Table of Contents

CHAPTER 15 — ENVIRONMENTAL MANAGEMENT

POWER TO MAKE LAWS

1.  Tsawwassen Government may make laws applicable on Tsawwassen Lands to manage, protect, preserve and conserve the Environment including laws in respect of:

a. the prevention, mitigation and remediation of pollution and the degradation of the Environment;

b. waste management, including solid wastes and wastewater;

c. protection of local air quality, but such laws will include standards that meet or exceed the standards set by the Greater Vancouver Regional District in bylaws in respect of the protection of local air quality; and

d. response to an Environmental Emergency.

2.  A Federal or Provincial Law prevails to the extent of a Conflict with a Tsawwassen Law made under clause 1.

ENVIRONMENTAL PROTECTION

3.  Within Tsawwassen Territory, Tsawwassen First Nation has the right to participate in provincial Environmental processes and to receive referrals on Environmental matters from British Columbia on the same basis as Local Governments or other First Nations.

ENVIRONMENTAL ASSESSMENT

4.  If a proposed Federal Project may reasonably be expected to adversely affect Tsawwassen Lands or Tsawwassen First Nation rights set out in this Agreement:

a. Canada will ensure that Tsawwassen First Nation is provided with timely notice of the Environmental Assessment and information describing the Federal Project in sufficient detail to permit Tsawwassen First Nation to determine whether it is interested in participating in the Environmental Assessment;

b. if Tsawwassen First Nation confirms that it is interested in participating in the Environmental Assessment of the Federal Project, Canada will provide Tsawwassen First Nation with an opportunity to comment on the Environmental Assessment conducted under the Canadian Environmental Assessment Act, including:

i. the scope of the Federal Project;

ii. the environmental effects of the Federal Project;

iii. any mitigation measures to be implemented; and

iv. any follow-up programs to be implemented;

c. during the course of the Environmental Assessment conducted under the Canadian Environmental Assessment Act, Canada will give full and fair consideration to any comments provided by Tsawwassen First Nation under subclause 4.b, and will respond to the comments, before taking any decision to which those comments pertain; and

d. Canada will provide to Tsawwassen First Nation access to information in Canada's possession related to the Environmental Assessment of the Federal Project, in accordance with the public registry provisions in the Canadian Environmental Assessment Act.

5.  For greater certainty, clause 4 also applies where the Federal Project referred to in that clause is also a Provincial Project and is subject to a harmonized Environmental Assessment process.

6.  If a proposed Federal Project that is referred to a panel under the Canadian Environmental Assessment Act may reasonably be expected to adversely affect Tsawwassen Lands or Tsawwassen First Nation rights set out in this Agreement, Canada will provide Tsawwassen First Nation with:

a. the opportunity to propose to the Minister a list of names that the Minister may consider for appointment to the panel, unless the panel is a decision-making body such as the National Energy Board, or Tsawwassen First Nation is a proponent of the Federal Project; and

b. formal standing before that panel.

7.  If a proposed Provincial Project is located within the area of land that as at the Effective Date comprises the Greater Vancouver Regional District, or is otherwise located within Tsawwassen Territory, and may reasonably be expected to adversely affect Tsawwassen Lands, residents of Tsawwassen Lands or Tsawwassen First Nation rights set out in this Agreement, British Columbia will ensure that Tsawwassen First Nation:

a. receives timely notice of, and relevant available information on, the Provincial Project and the potential adverse environmental effects;

b. is Consulted regarding the environmental effects of the Provincial Project; and

c. receives an opportunity to participate in any Environmental Assessment of that Provincial Project.

8.  British Columbia will give full and fair consideration to the comments received from Tsawwassen First Nation under subclauses 7.b and 7.c, and will respond to those comments during the Environmental Assessment process, before making a decision that would have the effect of enabling the Provincial Project to be carried out in whole or in part.

9.  Despite any decision made by Canada or British Columbia in respect of a Federal Project or a Provincial Project, no Federal Project or Provincial Project may proceed on Tsawwassen Lands without the consent of Tsawwassen First Nation.

10.  Where a proposed development referred to in subclause 1.h of the Land Management chapter is a Federal Project or a Provincial Project that is subject to the administrative procedures referred to in clause 12 of that chapter, the Parties will negotiate and attempt to reach agreement to harmonize their respective procedures.

ENVIRONMENTAL EMERGENCIES

11.  As the owner of, or decision-maker in respect of, Tsawwassen Lands, Tsawwassen First Nation has responsibility for the prevention of, preparedness for, timely response to and recovery from Environmental Emergencies that originate on Tsawwassen Lands.

12.  Any Party may respond to an Environmental Emergency on Crown land or Tsawwassen Lands or the bodies of water immediately adjacent to Tsawwassen Lands if the Person who has primary responsibility for responding has not responded, or is unable to respond, in a timely way.

13.  If possible, in advance of taking action, a Party responding as described in clause 12, will notify the Person who has primary responsibility, but in any case, will notify that Person as soon as practicable after responding.

14.  The Parties may negotiate and attempt to reach agreement in respect of the prevention of, preparedness for, response to, and recovery from Environmental Emergencies occurring on Tsawwassen Lands, which agreement will include a definition of the roles and responsibilities of each Party.