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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 2 — GENERAL PROVISIONS

NATURE OF THIS 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.

AGREEMENT IS BINDING

2. This Agreement is binding on the Parties and all persons.

3. The Parties and all persons are entitled to rely on this Agreement.

4. Canada and British Columbia will recommend to Parliament and the Legislature, respectively, that Federal Settlement Legislation and Provincial Settlement Legislation provide that this Agreement is approved, given effect, declared valid and has the force of law.

REPRESENTATIONS AND WARRANTIES

5. The Tla'amin Nation represents and warrants to Canada and British Columbia that, in relation to the matters dealt with in this Agreement, it has the authority to enter into this Agreement on behalf of all individuals who, based on their identity as Tla'amin People, may exercise any aboriginal rights, including aboriginal title, in Canada, or may make any claims to those rights.

6. Canada and British Columbia represent and warrant to the Tla'amin Nation that, in relation to the matters dealt with in this Agreement, they have the authority to enter into this Agreement within their respective authorities.

CONSTITUTION OF CANADA

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

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

b. the identity of the Tla'amin Nation as an aboriginal people of Canada within the meaning of the Constitution Act, 1982; and

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

8. The Canadian Charter of Rights and Freedoms, including section 25, applies to the Tla'amin Nation in respect of all matters within its authority.

CHARACTER OF TLA'AMIN LANDS

9. There are no "Lands reserved for the Indians" within the meaning of the Constitution Act, 1867 for the Tla'amin Nation and there are no Indian Reserves for the use and benefit of the Tla'amin Nation. For greater certainty, Tla'amin Lands are not "Lands reserved for the Indians" within the meaning of the Constitution Act, 1867 and are not Indian Reserves.

APPLICATION OF FEDERAL AND PROVINCIAL LAW

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

11. Federal Settlement Legislation prevails to the extent of a Conflict with other Federal Laws.

12. Provincial Settlement Legislation prevails to the extent of a Conflict with other Provincial Laws.

13. Federal and Provincial Law apply to the Tla'amin Nation, Tla'amin Institutions, Tla'amin Corporations, Tla'amin Citizens, Tla'amin Lands and Other Tla'amin Lands.

14. Where an authority or obligation of British Columbia referred to in this Agreement is based on a delegation of authority from Canada, the reference to British Columbia will be deemed to be a reference to Canada if:

a. the delegation of that authority is revoked; or

b. 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.

15. Where an authority or obligation of Canada referred to in this Agreement is based on a delegation of authority from British Columbia, the reference to Canada will be deemed to be a reference to British Columbia if:

a. the delegation of that authority is revoked; or

b. 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.

16. Any licence, permit, tenure 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 be part of this Agreement. This Agreement prevails to the extent of an inconsistency with any such licence, permit, tenure or other authorization.

17. For greater certainty, paragraph 16 does not limit the obligation of the Minister to issue a Tla'amin Harvest Document under paragraph 76 of the Fisheries Chapter.

RELATIONSHIP OF LAWS

18. Notwithstanding any other rule of priority in this Agreement, Federal or Provincial Law prevails over Tla'amin Law to the extent of any Conflict involving a provision of a Tla'amin Law that has a double aspect with or an incidental impact on:

a. any area of federal or provincial jurisdiction for which the Tla'amin Nation does not have any law-making authority; or

b. any area of jurisdiction for which Federal or Provincial Law prevails.

19. For greater certainty, the Tla'amin Nation law-making authority under this Agreement does not extend to criminal law and procedure, Intellectual Property, official languages of Canada, aeronautics, navigation and shipping, or labour relations and working conditions.

20. Notwithstanding any other rule of priority in this Agreement, Federal Law prevails over Tla'amin Law to the extent of any Conflict involving a provision of a Tla'amin Law that Conflicts or is inconsistent with Federal Law in relation to peace, order and good government, criminal law, human rights, the protection of health and safety of all Canadians, or other matters of overriding national importance.

21. Canada will recommend to Parliament that Federal Settlement Legislation include a provision that, to the extent a Provincial Law does not apply of its own force to the Tla'amin Nation, Tla'amin Institutions, Tla'amin Corporations, Tla'amin Citizens, Tla'amin Lands or Other Tla'amin Lands, the Provincial Law will, subject to Federal Settlement Legislation and any other Act of Parliament, apply in accordance with this Agreement to the Tla'amin Nation, Tla'amin Institutions, Tla'amin Corporations, Tla'amin Citizens, Tla'amin Lands and Other Tla'amin Lands, as the case may be.

22. Unless otherwise provided in this Agreement, Tla'amin Law does not apply to Canada or British Columbia.

23. Tla'amin Law is of no force or effect to the extent of an inconsistency or Conflict with this Agreement.

INTERNATIONAL LEGAL OBLIGATIONS

24. 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 the Tla'amin Nation under this Agreement, Canada will Consult with the Tla'amin Nation in relation to the International Treaty either separately or through a forum that Canada determines is appropriate.

25. Where Canada informs the Tla'amin Nation that it considers that a Tla'amin Law or other exercise of power by the Tla'amin Government causes Canada to be unable to perform an International Legal Obligation, the Tla'amin Nation and Canada will discuss remedial measures to enable Canada to perform the International Legal Obligation.

26. Subject to paragraph 27, the Tla'amin Nation will remedy the Tla'amin Law or other exercise of power by the Tla'amin Government to the extent necessary to enable Canada to perform the International Legal Obligation.

27. Subject to paragraph 29, where Canada and the Tla'amin Nation disagree over whether a Tla'amin Law or other exercise of power by the Tla'amin Government causes Canada to be unable to perform an International Legal Obligation, the dispute will be finally determined by arbitration under the Dispute Resolution Chapter, and:

a. where the arbitrator, having taken into account all relevant considerations, including any reservations and exceptions taken by Canada, determines that the Tla'amin Law or other exercise of power by the Tla'amin Government 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 Tla'amin Law or other exercise of power by the Tla'amin Government; or

b. where the arbitrator, having taken into account all relevant considerations, including any reservations and exceptions available to Canada, determines that the Tla'amin Law or other exercise of power by the Tla'amin Government 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, the Tla'amin Nation will remedy the Tla'amin Law or other exercise of power by the Tla'amin Government to the extent necessary to enable Canada to perform the International Legal Obligation.

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

29. Where there is a finding of an International Tribunal of non-performance of an International Legal Obligation of Canada attributable to a Tla'amin Law or other exercise of power by the Tla'amin Government, the Tla'amin Nation will, at the request of Canada, remedy the Tla'amin Law or other exercise of power by the Tla'amin Government to enable Canada to perform the International Legal Obligation consistent with the compliance of Canada or British Columbia, as applicable, with that International Legal Obligation.

APPLICATION OF THE INDIAN ACT

30. Subject to the Transition Chapter, the Indian Act does not apply to the Tla'amin Nation, Tla'amin Institutions, Tla'amin Citizens, Tla'amin Lands and Other Tla'amin Lands, except for:

a. the purpose of determining whether an individual is an "Indian"; and

b. section 87 of that Act in respect of Tla'amin Citizens prior to the dates set out in paragraph 16 of the Taxation Chapter.

31. Subject to paragraph 6 of the Transition Chapter, the Framework Agreement on First Nation Land Management, the First Nations Land Management Act and the Sliammon First Nation Land Code have no application to the Tla'amin Nation, Tla'amin Institutions, Tla'amin Citizens or Tla'amin Lands.

32. For so long as the First Nations Land Management Act is in force, Canada will indemnify the Tla'amin Nation, and the Tla'amin Nation will indemnify Canada, in relation to Former Sliammon Indian Reserves, in the same manner and under the same conditions as would be the case if that Act applied to those lands.

OTHER RIGHTS, BENEFITS AND PROGRAMS

33. Tla'amin Citizens who are Canadian citizens or permanent residents of Canada continue to be entitled to all of the rights and benefits for which they would otherwise be eligible as Canadian citizens or permanent residents of Canada.

34. Subject to paragraph 36, nothing in this Agreement affects the ability of the Tla'amin Nation, Tla'amin Institutions, Tla'amin Corporations or Tla'amin Citizens to participate in, or benefit from, programs established by Canada or British Columbia for aboriginal people, registered Indians or other Indians in accordance with criteria established for those programs from time to time.

35. Nothing in this Agreement affects the ability of the Tla'amin Nation, Tla'amin Institutions, Tla'amin Corporations or Tla'amin Citizens to apply for or bid on any commercial, economic or other activity or project for which they would otherwise be eligible.

36. Tla'amin Citizens 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 Tla'amin Nation has not assumed responsibility for those programs or public services under a Fiscal Financing Agreement or other funding agreement.

COURT DECISIONS

37. Where a superior court of a province, the Federal Court of Canada or the Supreme Court of Canada finally determines that any provision of this Agreement is 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 this Agreement will be construed, to the extent possible, to give effect to the intent of the Parties.

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

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

CERTAINTY

Full and Final Settlement

40. This Agreement constitutes the full and final settlement with respect to the Tla'amin Nation's aboriginal rights, including aboriginal title, in Canada.

Exhaustively Sets Out Rights

41. This Agreement exhaustively sets out Tla'amin Section 35 Rights, the attributes and the geographic extent of those rights, and the limitations to those rights, to which the Parties have agreed, and those rights are:

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

b. the jurisdictions, authorities and rights of the Tla'amin Nation and Tla'amin Government; and

c. the other Tla'amin Section 35 Rights.

Modification

42. Notwithstanding the common law, as a result of this Agreement and the Federal Settlement Legislation and Provincial Settlement Legislation, the Tla'amin Nation's aboriginal rights, including aboriginal title, as they existed anywhere in Canada before the Effective Date, including the attributes and the geographic extent of those rights, are modified, and continue as modified, as set out in this Agreement.

43. For greater certainty, the Tla'amin Nation's aboriginal title as it existed anywhere in Canada before the Effective Date, including its attributes and geographic extent, is modified and continues as the estates in fee simple to those areas identified in this Agreement as Tla'amin Lands and Other Tla'amin Lands.

Purpose of Modification

44. The purpose of the modification referred to in paragraph 42 is to ensure that as of the Effective Date:

a. the Tla'amin Nation has, and can exercise, Tla'amin Section 35 Rights as set out in this Agreement, including the attributes and geographic extent of those rights, 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 consistent with this Agreement; and

c. Canada, British Columbia and all other persons do not have any obligations in relation to any of the Tla'amin Nation's aboriginal rights, including aboriginal title, to the extent that they might be in any way other than, or different in attributes or geographic extent from, Tla'amin Section 35 Rights as set out in this Agreement.

45. For greater certainty, any aboriginal rights, including aboriginal title, that the Tla'amin Nation may have are not extinguished, but are modified and continue as modified as set out in this Agreement.

Release of Past Claims

46. The Tla'amin Nation releases Canada, British Columbia and all other persons from all claims, demands, actions or proceedings, of whatever kind, whether known or unknown, that the Tla'amin 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 of the Tla'amin Nation's aboriginal rights, including aboriginal title, in Canada.

Indemnities

47. The Tla'amin Nation will indemnify and save harmless Canada or British Columbia, as the case may be, from any:

a. costs, excluding fees and disbursements of solicitors and other professional advisors;

b. damages;

c. losses; or

d. liabilities

that Canada or British Columbia, respectively, may suffer or incur in connection with, or as a result of, any claims, demands, actions or proceedings relating to or arising out of any act or omission before the Effective Date that may have affected or infringed any of the Tla'amin Nation's aboriginal rights, including aboriginal title, in Canada.

48. The Tla'amin Nation will indemnify and save harmless Canada or British Columbia, as the case may be, from any:

a. costs, excluding fees and disbursements of solicitors and other professional advisors;

b. damages;

c. losses; or

d. liabilities

that Canada, or British Columbia, respectively, may suffer or incur in connection with or as a result of any claims, demands, actions or proceedings relating to or arising out of the existence of any aboriginal right, including aboriginal title, of the Tla'amin Nation in Canada that is other than, or different in attributes or geographical extent from, Tla'amin Section 35 Rights as set out in this Agreement.

49. A Party who is the subject of a claim, demand, action or proceeding that may give rise to a requirement to provide payment to that Party under an indemnity under this Agreement:

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

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

SPECIFIC CLAIMS

50. Nothing in this Agreement precludes the Tla'amin Nation from pursuing any claims, including any claims respecting Teeskwat, that fall within the scope of Canada's Specific Claims Policy, in accordance with that policy, the Specific Claims Tribunal Act or in court. For greater certainty, if the Tla'amin Nation pursues a specific claim in court, Canada reserves the right to plead all defenses available to it including limitation periods, laches and lack of admissible evidence.

51. For greater certainty, the Tla'amin Nation's claims referred to in paragraph 50 will not result in any land being declared to be, or being set aside as, "Lands reserved for the Indians" within the meaning of the Constitution Act, 1867 for the Tla'amin Nation or an Indian Reserve for the use and benefit of the Tla'amin Nation.

OTHER ABORIGINAL PEOPLE

52. Nothing in this Agreement affects, recognizes or provides any rights under section 35 of the Constitution Act, 1982 for any aboriginal people other than the Tla'amin Nation.

53. Where 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 the Tla'amin 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. where 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.

54. Where 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 another aboriginal people, and that treaty or land claims agreement adversely affects Tla'amin Section 35 Rights as set out in this Agreement, Canada or British Columbia, or both, as the case may be, will provide the Tla'amin Nation with additional or replacement rights or other appropriate remedies.

55. At the request of the Tla'amin Nation, the Parties will negotiate and attempt to reach agreement on the provision of those additional or replacement rights or other appropriate remedies under paragraph 54.

CONSULTATION

56. Neither Canada nor British Columbia has any obligation to Consult with the Tla'amin Nation except:

a. as provided for in this Agreement;

b. as provided for in Federal or Provincial Law;

c. as provided for in an agreement with the Tla'amin Nation other than this Agreement; and

d. as may be required at common law in relation to an infringement of a Tla'amin Section 35 Right.

57. Nothing in this Agreement, nor any action or authority taken, exercised or carried out by Canada or British Columbia in accordance with this Agreement will be, or will be interpreted to be, an infringement of a Tla'amin Section 35 Right.

PERIODIC REVIEW

58. The Parties recognize and acknowledge that this Agreement provides a foundation for an ongoing relationship amongst the Parties and commit to conducting a periodic review of this Agreement in accordance with paragraphs 59 to 65.

59. At least sixty days before each Periodic Review Date, each Party will provide the other Parties with written notice if the Party wishes to discuss a matter contemplated by paragraph 60, and if no notice is provided by any Party, the Parties will forego engaging in a review for that Review Period.

60. The purpose of the periodic review is to provide an opportunity for the Parties to meet and discuss:

a. the practicability of the harmonization of the Tla'amin Nation's legal and administrative systems, including law-making authorities that are being exercised by the Tla'amin Nation, with those of Canada and British Columbia;

b. the practicability of processes established by the Parties under this Agreement; and

c. other matters in relation to the implementation of this Agreement as may be agreed to by the Parties in writing.

61. Unless the Parties otherwise agree, the discussion under paragraph 60 will take place on the Periodic Review Date and such other dates as the Parties agree, but will not exceed the applicable Review Period. Within 60 days of the end of that discussion each Party will provide the other Parties with its written response on any matter discussed during that Review Period.

62. The periodic review under paragraphs 58 to 65 and all discussions and information relating to the periodic review are without prejudice to the legal positions of the Parties, unless the Parties otherwise agree. Nothing made or done in relation to a periodic review, including the discussions or the responses provided by the Parties, except for any amendments made pursuant to paragraph 64, creates any legally binding rights or obligations.

63. Except for the Parties' commitment to meet and provide written responses under paragraph 61, neither the periodic review process under paragraphs 58 to 65, nor the decisions or actions of the Parties relating in any way to the periodic review process, is:

a. subject to the Dispute Resolution Chapter; or

b. reviewable by a court or in any other forum.

64. For greater certainty:

a. no Party is required to agree to amend this Agreement or any agreement contemplated by this Agreement as a result of the periodic review under paragraphs 58 to 65;

b. where the Parties agree to amend this Agreement, any such amendment will be made in accordance with the Amendment Chapter; and

c. where the Parties agree to amend an agreement contemplated by this Agreement, the agreement will be amended in accordance with its terms.

65. Each of the Parties will be responsible for its own costs in relation to the periodic review process.

INFORMATION AND PRIVACY

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

67. Where the Tla'amin 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 the Tla'amin Nation information that is only available to a particular province or particular provinces, or that is not available to any provinces.

68. The Parties may enter into agreements in relation to any one or more of the collection, protection, retention, use, disclosure and confidentiality of personal, general or other information in accordance with any applicable legislation, including federal and provincial access to information and privacy legislation.

69. Canada or British Columbia may provide information to the Tla'amin Nation in confidence if the Tla'amin Nation has made a law or 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.

70. Notwithstanding any other provision of this Agreement:

a. Canada and British Columbia are not required to disclose any 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;

b. where Federal or Provincial Law 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; and

c. the Parties are not required to disclose any information that may be withheld under a privilege at law.

OBLIGATION TO NEGOTIATE

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

72. 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 arbitration under Stage Three unless, in a particular case, they are required to do so under paragraph 27 of the Dispute Resolution Chapter.

73. Where this Agreement provides that a dispute will be "finally determined by arbitration", the dispute will be referred to arbitration under paragraph 27 of the Dispute Resolution Chapter, unless none of the Parties directly engaged in the Disagreement delivers notice to all Parties under Appendix X-6.

ENTIRE AGREEMENT

74. 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.

75. The Schedules and Appendices to this Agreement form part of this Agreement.

NO IMPLIED WAIVER

76. Any waiver of:

a. a provision of this Agreement;

b. the performance by a Party of an obligation under this Agreement; or

c. a default by a Party of an obligation under this Agreement,

will be in writing and signed by the Party or Parties giving the waiver and will not be a waiver of any other provision, obligation or subsequent default.

ASSIGNMENT

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

ENUREMENT

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

MINOR CHANGES AND CORRECTIONS

79. After ratification of this Agreement by the Tla'amin Nation, but before the Parties sign this Agreement, the Chief Negotiators on behalf of Canada, British Columbia and the Tla'amin Nation may agree to minor changes to this Agreement.

80. Before the Effective Date, the Chief Negotiators for Canada, British Columbia and the Tla'amin Nation may agree to amendments to this Agreement and the Appendices to update information or correct any editing, grammatical or typographical errors. Any updated information or corrections may be incorporated in the printing of this Agreement and the Appendices after the Effective Date.

INTERPRETATION

81. The provisions of this Chapter prevail over the provisions in the other Chapters, the Schedules to the other Chapters and the Appendices to the extent of an inconsistency.

82. No agreement, plan, guideline or other document made or issued by a Party or Parties that is referred to or contemplated by this Agreement, including an agreement that is reached as a result of negotiations that are required or permitted by this Agreement:

a. is part of this Agreement; or

b. is a treaty or land claims agreement, or creates, recognizes or affirms any aboriginal or treaty rights, within the meaning of sections 25 and 35 of the Constitution Act, 1982.

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

84. In this Agreement:

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

b. "may" is to be construed as permissive and empowering;

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

d. "harvest" includes attempts to harvest and "gather" includes attempts to gather;

e. "provincial" means relating to the province of British Columbia;

f. a reference in a Chapter of this Agreement to a "paragraph", "subparagraph" or "Schedule" means a paragraph, subparagraph or schedule of that Chapter;

g. a reference to a "Chapter", "paragraph", "subparagraph", "Schedule" or "Appendix" means a Chapter, paragraph, subparagraph, schedule or appendix of this Agreement;

h. 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;

i. the use of the singular includes the plural and the use of the plural includes the singular;

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

k. a reference to a statute will include every amendment to it, every regulation made under it, every amendment made to a regulation made under it and any law enacted in substitution for, or in replacement of, it.

85. The Parties acknowledge that the Official Languages Act applies to this Agreement, including the execution of this Agreement.

86. Notwithstanding paragraph 2, this Agreement is not intended to bind provinces, other than British Columbia, or territories, on matters within their jurisdiction without their consent.

NOTICE

87. In paragraphs 88 to 93, "communication" includes a notice, document, request, response, confirmation, approval, authorization or consent.

88. Unless otherwise set out in this Agreement, a communication between or among the Parties under this Agreement will be in writing and:

a. delivered personally or by courier;

b. transmitted by fax or electronic mail; or

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

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

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

b. where transmitted by fax or electronic mail and the sender receives confirmation of the transmission, on the next business day after the day on which confirmation was transmitted; or

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

90. The Parties may agree to give, make or deliver a communication by means other than those set out in paragraph 88.

91. The Parties will provide to each other addresses for delivery of communications under this Agreement and, subject to paragraph 92, will deliver a communication to the address provided by each Party.

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

For:Canada
Attention:Minister of Aboriginal 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
Parliament Buildings
PO Box 9051 Stn Prov Govt
Victoria, British Columbia V8W 9E2
Fax:(250) 953-4856
For:Tla'amin Nation
Attention:Chief, Tla'amin Nation
6686 Sliammon Road
Powell River, British Columbia V8A 0B8
Fax:(604) 483-9769

93. A Party may change its address or fax number by giving a notice of the change to the other Parties.

DEPOSIT OF AGREEMENT

94. The Parties will deposit a copy of this Agreement and any amendments to this Agreement, including any instruments giving effect to an amendment, in the following locations:

a. by Canada in:

i. the Library of Parliament; and

ii. the library of Aboriginal Affairs and Northern Development Canada;

b. by British Columbia in:

i. the Legislative Library of British Columbia; and

ii. the applicable offices of the Registrar;

c. by the Tla'amin Nation in its main office; and

d. any other locations agreed to by the Parties.

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