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 17 –
INTERGOVERNMENTAL RELATIONS AND SERVICES
1. On the Effective Date and in accordance with this Agreement, Tsawwassen First Nation is a First Nation member of the Greater Vancouver Regional District.
2. Tsawwassen First Nation may participate in Associated Entities and, for greater certainty, as a member of the Greater Vancouver Regional District, may participate in the board of the Greater Vancouver Water District.
3. In accordance with this chapter, Provincial Settlement Legislation will give effect to the participation of Tsawwassen First Nation as a First Nation member of the Greater Vancouver Regional District.
4. If needed for the purpose of carrying out its functions, powers, duties and obligations as a member of the Greater Vancouver Regional District or any Associated Entity as provided for in this Agreement, Tsawwassen First Nation will be deemed to have the powers of a municipality necessary for that purpose.
5. At the request of British Columbia or Tsawwassen First Nation, the Parties will review the membership of Tsawwassen First Nation in the Greater Vancouver Regional District and the Associated Entities, ten years after the Effective Date or such earlier date as British Columbia and Tsawwassen First Nation may agree.
6. British Columbia will Consult with Tsawwassen First Nation on any changes to the structure of regional government that directly and significantly affect Tsawwassen First Nation.
7. British Columbia will Consult with the Greater Vancouver Regional District on any changes to Tsawwassen First Nation membership in the Greater Vancouver Regional District that are proposed after the Effective Date.
8. On the Effective Date, Tsawwassen First Nation will appoint a director to the board of the Greater Vancouver Regional District and the director will have all the functions, powers, duties and obligations of a director of the board of the Greater Vancouver Regional District.
9. The director appointed under clause 8 will be an elected member of Tsawwassen Government.
10. Authorities, regulations and bylaws of the Greater Vancouver Regional District and Associated Entities do not apply on Tsawwassen Lands or Tsawwassen Water Lots except as provided in this Agreement or otherwise agreed to by Tsawwassen First Nation and the Greater Vancouver Regional District or Associated Entity.
11. As a member of the Greater Vancouver Regional District, Tsawwassen First Nation will receive and pay for Core Mandatory Regional Services delivered by the Greater Vancouver Regional District.
12. Tsawwassen First Nation will pay to the Greater Vancouver Regional District the amounts requisitioned annually, in the manner set out in section 805 of the Local Government Act, in respect of Core Mandatory Regional Services.
13. All bylaws of the Greater Vancouver Regional District in respect of Core Mandatory Regional Services received by Tsawwassen First Nation apply in respect of Tsawwassen First Nation, Tsawwassen Lands and Tsawwassen Water Lots.
14. Tsawwassen First Nation will participate in the Greater Vancouver Transportation Authority including receipt of and payment for services on the same basis that a municipality within the Greater Vancouver Regional District would participate in the Greater Vancouver Transportation Authority.
15. Tsawwassen First Nation may negotiate and attempt to reach agreement with the Greater Vancouver Transportation Authority for improved delivery of public transportation services to Tsawwassen Lands.
16. The Greater Vancouver Regional District or Associated Entities, as applicable, and Tsawwassen First Nation, may negotiate and attempt to reach agreement for the provision of local services, other than Core Mandatory Regional Services, through the Greater Vancouver Regional District or Associated Entities and for the application of authorities, regulations and bylaws of the Greater Vancouver Regional District or Associated Entities to Tsawwassen First Nation, Tsawwassen Lands or Tsawwassen Water Lots, as appropriate.
17. For greater certainty, Tsawwassen First Nation may enter into agreements in respect of the provision of and payment for:
a. Local Government services on Tsawwassen Lands;
b. Tsawwassen First Nation services to Local Government; or
c. library services.
18. Tsawwassen First Nation agrees that any contractual service agreement with a Local Government in effect on the Effective Date will remain in effect following the Effective Date until such time as it is renegotiated or is terminated under the terms of the agreement.
19. Provincial Settlement Legislation will provide that Tsawwassen First Nation's land use plan that is in place at the Effective Date will be deemed to meet the statutory requirements of the Local Government Act for consistency with the regional growth strategy of the Greater Vancouver Regional District in place at the Effective Date.
20. A land use plan prepared by Tsawwassen First Nation after the Effective Date will include a statement equivalent to a regional context statement as defined in the Local Government Act, identifying how its land use plan is consistent with a regional growth strategy approved by the Greater Vancouver Regional District with the participation of Tsawwassen First Nation as a member of the Greater Vancouver Regional District.
21. Before Tsawwassen Government makes a planning or zoning law, Tsawwassen First Nation will consult any Local Government that may be affected by the proposed law through a process similar in principle to that required of a municipality undertaking similar law-making. This requirement does not limit the scope of the authority of Tsawwassen First Nation under this Agreement.
22. Before the Effective Date, British Columbia will ensure that the Greater Vancouver Water District will supply water on reasonable terms to Tsawwassen First Nation as a member of the Greater Vancouver Regional District, and a member of the Greater Vancouver Water District.
23. Before the Effective Date, British Columbia will ensure that the Greater Vancouver Water District has the legal authority to supply water to Tsawwassen First Nation.
24. Tsawwassen First Nation will negotiate and attempt to reach agreement with the Greater Vancouver Water District on the construction and capital costs for the infrastructure connection to the source of the water supply from the Greater Vancouver Water District for the provision of water service to Tsawwassen First Nation.
25. The water services provided in accordance with this Agreement by the Greater Vancouver Water District to Tsawwassen First Nation will be on the same terms as apply in respect of providing such services to a member municipality of equivalent size, including equivalent terms in respect of costs, including costs of infrastructure.
26. If the board of the Greater Vancouver Water District and Tsawwassen First Nation fail to agree on the terms and conditions upon which Tsawwassen First Nation is added to the Greater Vancouver Water District, Tsawwassen First Nation may appeal to the Minister.
27. The Minister has absolute power and authority to settle the terms and conditions upon which Tsawwassen First Nation is added to the Greater Vancouver Water District.
28. Tsawwassen First Nation and Local Government may use a dispute resolution process set out in the Dispute Resolution chapter of this Agreement, the Local Government Act or the Community Charter or another process agreed to by the Parties for resolving disputes between Tsawwassen First Nation and Local Government.
29. Despite clause 28, Local Government may be limited by Provincial Law to specific dispute resolution processes.