Tsawwassen First Nation Final Agreement

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Canada

Tsawwassen
British Columbia




TABLE OF CONTENTS





Nature of Agreement
Representation and Warranty
Constitution of Canada
Full and Final Settlement
Section 35 Rights of Tsawwassen First Nation
Modification
Purpose of Modification
Release of Past Claims
Indemnities
Application and Relationship of Federal Law, Provincial Law and Tsawwassen Law
Relationship of This Agreement and Federal Law, Provincial Law
   and Tsawwassen Law
International Legal Obligations
Other Rights, Benefits and Programs
Judicial Determinations in Respect of Validity
Consultation
Other Aboriginal People
Information and Privacy
Obligation to Negotiate
Other Agreements
Interpretation
Official Languages
Early Implementation
Entire Agreement
No Implied Waiver
Assignment
Enurement
Notice


Tsawwassen Lands
Interests on Tsawwassen Lands
Other Tsawwassen Lands
Subsurface Resources – Management and Administration
Tsawwassen Water Lots
Reconciliation Fund
Agricultural Land Reserve
Rights of Refusal
Addition to or Removal from Tsawwassen Lands
Highway 17 Corridor
Deltaport Way Corridor
Federal Expropriation
Provincial Expropriation
Mines and Minerals Under English Bluff
Accreted Lands
Legal Survey
Contaminated Sites
Economic Development Capital Fund

Registration of Tsawwassen Lands and Other Tsawwassen Lands
Cancellation of Indefeasible Title
Amendment to the Land Title Act

Power to Make Laws
Proposed Development
Provincial Initiatives and Land Use Processes

General
Power to Make Laws
Tsawwassen Roads
Local Roads and Local Boundary Roads
Crown Corridors
Dikes and Flood Protection
Access to Tsawwassen Lands
Tsawwassen Access to Adjacent Lands
Navigable Waters
Emergencies and Natural Disasters

General
Power to Make Laws
Economic Opportunity

General
Tsawwassen Allocations
Overages and Underages
Non-Allocated Species – Crab
Process for Non-Allocated Species
Arbitrated Tsawwassen Allocation
Amendment to the Final Agreement
Power to Make Laws
Designation
Documentation
Tsawwassen Harvest Documents
Tsawwassen Annual Fishing Plan
Joint Fisheries Committee
Tsawwassen Fisheries Operational Guidelines
Regional Fisheries Committee
Public Fisheries Management Advisory Process
Enforcement
Stewardship and Enhancement
Tsawwassen Fisheries Fund
Marine Protected Areas
Economic Opportunities
New Emerging Commercial Fisheries
Aquaculture

General
Power to Make Laws
Documentation
Designated Wildlife Species
Total Allowable Wildlife Harvest
Allocation of Designated Wildlife Species
Wildlife Harvest Plan
Regional Wildlife Planning
Enforcement
Training

General
Power to Make Laws
Documentation
Enforcement
Conservation Measures
Designated Migratory Bird Population
Migratory Bird Agreements
Consultation on International Negotiations On Migratory Birds

General
Power to Make Laws
Documentation
Renewable Resource Harvesting
Conservation Measures
Park Establishment and Boundary Changes
Co-Operation in Planning and Management

General
Power to Make Laws
Documentation
Gathering Plants
Planning and Co-Operation In Management

General
Power to Make Laws
Beach Grove Parcels
Tsawwassen Artifacts
Heritage Resources
Archaeological Human Remains
Place Names

Power to Make Laws
Environmental Protection
Environmental Assessment
Environmental Emergencies

Tsawwassen First Nation Self-Government
Legal Status and Capacity
Tsawwassen Constitution
Governance Transition
Tsawwassen Elections
Appeal and Review of Administrative Decisions
Registry of Laws
Participation of Non-Members
Notification of Tsawwassen Law-Making
Notification of Changes to Provincial Legislation
Delegation

Tsawwassen First Nation Law-Making Authorities
Tsawwassen Government
Tsawwassen Membership
Tsawwassen Assets
Adoption
Child Custody
Child Protection Services
Education
Post-Secondary Education and Training
Aboriginal Healers
Health Services
Social Services
Family Development Services
Liquor Control
Solemnization of Marriages
Judicial Proceedings in Respect of Matrimonial Property
Child Care
Emergency Preparedness
Regulation of Business
Buildings and Structures
Public Works
Traffic, Parking, Transportation and Highways
Public Order, Peace and Safety
Penalties
Adoption of Federal or Provincial Laws
Enforcement of Tsawwassen Laws
Adjudication of Tsawwassen Laws
Community Correctional Services

Tsawwassen First Nation Liability
Members of Tsawwassen Government
Tsawwassen Public Officers
Tsawwassen First Nation and Tsawwassen Government
Realization of Security Against Property of Tsawwassen First Nation

Tsawwassen First Nation Membership in the Greater Vancouver Regional District
Services and Authorities
Land Use Planning
Provision of Water
Dispute Resolution

Capital Transfer
Negotiation Loan Repayment
Prepayments
Schedule 1 - Capital Transfer Payment Plan
Schedule 2 - Negotiation Loan Repayment Plan


Direct Taxation
Taxation Powers Agreements
Tsawwassen Lands
Transfer of Tsawwassen Capital
Indian Act Tax Exemption and Transitional Exemption
Tax Treatment Agreement

General
Tsawwassen Eligibility Criteria
Applications for Enrolment under the Enrolment Committee
Other Land Claims Agreements
Enrolment Committee
Enrolment Appeal Board
Funding
Transition to Tsawwassen Government
Judicial Review

General
Scope: When This Chapter Applies to a Disagreement
Disagreements to go Through Stages
Stage One: Collaborative Negotiations
Stage Two: Facilitated Processes
Negotiating Conditions
Agreement
Stage Three: Adjudication – Arbitration
Effect of Arbitral Award
Application of Legislation
Stage Three: Adjudication – Judicial Proceedings
Notice to Parties
Costs

Deposit of Agreement
Periodic Review

General
Ratification by Tsawwassen First Nation
Ratification of the Tsawwassen Constitution
Eligible Voters
Ratification Committee
Minor Changes Before Signing
Ratification by British Columbia
Ratification by Canada

General
Implementation Plan
Implementation Committee






APPENDICES

See  Appendices - Tsawwassen First Nation Final Agreement
  • Appendix A:   Map of Tsawwassen Territory
  • Appendix B:   Map of Tsawwassen Lands, Other Tsawwassen Lands
  •     and Rights of Refusal Lands
  • Appendix C:   Tsawwassen Lands
  • Appendix D:   Interests in Tsawwassen Lands
  • Appendix E:   Other Tsawwassen Lands
  • Appendix F:   Tsawwassen Water Lots
  • Appendix G:   Application of the Agricultural Land Reserve
  • Appendix H:   Rights of Refusal Lands
  • Appendix I:   Specified Lands
  • Appendix J:   Tsawwassen Fishing
  • Appendix K:   Tsawwassen Wildlife Harvest Area
  • Appendix L:   Tsawwassen Migratory Bird Harvest Area
  • Appendix M:   Tsawwassen Plant Gathering Areas
  • Appendix N:   National Parks within Tsawwassen Territory
  • Appendix O:   Tsawwassen Heritage Sites and Key Geographic Features
  • Appendix P:   Dispute Resolution Procedures
  • Appendix Q:   Highway 17 Corridor
  • Appendix R:   Map of Deltaport Way Corridor