The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 7th day of November, 2007
Ian D. Izard, Q.C., Law Clerk
1. Any Party may propose an amendment to this Agreement.
2. Before proceeding with an amendment to this Agreement, the Parties will attempt to find other means to address the interests of the Party proposing the amendment.
3. Amendments to this Agreement require the consent of all Parties.
4. Where the Parties agree to amend this Agreement, they will determine the form and wording of the amendment, including additions, substitutions and deletions.
5. Canada will give consent to an amendment to this Agreement by order of the Governor in Council.
6. British Columbia will give consent to an amendment to this Agreement by resolution of the Legislative Assembly of British Columbia.
7. Where federal or provincial legislation is required to give effect to an amendment to this Agreement, Canada or British Columbia, as the case may be, will take all reasonable steps to enact the legislation.
8. Tsawwassen First Nation will give consent to an amendment to this Agreement by a resolution of the legislative members of Tsawwassen Government.
9. Unless the Parties agree otherwise, an amendment to this Agreement takes effect once the consent requirements under clauses 3, 5, 6 and 8 are completed and any legislation required under clause 7 has been brought into force.
10. Each Party will give notice to the other Parties when consent in accordance with clause 5, 6 or 8, as applicable, has been given and when any legislation referred to in clause 7, if applicable, has been brought into force.
11. Despite the requirement for consent referred to in clauses 3, 5, 6, 8 and 9, where this Agreement provides that the Parties will amend this Agreement upon the happening of an event, the Parties will take all further steps necessary, including those referred to in clause 4, to conclude and give effect to the amendment.
12. The Parties agree to take the necessary steps to implement an amendment to this Agreement as soon as possible after the amendment takes effect.
13. Each Party will be responsible for publishing all amendments to this Agreement.
14. 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;
ii. the library of the Department of Indian Affairs and Northern Development in the National Capital Region; and
iii. the library of the regional office of the Department of Indian Affairs and Northern Development in British Columbia;
b. by British Columbia, in the Legislative Library of British Columbia;
c. by Tsawwassen First Nation, in its main office; and
d. any other location agreed by the Parties.
15. The Parties recognize and acknowledge that this Agreement provides a foundation for an ongoing relationship among the Parties and commit to conducting a periodic review of this Agreement in accordance with clauses 16 through 23.
16. 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 clause 17 and if no notice is provided the Parties will forgo engaging in a review for that Review Period.
17. 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 legal and administrative systems of Canada and British Columbia with those of Tsawwassen First Nation, including law-making authorities that are being exercised by Tsawwassen First Nation under this Agreement;
b. the practicability of processes established by the Parties in accordance with this Agreement; and
c. other matters in respect of the implementation of the provisions of this Agreement as the Parties may agree in writing.
18. Unless the Parties agree otherwise, the discussion under clause 17 will take place on the Periodic Review Date and such other dates as the Parties agree, but will not exceed the applicable Review Period, and 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.
19. Unless the Parties agree otherwise, the periodic review and all discussions and information relating to the matter of the periodic review are without prejudice to the respective legal positions of the Parties.
20. Nothing made or done in respect of a periodic review, including the discussions or the responses provided by the Parties, creates any legally binding rights or obligations.
21. Except for the commitment of the Parties to meet and provide written responses as set out in clause 18, neither the periodic review process nor the decisions or actions of the Parties relating in any way to the periodic review process are:
a. subject to the process set out in the Dispute Resolution chapter; or
b. reviewable by a court or in any other forum.
22. For greater certainty, none of the Parties is required to agree to amend this Agreement or any agreement contemplated by this Agreement as a result of a periodic review. Where the Parties agree to amend this Agreement, any such amendment will be made in accordance with this chapter. Where the Parties agree to amend an agreement contemplated by this Agreement, the agreement will be amended in accordance with its terms.
23. Each of the Parties will be responsible for its own costs in relation to a periodic review process.