Table of Contents

CHAPTER 1 — DEFINITIONS

In this Agreement:

"Agreed-Upon Programs and Services" means those programs and services agreed to by the Parties to be made available by Tsawwassen First Nation, towards which Canada or British Columbia agrees to contribute funding, and set out in a Fiscal Financing Agreement;

"Agreement" means this Tsawwassen First Nation Final Agreement among Tsawwassen First Nation, British Columbia and Canada, including all schedules and appendices to it;

"Aquatic Plants" includes all benthic and detached algae, brown algae, red algae, green algae, golden algae and phytoplankton, and all marine and freshwater flowering plants, ferns and mosses, growing in water or soils that are saturated during most of the growing season;

"Archaeological Human Remains" means human remains, of aboriginal ancestry, that are found within Tsawwassen Territory and determined not to be the subject of investigation by police or a coroner;

"Associated Burial Object" means an object that, by its attributes or location, can be demonstrated to have been placed in direct association with the burial or other funereal practice in respect of a human being, as part of the burial or other funereal practice;

"Associated Entities" means:

a. the Greater Vancouver Water District;

b. the Greater Vancouver Sewerage & Drainage District;

c. the Greater Vancouver Transportation Authority; and

d. the Greater Vancouver Housing Corporation.

"Beach Grove Parcels" means the Beach Grove Parcels set out in Appendix O-2;

"Boundary Bay Parcels" means the Boundary Bay Parcels set out in Appendix E-2;

"Burns Bog Ecological Conservancy Area" means the area set out in Appendix M that is administered under the Burns Bog Management Agreement between Canada, British Columbia, the Greater Vancouver Regional District and the Corporation of Delta, dated March 23, 2004, and managed as a functional raised bog ecosystem;

"Canadian Total Allowable Catch" means, in respect of a stock or species of Fish, the amount of the stock or species that the Minister determines is available for harvest or is harvested in Canadian waters in aboriginal, commercial and recreational fisheries;

"Capital Transfer" means an amount paid by Canada to Tsawwassen First Nation under the Capital Transfer and Negotiation Loan Repayment chapter;

"Certificate of Transfer" means a certificate issued by Tsawwassen First Nation in accordance with Tsawwassen Law certifying that the transferee named in the certificate is a permitted transferee of a fee simple interest in Tsawwassen Lands;

"Child" means an individual under the age of majority under Provincial Law;

"Child Care" means the care, supervision, social or educational training, including preschool education, or physical or mental rehabilitative therapy, of a child under the age of 13 years, with or without charge, by a caregiver other than the child's Parent, but does not include an educational program provided under the School Act or the Independent School Act or a Tsawwassen Law in relation to kindergarten to grade 12 education;

"Child in Need of Protection" has the same meaning as under Provincial Law;

"Child Protection Service" means a service that provides for the protection of Children, where the primary objective is the Safety and Well-Being of Children, having due regard for:

a. protection from abuse, neglect, and harm, or threat of abuse, neglect, or harm, and any need for intervention;

b. Children in Care;

c. support of families and caregivers to provide a safe environment and prevent abuse, neglect, and harm, or threat of abuse, neglect, or harm; and

d. support of kinship ties and a Child's attachment to the extended family;

"Children in Care" means a Child who is in the custody, care or guardianship of a Director or an individual designated with comparable authority under Tsawwassen Law;

"Community Correctional Services" means:

a. community supervision of offenders subject to court orders, including youth justice court orders, and offenders on conditional and interim release, including temporary release from a youth custody centre;

b. preparation of reports for courts, correctional centres, youth custody centres, crown counsel and parole boards;

c. the operation of diversion programs and the supervision of diverted offenders;

d. provision of community based programs and interventions for offenders;

e. identification of and referral to appropriate community resources;

f. assistance in establishing programs to meet the needs of youth in conflict with the law; and

g. other community correctional and community youth justice services as may be delivered by British Columbia or Canada from time to time;

"Conflict" means actual conflict in operation or operational incompatibility;

"Consult" means provision to a party of:

a. notice of a matter to be decided;

b. sufficient information in respect of the matter to permit the party to prepare its views on the matter;

c. a reasonable period of time to permit the party to prepare its views on the matter;

d. an opportunity for the party to present its views on the matter; and

e. a full and fair consideration of any views on the matter so presented by the party;

"Contaminated Sites" has the same meaning as contaminated sites in the Environmental Management Act;

"Contamination" has the same meaning as contamination in the Environmental Management Act;

"Core Mandatory Regional Services" means those services that are core mandatory regional services delivered by the Greater Vancouver Regional District to all members as authorized under provincial legislation, Greater Vancouver Regional District letters patent or a service establishment bylaw adopted by the board of the Greater Vancouver Regional District;

"Crown" means Her Majesty the Queen in right of Canada or Her Majesty the Queen in right of British Columbia, as the case may be;

"Crown Corridor" means a road, highway or right of way, including the Road Allowance, that is on Crown land and is used for transportation or public utility purposes, including Highway #17 and Deltaport Way;

"Cultural Heritage Site" means an area within a National Park or National Marine Conservation Area that has heritage value to a group, including aboriginal people, a community and other Canadians, and may include a traditional use, archaeological, funereal or sacred site;

"Cultural Property" means:

a. ceremonial regalia and similar personal property associated with a chief, clan or family; or

b. other personal property that has cultural significance to Tsawwassen First Nation;

"Deltaport Way Corridor" means the Road Allowance and any area of land occupied by the Railway Works, as shown in Appendix R;

"Designated Migratory Bird Population" means a population of a species of Migratory Bird that has been designated by the Minister under the Migratory Birds chapter;

"Designated Wildlife Species" means a species of Wildlife designated under clause 27 of the Wildlife chapter;

"Direct" has the same meaning, for the purposes of distinguishing between a direct tax and an indirect tax, as in class 2 of section 92 of the Constitution Act, 1867;

"Director" means an individual designated as a director by the Minister under the Child, Family and Community Service Act or the Adoption Act, as applicable;

"Disagreement" means any conflict or dispute to which the Dispute Resolution chapter applies as set out in clause 6 of that chapter;

"Dispose" means, except in the Taxation chapter, to transfer or alienate by any method and includes assign, give, sell, grant, charge, convey, bequeath, devise, lease, divest, release, and agree to do any of those things;

"Domestic Purposes" means food, social or ceremonial purposes;

"Effective Date" means the date upon which this Agreement takes effect;

"Enhancement Initiative" means an initiative that is intended to result in an increase in the abundance or variety of a stock or species of Fish through:

a. the creation of or improvement to Fish habitat; or

b. the application of Fish culture technology;

"Environment" means the components of the earth and includes:

a. air, land, and water;

b. all layers of the atmosphere;

c. all organic and inorganic matter and living organisms; and

d. interacting natural systems that include the components referred to in a, b or c;

"Environmental Assessment" means an assessment of the environmental effects of a project;

"Environmental Emergency" means an uncontrolled, unplanned, or accidental release, or release in contravention of laws or regulations, of a substance into the Environment, or the reasonable likelihood of such a release into the Environment, that:

a. has or may have an immediate or long term harmful effect on the Environment;

b. constitutes or may constitute a danger to the Environment on which human life depends; or

c. constitutes or may constitute a danger in Canada to human life or health;

"Family Development Service" means a service that provides support and development for community life and the wellbeing of families;

"Federal Expropriating Authority" means Canada or any other entity authorized under federal legislation to expropriate land or an interest in land;

"Federal Law" includes federal statutes, regulations, ordinances, orders-in-council, and the common law;

"Federal and Provincial Law" means a Federal Law and a Provincial Law;

"Federal or Provincial Law" means a Federal Law or a Provincial Law;

"Federal Project" means a project, as defined in the Canadian Environmental Assessment Act, that is subject to an Environmental Assessment under that act;

"Federal Settlement Legislation" means the act of Parliament that gives effect to this Agreement;

"First Nation Government in British Columbia" means the government of a First Nation in British Columbia that has a treaty or a lands claims agreement in effect with Canada and British Columbia;

"Fiscal Financing Agreement" means an agreement negotiated among the Parties in accordance with the Fiscal Relations chapter;

"Fish" means:

a. fish, Intertidal Bivalves and other shellfish, crustaceans and marine animals, excluding cetaceans;

b. the parts of fish, Intertidal Bivalves and other shellfish, crustaceans, and marine animals, excluding cetaceans; and

c. the eggs, sperm, spawn, larvae, spat, juvenile stages and adult stages of fish, Intertidal Bivalves and other shellfish, crustaceans and marine animals, excluding cetaceans;

"Forest Resources" means all Timber Resources, medicinal plants, fungi, branches, bark, cones, bushes, roots, moss, mushrooms, ferns, floral greens, herbs, berries, spices, seeds and plants associated with grazing, including all biota, but does not include Wildlife, Migratory Birds, water, Fish or Aquatic Plants;

"Former Tsawwassen Reserve" means that portion of the lands set out in Appendix C-4, that immediately before the Effective Date comprised the Tsawwassen Indian Reserve, and the mines and minerals set out in Appendix C-5;

"Fraser River Parcels" means the Fraser River Parcels set out in Appendix E-2;

"Greater Vancouver Housing Corporation" means the Greater Vancouver Housing Corporation incorporated under Provincial Law on June 24, 1974, and its successors;

"Greater Vancouver Regional District" means the Greater Vancouver Regional District incorporated under the Local Government Act, and its successors;

"Greater Vancouver Sewerage and Drainage District" means the Greater Vancouver Sewerage and Drainage District incorporated under the Greater Vancouver Sewerage and Drainage District Act, and its successors;

"Greater Vancouver Transportation Authority" means the Greater Vancouver Transportation Authority established as a corporation under the Greater Vancouver Transportation Authority Act, and its successors;

"Greater Vancouver Water District" means the Greater Vancouver Water District incorporated under the Greater Vancouver Water District Act, and its successors;

"Gulf Islands National Park" means the federal Crown lands and waters named and described as Gulf Islands National Park in the schedules to the Canada National Parks Act;

"Gulf Islands National Park Reserve" means the federal Crown lands and waters named and described as Gulf Islands National Park Reserve in the schedules to the Canada National Parks Act;

"Heritage Resources" includes archaeological sites, traditional use sites, culturally modified trees, trails and routes, burial or other funereal sites, structural features, and cultural landscapes;

"Highway 17 Corridor" means the portion of Highway #17 that bisects the Former Tsawwassen Reserve as shown in Appendix Q-1;

"Indian" has the same meaning as Indian under the Indian Act;

"Intellectual Property" means any intangible property right resulting from intellectual activity in the industrial, scientific, literary or artistic fields, including any right relating to patents, copyrights, trademarks, industrial designs, or plant breeders' rights;

"International Legal Obligation" means an international obligation binding on Canada under international law, including those that are in force before, on or after the Effective Date;

"International Treaty" means an agreement governed by international law and concluded in written form:

a. between states; or

b. between one or more states and one or more international organizations,

whether that agreement is embodied in a single instrument or in two or more related instruments and whatever its particular designation;

"International Tribunal" means any international court, committee, treaty body, tribunal, arbitral tribunal, or other international mechanism or procedure that has jurisdiction to consider the performance of Canada in respect of the International Legal Obligation in question;

"Intertidal Bivalves" means manila clams, littleneck clams, butter clams, horse clams, soft-shell clams, varnish clams, blue mussels, cockles and oysters;

"Land Title Office" means the New Westminster Land Title Office located in New Westminster, British Columbia, as established and described in the Land Title Act, and its successors;

"Local Boundary Road" means:

a. the portions of the following roads, including the Road Allowance, that are located along the boundary of Tsawwassen Lands:

i. 27B Avenue;

ii. 34th Street;

iii. 28th Avenue (from 52nd Street to 48th Street);

iv. 52nd Street (from 28th Avenue to Highway #17); and

v. 41B Street (portion south from Deltaport Way to portion bisecting Tsawwassen Lands); and

vi. any roads, including the Road Allowance, that are located along the boundary of lands added to Tsawwassen Lands in accordance with the Lands chapter;

"Local Road" means:

a. Nulelum Way, including the Road Allowance;

b. the portions of the following roads that are located within Tsawwassen Lands, including the Road Allowance:

i. 41B Street (portion bisecting Tsawwassen Lands);

ii. 28B Avenue (portion bisecting Tsawwassen Lands); and

iii. 27B Avenue (portion bisecting Tsawwassen Lands); and

c. any roads, including the Road Allowance, that are within lands added to Tsawwassen Lands in accordance with the Lands chapter;

"Local Government" means the council of a municipality or the board of a regional district;

"Marine Protected Area" means a marine protected area as described in subsection 35 (1) of the Oceans Act;

"Migratory Birds" means birds, as defined under Federal Law enacted further to international conventions, and, for greater certainty, includes their eggs;

"Minister" means, in respect of a matter, the Minister of Her Majesty the Queen in right of Canada, or in right of British Columbia, as the case may be, having the responsibility, from time to time, for the exercise of powers in respect of the matter in question and includes an individual appointed to serve in the department over which the Minister presides, in a capacity appropriate to the exercise of those powers;

"National Marine Conservation Area" includes a national marine conservation area reserve and means the lands and waters named and described in the schedules to the Canada National Marine Conservation Areas Act and administered under Federal Law that lie within Tsawwassen Territory;

"National Park" includes a national park reserve and means the lands and waters named and described in the schedules to the Canada National Parks Act and administered under Federal Law that lie within Tsawwassen Territory;

"National Wildlife Area" means a National Wildlife Area within Tsawwassen Territory, including Alaksen and Widgeon;

"Natural Boundary" means the visible high water mark of any lake, river, stream, or other body of water where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the body of water a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself;

"Neutral" means a person appointed to assist the Parties to resolve a Disagreement and, except in clause 23 of the Dispute Resolution chapter and Appendix P-4, includes an arbitrator;

"Neutral Appointing Authority" means the British Columbia International Commercial Arbitration Centre or, if the Centre is unavailable to make a required appointment, any other independent and impartial body or individual acceptable to the Parties;

"Non-Member" means an individual who has reached the age of majority under Provincial Law, who is ordinarily resident on Tsawwassen Lands, and who is not a Tsawwassen Member;

"Other Tsawwassen Lands" means the lands referred to in clause 18 of the Lands chapter;

"Pacific Fishery Management Area" means a management area as defined in section 2 of the Pacific Fishery Management Area Regulations made under section 43 of the Fisheries Act;

"Parent" includes an individual with whom a child resides and who stands in place of the child's father or mother;

"Parties" means Tsawwassen First Nation, Canada and British Columbia, and "Party" means any one of them;

"Periodic Review Date" means the day that is 15 years after the Effective Date, and any day that occurs at any subsequent 15 year interval from a previous Periodic Review Date;

"Person" includes an individual, a partnership, a corporation, a trust, an unincorporated association and any other entity, and a government and any agency or political subdivision thereof, and their heirs, executors, administrators and other legal representatives;

"Plants" means all flora and fungi but does not include Aquatic Plants or Timber Resources except for the bark, branches and roots of Timber Resources;

"Private Lands" means lands that are not Crown lands or Tsawwassen Lands;

"Protected Area" means provincial Crown land established or designated for any representative natural resource, recreation, conservation, historic or similar values under Provincial Law, but does not include a Provincial Park, ecological reserve or Wildlife Management Area;

"Provincial Building Regulations" means the provincial building code and other regulations under subsection 692 (1) of the Local Government Act;

"Provincial Expropriating Authority" means a provincial ministry or agency or any Person who has the authority to expropriate land under provincial legislation;

"Provincial Law" includes provincial statutes, regulations, orders-in-council and the common law;

"Provincial Park" means provincial Crown land established as a provincial park under Provincial Law;

"Provincial Project" means a reviewable project, as defined in the British Columbia Environmental Assessment Act, that is subject to an Environmental Assessment under that act;

"Provincial Settlement Legislation" means the act of the Legislature of British Columbia that gives effect to this Agreement;

"Public Utility" means:

a. a Person, or the Person's lessee, trustee, receiver or liquidator who owns or operates in British Columbia equipment or facilities for the:

i. production, gathering, processing, storage, transmission, sale, supply, distribution or delivery of petroleum, or petroleum products or by-products;

ii. production, generation, gathering, processing, storage, transmission, sale, supply, distribution or delivery of gas (including natural gas, natural gas liquids, propane and coal bed methane), electricity, steam or water or any other agent for the production of light, heat, cold or power;

iii. emission, transmission or reception of information, messages or communications by guided or unguided electromagnetic waves, including systems of cable, microwave, optical fibre or radio communications, if that service is offered to the public for compensation; or

b. a local or regional authority providing services in connection with air quality, dikes, water, sewage, solid waste disposal and wastewater treatment,

but for the purposes of this definition, Person does not include a Person engaged in the petroleum industry who is not otherwise a Public Utility;

"Railway Works" means the works of a company authorized by law to construct, own or operate a railway, and includes:

a. all branches, extensions, sidings, stations, depots, wharves, rolling stock, equipment and property connected with the railway;

b. all bridges, tunnels or other structures connected with the railway; and

c. all communications or signalling systems and related facilities and equipment used for railway purposes;

"Registrar" means the registrar of the Land Title Office;

"Renewable Resources" means Plants, birds including Migratory Birds, land mammals and traditional foods, but does not include Fish and Aquatic Plants;

"Renewable Resource Harvesting Document" means any authorizing document issued by the Minister under Federal Law in respect of the Tsawwassen Right to Harvest Renewable Resources;

"Reserve" has the same meaning as reserve in the Indian Act;

"Responsible Person" has the same meaning as responsible person in the Environmental Management Act;

"Review Period" means a time period beginning on a Periodic Review Date, and ending on a date six months later, or such other date as the Parties may agree;

"Rights of Refusal Lands" means the lands set out in Appendix H-2;

"Road Allowance" means the land used for a road or a highway, as surveyed, and includes the travelled portion, the shoulders and adjacent ditches, if any;

"Safety and Well-Being of Children" includes those guiding principles under section 2 of the Child, Family and Community Service Act;

"Salmon" means sockeye salmon, pink salmon, chinook salmon, coho salmon and chum salmon;

"Section 35 Rights of Tsawwassen First Nation" means the rights, anywhere in Canada, of Tsawwassen First Nation, that are recognized and affirmed by section 35 of the Constitution Act, 1982;

"Settlement Legislation" means the Federal Settlement Legislation and the Provincial Settlement Legislation;

"Site Profile" has the same meaning as site profile in the Environmental Management Act;

"Specific Claim Settlement" means any sum paid as compensation by Canada to Tsawwassen First Nation, which sum represents the amount negotiated by Canada and Tsawwassen First Nation in accordance with the Specific Claims Policy of Canada as compensation for a specific claim;

"Specified Lands" means the lands set out in Appendix I-2;

"State of Title Certificate" means a certificate issued under the Land Title Act as evidence of an interest in Tsawwassen Lands substantially in the form set out in Appendix D-8;

"Stewardship Activity" means an activity conducted for the assessment, monitoring, protection or management of Fish or Fish habitat;

"Subsurface Resources" includes:

a. earth, including diatomaceous earth, soil, peat, marl, sand and gravel;

b. slate, shale, argillite, limestone, marble, clay, gypsum, volcanic ash and rock;

c. minerals, including placer minerals;

d. coal, petroleum and natural gas;

e. fossils; and

f. geothermal resources;

"Surrendered Lands" has the same meaning as surrendered lands in the Indian Act;

"Terminal Surplus" means, in respect of Fraser River Chum salmon, the amount that the Minister determines is available for harvest or is harvested in Pacific Fisheries Management Area 29 or within the Fraser River by aboriginal, recreational and commercial fisheries;

"Timber Resources" means trees, whether standing, fallen, living, dead, limbed, bucked or peeled;

"Time Limited Federal Funding" means "time limited federal funding" as defined in the initial Fiscal Financing Agreement;

"Time Limited Provincial Funding" means "time limited provincial funding" as defined in the initial Fiscal Financing Agreement;

"Total Allowable Migratory Bird Harvest" means the maximum number of a Designated Migratory Bird Population that may be harvested by all harvesters in the Tsawwassen Migratory Bird Harvest Area in each year;

"Total Allowable Wildlife Harvest" means the amount determined by the Minister under clause 30 of the Wildlife chapter in relation to a Designated Wildlife Species;

"Trade and Barter" does not include sale;

"Transaction Tax" includes a tax imposed under:

a. the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317;

b. the Social Service Tax Act, R.S.B.C. 1996, c. 431 (except those sections pertaining to alcohol);

c. the Tobacco Tax Act, R.S.B.C. 1996, c. 452;

d. the Property Transfer Tax Act, R.S.B.C. 1996, c. 378;

e. the Hotel Room Tax Act, R.S.B.C. 1996, c. 207;

f. section 4 of the Insurance Premium Tax Act, R.S.B.C. 1996, c. 232; and

g. Part IX of the Excise Tax Act, R.S.C. 1985, c. E-15;

"Tsawwassen Allocation" means:

a. in respect of a Designated Wildlife Species, a defined harvest quantity or quota, or a formula for calculating a harvest quantity or quota, of a Designated Wildlife Species for Tsawwassen First Nation; and

b. in respect of Fish and Aquatic Plants:

i. a defined harvest quantity or quota;

ii. a harvest quantity or quota determined by the use of a formula;

iii. a harvest quantity or quota determined by the use of a formula with respect to a defined harvest area, within the Tsawwassen Fishing Area; or

iv. any other definition of quantity or opportunity as the Parties may agree;

"Tsawwassen Annual Fishing Plan" means a Tsawwassen Annual Fishing Plan referred to in clause 65 of the Fisheries chapter;

"Tsawwassen Artifact" means any object created by, traded to, commissioned by, or given as a gift to a Tsawwassen individual or that originated from the Tsawwassen community, past or present, and that has past and ongoing importance to the culture or spiritual practices of Tsawwassen First Nation, but does not include any object that has been traded to, commissioned by, or given as a gift to another aboriginal individual or community;

"Tsawwassen Capital" means all land, cash, and other assets transferred to, or recognized as owned by, Tsawwassen First Nation under this Agreement;

"Tsawwassen Child" means an individual under the age of majority under Provincial Law who is a Tsawwassen Member;

"Tsawwassen Constitution" means the constitution of Tsawwassen First Nation provided for in the Governance chapter;

"Tsawwassen Corporation" means a corporation that is incorporated under Federal or Provincial Law, all the shares of which are owned legally and beneficially by Tsawwassen First Nation, a Tsawwassen First Nation settlement trust, or any combination of those entities or by a wholly-owned subsidiary of any of those entities or by any combination of those entities or subsidiaries;

"Tsawwassen Fee Simple Interest" means a fee simple interest that is subject to any condition, proviso, restriction, exception, or reservation that may be set out in Tsawwassen Law;

"Tsawwassen First Nation" means the collectivity that comprises all Tsawwassen Individuals;

"Tsawwassen First Nation Government" means the government of Tsawwassen First Nation as referred to in clause 2 of the Governance chapter and has the same meaning as "Tsawwassen Government";

"Tsawwassen First Nation Law" means a law made by Tsawwassen Government under this Agreement and includes the Tsawwassen Constitution, and has the same meaning as "Tsawwassen Law";

"Tsawwassen Fishing Area" means the Tsawwassen Fishing Area shown in Appendix J-1;

"Tsawwassen Fishing Right" means the right to harvest Fish and Aquatic Plants in the Tsawwassen Fishing Area and Intertidal Bivalves in the Tsawwassen Intertidal Bivalve Fishing Area under this Agreement;

"Tsawwassen Government" means the government of Tsawwassen First Nation as referred to in clause 2 of the Governance chapter and has the same meaning as "Tsawwassen First Nation Government";

"Tsawwassen Harvest Documents" means licences, permits, documents, or amendments thereto, that are issued by the Minister under Federal or Provincial Law in respect of the Tsawwassen Fishing Right;

"Tsawwassen Individual" means an individual who is eligible to be enrolled under this Agreement in accordance with the Eligibility and Enrolment chapter;

"Tsawwassen Institution" means Tsawwassen Government or a Tsawwassen Public Institution;

"Tsawwassen Intertidal Bivalve Fishing Area" means the Tsawwassen Intertidal Bivalve Fishing Area shown in Appendix J-1;

"Tsawwassen Lands" means the lands set out in Appendix C-4 as Tsawwassen Lands;

"Tsawwassen Law" means a law made by Tsawwassen Government under this Agreement and includes the Tsawwassen Constitution, and has the same meaning as "Tsawwassen First Nation Law";

"Tsawwassen Migratory Bird Harvest Area" means Tsawwassen Territory except:

a. Marine Protected Areas;

b. National Parks and National Marine Conservation Areas; and

c. land owned or in use, or expropriated or otherwise acquired, by Canada, from time to time, other than Indian Reserves and National Wildlife Areas;

"Tsawwassen Member" means a Tsawwassen Individual who is enrolled under this Agreement in accordance with the Eligibility and Enrolment chapter;

"Tsawwassen Public Institution" means a body, board, commission or any other similar entity, including a school board or health board, established by Tsawwassen First Nation under subclause 43.a of the Governance chapter;

"Tsawwassen Public Officer" means:

a. a member, commissioner, director or trustee of a Tsawwassen Public Institution;

b. a director, officer or employee of a Tsawwassen Corporation whose principal function is to provide public programs or services reasonably similar to those provided by federal, provincial or municipal governments, rather than to engage in commercial activities;

c. an officer or employee of Tsawwassen First Nation or a Tsawwassen Institution;

d. an election official within the meaning of a Tsawwassen Law; or

e. a volunteer who participates in the delivery of services by Tsawwassen First Nation, a Tsawwassen Institution, or a body referred to in subclause b, under the supervision of an officer or employee of Tsawwassen First Nation, a Tsawwassen Institution, or a body referred to in subclause b;

"Tsawwassen Right to Gather Plants" means the right to gather Plants under this Agreement;

"Tsawwassen Right to Harvest Renewable Resources" means the right to harvest Renewable Resources under this Agreement;

"Tsawwassen Right to Harvest Migratory Birds" means the right to harvest Migratory Birds under this Agreement;

"Tsawwassen Right to Harvest Wildlife" means the right to harvest Wildlife under this Agreement;

"Tsawwassen Road" means a road, including the Road Allowance, located within Tsawwassen Lands, but does not include a road designated by Tsawwassen First Nation as a private road, or a Local Road;

"Tsawwassen Territory" means the area of land that Tsawwassen First Nation identified in its Statement of Intent to the British Columbia Treaty Commission, as shown in Appendix A;

"Tsawwassen Water Lots" means those lands, submerged lands and waters shown in Appendix F-1;

"Tsawwassen Wildlife Harvest Area" means Tsawwassen Territory except:

a. Marine Protected Areas;

b. National Parks and National Marine Conservation Areas; and

c. land owned or in use, or expropriated or otherwise acquired, by Canada, from time to time, other than Indian Reserves;

"Utility Distribution Works" means all portions of a local distribution network of a Public Utility other than Utility Transmission Works;

"Utility Transmission Works" means the portion of the transportation infrastructure of a Public Utility whose primary purpose is bulk production or transportation to local distribution networks of the product or service supplied by that utility, and includes:

a. electrical facilities or works where the line is rated at or above 60 kV phase-to-phase nominal voltage;

b. natural gas facilities or works at or exceeding 100 pounds per square inch (psi) operating pressure or six inches in outside diameter; and

c. facilities of comparable capacity of other or new Public Utilities;

"Wildlife" means:

a. all vertebrate and invertebrate animals, including mammals, birds, reptiles and amphibians; and

b. the eggs, juvenile stages, and adult stages of all vertebrates and invertebrate animals;

but does not include Fish or Migratory Birds;

"Wildlife Harvest Plan" means a Wildlife Harvest Plan referred to in the Wildlife chapter;

"Wildlife Management Area" means provincial Crown land established as a wildlife management area under Provincial Law; and

"Writ of Execution" has the same meaning as a writ of execution in the Court Order Enforcement Act.