Table of Contents

CHAPTER 13 — PROVINCIAL PARKS AND GATHERING

GENERAL

1.  Tsawwassen First Nation has the right to gather Plants for Domestic Purposes in those areas set out in Appendix M-2 in accordance with this Agreement.

2.  If any additional Provincial Park, Protected Area or Wildlife Management Area is established in Tsawwassen Territory, the Parties will amend Appendices M-1 and M-2 to include the area, in accordance with clause 11 of the Amendment chapter, unless the Parties agree otherwise.

3.  The Tsawwassen Right to Gather Plants is limited by measures necessary for conservation, public health or public safety.

4.  The Tsawwassen Right to Gather Plants 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 Plants gathered under the Tsawwassen Right to Gather Plants, 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 Plants gathered under the Tsawwassen Right to Gather Plants, among themselves and with other Coast Salish people.

7.  The Tsawwassen Right to Gather Plants will be exercised in a manner that does not interfere with authorized uses or Dispositions existing on the Effective Date or with uses, Dispositions or boundary modifications authorized in accordance with clause 8.

8.  British Columbia may authorize uses of, Dispose of, or make boundary modifications to the areas set out in Appendix M-2 and any authorized use, Disposition or boundary modification may affect the methods, times and locations of gathering under the Tsawwassen Right to Gather Plants provided that British Columbia ensures that those authorized uses, Dispositions or boundary modifications do not deny to Tsawwassen First Nation the reasonable opportunity to gather under the Tsawwassen Right to Gather Plants.

9.  Upon six months notice by either Party, Tsawwassen First Nation and British Columbia will negotiate and attempt to reach agreement on a process to evaluate uses and Dispositions of provincial Crown land that have the potential to deny to Tsawwassen First Nation the reasonable opportunity to gather under the Tsawwassen Right to Gather Plants.

10.  The transport and export by Tsawwassen First Nation and Tsawwassen Members of Plants gathered under the Tsawwassen Right to Gather Plants are subject to Federal and Provincial Law.

11.  The Minister retains authority for managing, administering and controlling Provincial Parks, Protected Areas and Wildlife Management Areas and will exercise that authority in a manner that is consistent with this Agreement.

12.  Neither Canada nor British Columbia will require a Tsawwassen Member to have a licence or to pay a fee or royalty for gathering Plants under the Tsawwassen Right to Gather Plants.

13.  Tsawwassen Members will have access, without a fee being charged, for entrance to and within areas set out in Appendix M-2, except where fees are charged to a Tsawwassen Member for use of visitor facilities and services for which fees are normally charged.

14.  This Agreement does not alter Federal or Provincial Law in respect of property in Plants.

15.  This Agreement does not preclude Tsawwassen Members from gathering Plants on provincial Crown lands, subject to Federal and Provincial Law.

POWER TO MAKE LAWS

16.  Tsawwassen Government may make laws in respect of:

a. the designation of Tsawwassen Members to gather Plants under the Tsawwassen Right to Gather Plants;

b. the distribution among Tsawwassen Members of Plants gathered under the Tsawwassen Right to Gather Plants; and

c. the Trade and Barter of Plants gathered under the Tsawwassen Right to Gather Plants.

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

18.  Tsawwassen Government may make laws in respect of the documentation of Tsawwassen Members who have been designated to gather Plants.

19.  A Federal or Provincial Law prevails to the extent of a Conflict with a Tsawwassen Law made under clause 18.

DOCUMENTATION

20.  Tsawwassen First Nation will issue documentation to individuals who are authorized by Tsawwassen First Nation to gather under the Tsawwassen Right to Gather Plants.

21.  When gathering under the Tsawwassen Right to Gather Plants, 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 Plants, the documentation referred to in clause 20.

22.  Documentation issued under clause 20 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 the approved gathering plan.

GATHERING PLANTS

23.  The Tsawwassen Right to Gather Plants will be exercised in accordance with an approved gathering plan.

24.  Tsawwassen First Nation will develop a proposed gathering plan, consistent with the applicable management plan, if any, for areas set out in Appendix M-2 and submit it to the Minister for approval.

25.  The Minister will consult with the Greater Vancouver Regional District before approving a gathering plan that includes provincial Crown land within the Burns Bog Ecological Conservancy Area.

26.  Any approved gathering plan that includes provincial Crown land within the Burns Bog Ecological Conservancy Area will be consistent with the Burns Bog Management Agreement between Canada, British Columbia, the Greater Vancouver Regional District and the Corporation of Delta, dated March 23, 2004.

27.  At the request of the Minister or Tsawwassen First Nation, or on or before the expiry of the approved gathering plan, Tsawwassen First Nation, in collaboration with British Columbia, will submit a new or revised proposed gathering plan.

28.  The Minister may issue or amend an approved gathering plan:

a. at the request of Tsawwassen First Nation; or

b. in order to respond to exceptional circumstances where it is impracticable to engage in discussions with Tsawwassen First Nation.

29.  Tsawwassen First Nation will provide to the Minister, on request, information concerning the activities of Tsawwassen Members related to the exercise of the Tsawwassen Right to Gather Plants.

PLANNING AND CO-OPERATION IN MANAGEMENT

30.  British Columbia and Tsawwassen First Nation may enter into an agreement in respect of the development of a cooperative working relationship in the Fraser River estuary, including the South Arm Marshes Wildlife Management Area, and Roberts Bank south to the United States border.

31.  Where a public management planning process is established for a Provincial Park, Protected Area or Wildlife Management Area that is wholly or partially within Tsawwassen Territory, Tsawwassen First Nation may participate in the planning process on the same basis as other participants.

32.  The participation of Tsawwassen First Nation in the planning processes referred to in clause 31 may include providing input on Tsawwassen First Nation culture and history, including:

a. protection of Heritage Resources of significance to Tsawwassen First Nation;

b. interpretation and presentation of Tsawwassen culture in interpretive signage; and

c. Tsawwassen traditional ecological knowledge.

33.  British Columbia may proceed with any Provincial Park, Protected Area or Wildlife Management Area public management planning process whether or not Tsawwassen First Nation participates in that process.

34.  British Columbia will Consult with Tsawwassen First Nation in respect of:

a. the establishment of new Provincial Parks, Protected Areas or Wildlife Management Areas;

b. the Disposition of or modification of boundaries of existing Provincial Parks, Protected Areas or Wildlife Management Areas; and

c. changes in the use or designation of existing Provincial Parks, Protected Areas or Wildlife Management Areas;

that may affect the Tsawwassen Right to Gather Plants, the Tsawwassen Right to Harvest Wildlife or the Tsawwassen Right to Harvest Migratory Birds.

35.  British Columbia will Consult with Tsawwassen First Nation on the closure of opportunities for the exercise of the Tsawwassen Right to Harvest Wildlife in Provincial Parks and Protected Areas within the Tsawwassen Wildlife Harvest Area.

36.  Nothing in this Agreement obliges British Columbia to establish any new Provincial Park, Protected Area or Wildlife Management Area or to maintain the designation of any Provincial Park, Protected Area, Wildlife Management Area or the Burns Bog Ecological Conservancy Area.

37.  At the request of either Party, British Columbia and Tsawwassen First Nation will meet to discuss and exchange written information about maintenance, construction, research and operations opportunities available for competitive bid within any Provincial Park, Protected Area or Wildlife Management Area set out in Appendix M-2.