ómoks and all levels of government by fostering shared understanding about K’ómoks rights and delivering economic predictability in the region. The Treaty is intended to create jobs, promote investment and economic development, build housing, support tourism, encourage investments in infrastructure and support social well-being for the K’ómoks community, all of which will benefit the entire Comox Valley and surrounding area.

The B.C. treaty negotiations process has always been guided by the principle that private property (fee simple land) is only on the negotiation table on a willing-buyer, willing-seller basis. Private fee simple property rights are protected through this process. The proposed treaty lands for the K’ómoks Treaty do not include private property, except land already owned by K’ómoks.

More information about the K’ómoks Treaty can be found in the following fact sheets:

• Treaty overview (PDF, 400KB)
• Governance (PDF, 100KB)
• Lands and access (PDF, 1MB)

K’ómoks Estuary Consent Agreement

The K’ómoks Estuary has been a place of significance for the K’ómoks peoples, who lived in villages on both sides of the estuary since time immemorial. It is also a vital, ecologically significant habitat that supports hundreds of bird and plant species and all five Pacific salmon species. In recognition of the rights held by K’ómoks in the K’ómoks Estuary as well as the cultural significance of the area, B.C. and K’ómoks, through the treaty, will enter into a process of consent-based decision making in relation to the K’ómoks Estuary on the effective date of the K’ómoks Treaty.

The K’ómoks Estuary Consent Agreement (PDF, 960KB) is an agreement that will establish a consent-based decision-making process between B.C. and K’ómoks in the K’ómoks Estuary related to certain Land Act tenures, specifically leases, licences of occupation, rights of way or easements. Through this process, the parties would seek consensus in accordance with shared principles. Existing infrastructure tenures and public access to the estuary are not impacted by the agreement.

Negotiated as a side agreement to the K’ómoks Treaty, the K’ómoks Estuary Consent Agreement will come into effect on the effective date of the treaty (should the treaty be approved and ratified). Side agreements sit outside the treaty, are not constitutionally protected, and support the implementation of specific treaty commitments. They are publicly available and may be updated over time.

Recent engagement

Local government, interest holder and public engagement is important. Engagement provides an opportunity for local governments, interest holders and the public to learn more about the treaty and discuss hopes and issues for the treaty and its implementation.

From May to October 2022, K’ómoks, Canada and B.C. engaged with local communities in the region via local government presentations, open houses, community events, and mailed materials.

A What We Heard Report was developed from discussions with the public on the closing of treaty negotiations. This report describes the engagement activities and participation rates, including feedback and questions collected during the engagement process, along with responses given by the negotiating partners.

Read the What We Heard Report (PDF, 2MB).

In recent years, correspondence has been sent to, and meetings have been held with, interest and tenure holders to discuss forms of replacement tenures and the arrangements for continuation of interests such as water licences and woodlots.

In the lead up to provincial ratification of the K’ómoks Treaty, the parties have also engaged with various provincial and local organizations, local governments, interested parties and interest holders to update them on the status of the ratification process.