Table of Contents

CHAPTER 3 — TRANSITION

1.  The Indian Act applies, with any modifications that the circumstances require, to the estate of an individual who died testate or intestate before the Effective Date and who at the time of death was a member of the Tsawwassen First Nation band under the Indian Act.

2.  Before the Effective Date, Canada will take reasonable steps to:

a. notify in writing all members of the Tsawwassen First Nation band under the Indian Act who have deposited wills with the Minister; and

b. provide information to other members of the Tsawwassen First Nation band under the Indian Act,

that their wills may not be valid after the Effective Date, and that they should have their wills reviewed to ensure validity under Provincial Law.

3.  Section 51 of the Indian Act applies, with any modifications that the circumstances require, to the property and estate of an individual:

a. who immediately before the Effective Date was a member of the Tsawwassen First Nation band under the Indian Act;

b. who immediately before the Effective Date was a "mentally incompetent Indian" as defined in the Indian Act; and

c. whose property and estate were immediately before the Effective Date under the administration of the Minister under section 51 of the Indian Act,

until the individual is no longer a "mentally incompetent Indian" as defined in the Indian Act.

4.  Sections 52, 52.2, 52.3, 52.4 and 52.5 of the Indian Act apply, with any modifications that the circumstances require, where immediately before the Effective Date the Minister was administering property to which an individual who is the infant child of an Indian is entitled, until the duties of the Minister in respect of the property have been discharged.

5.  The laws and bylaws, if any, of the Tsawwassen First Nation band under the Indian Act, that were in effect on the day before the Effective Date continue in effect for 30 days after the Effective Date on those parcels of Tsawwassen Lands that comprised the Former Tsawwassen Reserve.

6.  The relationship between a law or bylaw referred to in clause 5 and Federal or Provincial Laws is governed by the provisions of this Agreement that govern the relationship between Federal or Provincial Laws and Tsawwassen Laws in respect of the subject matter of the law or bylaw.

7.  Tsawwassen Government may repeal, but not amend, a law or bylaw referred to in clause 5.

8.  Nothing in this Agreement precludes a Person from challenging the validity of a law or bylaw referred to in clause 5.

9.  Subject to clauses 96, 97 and 98 of the Lands chapter, on the Effective Date, all of the rights, titles, interests, assets, obligations and liabilities, of the Tsawwassen First Nation band under the Indian Act, vest in Tsawwassen First Nation, and the Tsawwassen First Nation band under the Indian Act ceases to exist.