Tsawwassen First Nation Final Agreement Act (S.C. 2008, c. 32)

Act current to 2013-05-20 and last amended on 2009-04-03. Previous Versions

APPROPRIATION

Marginal note: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

Marginal note:Fee 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

Marginal note:Tax 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.

Marginal note:Not 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

Marginal note:Powers 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.

Marginal note:Not a treaty

 That 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

Marginal note:Indian 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.

Marginal note:First Nations Land Management Act
  •  (1) Subject 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.

  • Marginal note:Exception

    (2) Any 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.