C-3423956-57Elizabeth II2007-2008An Act to give effect to the Tsawwassen First Nation Final Agreement and to make consequential amendments to other ActsTsawwassen First Nation Final Agreement ActTsawwassen First Nation Final Agreement201303
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20086
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T-21.532200890445PreambleWhereas 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
Short titleThis Act may be cited as the Tsawwassen First Nation Final Agreement Act.
INTERPRETATION
DefinitionsThe following definitions apply in this Act.AgreementaccordAgreement means the Tsawwassen First Nation Final Agreement, between the Tsawwassen First Nation, Her Majesty in right of Canada and Her Majesty in right of British Columbia, including any amendments made to it.Tax Treatment Agreementaccord sur le traitement fiscalTax 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.Definitions in the AgreementIn 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.
Status of AgreementThe Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.
AGREEMENT
Agreement given effectThe Agreement is approved, given effect and declared valid and has the force of law.Rights and obligationsFor greater certainty, any person or body has the powers, rights, privileges and benefits conferred on the person or body by the Agreement and shall perform the duties, and is subject to the liabilities, imposed on the person or body by the Agreement.Third partiesFor greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies.
Inconsistency with AgreementThe Agreement prevails over this Act and any other federal law to the extent of any inconsistency between them.Conflict with ActThis Act prevails over any other federal law to the extent of any conflict between them.
APPROPRIATION
Payments out of C.R.F.There shall be paid out of the Consolidated Revenue Fund any sums that are required to meet the monetary obligations of Her Majesty in right of Canada under Chapters 4 and 18 of the Agreement.
LANDS
Fee simple estateOn 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, inTsawwassen Lands referred to in clause 1 of Chapter 4 of the Agreement; andOther Tsawwassen Lands referred to in subclause 18.a of that chapter.
TAXATION
Tax Treatment Agreement given effectThe Tax Treatment Agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect.
Not a treatyThe 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
Powers of Minister of Fisheries and OceansDespite 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.
Not a treatyThat Harvest 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.
APPLICATION OF OTHER ACTS
Indian ActSubject 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.
First Nations Land Management ActSubject to subsection (2), the First Nations 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 that Act do not apply in respect of the Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Lands, the Tsawwassen Government or Tsawwassen Public Institutions as of the effective date of the Agreement.ExceptionAny laws and bylaws of the Tsawwassen First Nation band that were in effect immediately before the effective date of the Agreement continue in effect on the Former Tsawwassen Reserve for 30 days beginning on that date.
Statutory Instruments ActTsawwassen 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
Incorporation by referenceTo 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
Judicial notice of AgreementsJudicial notice shall be taken of the Agreement and the Tax Treatment Agreement.Publication of AgreementsThe Agreement and the Tax Treatment Agreement shall be published by the Queen’s Printer.EvidenceA 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.
Judicial notice of Tsawwassen LawsJudicial notice shall be taken of Tsawwassen Laws.Evidence of Tsawwassen lawsA 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.
Orders and regulationsThe 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.
Chapters 21 and 24 of AgreementDespite subsection 4(1), Chapters 21 and 24 of the Agreement are deemed to have effect as of December 8, 2006.
Notice of issues arisingIf 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.Content of noticeThe notice shalldescribe the judicial or administrative proceeding;specify what the issue arises in respect of;state the day on which the issue is to be argued;give particulars necessary to show the point to be argued; andbe served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period.Participation in proceedingsIn 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.SavingFor greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.
TRANSITIONAL PROVISIONS
Existing interests — Indian ActDespite 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.Transfer of rights and obligationsOn 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.
Existing interests — First Nations Land Management ActDespite section 13, if an interest in land in the Former Tsawwassen Reserve was granted or approved under the First Nations 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.
Her Majesty not liableFor 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 actin 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); orin the exercise of powers, duties and functions in respect of such an interest that arise from Tsawwassen Laws.Indemnification of Her MajestyThe 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).
Indemnification of Tsawwassen First NationFor as long as the First Nations 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 that Act continued to apply to those lands.
Documents in land registriesAs 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 have no effect.
CONSEQUENTIAL AMENDMENTSAccess to Information Act
[Amendment]
First Nations Land Management Act
[Amendment]
Fisheries Act
[Amendment]
Payments in Lieu of Taxes Act
[Amendment]
Privacy Act
[Amendment]
COORDINATING AMENDMENTS
[Amendment]
[Amendments]
COMING INTO FORCE
Order in councilThis Act, other than sections 19, 31 and 32, comes into force on a day to be fixed by order of the Governor in Council.[Note: Sections 19, 31 and 32 in force on assent June 26, 2008; Act, other than sections 19, 31 and 32, in force April 3, 2009, see SI/2008-147.]