Tsawwassen First Nation Final Agreement





SIGNATORIES TO THE AGREEMENT

Signed by the Parties to the Tsawwassen First Nation Final Agreement and dated for reference this   6th   day of December, 2007 / Signé par les parties à l'Accord définitif de la Première Nation de Tsawwassen et ayant comme date de réféerence le   6th   décembre 2007.

FOR THE TSAWWASSEN FIRST NATION / POUR LA PREMIÈRE NATION DE TSAWWASSEN signed in the province of Ontario this   6th   day of December, 2007 / Signé dans la province de l'Ontario le   6th   décembre 2007.

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Kim Baird
Chief, Tsawwassen First Nation/chef de la Première Nation de Tsawwassen
Witnessed by/Témoin : Laura Cassidy
Councillor, Tsawwassen First Nation/conseillère de la Première Nation de Tsawwassen

FOR HER MAJESTY THE QUEEN IN RIGHT OF CANADA/POUR SA MAJESTÉ LA REINE DU CHEF DU CANADA  : signed in the province of Ontario, this   6th   day of December, 2007 / Signé dans la province de l'Ontario le   6th   décembre 2007.

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Her Majesty the Queen in Right of Canada as represented by/Sa Majesté la Reine du chef du Canada représentée par :
The Honourable Chuck Strahl, P.C., M.P., Minister of Indian Affairs and Northern Development/l'honorable Chuck Strahl, C.P., député, ministre des Affaires indiennes et du Nord canadien.
Witnessed by/Témoin : Tim E. Koepke
Chief Federal Negotiator/négociateur fédéral en chef


FOR HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA/POUR SA MAJESTÉ LA REINE DU CHEF DE LA COLOMBIE-BRITANNIQUE  : signed in the province of Ontario, this   6th   day of December, 2007 / Signé dans la province de l'Ontario le   6th   décembre 2007.

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Her Majesty the Queen in Right of British Columbia as represented by/Sa Majesté la Reine du chef de la Colombie-Britannique représentée par :
The Honourable Michael de Jong, Minister, Aboriginal Relations and Reconciliation/ l'honorable Michael de Jong, ministre - Aboriginal Relations and Reconciliation
Witnessed by/Témoin : Bronwen Beedle
Chief Provincial Negotiator/négociatrice provinciale en chef




PREAMBLE

WHEREAS:

A. Tsawwassen First Nation are Coast Salish, an aboriginal people, and speak a dialect of the Hun'qum'i'num language;

B. Tsawwassen First Nation claim aboriginal rights based on their assertion of a unique, current and historical, cultural connection and use, since time immemorial, to the lands, waters and resources surrounding those areas of Roberts Bank, the Fraser River, the Fraser River estuary, Pitt Lake, the Pitt River, the Serpentine River, the Nicomekl River, Boundary Bay and the Gulf Islands, that comprise Tsawwassen Territory in Canada;

C. The Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada, and the courts have stated that aboriginal rights include aboriginal title;

D. Tsawwassen First Nation asserts that it has an inherent right to self-government, and the Government of Canada has negotiated self-government in this Agreement based on its policy that the inherent right to self-government is an existing aboriginal right within Section 35 of the Constitution Act, 1982;

E. Tsawwassen First Nation has never entered into a treaty or land claims agreement with the Crown;

F. Canada established Tsawwassen Indian Reserve for the benefit of the Tsawwassen Indian Band;

G. Tsawwassen First Nation and Canada are signatories to the Framework Agreement on First Nation Land Management, and Canada transferred to Tsawwassen First Nation land management authority for Tsawwassen Indian Reserve;

H. Tsawwassen First Nation's existing aboriginal rights are recognized and affirmed by the Constitution Act, 1982, and the Parties have negotiated this Agreement under the British Columbia Treaty Commission process to provide certainty in respect of those rights and to allow them to continue and to have the effect and be exercised as set out in this Agreement;

I. Canada and British Columbia acknowledge the perspective of Tsawwassen First Nation that harm and losses in relation to its aboriginal rights have occurred in the past and express regret if any acts or omissions of the Crown have contributed to that perspective, and the Parties rely on this Agreement to move them beyond the difficult circumstances of the past;

J. Canada and British Columbia acknowledge the aspiration of Tsawwassen First Nation to preserve, promote and develop the culture, heritage, language and economy of Tsawwassen First Nation;

K. Canada and British Columbia acknowledge the aspiration of Tsawwassen First Nation and Tsawwassen people to participate more fully in the economic, political, cultural and social life of British Columbia in a way that preserves and enhances the collective identity of Tsawwassen people as Tsawwassen First Nation, and to evolve and flourish in the future as a self-sufficient and sustainable community; and

L. The Parties are committed to the reconciliation of the prior presence of Tsawwassen First Nation and of the sovereignty of the Crown through the negotiation of this Agreement which will establish a new government to government relationship based on mutual respect;

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:




CHAPTER 1 - DEFINITIONS

In this Agreement:

"Agreed-Upon Programs and Services" means those programs and services agreed to by the Parties to be made available by Tsawwassen First Nation, towards which Canada or British Columbia agrees to contribute funding, and set out in a Fiscal Financing Agreement;

"Agreement" means this Tsawwassen First Nation Final Agreement among Tsawwassen First Nation, British Columbia and Canada, including all schedules and appendices to it;

"Aquatic Plants" includes all benthic and detached algae, brown algae, red algae, green algae, golden algae and phytoplankton, and all marine and freshwater flowering plants, ferns and mosses, growing in water or soils that are saturated during most of the growing season;

"Archaeological Human Remains" means human remains, of aboriginal ancestry, that are found within Tsawwassen Territory and determined not to be the subject of investigation by police or a coroner;

"Associated Burial Object" means an object that, by its attributes or location, can be demonstrated to have been placed in direct association with the burial or other funereal practice in respect of a human being, as part of the burial or other funereal practice;

"Associated Entities" means:

a. the Greater Vancouver Water District;

b. the Greater Vancouver Sewerage & Drainage District;

c. the Greater Vancouver Transportation Authority; and

d. the Greater Vancouver Housing Corporation.

"Beach Grove Parcels" means the Beach Grove Parcels set out in Appendix O – 2;

"Boundary Bay Parcels" means the Boundary Bay Parcels set out in Appendix E – 2;

"Burns Bog Ecological Conservancy Area" means the area set out in Appendix M that is administered under the Burns Bog Management Agreement between Canada, British Columbia, the Greater Vancouver Regional District and the Corporation of Delta, dated March 23, 2004, and managed as a functional raised bog ecosystem;

"Canadian Total Allowable Catch" means, in respect of a stock or species of Fish, the amount of the stock or species that the Minister determines is available for harvest or is harvested in Canadian waters in aboriginal, commercial and recreational fisheries;

"Capital Transfer" means an amount paid by Canada to Tsawwassen First Nation under the Capital Transfer and Negotiation Loan Repayment chapter;

"Certificate of Transfer" means a certificate issued by Tsawwassen First Nation in accordance with Tsawwassen Law certifying that the transferee named in the certificate is a permitted transferee of a fee simple interest in Tsawwassen Lands;

"Child" means an individual under the age of majority under Provincial Law;

"Child Care" means the care, supervision, social or educational training, including preschool education, or physical or mental rehabilitative therapy, of a child under the age of 13 years, with or without charge, by a caregiver other than the child's Parent, but does not include an educational program provided under the School Act or the Independent School Act or a Tsawwassen Law in relation to kindergarten to grade 12 education;

"Child in Need of Protection" has the same meaning as under Provincial Law;

"Child Protection Service" means a service that provides for the protection of Children, where the primary objective is the Safety and Well-Being of Children, having due regard for:

a. protection from abuse, neglect, and harm, or threat of abuse, neglect, or harm, and any need for intervention;

b. Children in Care;

c. support of families and caregivers to provide a safe environment and prevent abuse, neglect, and harm, or threat of abuse, neglect, or harm; and

d. support of kinship ties and a Child's attachment to the extended family;

"Children in Care" means a Child who is in the custody, care or guardianship of a Director or an individual designated with comparable authority under Tsawwassen Law;

"Community Correctional Services" means:

a. community supervision of offenders subject to court orders, including youth justice court orders, and offenders on conditional and interim release, including temporary release from a youth custody centre;

b. preparation of reports for courts, correctional centres, youth custody centres, crown counsel and parole boards;

c. the operation of diversion programs and the supervision of diverted offenders;

d. provision of community based programs and interventions for offenders;

e. identification of and referral to appropriate community resources;

f. assistance in establishing programs to meet the needs of youth in conflict with the law; and

g. other community correctional and community youth justice services as may be delivered by British Columbia or Canada from time to time;

"Conflict" means actual conflict in operation or operational incompatibility;

"Consult" means provision to a party of:

a. notice of a matter to be decided;

b. sufficient information in respect of the matter to permit the party to prepare its views on the matter;

c. a reasonable period of time to permit the party to prepare its views on the matter;

d. an opportunity for the party to present its views on the matter; and

e. a full and fair consideration of any views on the matter so presented by the party;

"Contaminated Sites" has the same meaning as contaminated sites in the Environmental Management Act;

"Contamination" has the same meaning as contamination in the Environmental Management Act;

"Core Mandatory Regional Services" means those services that are core mandatory regional services delivered by the Greater Vancouver Regional District to all members as authorized under provincial legislation, Greater Vancouver Regional District letters patent or a service establishment bylaw adopted by the board of the Greater Vancouver Regional District;

"Crown" means Her Majesty the Queen in right of Canada or Her Majesty the Queen in right of British Columbia, as the case may be;

"Crown Corridor" means a road, highway or right of way, including the Road Allowance, that is on Crown land and is used for transportation or public utility purposes, including Highway #17 and Deltaport Way;

"Cultural Heritage Site" means an area within a National Park or National Marine Conservation Area that has heritage value to a group, including aboriginal people, a community and other Canadians, and may include a traditional use, archaeological, funereal or sacred site;

"Cultural Property" means:

a. ceremonial regalia and similar personal property associated with a chief, clan or family; or

b. other personal property that has cultural significance to Tsawwassen First Nation;

"Deltaport Way Corridor" means the Road Allowance and any area of land occupied by the Railway Works, as shown in Appendix R;

"Designated Migratory Bird Population" means a population of a species of Migratory Bird that has been designated by the Minister under the Migratory Birds chapter;

"Designated Wildlife Species" means a species of Wildlife designated under clause 27 of the Wildlife chapter;

"Direct" has the same meaning, for the purposes of distinguishing between a direct tax and an indirect tax, as in class 2 of section 92 of the Constitution Act, 1867;

"Director" means an individual designated as a director by the Minister under the Child, Family and Community Service Act or the Adoption Act, as applicable;

"Disagreement" means any conflict or dispute to which the Dispute Resolution chapter applies as set out in clause 6 of that chapter;

"Dispose" means, except in the Taxation chapter, to transfer or alienate by any method and includes assign, give, sell, grant, charge, convey, bequeath, devise, lease, divest, release, and agree to do any of those things;

"Domestic Purposes" means food, social or ceremonial purposes;

"Effective Date" means the date upon which this Agreement takes effect;

"Enhancement Initiative" means an initiative that is intended to result in an increase in the abundance or variety of a stock or species of Fish through:

a. the creation of or improvement to Fish habitat; or

b. the application of Fish culture technology;

"Environment" means the components of the earth and includes:

a. air, land, and water;

b. all layers of the atmosphere;

c. all organic and inorganic matter and living organisms; and

d. interacting natural systems that include the components referred to in a, b or c;

"Environmental Assessment" means an assessment of the environmental effects of a project;

"Environmental Emergency" means an uncontrolled, unplanned, or accidental release, or release in contravention of laws or regulations, of a substance into the Environment, or the reasonable likelihood of such a release into the Environment, that:

a. has or may have an immediate or long term harmful effect on the Environment;

b. constitutes or may constitute a danger to the Environment on which human life depends; or

c. constitutes or may constitute a danger in Canada to human life or health;

"Family Development Service" means a service that provides support and development for community life and the wellbeing of families;

"Federal Expropriating Authority" means Canada or any other entity authorized under federal legislation to expropriate land or an interest in land;

"Federal Law" includes federal statutes, regulations, ordinances, orders-in-council, and the common law;

"Federal and Provincial Law" means a Federal Law and a Provincial Law;

"Federal or Provincial Law" means a Federal Law or a Provincial Law;

"Federal Project" means a project, as defined in the Canadian Environmental Assessment Act, that is subject to an Environmental Assessment under that act;

"Federal Settlement Legislation" means the act of Parliament that gives effect to this Agreement;

"First Nation Government in British Columbia" means the government of a First Nation in British Columbia that has a treaty or a lands claims agreement in effect with Canada and British Columbia;

"Fiscal Financing Agreement" means an agreement negotiated among the Parties in accordance with the Fiscal Relations chapter;

"Fish" means:

a. fish, Intertidal Bivalves and other shellfish, crustaceans and marine animals, excluding cetaceans;

b. the parts of fish, Intertidal Bivalves and other shellfish, crustaceans, and marine animals, excluding cetaceans; and

c. the eggs, sperm, spawn, larvae, spat, juvenile stages and adult stages of fish, Intertidal Bivalves and other shellfish, crustaceans and marine animals, excluding cetaceans;

"Forest Resources" means all Timber Resources, medicinal plants, fungi, branches, bark, cones, bushes, roots, moss, mushrooms, ferns, floral greens, herbs, berries, spices, seeds and plants associated with grazing, including all biota, but does not include Wildlife, Migratory Birds, water, Fish or Aquatic Plants;

"Former Tsawwassen Reserve" means that portion of the lands set out in Appendix C – 4, that immediately before the Effective Date comprised the Tsawwassen Indian Reserve, and the mines and minerals set out in Appendix C – 5;

"Fraser River Parcels" means the Fraser River Parcels set out in Appendix E – 2;

"Greater Vancouver Housing Corporation" means the Greater Vancouver Housing Corporation incorporated under Provincial Law on June 24, 1974, and its successors;

"Greater Vancouver Regional District" means the Greater Vancouver Regional District incorporated under the Local Government Act, and its successors;

"Greater Vancouver Sewerage and Drainage District" means the Greater Vancouver Sewerage and Drainage District incorporated under the Greater Vancouver Sewerage and Drainage District Act, and its successors;

"Greater Vancouver Transportation Authority" means the Greater Vancouver Transportation Authority established as a corporation under the Greater Vancouver Transportation Authority Act, and its successors;

"Greater Vancouver Water District" means the Greater Vancouver Water District incorporated under the Greater Vancouver Water District Act, and its successors;

"Heritage Resources" includes archaeological sites, traditional use sites, culturally modified trees, trails and routes, burial or other funereal sites, structural features, and cultural landscapes;

"Highway 17 Corridor" means the portion of Highway #17 that bisects the Former Tsawwassen Reserve as shown in Appendix Q – 1;

"Indian" has the same meaning as Indian under the Indian Act;

"Intellectual Property" means any intangible property right resulting from intellectual activity in the industrial, scientific, literary or artistic fields, including any right relating to patents, copyrights, trademarks, industrial designs, or plant breeders' rights;

"International Legal Obligation" means an international obligation binding on Canada under international law, including those that are in force before, on or after the Effective Date;

"International Treaty" means an agreement governed by international law and concluded in written form:

a. between states; or

b. between one or more states and one or more international organizations, whether that agreement is embodied in a single instrument or in two or more related instruments and whatever its particular designation;

"International Tribunal" means any international court, committee, treaty body, tribunal, arbitral tribunal, or other international mechanism or procedure that has jurisdiction to consider the performance of Canada in respect of the International Legal Obligation in question;

"Intertidal Bivalves" means manila clams, littleneck clams, butter clams, horse clams, soft-shell clams, varnish clams, blue mussels, cockles and oysters;

"Land Title Office" means the New Westminster Land Title Office located in New Westminster, British Columbia, as established and described in the Land Title Act, and its successors;

"Local Boundary Road" means:

a. the portions of the following roads, including the Road Allowance, that are located along the boundary of Tsawwassen Lands:

i. 27B Avenue;

ii. 34th Street;

iii. 28th Avenue (from 52nd Street to 48th Street);

iv. 52nd Street (from 28th Avenue to Highway #17); and

v. 41B Street (portion south from Deltaport Way to portion bisecting Tsawwassen Lands); and

vi. any roads, including the Road Allowance, that are located along the boundary of lands added to Tsawwassen Lands in accordance with the Lands chapter;

"Local Road" means:

a. Nulelum Way, including the Road Allowance;

b. the portions of the following roads that are located within Tsawwassen Lands, including the Road Allowance:

i. 41B Street (portion bisecting Tsawwassen Lands);

ii. 28B Avenue (portion bisecting Tsawwassen Lands); and

iii. 27B Avenue (portion bisecting Tsawwassen Lands); and

c. any roads, including the Road Allowance, that are within lands added to Tsawwassen Lands in accordance with the Lands chapter;

"Local Government" means the council of a municipality or the board of a regional district;

"Marine Protected Area" means a marine protected area as described in subsection 35(1) of the Oceans Act;

"Migratory Birds" means birds, as defined under Federal Law enacted further to international conventions, and, for greater certainty, includes their eggs;

"Minister" means, in respect of a matter, the Minister of Her Majesty the Queen in right of Canada, or in right of British Columbia, as the case may be, having the responsibility, from time to time, for the exercise of powers in respect of the matter in question and includes an individual appointed to serve in the department over which the Minister presides, in a capacity appropriate to the exercise of those powers;

"National Marine Conservation Area" includes a national marine conservation area reserve and means the lands and waters named and described in the schedules to the Canada National Marine Conservation Areas Act and administered under Federal Law that lie within Tsawwassen Territory;

"National Park" includes a national park reserve and means the lands and waters named and described in the schedules to the Canada National Parks Act and administered under Federal Law that lie within Tsawwassen Territory;

"National Wildlife Area" means a National Wildlife Area within Tsawwassen Territory, including Alaksen and Widgeon;

"Natural Boundary" means the visible high water mark of any lake, river, stream, or other body of water where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the body of water a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself;

"Neutral" means a person appointed to assist the Parties to resolve a Disagreement and, except in clause 23 of the Dispute Resolution chapter and Appendix P – 4, includes an arbitrator;

"Neutral Appointing Authority" means the British Columbia International Commercial Arbitration Centre or, if the Centre is unavailable to make a required appointment, any other independent and impartial body or individual acceptable to the Parties;

"Non-Member" means an individual who has reached the age of majority under Provincial Law, who is ordinarily resident on Tsawwassen Lands, and who is not a Tsawwassen Member;

"Other Tsawwassen Lands" means the lands referred to in clause 18 of the Lands chapter;

"Pacific Fishery Management Area" means a management area as defined in section 2 of the Pacific Fishery Management Area Regulations made under section 43 of the Fisheries Act;

"Parent" includes an individual with whom a child resides and who stands in place of the child's father or mother;

"Parties" means Tsawwassen First Nation, Canada and British Columbia, and "Party" means any one of them;

"Periodic Review Date" means the day that is 15 years after the Effective Date, and any day that occurs at any subsequent 15 year interval from a previous Periodic Review Date;

"Person" includes an individual, a partnership, a corporation, a trust, an unincorporated association and any other entity, and a government and any agency or political subdivision thereof, and their heirs, executors, administrators and other legal representatives;

"Plants" means all flora and fungi but does not include Timber Resources except for the bark, branches and roots of Timber Resources and does not include Aquatic Plants except that for the purposes of Chapter 13, Provincial Parks and Gathering, mosses are included;

"Private Lands" means lands that are not Crown lands or Tsawwassen Lands;

"Protected Area" means provincial Crown land established or designated for any representative natural resource, recreation, conservation, historic or similar values under Provincial Law, but does not include a Provincial Park, ecological reserve or Wildlife Management Area;

"Provincial Building Regulations" means the provincial building code and other regulations under subsection 692(1) of the Local Government Act;

"Provincial Expropriating Authority" means a provincial ministry or agency or any Person who has the authority to expropriate land under provincial legislation;

"Provincial Law" includes provincial statutes, regulations, orders-in-council and the common law;

"Provincial Park" means provincial Crown land established as a provincial park under Provincial Law;

"Provincial Project" means a reviewable project, as defined in the British Columbia Environmental Assessment Act, that is subject to an Environmental Assessment under that act;

"Provincial Settlement Legislation" means the act of the Legislature of British Columbia that gives effect to this Agreement;

"Public Utility" means:

a. a Person, or the Person's lessee, trustee, receiver or liquidator who owns or operates in British Columbia equipment or facilities for the:

i. production, gathering, processing, storage, transmission, sale, supply, distribution or delivery of petroleum, or petroleum products or by-products;

ii. production, generation, gathering, processing, storage, transmission, sale, supply, distribution or delivery of gas (including natural gas, natural gas liquids, propane and coal bed methane), electricity, steam or water or any other agent for the production of light, heat, cold or power;

iii. emission, transmission or reception of information, messages or communications by guided or unguided electromagnetic waves, including systems of cable, microwave, optical fibre or radio communications, if that service is offered to the public for compensation; or

b. a local or regional authority providing services in connection with air quality, dikes, water, sewage, solid waste disposal and wastewater treatment,

but for the purposes of this definition, Person does not include a Person engaged in the petroleum industry who is not otherwise a Public Utility;

"Railway Works" means the works of a company authorized by law to construct, own or operate a railway, and includes:

a. all branches, extensions, sidings, stations, depots, wharves, rolling stock, equipment and property connected with the railway;

b. all bridges, tunnels or other structures connected with the railway; and

c. all communications or signalling systems and related facilities and equipment used for railway purposes;

"Registrar" means the registrar of the Land Title Office;

"Renewable Resources" means Plants, birds including Migratory Birds, land mammals and traditional foods, but does not include Fish and Aquatic Plants;

"Renewable Resource Harvesting Document" means any authorizing document issued by the Minister under Federal Law in respect of the Tsawwassen Right to Harvest Renewable Resources;

"Reserve" has the same meaning as reserve in the Indian Act;

"Responsible Person" has the same meaning as responsible person in the Environmental Management Act;

"Review Period" means a time period beginning on a Periodic Review Date, and ending on a date six months later, or such other date as the Parties may agree;

"Rights of Refusal Lands" means the lands set out in Appendix H – 2;

"Road Allowance" means the land used for a road or a highway, as surveyed, and includes the travelled portion, the shoulders and adjacent ditches, if any;

"Safety and Well-Being of Children" includes those guiding principles under section 2 of the Child, Family and Community Service Act;

"Salmon" means sockeye salmon, pink salmon, chinook salmon, coho salmon and chum salmon;

"Section 35 Rights of Tsawwassen First Nation" means the rights, anywhere in Canada, of Tsawwassen First Nation, that are recognized and affirmed by Section 35 of the Constitution Act, 1982;

"Settlement Legislation" means the Federal Settlement Legislation and the Provincial Settlement Legislation;

"Site Profile" has the same meaning as site profile in the Environmental Management Act;

"Specific Claim Settlement" means any sum paid as compensation by Canada to Tsawwassen First Nation, which sum represents the amount negotiated by Canada and Tsawwassen First Nation in accordance with the Specific Claims Policy of Canada as compensation for a specific claim;

"Specified Lands" means the lands set out in Appendix I – 2;

"State of Title Certificate" means a certificate issued under the Land Title Act as evidence of an interest in Tsawwassen Lands substantially in the form set out in Appendix D – 8;

"Stewardship Activity" means an activity conducted for the assessment, monitoring, protection or management of Fish or Fish habitat;

"Subsurface Resources" includes:

a. earth, including diatomaceous earth, soil, peat, marl, sand and gravel;

b. slate, shale, argillite, limestone, marble, clay, gypsum, volcanic ash and rock;

c. minerals, including placer minerals;

d. coal, petroleum and natural gas;

e. fossils; and

f. geothermal resources;

"Surrendered Lands" has the same meaning as surrendered lands in the Indian Act;

"Terminal Surplus" means, in respect of Fraser River Chum salmon, the amount that the Minister determines is available for harvest or is harvested in Pacific Fisheries Management Area 29 or within the Fraser River by aboriginal, recreational and commercial fisheries;

"Timber Resources" means trees, whether standing, fallen, living, dead, limbed, bucked or peeled;

"Time Limited Federal Funding" means "time limited federal funding" as defined in the initial Fiscal Financing Agreement;

"Time Limited Provincial Funding"means "time limited provincial funding" as defined in the initial Fiscal Financing Agreement;

"Total Allowable Migratory Bird Harvest" means the maximum number of a Designated Migratory Bird Population that may be harvested by all harvesters in the Tsawwassen Migratory Bird Harvest Area in each year;

"Total Allowable Wildlife Harvest" means the amount determined by the Minister under clause 30 of the Wildlife chapter in relation to a Designated Wildlife Species;

"Trade and Barter" does not include sale;

"Transaction Tax" includes a tax imposed under:

a. the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317;

b. the Social Service Tax Act, R.S.B.C. 1996, c. 431 (except those sections pertaining to alcohol);

c. the Tobacco Tax Act, R.S.B.C. 1996, c. 452;

d. the Property Transfer Tax Act, R.S.B.C. 1996, c. 378;

e. the Hotel Room Tax Act, R.S.B.C. 1996, c. 207;

f. section 4 of the Insurance Premium Tax Act, R.S.B.C. 1996, c.232; and

g. Part IX of the Excise Tax Act, R.S.C. 1985, c. E-15;

"Tsawwassen Allocation" means:

a. in respect of a Designated Wildlife Species, a defined harvest quantity or quota, or a formula for calculating a harvest quantity or quota, of a Designated Wildlife Species for Tsawwassen First Nation; and

b. in respect of Fish and Aquatic Plants:

i. a defined harvest quantity or quota;

ii. a harvest quantity or quota determined by the use of a formula;

iii. a harvest quantity or quota determined by the use of a formula with respect to a defined harvest area, within the Tsawwassen Fishing Area; or

iv. any other definition of quantity or opportunity as the Parties may agree;

"Tsawwassen Annual Fishing Plan" means a Tsawwassen Annual Fishing Plan referred to in clause 65 of the Fisheries chapter;

"Tsawwassen Artifact" means any object created by, traded to, commissioned by, or given as a gift to a Tsawwassen individual or that originated from the Tsawwassen community, past or present, and that has past and ongoing importance to the culture or spiritual practices of Tsawwassen First Nation, but does not include any object that has been traded to, commissioned by, or given as a gift to another aboriginal individual or community;

"Tsawwassen Capital" means all land, cash, and other assets transferred to, or recognized as owned by, Tsawwassen First Nation under this Agreement;

"Tsawwassen Child" means an individual under the age of majority under Provincial Law who is a Tsawwassen Member;

"Tsawwassen Constitution" means the constitution of Tsawwassen First Nation provided for in the Governance chapter;

"Tsawwassen Corporation" means a corporation that is incorporated under Federal or Provincial Law, all the shares of which are owned legally and beneficially by Tsawwassen First Nation, a Tsawwassen First Nation settlement trust, or any combination of those entities or by a wholly-owned subsidiary of any of those entities or by any combination of those entities or subsidiaries;

"Tsawwassen Fee Simple Interest" means a fee simple interest that is subject to any condition, proviso, restriction, exception, or reservation that may be set out in Tsawwassen Law;

"Tsawwassen First Nation" means the collectivity that comprises all Tsawwassen Individuals;

"Tsawwassen First Nation Government" means the government of Tsawwassen First Nation as referred to in clause 2 of the Governance chapter and has the same meaning as "Tsawwassen Government";

"Tsawwassen First Nation Law" means a law made by Tsawwassen Government under this Agreement and includes the Tsawwassen Constitution, and has the same meaning as "Tsawwassen Law";

"Tsawwassen Fishing Area" means the Tsawwassen Fishing Area shown in Appendix J – 1;

"Tsawwassen Fishing Right" means the right to harvest Fish and Aquatic Plants in the Tsawwassen Fishing Area and Intertidal Bivalves in the Tsawwassen Intertidal Bivalve Fishing Area under this Agreement;

"Tsawwassen Government" means the government of Tsawwassen First Nation as referred to in clause 2 of the Governance chapter and has the same meaning as "Tsawwassen First Nation Government";

"Tsawwassen Harvest Documents" means licences, permits, documents, or amendments thereto, that are issued by the Minister under Federal or Provincial Law in respect of the Tsawwassen Fishing Right;

"Tsawwassen Individual" means an individual who is eligible to be enrolled under this Agreement in accordance with the Eligibility and Enrolment chapter;

"Tsawwassen Institution" means Tsawwassen Government or a Tsawwassen Public Institution;

"Tsawwassen Intertidal Bivalve Fishing Area" means the Tsawwassen Intertidal Bivalve Fishing Area shown in Appendix J – 1;

"Tsawwassen Lands" means the lands set out in Appendix C – 4 as Tsawwassen Lands;

"Tsawwassen Law" means a law made by Tsawwassen Government under this Agreement and includes the Tsawwassen Constitution, and has the same meaning as "Tsawwassen First Nation Law";

"Tsawwassen Migratory Bird Harvest Area" means Tsawwassen Territory except:

a. Marine Protected Areas;

b. National Parks and National Marine Conservation Areas; and

c. land owned or in use, or expropriated or otherwise acquired, by Canada, from time to time, other than Indian Reserves and National Wildlife Areas;

"Tsawwassen Member" means a Tsawwassen Individual who is enrolled under this Agreement in accordance with the Eligibility and Enrolment chapter;

"Tsawwassen Public Institution" means a body, board, commission or any other similar entity, including a school board or health board, established by Tsawwassen First Nation under subclause 43.a of the Governance chapter;

"Tsawwassen Public Officer" means:

a. a member, commissioner, director or trustee of a Tsawwassen Public Institution;

b. a director, officer or employee of a Tsawwassen Corporation whose principal function is to provide public programs or services reasonably similar to those provided by federal, provincial or municipal governments, rather than to engage in commercial activities;

c. an officer or employee of Tsawwassen First Nation or a Tsawwassen Institution;

d. an election official within the meaning of a Tsawwassen Law; or

e. a volunteer who participates in the delivery of services by Tsawwassen First Nation, a Tsawwassen Institution, or a body referred to in subclause b, under the supervision of an officer or employee of Tsawwassen First Nation, a Tsawwassen Institution, or a body referred to in subclause b;

"Tsawwassen Right to Gather Plants" means the right to gather Plants under this Agreement;

"Tsawwassen Right to Harvest Renewable Resources" means the right to harvest Renewable Resources under this Agreement;

"Tsawwassen Right to Harvest Migratory Birds" means the right to harvest Migratory Birds under this Agreement;

"Tsawwassen Right to Harvest Wildlife" means the right to harvest Wildlife under this Agreement;

"Tsawwassen Road" means a road, including the Road Allowance, located within Tsawwassen Lands, but does not include a road designated by Tsawwassen First Nation as a private road, or a Local Road;

"Tsawwassen Territory" means the area of land that Tsawwassen First Nation identified in its Statement of Intent to the British Columbia Treaty Commission, as shown in Appendix A;

"Tsawwassen Water Lots" means those lands, submerged lands and waters shown in Appendix F – 1;

"Tsawwassen Wildlife Harvest Area" means Tsawwassen Territory except:

a. Marine Protected Areas;

b. National Parks and National Marine Conservation Areas; and

c. land owned or in use, or expropriated or otherwise acquired, by Canada, from time to time, other than Indian Reserves;

"Utility Distribution Works" means all portions of a local distribution network of a Public Utility other than Utility Transmission Works;

"Utility Transmission Works" means the portion of the transportation infrastructure of a Public Utility whose primary purpose is bulk production or transportation to local distribution networks of the product or service supplied by that utility, and includes:

a. electrical facilities or works where the line is rated at or above 60 kV phase-to-phase nominal voltage;

b. natural gas facilities or works at or exceeding 100 pounds per square inch (psi) operating pressure or six inches in outside diameter; and

c. facilities of comparable capacity of other or new Public Utilities;

"Wildlife" means:

a. all vertebrate and invertebrate animals, including mammals, birds, reptiles and amphibians; and

b. the eggs, juvenile stages, and adult stages of all vertebrates and invertebrate animals;

but does not include Fish or Migratory Birds;

"Wildlife Harvest Plan" means a Wildlife Harvest Plan referred to in the Wildlife chapter;

"Wildlife Management Area" means provincial Crown land established as a wildlife management area under Provincial Law; and

"Writ of Execution" has the same meaning as a writ of execution in the Court Order Enforcement Act.





CHAPTER 2 - GENERAL PROVISIONS

NATURE OF AGREEMENT

1. This Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

2. This Agreement is binding on and can be relied on by the Parties.

3. This Agreement is binding on and can be relied on by all Persons.

4. Ratification of this Agreement by the Parties in accordance with the Ratification chapter is a condition precedent to the validity of this Agreement and, unless so ratified, this Agreement has no force or effect.

5. Canada and British Columbia will recommend to Parliament and the Legislature of British Columbia, respectively, that Settlement Legislation provide that this Agreement is binding on, and can be relied on by, all Persons, and is approved, given effect, declared valid and has the force of law.

REPRESENTATION AND WARRANTY

6. Tsawwassen First Nation represents and warrants to Canada and British Columbia that, in respect of the matters dealt with in this Agreement, Tsawwassen First Nation has the authority to enter, and it enters, into this Agreement on behalf of all Tsawwassen Individuals who, through Tsawwassen First Nation, have or may exercise any aboriginal rights, including aboriginal title, in Canada, or who may make any claim in respect of those rights.

7. Canada and British Columbia represent and warrant to Tsawwassen First Nation that, in respect of the matters dealt with in this Agreement, they have the authority to enter, and they enter, into this Agreement within their respective authorities.

CONSTITUTION OF CANADA

8. This Agreement does not alter the Constitution of Canada, including:

a. the distribution of powers between Canada and British Columbia;

b. the identity of Tsawwassen people as aboriginal people of Canada within the meaning of the Constitution Act, 1982; or

c. sections 25 and 35 of the Constitution Act, 1982.

9. The Canadian Charter of Rights and Freedoms applies to Tsawwassen Government in respect of all matters within its authority.

10. There are no "Lands reserved for the Indians" within the meaning of the Constitution Act, 1867 for Tsawwassen First Nation, and there are no "reserves" as defined in the Indian Act for Tsawwassen First Nation, and, for greater certainty, Tsawwassen Lands and Other Tsawwassen Lands are not "Lands reserved for the Indians" within the meaning of the Constitution Act, 1867, and are not "reserves" as defined in the Indian Act.

FULL AND FINAL SETTLEMENT

11. This Agreement constitutes the full and final settlement in respect of the aboriginal rights, including aboriginal title, in Canada of Tsawwassen First Nation.

SECTION 35 RIGHTS OF TSAWWASSEN FIRST NATION

12. This Agreement exhaustively sets out the Section 35 Rights of Tsawwassen First Nation, their attributes, the geographic extent of those rights, and the limitations to those rights to which the Parties have agreed, and those rights are:

a. the aboriginal rights, including aboriginal title, modified as a result of this Agreement, in Canada, of Tsawwassen First Nation in and to Tsawwassen Lands and other lands and resources in Canada;

b. the jurisdictions, authorities and rights of Tsawwassen Government; and

c. the other Section 35 Rights of Tsawwassen First Nation.

MODIFICATION

13. Despite the common law, as a result of this Agreement and the Settlement Legislation, the aboriginal rights, including the aboriginal title, of Tsawwassen First Nation, as they existed anywhere in Canada before the Effective Date, including their attributes and geographic extent, are modified, and continue as modified, as set out in this Agreement.

14. For greater certainty, the aboriginal title of Tsawwassen First Nation anywhere that it existed in Canada before the Effective Date, including its attributes and geographic extent, is modified and continues as modified as the estates in fee simple to those areas identified in this Agreement as Tsawwassen Lands and Other Tsawwassen Lands.

PURPOSE OF MODIFICATION

15. The purpose of the modification referred to in clause 13 is to ensure that as of the Effective Date:

a. Tsawwassen First Nation has, and can exercise, the Section 35 Rights of Tsawwassen First Nation set out in this Agreement, including their attributes, geographic extent and the limitations to those rights to which the Parties have agreed;

b. Canada, British Columbia and all other Persons can exercise their rights, authorities, jurisdictions and privileges in a manner that is consistent with this Agreement; and

c. Canada, British Columbia and all other Persons do not have any obligations in respect of any aboriginal rights, including aboriginal title, of Tsawwassen First Nation to the extent that those rights, including aboriginal title, might be in any way other than, or different in attributes or geographic extent from, the Section 35 Rights of Tsawwassen First Nation set out in this Agreement.

RELEASE OF PAST CLAIMS

16. Tsawwassen First Nation releases Canada, British Columbia and all other Persons from all claims, demands, actions or proceedings, of whatever kind, whether known or unknown, that Tsawwassen First Nation ever had, now has or may have in the future, relating to or arising from any act or omission before the Effective Date that may have affected, interfered with or infringed any aboriginal right, including aboriginal title, in Canada of Tsawwassen First Nation.

INDEMNITIES

17. Tsawwassen First Nation will indemnify and forever save harmless Canada or British Columbia, as the case may be, from any and all damages, losses, liabilities, or costs excluding fees and disbursements of solicitors and other professional advisors, that Canada or British Columbia, respectively, may suffer or incur in connection with or as a result of any suit, action, cause of action, claim, proceeding or demand initiated or made before or after the Effective Date relating to or arising from:

a. the existence in Canada of an aboriginal right, including aboriginal title, of Tsawwassen First Nation, that is determined to be other than, or different in attributes or geographic extent from, the Section 35 Rights of Tsawwassen First Nation set out in this Agreement; or

b. any act or omission by Canada or British Columbia, before the Effective Date, that may have affected, interfered with or infringed any aboriginal right, including aboriginal title, in Canada of Tsawwassen First Nation.

18. A Party who is the subject of a suit, action, cause of action, claim, proceeding or demand that may give rise to a requirement to provide payment to that Party under an indemnity as set out in this Agreement:

a. will vigorously defend the suit, action, cause of action, claim, proceeding or demand; and

b. will not settle or compromise the suit, action, cause of action, claim, proceeding or demand except with the consent of the Party who has granted the indemnity, which consent will not be arbitrarily or unreasonably withheld or delayed.

APPLICATION AND RELATIONSHIP OF FEDERAL LAW, PROVINCIAL LAW AND TSAWWASSEN LAW

19. Federal Law, Provincial Law and Tsawwassen Law applies to Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Lands, Tsawwassen Government, Tsawwassen Public Institutions and Tsawwassen Corporations.

20. Canada will recommend to Parliament that Federal Settlement Legislation include a provision that, to the extent that a Provincial Law does not apply of its own force to Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Lands, Tsawwassen Government, Tsawwassen Public Institutions or Tsawwassen Corporations, that law of British Columbia will, subject to the Federal Settlement Legislation and any other act of Parliament, apply in accordance with this Agreement to Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Lands, Tsawwassen Government, Tsawwassen Public Institutions and Tsawwassen Corporations, as the case may be.

21. Except as otherwise provided in this Agreement, Tsawwassen Law does not apply to Canada or British Columbia.

22. For greater certainty, the powers of Tsawwassen Government to make laws, set out in this Agreement, do not include the power to make laws in respect of criminal law, criminal procedure, Intellectual Property, the official languages of Canada, aeronautics, navigation and shipping, or labour relations and working conditions.

23. Despite any other rule of priority in this Agreement, a Federal Law in relation to peace, order and good government, criminal law, human rights, the protection of the health and safety of all Canadians, or other matters of overriding national importance, prevails to the extent of a Conflict with a Tsawwassen Law.

24. Despite any other rule of priority in this Agreement, Federal and Provincial Law prevails to the extent of a Conflict with a Tsawwassen Law that has an incidental impact on a subject matter for which Tsawwassen Government:

a. has no power to make laws; or

b. has the power to make laws but in respect of which Federal and Provincial Laws prevail in the event of a Conflict.

25. Despite any other rule of priority in this Agreement, Federal and Provincial Law prevails to the extent of a Conflict with a Tsawwassen Law that has a double aspect with any federal or provincial legislative jurisdiction for which Tsawwassen Government:

a. has no power to make laws; or

b. has the power to make laws but in respect of which Federal and Provincial Laws prevail in the event of a Conflict.

RELATIONSHIP OF THIS AGREEMENT AND FEDERAL LAW, PROVINCIAL LAW AND TSAWWASSEN LAW

26. Any Tsawwassen Law that is inconsistent with this Agreement is of no force or effect to the extent of the inconsistency.

27. This Agreement prevails to the extent of an inconsistency with a Federal or Provincial Law.

28. Federal Settlement Legislation prevails over other Federal Law to the extent of a Conflict, and Provincial Settlement Legislation prevails over other Provincial Law to the extent of a Conflict.

29. A licence, permit or other authorization, to be issued by Canada or British Columbia as a result of this Agreement, will be issued under Federal or Provincial Law, as the case may be, and will not form part of this Agreement, and this Agreement prevails to the extent of any inconsistency with the licence, permit or other authorization.

INTERNATIONAL LEGAL OBLIGATIONS

30. After the Effective Date, before consenting to be bound by a new International Treaty that would give rise to a new International Legal Obligation that may adversely affect a right of Tsawwassen First Nation under this Agreement, Canada will Consult with Tsawwassen First Nation in respect of the International Treaty, either separately or through a forum that Canada determines is appropriate.

31. Where Canada informs Tsawwassen First Nation that it considers that a Tsawwassen Law or other exercise of power by Tsawwassen First Nation causes Canada to be unable to perform an International Legal Obligation, Tsawwassen First Nation and Canada will discuss remedial measures to enable Canada to perform the International Legal Obligation. Subject to clause 32, Tsawwassen First Nation will remedy the Tsawwassen Law or other exercise of power to the extent necessary to enable Canada to perform the International Legal Obligation.

32. Where Canada and Tsawwassen First Nation disagree over whether a Tsawwassen Law or other exercise of power by Tsawwassen First Nation causes Canada to be unable to perform an International Legal Obligation, the dispute will be resolved under the Dispute Resolution chapter of this Agreement, including the arbitration provisions, and:

a. if the arbitrator, having taken into account all relevant considerations, including any reservations and exceptions taken by Canada, determines that the Tsawwassen Law or other exercise of power by Tsawwassen First Nation does not cause Canada to be unable to perform the International Legal Obligation, or that the remedial measures are sufficient to enable Canada to perform the International Legal Obligation, Canada will not take any further action for this reason aimed at changing the Tsawwassen Law or other exercise of power; or

b. if the arbitrator, having taken into account all relevant considerations including any reservations and exceptions available to Canada, determines that the Tsawwassen Law or other exercise of power causes Canada to be unable to perform the International Legal Obligation, or that the remedial measures are insufficient to enable Canada to perform the International Legal Obligation, Tsawwassen First Nation will remedy the Tsawwassen Law or other exercise of power to the extent necessary to enable Canada to perform the International Legal Obligation.

33. Canada will Consult with Tsawwassen First Nation in respect of the development of positions taken by Canada before an International Tribunal where a Tsawwassen Law or other exercise of power by Tsawwassen First Nation has given rise to an issue concerning the performance of an International Legal Obligation of Canada. Canada's positions before the International Tribunal will take into account the commitment of the Parties to the integrity of this Agreement.

34. Despite clause 32, if there is a finding of an International Tribunal of non-performance of an International Legal Obligation of Canada attributable to a Tsawwassen Law or other exercise of power by Tsawwassen First Nation, Tsawwassen First Nation will, at the request of Canada, remedy the Tsawwassen Law or action to enable Canada to perform the International Legal Obligation consistent with the compliance of Canada, including Federal or Provincial Law, as applicable, in respect of that International Legal Obligation.

OTHER RIGHTS, BENEFITS AND PROGRAMS

35. Tsawwassen Members who are Canadian citizens or permanent residents of Canada continue to be entitled to all the rights and benefits of other Canadian citizens or permanent residents of Canada applicable to them from time to time.

36. Subject to clause 37, nothing in this Agreement affects the ability of Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Government, Tsawwassen Public Institutions or Tsawwassen Corporations to participate in or benefit from federal or provincial programs for registered Indians, other Indians or aboriginal people in accordance with criteria in effect from time to time.

37. Tsawwassen Members are eligible to participate in programs established by Canada or British Columbia and to receive public services from Canada or British Columbia, in accordance with general criteria established for those programs or public services from time to time, to the extent that the Tsawwassen First Nation has not assumed responsibility for those programs or public services under a Fiscal Financing Agreement or other funding agreement.

38. Nothing in this Agreement affects the ability of Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Government, Tsawwassen Public Institutions or Tsawwassen Corporations to apply for or bid on any commercial, economic or other activity or project for which they would otherwise be eligible.

39. Subject to the Transition chapter and clause 16 of the Taxation chapter, the Indian Act has no application to Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Government or Tsawwassen Public Institutions, except for the purpose of determining whether an individual is an "Indian" within the meaning of the Indian Act.

40. Subject to clause 5 of the Transition chapter, the Framework Agreement on First Nation Land Management, the First Nations Land Management Act and the Tsawwassen First Nation Land Code have no application to Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Lands, Tsawwassen Government or Tsawwassen Public Institutions.

41. For so long as the First Nations Land Management Act is in force, Canada will indemnify Tsawwassen First Nation, in respect of lands that immediately before the Effective Date comprised the Former Tsawwassen Reserve, in the same manner and under the same conditions as would be the case if the First Nations Land Management Act applied to those lands.

JUDICIAL DETERMINATIONS IN RESPECT OF VALIDITY

42. If a superior court of a province, the Federal Court of Canada or the Supreme Court of Canada finally determines any provision of this Agreement to be invalid or unenforceable:

a. the Parties will make best efforts to amend this Agreement to remedy or replace the provision; and

b. the provision will be severable from this Agreement to the extent of the invalidity or unenforceability and the remainder of the Agreement will be construed, to the extent possible, to give effect to the intent of the Parties.

43. No Party will challenge, or support a challenge to, the validity of this Agreement or any provision of this Agreement.

44. A breach of this Agreement by a Party does not relieve any Party from its obligations under this Agreement.

CONSULTATION

45. In respect of a Section 35 Right of Tsawwassen First Nation, the following is an exhaustive list of the consultation obligations of Canada and British Columbia:

a. as provided in this Agreement;

b. as may be provided in federal or provincial legislation;

c. as may be provided in an agreement with Tsawwassen First Nation other than this Agreement; and

d. as may be required under the common law in relation to an infringement of that right.

46. For greater certainty, the exercise of a power or authority, or an action taken, by Canada or British Columbia that is consistent with or in accordance with this Agreement is not an infringement of the Section 35 Rights of Tsawwassen First Nation and will not be subject to any obligation to consult except as set out in subclause 45.a, 45.b or 45.c.

OTHER ABORIGINAL PEOPLE

47. Nothing in this Agreement affects, recognizes or provides any rights under section 35 of the Constitution Act, 1982 for any aboriginal people other than Tsawwassen First Nation.

48. If a superior court of a province, the Federal Court of Canada or the Supreme Court of Canada finally determines that any aboriginal people, other than Tsawwassen First Nation, have rights under section 35 of the Constitution Act, 1982 that are adversely affected by a provision of this Agreement:

a. the provision will operate and have effect to the extent that it does not adversely affect those rights; and

b. if the provision cannot operate and have effect in a way that it does not adversely affect those rights, the Parties will make best efforts to amend this Agreement to remedy or replace the provision.

49. If Canada or British Columbia enters into a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act,1982 with any other aboriginal people and that treaty or land claims agreement adversely affects the Section 35 Rights of Tsawwassen First Nation as set out in this Agreement:

a. Canada or British Columbia, as the case may be, will provide Tsawwassen First Nation with additional or replacement rights or other appropriate remedies;

b. at the request of Tsawwassen First Nation, the Parties will negotiate and attempt to reach agreement on the provision of those additional or replacement rights or other appropriate remedies; and

c. if the Parties are unable to reach agreement on the provision of the additional or replacement rights or other appropriate remedies, the provision of those additional or replacement rights or remedies will be resolved in accordance with the Dispute Resolution chapter.

INFORMATION AND PRIVACY

50. For the purposes of federal and provincial access to information and privacy legislation, information that Tsawwassen First Nation provides to Canada or British Columbia in confidence is deemed to be information received or obtained in confidence from another government.

51. If Tsawwassen First Nation requests disclosure of information from Canada or British Columbia, the request will be evaluated as if it were a request by a province for disclosure of that information, but Canada and British Columbia are not required to disclose to Tsawwassen First Nation information that is only available to a particular province or particular provinces.

52. The Parties may enter into agreements in respect of any one or more of the collection, protection, retention, use, disclosure and confidentiality of personal, general or other information.

53. Canada or British Columbia may provide information to Tsawwassen First Nation in confidence if Tsawwassen Government has made a law or Tsawwassen First Nation has entered into an agreement with Canada or British Columbia, as the case may be, under which the confidentiality of the information will be protected.

54. Despite any other provision of this Agreement:

a. Canada and British Columbia are not required to disclose information that they are required or authorized to withhold under Federal or Provincial Law, including under sections 37 to 39 of the Canada Evidence Act; and

b. if federal or provincial legislation allows the disclosure of certain information only if specified conditions for disclosure are satisfied, Canada and British Columbia are not required to disclose that information unless those conditions are satisfied.

55. The Parties are not required to disclose any information that may be withheld at law, including a privilege at law.

OBLIGATION TO NEGOTIATE

56. Where the Parties are obliged under any provision of this Agreement to negotiate and attempt to reach agreement, all Parties will participate in the negotiations unless they agree otherwise.

57. Where this Agreement provides that the Parties, or any two of them, "will negotiate and attempt to reach agreement", those negotiations will be conducted as set out in the Dispute Resolution chapter, but no Party is obliged to proceed to Stage Three of the Dispute Resolution chapter unless they are required to do so in accordance with clause 27 of the Dispute Resolution chapter.

OTHER AGREEMENTS

58. An agreement, plan, guideline or other document made by a Party or Parties, that is referred to in, or contemplated by, this Agreement, including an agreement that is reached as a result of negotiations that under this Agreement are required or permitted, is not part of this Agreement, is not a treaty or land claims agreement and does not create, recognize or affirm aboriginal or treaty rights within the meaning of sections 25 and 35 of the Constitution Act, 1982.

INTERPRETATION

59. The provisions in this chapter prevail over the provisions in the other chapters of this Agreement to the extent of any inconsistency.

60. There will be no presumption that doubtful expressions, terms or provisions in this Agreement are to be resolved in favour of any particular Party.

61. If an authority of British Columbia that is referred to in this Agreement is delegated from Canada and:

a. the delegation of that authority is revoked; or

b. if a superior court of a province, the Federal Court of Canada or the Supreme Court of Canada finally determines that the delegation of that authority is invalid,

then the reference to British Columbia will be deemed to be a reference to Canada.

62. If an authority of Canada that is referred to in this Agreement is delegated from British Columbia and:

a. the delegation of that authority is revoked; or

b. if a superior court of a province, the Federal Court of Canada or the Supreme Court of Canada finally determines that the delegation of that authority is invalid,

then the reference to Canada will be deemed to be a reference to British Columbia.

63. The schedules and appendices to this Agreement form part of this Agreement.

64. Unless the context requires otherwise, in this Agreement:

a. the word "will" denotes an obligation that, unless this Agreement provides otherwise, must be carried out as soon as practicable after the Effective Date or the event that gives rise to the obligation;

b. the word "or" is used in its inclusive sense, meaning A or B, or both A and B; and the word "and" is used in its joint sense, meaning A and B, but not either alone;

c. the word "including" means "including, but not limited to", and the word "includes" means "includes, but is not limited to";

d. a reference to a "chapter", "clause", "subclause", "schedule" or "appendix" means a chapter, clause, subclause, schedule or appendix, respectively, of this Agreement;

e. a reference in a chapter of this Agreement to a "clause", "subclause", "schedule" or "appendix" means a clause, subclause, schedule or appendix, respectively, of that chapter;

f. the word "provincial" refers to the province of British Columbia;

g. the use of the singular includes the plural, and the use of the plural includes the singular; and

h. a reference to "harvest" includes attempts to harvest and a reference to "gather" includes attempts to gather.

65. In this Agreement:

a. the word "Consult" with an upper case "C" is to be interpreted with reference to the defined term "Consult" under the Definitions chapter, and the word "consult" with a lower case "c" is to be given its ordinary meaning;

b. headings and subheadings are for convenience only, do not form a part of this Agreement and in no way define, limit, alter or enlarge the scope or meaning of any provision of this Agreement;

c. a reference to a statute includes every amendment to it, every regulation made under it, every amendment to a regulation made under it, and any law enacted in substitution for it or in replacement of it; and

d. where a word is defined, other parts of speech and grammatical forms of the same word have corresponding meanings.

OFFICIAL LANGUAGES

66. For greater certainty, the Parties acknowledge that the Official Languages Act applies to this Agreement, including the execution of this Agreement.

EARLY IMPLEMENTATION

67. The Parties may agree to provide to Tsawwassen First Nation access to benefits provided for under this Agreement after the signing of this Agreement but before the Effective Date, and those benefits will be treated as if they were provided on the Effective Date, unless the Parties otherwise agree.

ENTIRE AGREEMENT

68. This Agreement is the entire agreement among the Parties in respect of the subject matter of this Agreement and, except as set out in this Agreement, there is no representation, warranty, collateral agreement, condition, right or obligation affecting this Agreement.

NO IMPLIED WAIVER

69. Waiver by a Party of any provision of this Agreement in one instance does not constitute a waiver in any other instance, and any waiver must be in writing.

ASSIGNMENT

70. Unless otherwise agreed by the Parties, this Agreement may not be assigned, either in whole or in part, by any Party.

ENUREMENT

71. This Agreement will enure to the benefit of and be binding upon the Parties and their respective permitted assigns.

NOTICE

72. In clauses 73 through 77, "Communication" includes a written notice, document, request, approval, authorization or consent.

73. Unless otherwise set out in this Agreement, a Communication must be:

a. delivered personally or by courier;

b. transmitted by facsimile or electronic mail; or

c. mailed by any method for which confirmation of delivery is provided.

74. A Communication will be considered to have been given, made or delivered, and received:

a. if delivered personally or by courier, at the start of business on the next business day after the business day on which it was received by the addressee or a responsible representative of the addressee;

b. if transmitted by facsimile or electronic mail and the sender receives confirmation of the transmission, at the start of business on the next business day after the business day on which it was transmitted; or

c. if mailed by any method for which confirmation of delivery is provided, when receipt is acknowledged by the addressee.

75. The Parties may agree to give, make or deliver a Communication by means other than those provided in clause 73.

76. The Parties will provide to each other addresses for delivery of Communications under this Agreement and, subject to clause 77, will deliver a Communication to the address provided by each Party.

77. If no other address for delivery of a particular Communication has been provided by a Party, a Communication will be delivered, mailed to the postal address, or transmitted to the facsimile number, of the intended recipient as set out below:

For:             Canada
Attention:   Minister of Indian Affairs and Northern Development
                   House of Commons
                   Room 583, Confederation Building
                   Ottawa, Ontario
                   K1A 0A6
Fax:            (819) 953-4941

For:            British Columbia
Attention:  Minister of Aboriginal Relations and Reconciliation
                  Room 310, Parliament Buildings
                  PO Box 9052 Stn Prov Govt
                  Victoria, British Columbia
                  V8W 9E2
Fax:           (250) 953-4856

For:            Tsawwassen First Nation
Attention:  Chief, Tsawwassen First Nation
                  131 North Tsawwassen Drive
                  Delta, British Columbia
                  V4M 4G2
Fax:           (604) 943-9226




CHAPTER 3 - TRANSITION

1. The Indian Act applies, with any modifications that the circumstances require, to the estate of an individual who died testate or intestate before the Effective Date and who at the time of death was a member of the Tsawwassen First Nation band under the Indian Act.

2. Before the Effective Date, Canada will take reasonable steps to:

a. notify in writing all members of the Tsawwassen First Nation band under the Indian Act who have deposited wills with the Minister; and

b. provide information to other members of the Tsawwassen First Nation band under the Indian Act, that their wills may not be valid after the Effective Date, and that they should have their wills reviewed to ensure validity under Provincial Law.

3. Section 51 of the Indian Act applies, with any modifications that the circumstances require, to the property and estate of an individual:

a. who immediately before the Effective Date was a member of the Tsawwassen First Nation band under the Indian Act;

b. who immediately before the Effective Date was a "mentally incompetent Indian" as defined in the Indian Act; and

c. whose property and estate were immediately before the Effective Date under the administration of the Minister under section 51 of the Indian Act, until the individual is no longer a "mentally incompetent Indian" as defined in the Indian Act.

4. Sections 52, 52.2, 52.3, 52.4 and 52.5 of the Indian Act apply, with any modifications that the circumstances require, where immediately before the Effective Date the Minister was administering property to which an individual who is the infant child of an Indian is entitled, until the duties of the Minister in respect of the property have been discharged.

5. The laws and bylaws, if any, of the Tsawwassen First Nation band under the Indian Act, that were in effect on the day before the Effective Date continue in effect for 30 days after the Effective Date on those parcels of Tsawwassen Lands that comprised the Former Tsawwassen Reserve.

6. The relationship between a law or bylaw referred to in clause 5 and Federal or Provincial Laws is governed by the provisions of this Agreement that govern the relationship between Federal or Provincial Laws and Tsawwassen Laws in respect of the subject matter of the law or bylaw.

7. Tsawwassen Government may repeal, but not amend, a law or bylaw referred to in clause 5.

8. Nothing in this Agreement precludes a Person from challenging the validity of a law or bylaw referred to in clause 5.

9. Subject to clauses 96, 97 and 98 of the Lands chapter, on the Effective Date, all of the rights, titles, interests, assets, obligations and liabilities, of the Tsawwassen First Nation band under the Indian Act, vest in Tsawwassen First Nation, and the Tsawwassen First Nation band under the Indian Act ceases to exist.