Table of Contents

CHAPTER 12 —
NATIONAL PARKS AND NATIONAL MARINE
CONSERVATION AREAS

GENERAL

1.  Tsawwassen First Nation has the right to harvest Renewable Resources for Domestic Purposes:

a. in National Parks that are wholly or partly within Tsawwassen Territory; and

b. in National Marine Conservation Areas that are wholly or partly within Tsawwassen Territory, if any are established,

in accordance with this Agreement.

2.  Harvesting of Intertidal Bivalves under the Tsawwassen Fishing Right in areas where the Tsawwassen Intertidal Bivalve Fishing Area overlaps with a National Park or National Marine Conservation Area will be conducted in accordance with the terms and conditions for harvesting in National Parks and National Marine Conservation Areas in this chapter, as if Intertidal Bivalves were included in the definition of Renewable Resources.

3.  The Tsawwassen Right to Harvest Renewable Resources is limited by measures necessary for conservation, public health or public safety.

4.  The Tsawwassen Right to Harvest Renewable Resources is held by Tsawwassen First Nation and Tsawwassen First Nation may not Dispose of that right.

5.  Tsawwassen First Nation and Tsawwassen Members have the right to Trade and Barter Renewable Resources harvested under the Tsawwassen Right to Harvest Renewable Resources, among themselves or with other aboriginal people of Canada resident in British Columbia.

6.  For ceremonial purposes, Tsawwassen First Nation and Tsawwassen Members may exchange regalia or traditional or artistic objects, made from Renewable Resources harvested in accordance with this chapter, among themselves or with other Coast Salish people.

7.  The transport and export by Tsawwassen First Nation and Tsawwassen Members of Renewable Resources harvested under the Tsawwassen Right to Harvest Renewable Resources are subject to Federal and Provincial Law.

8.  The Minister retains authority for the management, administration and control of National Parks and National Marine Conservation Areas, and any other protected areas that are owned by Canada and administered by the Parks Canada Agency, and will exercise that authority in a manner that is consistent with this Agreement.

9.  Neither Canada nor British Columbia will require a Tsawwassen Member to have a licence or to pay a fee or royalty for harvesting Renewable Resources under the Tsawwassen Right to Harvest Renewable Resources.

10.  Canada will not charge a fee for a Tsawwassen Member to enter or gain access to a National Park or National Marine Conservation Area to harvest under the Tsawwassen Right to Harvest Renewable Resources, but may charge for the use of visitor facilities or other services for which fees are normally charged.

11.  Nothing in this Agreement affects the application of Federal or Provincial Law in respect of the possession, use or regulation of firearms.

12.  This Agreement does not alter Federal or Provincial Law in respect of property in Renewable Resources.

13.  This Agreement does not preclude Tsawwassen Members from gathering Plants on federal Crown lands other than federal protected areas, subject to Federal and Provincial Law.

POWER TO MAKE LAWS

14.  Tsawwassen Government may make laws in respect of:

a. the designation of Tsawwassen Members to harvest Renewable Resources under the Tsawwassen Right to Harvest Renewable Resources; and

b. the distribution among Tsawwassen Members of Renewable Resources harvested under the Tsawwassen Right to Harvest Renewable Resources.

15.  A Tsawwassen Law made under clause 14 prevails to the extent of a Conflict with a Federal or Provincial Law.

16.  Tsawwassen Government may make laws in respect of the documentation of Tsawwassen Members who have been designated to harvest under the Tsawwassen Right to Harvest Renewable Resources.

17.  A Federal or Provincial Law prevails to the extent of a Conflict with a Tsawwassen Law made under clause 16.

DOCUMENTATION

18.  Tsawwassen First Nation will issue documentation to identify individuals who are authorized to harvest under the Tsawwassen Right to Harvest Renewable Resources.

19.  When harvesting under the Tsawwassen Right to Harvest Renewable Resources, an individual is required to produce, at the request of a person authorized to enforce Federal Law, Provincial Law or Tsawwassen Law in respect of Renewable Resources, the documentation referred to in clause 18.

20.  Documentation issued under clause 18 will:

a. be in the English language, which version is authoritative, and, at the discretion of Tsawwassen First Nation, in the Hun'qum'i'num language;

b. include the name and address of the individual; and

c. meet any requirements set out in a Renewable Resource Harvesting Document.

RENEWABLE RESOURCE HARVESTING

21.  Each year, or as otherwise agreed, Canada and Tsawwassen First Nation will meet to develop terms and conditions for harvesting under the Tsawwassen Right to Harvest Renewable Resources and will make reasonable efforts to reach consensus using a collaborative process.

22.  In developing the terms and conditions referred to in clause 21, Canada and Tsawwassen First Nation will take into account:

a. the Tsawwassen Right to Harvest Renewable Resources;

b. the preferences of Tsawwassen First Nation in respect of the quantity, methods, timing and locations for harvesting;

c. the requirements for conservation and ecological integrity and the availability of the Renewable Resources to which the terms and conditions would apply;

d. the use of the relevant National Park or National Marine Conservation Area for the benefit and enjoyment of all Canadians;

e. other authorized uses of the National Park or National Marine Conservation Area;

f. requirements for the management of the National Park or National Marine Conservation Area;

g. opportunities for similar harvesting activities outside of National Parks and National Marine Conservation Areas, as provided for in other chapters of this Agreement;

h. other harvests of Renewable Resources for food, social or ceremonial purposes; and

i. any other matter that Canada or Tsawwassen First Nation considers relevant.

23.  Subject to clause 24, after receiving and considering any terms and conditions developed under clause 21, the Minister will, in a timely way, issue a Renewable Resource Harvest Document to Tsawwassen First Nation that sets out the terms and conditions for harvesting under the Tsawwassen Right to Harvest Renewable Resources.

24.  Where Canada and Tsawwassen First Nation do not agree on terms and conditions under clause 21, the Minister may take the action, including issuing a Renewable Resource Harvesting Document, that the Minister considers necessary.

25.  The Minister may issue or amend a Renewable Resource Harvesting Document:

a. at the request of Tsawwassen First Nation; or

b. in order to respond to exceptional circumstances where it is not practicable to engage in the process referred to in clause 21.

26.  Where the Minister takes action under clause 24 or 25, the Minister will advise Tsawwassen First Nation as soon as practicable of the action taken and the reasons for it.

27.  Tsawwassen First Nation will exercise the Tsawwassen Right to Harvest Renewable Resources in accordance with:

a. the applicable Tsawwassen Renewable Resource Harvesting Document; and

b. the management plan for the relevant National Park or National Marine Conservation Area.

28.  Tsawwassen First Nation will provide to the Minister, on request, information in respect of harvesting by Tsawwassen Members under the Tsawwassen Right to Harvest Renewable Resources.

29.  Canada will Consult with Tsawwassen First Nation in respect of any proposed new legislation or regulation, or amendment thereto, for harvesting of Renewable Resources in any National Park or National Marine Conservation Area that is wholly or partly within Tsawwassen Territory to the extent that the new legislation or regulation, or amendment thereto, may reasonably be expected to affect the Tsawwassen Right to Harvest Renewable Resources.

30.  After Consultation with Tsawwassen First Nation, the Minister may close to harvesting an area in a National Park or National Marine Conservation Area, for as long as necessary, for purposes of park or marine conservation area management including ecosystem research, protection of representative ecosystems and protection of species or habitats.

CONSERVATION MEASURES

31.  Canada will Consult with Tsawwassen First Nation in respect of:

a. the need for additional conservation measures within the relevant National Park or National Marine Conservation Area in Tsawwassen Territory during the term of a Renewable Resource Harvesting Document; and

b. the development and implementation of such additional conservation measures where the Minister decides that the measures are necessary.

32.  After the Consultation referred to in clause 31, the Minister may amend a Renewable Resource Harvesting Document to the extent required to bring into effect the conservation measures referred to in clause 31.

PARK ESTABLISHMENT AND BOUNDARY CHANGES

33.  Canada will Consult with Tsawwassen First Nation before establishing or changing the boundaries of any National Park or National Marine Conservation Area that is wholly or partly within Tsawwassen Territory.

CO-OPERATION IN PLANNING AND MANAGEMENT

34.  In respect of a National Park or National Marine Conservation Area that is wholly or partly within Tsawwassen Territory, Canada will Consult with Tsawwassen First Nation on:

a. the role of Tsawwassen First Nation in interim planning and management planning;

b. the role of Tsawwassen First Nation in the research and protection of Cultural Heritage Sites of significance to Tsawwassen First Nation;

c. the role of Tsawwassen First Nation in the identification, protection, interpretation and presentation of Tsawwassen Artifacts and heritage where applicable, including the use of the Hun'qum'i'num language in signage and interpretation; and

d. the traditional ecological knowledge of Tsawwassen First Nation being considered in the natural history and management of any National Park or National Marine Conservation Area.

35.  At the request of Tsawwassen First Nation, Canada and Tsawwassen First Nation will negotiate and attempt to reach agreement on arrangements for Tsawwassen First Nation to provide advice on matters affecting Tsawwassen First Nation in any National Park or National Marine Conservation Area that is wholly or partly within Tsawwassen Territory.

36.  An agreement referred to in clause 35 will take the place of any Consultation referred to in clause 34.

37.  An agreement referred to in clause 35 may provide for the following:

a. representation in an advisory process;

b. procedures for an advisory process, including a consensual approach and a dispute resolution process;

c. procedures for cooperation on appropriate cultural activities and the management of Renewable Resource Harvesting;

d. identification of the interests of Tsawwassen Members in economic, employment or training opportunities in or associated with any National Park or National Marine Conservation Area; and

e. any other matters as agreed by Canada and Tsawwassen First Nation.

38.  In respect of a National Park or National Marine Conservation Area that is wholly or partly within Tsawwassen Territory, Tsawwassen First Nation will make reasonable efforts to cooperate with others who harvest Renewable Resources for food, social or ceremonial purposes.