Table of Contents |
PREAMBLE |
CHAPTER 1 — DEFINITIONS |
CHAPTER 2 — GENERAL PROVISIONS |
| 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 |
CHAPTER 3 — TRANSITION |
CHAPTER 4 — LANDS |
| 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 |
CHAPTER 5 — LAND TITLE |
| Registration of Tsawwassen Lands and Other Tsawwassen Lands |
| Cancellation of Indefeasible Title |
| Amendment to the Land Title Act |
CHAPTER 6 — LAND MANAGEMENT |
| Power to Make Laws |
| Proposed Development |
| Provincial Initiatives and Land Use Processes |
CHAPTER 7 — ACCESS |
| 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 |
CHAPTER 8 — FOREST RESOURCES |
| General |
| Power to Make Laws |
| Economic Opportunity |
CHAPTER 9 — FISHERIES |
| 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 |
CHAPTER 10 — WILDLIFE |
| 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 |
CHAPTER 11 — MIGRATORY BIRDS |
| General |
| Power to Make Laws |
| Documentation |
| Enforcement |
| Conservation Measures |
| | Designated Migratory Bird Population |
| | Migratory Bird Agreements |
| Consultation on International Negotiations On Migratory Birds |
CHAPTER 12 — NATIONAL PARKS AND NATIONAL MARINE CONSERVATION AREAS |
| General |
| Power to Make Laws |
| Documentation |
| Renewable Resource Harvesting |
| Conservation Measures |
| Park Establishment and Boundary Changes |
| Co-Operation in Planning and Management |
CHAPTER 13 — PROVINCIAL PARKS AND GATHERING |
| General |
| Power to Make Laws |
| Documentation |
| Gathering Plants |
| Planning and Co-Operation In Management |
CHAPTER 14 — CULTURE AND HERITAGE |
| General |
| Power to Make Laws |
| Beach Grove Parcels |
| Tsawwassen Artifacts |
| Heritage Resources |
| Archaeological Human Remains |
| Place Names |
CHAPTER 15 — ENVIRONMENTAL MANAGEMENT |
| Power to Make Laws |
| Environmental Protection |
| Environmental Assessment |
| Environmental Emergencies |
CHAPTER 16 — GOVERNANCE |
| 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 |
CHAPTER 17 — INTERGOVERNMENTAL RELATIONS AND SERVICES |
| Tsawwassen First Nation Membership in the Greater Vancouver Regional District |
| Services and Authorities |
| Land Use Planning |
| Provision of Water |
| Dispute Resolution |
CHAPTER 18 — CAPITAL TRANSFER AND NEGOTIATION LOAN REPAYMENT |
| Capital Transfer |
| Negotiation Loan Repayment |
| Prepayments |
| Schedule 1 Capital Transfer Payment Plan |
| Notes for Finalizing Schedule 1 |
| Schedule 2 Negotiation Loan Repayment Plan |
| Notes for Finalizing Schedule 2 |
CHAPTER 19 — FISCAL RELATIONS |
CHAPTER 20 — TAXATION |
| Direct Taxation |
| Taxation Powers Agreements |
| Tsawwassen Lands |
| Transfer of Tsawwassen Capital |
| Indian Act Tax Exemption and Transitional Exemption |
| Tax Treatment Agreement |
CHAPTER 21 — ELIGIBILITY AND ENROLMENT |
| 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 |
CHAPTER 22 — DISPUTE RESOLUTION |
| 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 |
CHAPTER 23 — AMENDMENT |
| Deposit of Agreement |
| Periodic Review |
CHAPTER 24 — RATIFICATION OF THE FINAL AGREEMENT |
| 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 |
CHAPTER 25 — IMPLEMENTATION |
| General |
| Implementation Plan |
| Implementation Committee |
APPENDICES |