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
CHAPTER 14 – CULTURE AND HERITAGE
1. Tsawwassen First Nation has the right to practise the culture of Tsawwassen First Nation, and to use the Hun'qum'i'num language, in a manner that is consistent with this Agreement.
2. Tsawwassen Government may make laws in respect of:
a. the preservation, promotion and development of the culture of Tsawwassen First Nation and the Hun'qum'i'num language on Tsawwassen Lands;
b. the conservation and protection of and access to Heritage Resources on Tsawwassen Lands;
c. archaeological sites on Tsawwassen Lands and archaeological material found after the Effective Date on Tsawwassen Lands;
d. Tsawwassen Artifacts owned by Tsawwassen First Nation;
e. Archaeological Human Remains found after the Effective Date on Tsawwassen Lands and any Archaeological Human Remains that come into the possession of Tsawwassen First Nation from Canada or British Columbia after the Effective Date; and
f. the devolution of Cultural Property of a Tsawwassen Member who dies without a valid will.
3. A Tsawwassen Law made under clause 2 prevails to the extent of a Conflict with a Federal or Provincial Law.
4. For the purposes of subclause 2.a, the culture of Tsawwassen First Nation includes its history, feasts, ceremonies, symbols, songs, dances, stories and traditional naming practices. For greater certainty, and in accordance with clause 22 of the General Provisions chapter, Tsawwassen Government does not have the power to make laws in respect of Intellectual Property or the official languages of Canada.
5. Tsawwassen First Nation has standing in any judicial proceeding in which:
a. the validity of the will of a Tsawwassen Member; or
b. the devolution of Cultural Property of a Tsawwassen Member,
is in issue, including any proceeding to vary a will.
6. Tsawwassen First Nation may commence, and has standing to intervene in, an action under provincial legislation in relation to wills variation in respect of the will of a Tsawwassen Member that provides for the devolution of Cultural Property.
7. In a proceeding to which clause 5 or clause 6 applies, the court will consider, among other matters, any evidence or representations in respect of Tsawwassen Law and Tsawwassen First Nation customs dealing with the devolution of Cultural Property.
8. The participation of Tsawwassen First Nation in proceedings referred to in clause 5 or clause 6 will be in accordance with the applicable rules of court and will not affect the ability of the court to control its process.
9. As of the Effective Date, in respect of the Beach Grove Parcels, unless Tsawwassen First Nation agrees otherwise, British Columbia will:
a. retain ownership;
b. not permit any activity under the Heritage Conservation Act; and
c. not permit any activity with respect to heritage objects.
10. Tsawwassen First Nation and British Columbia may negotiate and attempt to reach agreement for a delegated management arrangement over the Beach Grove Parcels, but there will be no associated financial obligations.
11. After the Effective Date, if a Tsawwassen Artifact comes into the permanent possession or under the control of the Royal British Columbia Museum, Tsawwassen First Nation and the Royal British Columbia Museum may negotiate a custodial arrangement for the Tsawwassen Artifact.
12. Tsawwassen First Nation and the Royal British Columbia Museum may negotiate and attempt to reach agreement on arrangements outside this Agreement in respect of cultural artifacts in the possession of either Tsawwassen First Nation or the Royal British Columbia Museum, in accordance with their respective policies and procedures.
13. On the Effective Date, British Columbia will pay to Tsawwassen First Nation one million dollars ($1,000,000) to establish a Cultural Purposes Fund.
14. Tsawwassen First Nation owns a Tsawwassen Artifact discovered, after the Effective Date, on Tsawwassen Lands in an archaeological context.
15. If a Tsawwassen Artifact, discovered off Tsawwassen Lands, comes into the permanent possession or under the control of Canada, Canada may lend or transfer that Tsawwassen Artifact to Tsawwassen First Nation in accordance with an agreement negotiated between Tsawwassen First Nation and Canada.
16. At the request of Tsawwassen First Nation, the Royal British Columbia Museum will share, in accordance with Federal and Provincial Law, any information it has about Tsawwassen Artifacts or Tsawwassen Archaeological Human Remains in other public collections in Canada.
17. At the request of Tsawwassen First Nation, Canada will use reasonable efforts to facilitate access by Tsawwassen First Nation to Tsawwassen Artifacts or Archaeological Human Remains of Tsawwassen ancestry that are held in Canadian public collections.
18. Before the Effective Date, Tsawwassen First Nation and British Columbia may negotiate and attempt to reach agreement to provide for the meaningful participation of Tsawwassen First Nation in the identification, conservation, interpretation, management and protection of heritage sites that are:
a. of significance to Tsawwassen First Nation;
b. outside Tsawwassen Lands; and
c. within Tsawwassen Territory.
19. Tsawwassen First Nation and British Columbia may negotiate and attempt to reach agreement to provide for cooperative management of Heritage Resources that are:
a. of significance to Tsawwassen First Nation; and
b. on provincial Crown land within Tsawwassen Territory.
20. Nothing in this Agreement precludes Tsawwassen First Nation from providing to Canada information in respect of the presence on federal Crown land of artifacts, Archaeological Human Remains or Heritage Resources of significance to Tsawwassen First Nation.
21. Where British Columbia establishes a public or First Nation process in respect of Heritage Resources found on provincial Crown land within Tsawwassen Territory, Tsawwassen First Nation may participate in that process on the same basis as any other First Nation or other participant.
22. Where Canada establishes a public or First Nation process in respect of artifacts or Archaeological Human Remains found on federal Crown land within Tsawwassen Territory, Tsawwassen First Nation may participate in that process on the same basis as any other First Nation or other participant.
23. Where Tsawwassen First Nation provides to British Columbia information on an archaeological site within Tsawwassen Territory, in a format that meets the standards of the provincial archaeological site inventory, British Columbia will record that information in the provincial archaeological site inventory.
24. British Columbia and Tsawwassen First Nation may exchange information in respect of newly discovered archaeological sites and heritage objects within Tsawwassen Territory as they are identified.
25. Where British Columbia determines that a site within Tsawwassen Territory that is listed in the provincial archaeological site inventory is an archaeological site confirmed through archaeological investigation to no longer exist, or is a type of site not protected under Provincial Law, British Columbia will provide to Tsawwassen First Nation information on that site.
26. Subject to clause 27, at the request of Tsawwassen First Nation, Canada or British Columbia, as applicable, will transfer to Tsawwassen First Nation, in accordance with Federal or Provincial Law and policy, Archaeological Human Remains or Associated Burial Objects that:
a. come into the possession of Canada or British Columbia after the Effective Date; and
b. that can be demonstrated to be linked to Tsawwassen First Nation.
27. If there are competing aboriginal claims to the Archaeological Human Remains or Associated Burial Objects referred to in clause 26, Tsawwassen First Nation will provide to Canada or British Columbia, as applicable, written confirmation that the claim has been resolved before the transfer proceeds.
28. British Columbia will inform Tsawwassen First Nation where British Columbia becomes aware of a site that contains Archaeological Human Remains off Tsawwassen Lands and within Tsawwassen Territory.
29. On the Effective Date, British Columbia will add the place names proposed by Tsawwassen First Nation, set out in Appendix O-4, to the British Columbia Geographical Names Database.
30. After the Effective Date, Tsawwassen First Nation may propose that British Columbia name, rename or add a place name to a geographic feature in accordance with Federal or Provincial Law and policy.