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This Act is current to February 27, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Tla'amin Final Agreement Act

[SBC 2013] CHAPTER 2

CHAPTER 1 — DEFINITIONS

In this Agreement:

"Adequate Survey" means a survey that:

a. accurately and unambiguously describes the extent of a parcel of land, including the location of the natural boundary, to current technical survey standards having regard to current posting requirements with permanent survey monuments at all corners;

b. is prepared by a British Columbia Land Surveyor and determined to be acceptable by the Surveyor General of British Columbia; and

c. if prepared from a combination of new field work and existing records has:

i. been prepared from records that date after 1970;

ii. monuments that have been verified in good condition by a British Columbia Land Surveyor; and

iii. an accurately depicted natural boundary verified by a British Columbia Land Surveyor;

"Administrative Penalty" means a sanction or monetary penalty assessed and imposed under a statutory regime in which liability for breach of a regulatory requirement and the sanction or quantum of the monetary penalty are determined through an administrative process, rather than through prosecution or through an action in the civil courts;

"Agreed Upon Programs and Services" means those programs and services, set out in a Fiscal Financing Agreement, that will be made available by the Tla'amin Nation and towards which Canada or British Columbia agree to contribute funding;

"Agreement" means this agreement among the Tla'amin Nation, Canada and British Columbia and the Schedules and Appendices to this agreement;

"Ahgykson" means the lands referred to as "Former Harwood Island Indian Reserve No. 2" and described in Part 1 of Appendix C-1 and identified for illustrative purposes in Map 2, Part 2 of Appendix C-1;

"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 in soils that are saturated during most of the growing season;

"Archaeological Human Remains" means human remains that are likely of aboriginal ancestry and not the subject of a police or coroner investigation;

"Available Flow" means the volume of flow of water, determined by British Columbia, to be above that required:

a. to ensure conservation of Fish and Stream habitats;

b. to continue navigability;

c. under Water Licences issued for the Sliammon Creek watershed:

i. issued before June 6, 2003;

ii. issued pursuant to an application made before June 6, 2003; and

iii. issued pursuant to water reservations established before June 6, 2003; and

d. under Water Licences other than for the Sliammon Creek watershed:

i. issued before February 27, 2008;

ii. issued pursuant to an application made before February 27, 2008; and

iii. issued pursuant to water reservations established before February 27, 2008,

and taking into account any applicable requirements under Federal and Provincial Law;

"Basic Harvest" means the annual harvest of that species of Fish or Aquatic Plant by the Tla'amin Nation for Domestic Purposes for each year in the base period for the species;

"British Columbia" means, unless the context otherwise requires, Her Majesty the Queen in right of the Province of British Columbia;

"British Columbia Building Code" means the building code established for British Columbia under the Local Government Act;

"British Columbia Land Surveyor" means a "practising land surveyor" as defined in the Land Surveyors Act;

"Canada" means, unless the context otherwise requires, Her Majesty the Queen in right of Canada;

"Capital Transfer" means an amount paid by Canada to the Tla'amin Nation under the Capital Transfer and Negotiation Loan Repayment Chapter;

"Capital Transfer Payment Plan" means the timetable for the payment of the Capital Transfer set out in Schedule 1 of the Capital Transfer and Negotiation Loan Repayment Chapter;

"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 Children under the age of 13 years, with or without charge, by caregivers other than the Child's parents or the individual with whom the Child resides and who stands in the place of the Child's mother or father, but does not include an educational program provided under the School Act or the Independent School Act or a Tla'amin Law under paragraph 103 of the Governance Chapter;

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

"Child in Need of Protection" means a Child in need of protection under the Child, Family and Community Service Act;

"Child Protection Service" means a service that provides for:

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

b. the custody, care and guardianship responsibilities of Children in Care;

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

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

"Citizenship Register" means a list of individuals who have been enrolled under this Agreement in accordance with the Eligibility and Enrolment Chapter;

"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. supervision of diverted offenders and development and operation of diversion programs;

d. community-based programs and interventions for offenders, including alternatives to custody programs;

e. identification of and referral to appropriate community resources;

f. 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 Canada or British Columbia;

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

"Consult" and "Consultation" mean provision to a Party or other person of:

a. notice of a matter to be decided, in sufficient detail to permit the Party or person to prepare its views on the matter;

b. in consultations between the Parties or persons, where requested by a Party or person, sufficient information in respect of the matter to permit the Party or person to prepare its views on the matter;

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

d. an opportunity for the Party or person to present its views on the matter; and

e. a full and fair consideration of any views on the matter presented by the Party or person;

"Contaminated Site" means "contaminated site" as defined in the Environmental Management Act;

"Contamination" means "contamination" as defined in the Environmental Management Act;

"Crown" means Canada or British Columbia, as the case may be;

"Cultural Purposes" means the use of Monumental Cedar and Cypress for a purpose that:

a. was integral to Tla'amin culture before contact;

b. is primarily for totem poles, dugout canoes or long beams or posts to build longhouses, community halls or similar community structures; and

c. is not carried out for profit, commercial purpose, Trade and Barter, individual or community gain, residential building construction, structures associated with a residential building or for providing firewood for individual needs;

"Designated Migratory Bird Population" means a population of a species of Migratory Birds that has been designated by the Minister in accordance with paragraph 45 of the Migratory Birds 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 director by the Minister under the Child, Family and Community Service Act or the Adoption Act;

"Disagreement" means a dispute or negotiation to which the Dispute Resolution Chapter applies as described in paragraph 6 of that Chapter;

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

"Effective Date" means the date, agreed to by the Parties, on which this Agreement takes effect;

"Eligible Voter" means an individual who:

a. is eligible to vote in accordance with paragraph 8 of the Ratification Chapter; or

b. votes under paragraph 9 and whose vote is counted under paragraph 10 of the Ratification Chapter;

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

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

b. the application of Fish culture technology;

"Enrolment Appeal Board" means the board established under paragraph 21 of the Eligibility and Enrolment Chapter;

"Enrolment Committee" means the committee established under paragraph 12 of the Eligibility and Enrolment Chapter;

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

a. air, land and water, including all layers of the atmosphere;

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

c. the interacting natural systems that include components referred to in subparagraphs a and b;

"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;

"Federal Expropriating Authority" means a federal department or agency or any person with the authority to expropriate land or an interest in land under Federal Law;

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

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

"Federal or Provincial Law" means Federal Law or 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 land 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, shellfish, crustaceans and marine animals excluding cetaceans;

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

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

"Fish Fund" has the meaning ascribed to it in the initial Fiscal Financing Agreement;

"Foreshore" means land between the high water mark and the low water mark;

"Forest Practices" means timber harvesting, road construction, road maintenance, road use, road deactivation, silviculture treatments and other related activities, including grazing for the purposes of brushing, botanical forest product collecting and fire use, but does not include timber marking or scaling, manufacture of timber or export of timber;

"Forest Resources" means all Timber Resources and Plants, but does not include Aquatic Plants;

"Former Kahkaykay Indian Reserve No. 6" means the Former Sliammon Indian Reserve described in Part 1 of Appendix C-1 and identified for illustrative purposes in Map 6, Part 2 of Appendix C-1;

"Former Sliammon Indian Reserve No. 1" means the Former Sliammon Indian Reserve described in Part 1 of Appendix C-1 and identified for illustrative purposes in Map 1, Part 2 of Appendix C-1;

"Former Sliammon Indian Reserves" means the lands that:

a. were, on the day before the Effective Date, Indian Reserves set apart for the use and benefit of the Sliammon Indian Band; and

b. are described in Part 1 of Appendix C-1 and identified for illustrative purposes in Part 2 of Appendix C-1 as "Former Sliammon Indian Reserves";

"Former Tokenatch Indian Reserve No. 5" means the Former Sliammon Indian Reserve described in Part 1 of Appendix C-1 and identified for illustrative purposes in Map 5, Part 2 of Appendix C-1;

"Former Toquana Indian Reserve No. 4" means the Former Sliammon Indian Reserve described in Part 1 of Appendix C-1 and identified for illustrative purposes in Map 4, Part 2 of Appendix C-1;

"Fossils" means remains, traces or imprints of animals or Plants that have been preserved in rocks, and includes bones, shells, casts and tracks;

"Framework Agreement on First Nation Land Management" means the agreement entered into between Canada and thirteen First Nations in 1996 in respect of First Nation land management as amended;

"Geothermal Resources" means the natural heat of the Earth and all substances that derive thermal energy from it, including steam, water and water vapour heated by the natural heat of the earth and all substances dissolved in the steam, water and water vapour, but does not include:

a. water that has a temperature less than 80°C at the point where it reaches the surface; or

b. hydrocarbons;

"Groundwater" means water below the surface of the ground;

"Heritage Site" means a site of archaeological, historical or cultural significance and includes graves and burial sites;

"Implementation Committee" means the committee established under paragraph 4 of the Implementation Chapter;

"Implementation Plan" means the plan described in paragraph 2 of the Implementation Chapter;

"Independent Regulatory Agency" means a federal statutory body, including the National Energy Board and the Canadian Nuclear Safety Commission, which, in the exercise of regulatory or licensing powers, is not subject to specific control or direction by the federal government notwithstanding that it may be subject to general direction whether by guidelines, regulations or directives, or that its decisions may be subject to approval, variance or rescission by Canada;

"Indian" means an "Indian" as defined in the Indian Act;

"Indian Band" means a "band" as defined in the Indian Act;

"Indian Reserve" means a "reserve" as defined in the Indian Act;

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

"International Legal Obligation" means an 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 which has jurisdiction to consider the performance of Canada with regard to the International Legal Obligation in question;

"Intertidal Bivalves" means Manila clams, littleneck clams, butter clams, horse clams, softshell clams, varnish clams, blue mussels, California mussels, cockles and oysters;

"Joint Fisheries Committee" means the committee established under paragraph 85 of the Fisheries Chapter;

"Land Title Office" means the Land Title Office, as established and described in the Land Title Act;

"Local Government" means a "local government" as defined in the Local Government Act;

"Logs" means logs of all species of wood which are controlled under Canada's Export Control List, Group 5, Item number 5101, pursuant to section 3 (1) (e) of the Export and Import Permits Act;

"Lois Harvest Area" means the area identified as "Lois Harvest Area" in Appendix Q;

"Lund Hotel Parcels" means the lands described in Part 1 of Appendix C-3 and identified for illustrative purposes in Part 2 of Appendix C-3 as the "Lund Hotel Parcels";

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

"Migratory Bird Sanctuary" means an area described in the schedule to the Migratory Bird Sanctuary Regulations;

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

"Mineral" means an ore of metal or natural substance that can be mined and includes:

a. rock and other materials from mine tailings, dumps and previously mined deposits of minerals;

b. dimension stone; and

c. precious and base minerals;

"Minister" means the federal or provincial minister having responsibility for the exercise of powers in relation to the matter in question and any individual with authority to act in respect of the matter in question;

"Monumental Cedar and Cypress" means a Thuja plicata (western red cedar) or a Chamaecyparis nootkatensis (cypress or yellow cedar) that is:

a. approximately 250 years or older; and

b. at least 100 centimetres diameter at 1.3 meters above germination point;

"National Historic Site" means a site, building or other place of national historic interest or significance that is commemorated under section 3 of the Historic Sites and Monuments Act;

"National Marine Conservation Area" means lands and water areas named and described in the schedules to the Canada National Marine Conservation Areas Act and includes a national marine conservation area reserve;

"National Park" means lands and waters named and described in the schedules to the Canada National Parks Act and includes a national park reserve;

"National Wildlife Area" means a national wildlife area as defined under Federal Law;

"Natural Gas" means all fluid hydrocarbons that are not defined as Petroleum, and includes coalbed gas and hydrogen sulphide, carbon dioxide and helium produced from a well;

"Neutral" means an individual appointed to assist the Parties to resolve a Disagreement and, except in subparagraph 23.e of the Dispute Resolution Chapter, includes an arbitrator;

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

"Non-Allocated Species" means a species of Fish or Aquatic Plant for which a Tla'amin Fish Allocation has not been established under this Agreement;

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

"Official Voters List" means the list of Eligible Voters prepared by the Ratification Committee under paragraph 7 of the Ratification Chapter;

"Other Tla'amin Lands" means the lands described in Part 1 of Appendix D and identified for illustrative purposes in Part 2 of Appendix D as "Other Tla'amin Lands";

"Parties" means the Tla'amin Nation, Canada and British Columbia and "Party" means any one of them;

"Payment Date" means each of the first 50 anniversaries of the Effective Date of this Agreement;

"Periodic Review Date" means the 15th anniversary of the Effective Date or a date that occurs every 15 years after that date;

"Person" for the purposes of the Taxation Chapter, includes an individual, a partnership, a corporation including a Crown corporation, a trust, an unincorporated association or other entity or government or any agency or political subdivision thereof, and their heirs, executors, administrators and other legal representatives;

"Petroleum" means crude petroleum and all other hydrocarbons, regardless of specific gravity, that are or can be recovered in liquid form from a pool or that are or can be recovered from oil sand or oil shale;

"Placer Mineral" means an ore of metal, including all base and precious metals, and every natural substance that can be mined and that is either loose, or found in fragmentary or broken rock that is not talus rock and occurs in loose earth, gravel and sand, and includes rock or other materials from placer mine tailings, dumps and previously mined deposits of placer minerals;

"Plants" means all flora and fungi, but does not include Aquatic Plants or Timber Resources except for the bark, branches, burls, cones, foliage and roots of Timber Resources;

"Powell-Daniels Harvest Area" means the area identified as "Powell-Daniels Harvest Area" in Appendix Q;

"Private Lands" means land that is not Crown land;

"Protected Area" means provincial Crown land established or designated as a provincial park, ecological reserve, conservancy or protected area under Provincial Law;

"Provincial Crown Roads" means a road under the administration and control of British Columbia;

"Provincial Expropriating Authority" means a provincial ministry or agency or any person with the authority to expropriate land or an interest in land under Provincial Law;

"Provincial Law" includes provincial statutes, regulations, ordinances, orders-in-council and the common 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 Public Planning Process Area" means the area set out in Appendix S;

"Provincial Settlement Legislation" means the Act of the Legislature that gives effect to this Agreement;

"Public Planning Process" means a public planning process established by British Columbia to develop:

a. regional or strategic land or resource use management plans or guidelines, including land and resource management plans, landscape unit plans and integrated watershed plans;

b. Protected Areas and their management plans; or

c. public plans or guidelines for specific sectors such as commercial recreation and agriculture, but not operational plans that give specific direction to government staff;

"Public Utility" means a person, or the person's lessee, trustee, receiver or liquidator that owns or operates in British Columbia equipment or facilities for the:

a. production, gathering, generating, processing, storage, transmission, sale, supply, distribution or delivery of petroleum (including petroleum products or byproducts), gas (including natural gas, natural gas liquids, propane and coalbed gas), electricity, steam, water, sewage, or any other agent for the production of light, heat, cold or power; or

b. emission, conveyance, 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,

and for the purposes of this definition, "person" includes a partnership and a corporation, including a Crown corporation or agent of the Crown;

"Railway" means a company, established under Federal or Provincial Law, authorized to construct and operate a railway. For greater certainty, railway, as used in this definition, includes:

a. all branches, extensions, sidings, stations, depots, wharves, rolling stock, equipment, works, property and works connected with the railway and all railway bridges, tunnels or other structures connected with the railway; and

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

"Range Practices" means:

a. grazing of livestock;

b. cutting of hay;

c. activities relating to grazing of livestock or cutting of hay; or

d. activities related to constructing, modifying or maintaining a structure, an excavation, a livestock trail or an improvement to forage quality or quantity for purposes of range development;

"Ratification Committee" means the committee established under paragraph 5 of the Ratification Chapter;

"Ratification Votes" means the votes conducted by the Ratification Committee for the ratification of the Tla'amin Constitution and this Agreement;

"Registrar" means a "registrar" as defined in the Land Title Act;

"Resource Revenue Payment" means a resource revenue payment calculated in accordance with the formula set out in the Resource Revenue Sharing Chapter;

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

"Right of Way" means a defined portion of Tla'amin Lands on which a grant is given by the Tla'amin Nation for a specified use, including use for a public or private road, or a Public Utility;

"Safety and Well-Being of Children" includes the principle that the cultural identity of aboriginal children should be preserved and those other guiding principles under section 2 of the Child, Family and Community Service Act;

"Sales Tax Collection Agreement" means the Sales Tax Collection Agreement entered into between Canada and the Sliammon Indian Band on August 23, 1999 as amended from time to time;

"Sliammon Indian Band" means the Sliammon Indian Band which was, on the day before the Effective Date, a "band" as defined in the Indian Act;

"Specific Claim Settlement" means any sum paid by Canada in settlement of a claim brought under the Specific Claims Policy or the Specific Claims Tribunal Act;

"Specific Claims Policy" means the policy described in Canada's Specific Claims Policy and Process Guide (2009);

"State of Title Certificate" means a certificate issued under the Land Title Act as evidence of a registered interest in Tla'amin Lands in the form set out in Document 1 of Appendix F-6;

"Stewardship Activities" means activities conducted for the assessment, monitoring, protection and management of Fish and Fish habitat;

"Stream" means a natural watercourse or source of water supply, whether usually containing water or not, and a lake, river, creek, spring, ravine, swamp and gulch, but does not include Groundwater;

"Submerged Lands" means land below the "natural boundary" as that term is defined in the Land Act;

"Subsurface Resources" include the following:

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;

"Sunshine Coast Trail" means the unofficial footpath as it exists on the Effective Date and which is identified for illustrative purposes in Part 1 of Appendix K;

"Surrendered Lands" means "surrendered lands" as defined in the Indian Act;

"Theodosia Harvest Area" means the area identified as the "Theodosia Harvest Area" in Appendix Q;

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

"Tla'amin Annual Fishing Plan" means a fishing plan described in the Fisheries Chapter;

"Tla'amin Archaeological Human Remains" means Archaeological Human Remains that are determined to be of Tla'amin ancestry;

"Tla'amin Area" means the area set out in Appendix A;

"Tla'amin Artifact" means any object created by, traded to, commissioned by or given as a gift to a Tla'amin individual or Tla'amin community, or that originated from a Tla'amin community, and that has past and ongoing importance to Tla'amin culture or spiritual practices, but does not include any object traded to, commissioned by or given as a gift to another aboriginal group or person;

"Tla'amin Capital" means all land, cash and other assets transferred to, or recognized as owned by, the Tla'amin Nation under this Agreement;

"Tla'amin Child" means a Child who is a Tla'amin Citizen;

"Tla'amin Citizen" means an individual who is enrolled under this Agreement in accordance with the Eligibility and Enrolment Chapter;

"Tla'amin Constitution" means the constitution of the Tla'amin Nation described in the Governance Chapter;

"Tla'amin Corporation" means a corporation that is incorporated under Federal or Provincial Law, all of the shares of which, except any qualifying shares that directors are required to own under Federal or Provincial Law, are owned, directly or indirectly, legally and beneficially by:

a. the Tla'amin Nation;

b. one or more trusts that is resident in Canada and is for the sole benefit of the Tla'amin Nation; or

c. any combination of the persons set out in subparagraphs a and b;

"Tla'amin Family" means a family where one or both parents or guardians live together with one or more Children and:

a. at least one of the parents or guardians is a Tla'amin Citizen; or

b. at least one of the Children is a Tla'amin Child;

"Tla'amin Fish Allocation" means in respect of a right to harvest Fish and Aquatic Plants:

a. a defined harvest quantity or quota;

b. a formula defining a harvest quantity or quota; or

c. a defined harvest area within the Tla'amin Fishing Area;

"Tla'amin Fishing Area" means:

a. for all species of Fish and Aquatic Plants other than herring, the area described in Part 1 of Appendix N-1 and identified for illustrative purposes in Part 2 of Appendix N-1 as the "Tla'amin Fishing Area"; and

b. for herring, the area described in Part 1 of Appendix N-2 and identified for illustrative purposes in Part 2 of Appendix N-2 as the "Tla'amin Herring Fishing Area";

"Tla'amin Fishing Right" means the right to harvest Fish and Aquatic Plants set out in paragraph 1 of the Fisheries Chapter;

"Tla'amin Government" means the government of the Tla'amin Nation referred to in paragraph 2 of the Governance Chapter;

"Tla'amin Harvest Document" means any fishing licence, permit or document, or amendment thereto, issued by the Minister under Federal or Provincial Law in respect of the Tla'amin Fishing Right;

"Tla'amin Institution" means Tla'amin Government or a Tla'amin Public Institution;

"Tla'amin Lands" means the lands set out in Appendix C;

"Tla'amin Law" means a law made pursuant to the Tla'amin Nation law-making authority set out in this Agreement and includes the Tla'amin Constitution;

"Tla'amin Nation" means the collectivity of those individuals eligible to be enrolled under this Agreement;

"Tla'amin Nation Certificate" means a certificate issued by the Tla'amin Nation as described under subparagraph 13.b of the Land Title Chapter;

"Tla'amin People" means those individuals who are eligible to be enrolled under this Agreement in accordance with the Eligibility and Enrolment Chapter;

"Tla'amin Plant Gathering Area" means the area set out in Appendix T;

"Tla'amin Private Lands" means those Tla'amin Lands designated as Tla'amin Private Lands by the Tla'amin Nation;

"Tla'amin Project" means a project on Tla'amin Lands that is subject to an environmental assessment under Tla'amin Law;

"Tla'amin Public Institution" means a body, board, commission or any other similar entity established under Tla'amin Law, including a school board or health board, but for greater certainty does not include Tla'amin Government;

"Tla'amin Public Lands" means Tla'amin Lands other than Tla'amin Private Lands;

"Tla'amin Public Officer" means:

a. an officer or employee of the Tla'amin Nation or a Tla'amin Institution;

b. a member, commissioner, director or trustee of a Tla'amin Public Institution;

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

d. a volunteer who participates in the delivery of programs or services by a body referred to in subparagraph b, under the supervision of a director, officer or employee of that body; or

e. an election official within the meaning of Tla'amin Law;

"Tla'amin Records" means records including any correspondence, memoranda, books, plans, maps, drawings, diagrams, pictorial or graphic work, photographs, films, microforms, sound recordings, videotape, machine readable records and any other documentary material regardless of physical form or characteristics and any copy thereof that document Tla'amin culture;

"Tla'amin Right to Gather Plants" means the right to gather Plants set out in paragraph 14 of the Tla'amin Role Outside Tla'amin Lands Chapter;

"Tla'amin Right to Harvest Migratory Birds" means the right to harvest Migratory Birds set out in paragraph 1 of the Migratory Birds Chapter;

"Tla'amin Right to Harvest Wildlife" means the right to harvest Wildlife set out in paragraph 1 of the Wildlife Chapter;

"Tla'amin Road" means any road on Tla'amin Lands under the administration and control of the Tla'amin Nation;

"Tla'amin Section 35 Rights" means the rights, anywhere in Canada, of the Tla'amin Nation, that are recognized and affirmed by section 35 of the Constitution Act, 1982;

"Total Allowable Migratory Bird Harvest" means the maximum number of a Designated Migratory Bird Population that may be harvested in a specified period of time;

"Trade and Barter" does not include sale;

"Transaction Tax" includes a tax imposed under:

a. the Carbon Tax Act;

b. the Consumption Tax Rebate and Transition Act;

c. the Hotel Room Tax Act;

d. section 4 of the Insurance Premium Tax Act;

e. the Motor Fuel Tax Act;

f. the Property Transfer Tax Act;

g. the Social Service Tax Act (except those sections pertaining to alcohol);

h. the Tobacco Tax Act; and

i. Part IX of the Excise Tax Act;

"Water Licence" means a licence, approval or other authorization under Provincial Law for the storage, diversion, extraction or use of water, and for the construction, maintenance and operation of works;

"Wildfire Suppression Agreement" means an agreement entered into by Canada, British Columbia and the Tla'amin Nation under paragraph 15 of the Forest Resources Chapter;

"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 vertebrate and invertebrate animals,

but does not include Fish or Migratory Birds; and

"Wildlife and Migratory Birds Harvest Area" means the area identified as the "Wildlife and Migratory Birds Harvest Area" in Appendix P of this Agreement, but does not include lands that are owned by Canada or lands that are administered or occupied by the Minister of National Defence, or areas temporarily being used for military training from the time that notice has been given to the Tla'amin Nation until the temporary use is completed.

Contents | Sections 1 to 28 | Schedule - Contents | Schedule - Preamble | Schedule - Chapter 1 | Schedule - Chapter 2 | Schedule - Chapter 3 | Schedule - Chapter 4 | Schedule - Chapter 5 | Schedule - Chapter 6 | Schedule - Chapter 7 | Schedule - Chapter 8 | Schedule - Chapter 9 | Schedule - Chapter 10 | Schedule - Chapter 11 | Schedule - Chapter 12 | Schedule - Chapter 13 | Schedule - Chapter 14 | Schedule - Chapter 15 | Schedule - Chapter 16 | Schedule - Chapter 17 | Schedule - Chapter 18 | Schedule - Chapter 19 | Schedule - Chapter 20 | Schedule - Chapter 21 | Schedule - Chapter 22 | Schedule - Chapter 23 | Schedule - Chapter 24 | Schedule - Chapter 25 | Schedule - Chapter 26 | Appendix - Contents | Appendix - Introduction | Appendix - Appendix A | Appendix - Appendix B | Appendix - Appendix C | Appendix - Appendix D | Appendix - Appendix E | Appendix - Appendix F | Appendix - Appendix G | Appendix - Appendix H | Appendix - Appendix I | Appendix - Appendix J | Appendix - Appendix K | Appendix - Appendix L | Appendix - Appendix M | Appendix - Appendix N | Appendix - Appendix O | Appendix - Appendix P | Appendix - Appendix Q | Appendix - Appendix R | Appendix - Appendix S | Appendix - Appendix T | Appendix - Appendix U | Appendix - Appendix V | Appendix - Appendix W | Appendix - Appendix X