Contents
Whereas the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada;Whereas the Tsawwassen First Nation is part of the Coast Salish, an aboriginal people of Canada;Whereas the reconciliation between the prior presence of aboriginal peoples and the assertion of sovereignty by the Crown is of significant social and economic importance to Canadians;Whereas Canadian courts have stated that this reconciliation is best achieved through negotiation;Whereas the Tsawwassen First Nation, the government of Canada and the government of British Columbia have negotiated the Agreement to achieve this reconciliation and to establish a new relationship among them;And whereas the Agreement requires that legislation be enacted by the Parliament of Canada in order for the Agreement to be ratified;Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
1Short title#
This Act may be cited as the Tsawwassen First Nation Final Agreement Act.
Interpretation
2Definitions#
(1)The following definitions apply in this Act.
Tax Treatment Agreement means the Tsawwassen Tax Treatment Agreement referred to in clause 22 of Chapter 20 of the Agreement, including any amendments made to it. (accord sur le traitement fiscal)
(2)In this Act, Former Tsawwassen Reserve, Tsawwassen Corporation, Tsawwassen First Nation, Tsawwassen Government, Tsawwassen Lands, Tsawwassen Law, Tsawwassen Member, Tsawwassen Public Institution and Tsawwassen Territory have the same meanings as in Chapter 1 of the Agreement.
Agreement
Appropriation
Lands
7Fee simple estate#
On the effective date of the Agreement, the Tsawwassen First Nation owns the estate in fee simple, as set out in Chapter 4 of the Agreement, in
(a)Tsawwassen Lands referred to in clause 1 of Chapter 4 of the Agreement; and
(b)Other Tsawwassen Lands referred to in subclause 18.a of that chapter.
Taxation
8Tax Treatment Agreement given effect#
The Tax Treatment Agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect.
9Not a treaty#
The Tax Treatment Agreement does not form part of the Agreement and is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.
Fisheries
10Powers of Minister of Fisheries and Oceans#
Despite section 7 of the Fisheries Act, the Minister of Fisheries and Oceans may, on behalf of Her Majesty in right of Canada, enter into and implement the Tsawwassen First Nation Harvest Agreement referred to in clause 102 of Chapter 9 of the Agreement, including any amendments made to it.
Application of Other Acts
12Indian Act#
Subject to the provisions of Chapter 3 of the Agreement that deal with the continuing application of the Indian Act, and clauses 16 to 21 of Chapter 20 of the Agreement, the Indian Act does not apply to the Tsawwassen First Nation, Tsawwassen Members, the Tsawwassen Government or Tsawwassen Public Institutions as of the effective date of the Agreement, except for the purpose of determining whether an individual is an Indian.
13Framework Agreement on First Nation Land Management Act#
The Framework Agreement on First Nation Land Management Act, the Framework Agreement as defined in subsection 2(1) of that Act and the Tsawwassen land code — adopted under subsection 6(1) of the First Nations Land Management Act, as it read before the coming into force of the Framework Agreement on First Nation Land Management Act — do not apply in respect of the Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Lands, the Tsawwassen Government or Tsawwassen Public Institutions.note
14Statutory Instruments Act#
Tsawwassen Laws and other instruments made under the Agreement are not statutory instruments for the purposes of the Statutory Instruments Act.
Application of Laws of British Columbia
15Incorporation by reference#
To the extent that a law of British Columbia does not apply of its own force to the Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Lands, the Tsawwassen Government, Tsawwassen Public Institutions or Tsawwassen Corporations because of the exclusive legislative jurisdiction of Parliament set out in Class 24 of section 91 of the Constitution Act, 1867, that law applies to it or to them by virtue of this section, in accordance with the Agreement and subject to this Act and any other Act of Parliament.
General
16Judicial notice of Agreements#
(1)Judicial notice shall be taken of the Agreement and the Tax Treatment Agreement.
(2)The Agreement and the Tax Treatment Agreement shall be published by the Queen’s Printer.
(3)A copy of the Agreement or the Tax Treatment Agreement published by the Queen’s Printer is evidence of that agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is deemed to be so published, unless the contrary is shown.
17Judicial notice of Tsawwassen Laws#
(1)Judicial notice shall be taken of Tsawwassen Laws.
(2)A copy of a Tsawwassen Law purporting to be deposited in a public registry of laws referred to in subclause 16.a of Chapter 16 of the Agreement is evidence of that law and of its contents, unless the contrary is shown.
18Orders and regulations#
The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out any of the provisions of the Agreement or of the Tax Treatment Agreement.
19Chapters 21 and 24 of Agreement#
Despite subsection 4(1), Chapters 21 and 24 of the Agreement are deemed to have effect as of December 8, 2006.
20Notice of issues arising#
(1)If an issue arises in any judicial or administrative proceeding in respect of the interpretation or validity of the Agreement, or the validity or applicability of this Act, the British Columbia Tsawwassen First Nation Final Agreement Act or any Tsawwassen Law, then the issue shall not be decided until the party raising the issue has served notice on the Attorney General of Canada, the Attorney General of British Columbia and the Tsawwassen First Nation.
(2)The notice shall
(a)describe the judicial or administrative proceeding;
(b)specify what the issue arises in respect of;
(c)state the day on which the issue is to be argued;
(d)give particulars necessary to show the point to be argued; and
(e)be served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period.
(3)In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of Canada, the Attorney General of British Columbia and the Tsawwassen First Nation may appear and participate in the proceeding as parties with the same rights as any other party.
(4)For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.
Transitional Provisions
21Existing interests — Indian Act#
(1)Despite section 12, if an interest in land in the Former Tsawwassen Reserve was granted or approved under the Indian Act and exists on the effective date of the Agreement, the interest continues in effect in accordance with its terms and conditions unless a replacement interest is issued in accordance with Chapter 4 of the Agreement.
(2)On the effective date of the Agreement, the rights and obligations of Her Majesty in right of Canada as grantor in respect of such an interest are transferred to the Tsawwassen First Nation, which assumes those rights and obligations in accordance with the interest’s terms and conditions.
22Existing interests — First Nations Land Management Act#
If an interest in land in the Former Tsawwassen Reserve was granted or approved under the First Nations Land Management Act, as it read before the coming into force of the Framework Agreement on First Nation Land Management Act, and exists on the effective date of the Agreement, the interest continues in effect in accordance with its terms and conditions unless a replacement interest is issued in accordance with Chapter 4 of the Agreement.note
23Her Majesty not liable#
(1)For greater certainty, Her Majesty in right of Canada is not liable in respect of anything done or omitted to be done after the effective date of the Agreement by the Tsawwassen First Nation or any person or body authorized by it to act
(a)in the exercise of the Tsawwassen First Nation’s rights and obligations referred to in subsection 21(2) in respect of an interest in land referred to in subsection 21(1); or
(b)in the exercise of powers, duties and functions in respect of such an interest that arise from Tsawwassen Laws.
(2)The Tsawwassen First Nation shall indemnify Her Majesty in right of Canada for any loss suffered by Her Majesty in right of Canada as a result of an act or omission referred to in subsection (1).
24Indemnification of Tsawwassen First Nation#
For as long as the Framework Agreement on First Nation Land Management Act is in force, Her Majesty in right of Canada shall, as of the effective date of the Agreement, indemnify the Tsawwassen First Nation in respect of lands in 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, as it read before the coming into force of the Framework Agreement on First Nation Land Management Act, continued to apply to those lands.note
25Documents in land registries#
As of the effective date of the Agreement, registrations or records affecting Tsawwassen Lands that are registered or recorded in a land registry under the Indian Act or the First Nations Land Management Act, as it read before the coming into force of the Framework Agreement on First Nation Land Management Act, have no effect.note
Consequential Amendments
Access to Information Act
First Nations Land Management Act
Fisheries Act
Payments in Lieu of Taxes Act
Privacy Act
Coordinating Amendments
Coming into Force
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.