Table of Contents

CHAPTER 6 — LAND MANAGEMENT

POWER TO MAKE LAWS

1.  Tsawwassen Government may make laws in respect of:

a. the creation, ownership and Disposition of a Tsawwassen Fee Simple Interest;

b. the ownership and Disposition of estates or interests in Tsawwassen Lands including:

i. fee simple interests;

ii. mortgages;

iii. leases;

iv. licences, permits, easements and rights of way, including rights of way and covenants similar to those in sections 218 and 219 of the Land Title Act; and

v. any conditions or restrictions on such estates or interests.

c. the ownership and Disposition of rights of access to any Tsawwassen Lands to certain Tsawwassen Members for cultural purposes, including gathering, and the recording of such rights of access by Tsawwassen First Nation in accordance with arrangements made by Tsawwassen First Nation with interest holders on Tsawwassen Lands;

d. the management and use of Tsawwassen Lands, including planning, zoning and development;

e. the establishment and operation of a Tsawwassen First Nation land title or land registry system:

i. for Tsawwassen Lands that are not registered in the Land Title Office; or

ii. for interests that are not recognized under Federal or Provincial Law;

f. provision of services in relation to Tsawwassen Lands;

g. expropriation for public purposes or public works by Tsawwassen First Nation of estates or interests in Tsawwassen Lands, if Tsawwassen First Nation provides fair compensation to the owner of the estate or interest; and

h. the approval of proposed developments on Tsawwassen Lands.

2.  Despite subclause 1.g, Tsawwassen First Nation may not expropriate:

a. estates or interests granted or continued on the Effective Date where expropriation is precluded under the terms and conditions of those estates or interests;

b. estates or interests expropriated by Canada or British Columbia after the Effective Date; or

c. estates or interests granted or continued on the Effective Date to a provincial ministry or agent of the provincial Crown or for the use of a Public Utility, whether or not an agent of the Crown, that would otherwise have authority to expropriate an estate or interest in land under provincial legislation or on whose behalf British Columbia may expropriate.

3.  For greater certainty, subclause 2.c describes an exception to the Tsawwassen Government law making authority in respect of expropriation and does not and is not intended to address the authority of a Provincial Expropriating Authority to expropriate under provincial legislation which authority is dealt with in the Lands chapter.

4.  Tsawwassen Government may exercise authority over agriculture on Tsawwassen Lands through land use planning and zoning under subclause 1.d.

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

6.  Despite clause 5, a Federal or Provincial Law in respect of the division of matrimonial real property prevails to the extent of a Conflict with a Tsawwassen Law in respect of the division of matrimonial real property made under subclause 1.a or 1.b. For greater certainty, a Tsawwassen Law that may restrict the Disposition of real property to a Tsawwassen Member is not a Tsawwassen Law in respect of the division of matrimonial real property.

7.  Despite clause 5, except in respect of the Former Tsawwassen Reserve and any other Tsawwassen Lands excluded from an agricultural land reserve designation, the Agricultural Land Commission Act prevails to the extent of a Conflict with a Tsawwassen Law made under subclause 1.d.

8.  Despite clause 5, a Federal or Provincial Law in relation to Environmental Assessment prevails to the extent of a Conflict with a Tsawwassen Law made under subclause 1.h.

9.  A Tsawwassen Law under subclause 1.a or 1.b in respect of estates or interests that are recognized under Federal or Provincial Law must be consistent with common law principles in respect of those interests and, for greater certainty, a Tsawwassen Law in respect of a Tsawwassen Fee Simple Interest is not inconsistent with common law principles.

10.  Without limiting the scope of authority of Tsawwassen Government to make laws under this Agreement, before Tsawwassen Government makes a law under subclause 1.d, Tsawwassen First Nation will consult residents of Tsawwassen Lands who may be affected by the proposed law, through a process similar in principle to that required of a municipality undertaking similar law-making.

PROPOSED DEVELOPMENT

11.  Despite any approval of a proposed development made by Tsawwassen First Nation under subclause 1.h, no Federal Project or Provincial Project on Tsawwassen Lands will proceed unless there has been compliance with any applicable Federal or Provincial Law in respect of Environmental Assessment.

12.  For greater certainty, Tsawwassen First Nation may establish administrative procedures for evaluating proposed developments referred to in subclause 1.h, including the environmental effects of the developments.

PROVINCIAL INITIATIVES AND LAND USE PROCESSES

13.  Nothing in this Agreement precludes Tsawwassen First Nation from participating in processes or institutions, including processes or institutions that may address matters of shared decision-making, or benefiting from future provincial programs, policies or initiatives of general application to First Nations as British Columbia develops a new relationship with First Nations.

14.  Nothing in this Agreement precludes Tsawwassen First Nation from participating in, or benefiting from, federal or provincial benefit-sharing programs of general application, in accordance with general criteria established for those programs from time to time.

15.  Nothing in this Agreement precludes Tsawwassen First Nation from entering into arrangements that are consistent with this Agreement, with willing third parties, in order to further economic opportunities for Tsawwassen First Nation.

16.  British Columbia will invite Tsawwassen First Nation to participate in any provincial land use planning process affecting Tsawwassen Territory on the following bases:

a. Tsawwassen First Nation will be consulted and may participate in the same capacity as a Local Government, a First Nation or as a member of the public, as the case may be; and

b. British Columbia will provide Tsawwassen First Nation with the decision resulting from any such process and the reasons for that decision.