Table of Contents

CHAPTER 7 — ACCESS

GENERAL

1.  Local Boundary Roads to the centre line, Tsawwassen Roads, and Local Roads are:

a. part of Tsawwassen Lands; and

b. owned by Tsawwassen First Nation.

POWER TO MAKE LAWS

2.  Tsawwassen Government may make laws in respect of access to Tsawwassen Lands.

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

TSAWWASSEN ROADS

4.  Tsawwassen First Nation is responsible for maintenance and repair of Tsawwassen Roads.

5.  Tsawwassen Roads are open to the public unless designated otherwise by Tsawwassen First Nation.

6.  Tsawwassen First Nation may temporarily close Tsawwassen Roads for reasons of safety or public order, or for cultural reasons.

7.  Tsawwassen First Nation may permanently close a Tsawwassen Road.

8.  Before Tsawwassen First Nation permanently closes a Tsawwassen Road, Tsawwassen First Nation will:

a. provide public notice and an opportunity for affected Persons to make representations to Tsawwassen First Nation; and

b. notify the operators of Public Utilities whose facilities or works may be affected.

LOCAL ROADS AND LOCAL BOUNDARY ROADS

9.  Subject to clauses 10 and 11, the public will have the same right of access on Local Roads and Local Boundary Roads as they have on comparable roads in the adjoining municipality.

10.  In respect of a Local Boundary Road:

a. unless Tsawwassen Government and the council of the adjoining municipality agree otherwise, the Local Boundary Road will be kept open, maintained, kept in repair and improved by both parties; and

b. a Tsawwassen Law in respect of the Local Boundary Road or a portion of it, must be acceptable to the council of the adjoining municipality and a municipal bylaw affecting the Local Boundary Road or a portion of it, must be acceptable to Tsawwassen Government.

11.  In respect of a Local Road:

a. Tsawwassen First Nation will keep open, maintain, keep in repair and improve a Local Road to the same extent as would a municipality in respect of similar roads; and

b. before Tsawwassen First Nation seeks to close all or part of a Local Road to all or some types of traffic or to remove the dedication of the Local Road, Tsawwassen First Nation will:

i. provide public notice and an opportunity for affected Persons to make representations to Tsawwassen First Nation; and

ii. notify the operators of Public Utilities whose facilities or works may be affected.

CROWN CORRIDORS

12.  On the request of Tsawwassen First Nation, British Columbia will Consult with Tsawwassen First Nation in respect of the regulation of traffic and transportation on a Crown Corridor that is adjacent to Tsawwassen Lands.

13.  Tsawwassen First Nation will Consult with British Columbia in respect of land use decisions of Tsawwassen First Nation relating to the development of Tsawwassen Lands adjacent to Crown Corridors.

14.  British Columbia will Consult with Tsawwassen First Nation in respect of the development of any new Crown Corridor adjacent to Tsawwassen Lands.

15.  On Tsawwassen Lands adjacent to Crown Corridors, and only to the extent reasonably required to protect the safety of the users of Crown Corridors, British Columbia has the authority to regulate all matters relating to:

a. the location and design of intersecting roads giving access to Crown Corridors from Tsawwassen Lands, including:

i. regulating or requiring signs, signals or other traffic control devices on Crown Corridors;

ii. regulating or requiring merging lanes, on-ramps and off-ramps; or

iii. requirements for contributions to the cost of the matters referred to in subclauses 15.a.i and 15.a.ii; and

b. the height and location of structures.

16.  Subject to provincial requirements in respect of safety and emergency preparedness, including those set out in clause 15, Tsawwassen First Nation will have access from Tsawwassen Lands to a road or Crown Corridor.

17.  So long as British Columbia owns the Highway 17 Corridor, British Columbia retains discretion to allow a Person to use, occupy or possess the corridor for works of Public Utility.

18.  After the Effective Date, if a Public Utility wishes to use, occupy or possess any portion of the Highway 17 Corridor for the purpose of, or relating to, the installation of new Utility Distribution Works, British Columbia will, as a condition of granting a permit or other authorization to the Public Utility for the installation of the Utility Distribution Works, require the Public Utility to give at least 15 days prior written notice to Tsawwassen First Nation of its intention to install the new Utility Distribution Works with a description of those works.

19.  After the Effective Date, if a Public Utility wishes to use, occupy or possess any portion of the Highway 17 Corridor for the purposes of or relating to the installation of new Utility Transmission Works, British Columbia will, as a condition of granting a permit or other authorization to the Public Utility for the installation of the Utility Transmission Works, require the Public Utility to satisfy the conditions set out in clauses 20 and 21, and to agree to the terms of clause 22.

20.  The Public Utility will Consult with Tsawwassen First Nation at least 60 days before the effective date of the proposed permit or authorization, in respect of measures to be taken by the Public Utility or any compensation payable to Tsawwassen First Nation, in relation to the installation of the new Utility Transmission Works.

21.  Where no agreement is reached between the Public Utility and Tsawwassen First Nation under clause 20 within the time specified, the Public Utility will, at the request of Tsawwassen First Nation, agree with Tsawwassen First Nation to submit the issue of compensation to arbitration under the Commercial Arbitration Act.

22.  The Public Utility and Tsawwassen First Nation will direct an arbitrator appointed under clause 21 to consider the following guidelines in making an award:

a. the award may be decided by reference to principles of law and equity or any other basis agreed to by Tsawwassen First Nation and the Public Utility; and

b. the arbitrator may consider:

i. the facts relating to the actual or potential use, benefit or costs to Tsawwassen First Nation of the Utility Transmission Works;

ii. other arbitration awards decided in similar circumstances;

iii. the economic benefit to First Nations of comparable utilities on First Nation land; and

iv. generally accepted land compensation principles and all relevant evidence.

DIKES AND FLOOD PROTECTION

23.  Despite clause 39 of the Lands chapter, Tsawwassen First Nation is the diking authority under the Dike Maintenance Act for dikes and flood protection structures owned by Tsawwassen First Nation on Tsawwassen Lands.

24.  Tsawwassen First Nation will construct and maintain dikes and flood protection structures on Tsawwassen Lands to standards required by the Inspector of Dikes under the authority of the Dike Maintenance Act, and may enter into contracts for the provision of services related to the construction and maintenance of those dikes and flood protection structures.

ACCESS TO TSAWWASSEN LANDS

25.  Residents of Tsawwassen Lands and other interest holders on Tsawwassen Lands will have access to their property and ancillary interests including access on Tsawwassen Roads, Local Roads and Local Boundary Roads, subject to the terms and conditions of their leases, permits or other tenures.

26.  Public Utilities will have access onto and across Tsawwassen Lands, where reasonably required, to interests and installations that are on or adjacent to Tsawwassen Lands, Local Roads or Local Boundary Roads, subject to the terms and conditions of any lease, permit or other tenure.

27.  Employees, agents and contractors of Canada, British Columbia or Local Governments, members of the Canadian Armed Forces, peace officers, investigators and Federal and Provincial Law enforcement officers have access, in accordance with Federal or Provincial Law, onto and across Tsawwassen Lands, including for greater certainty Tsawwassen Roads, Local Roads and Local Boundary Roads, in order to enforce laws, carry out duties under Federal or Provincial Law, respond to emergencies and deliver programs and services.

28.  Subject to the terms and conditions of any lease, permit or other tenure, Canada, British Columbia, Public Utilities or Local Governments entering onto or crossing Tsawwassen Lands under clauses 26 or 27 will provide reasonable notice of entry to Tsawwassen Lands:

a. before the entry if it is practicable to do so; or

b. as soon as practicable after the entry.

29.  The requirement under clause 28 to provide reasonable notice does not apply to peace officers, investigators or Federal or Provincial Law enforcement officers, carrying out duties under Federal or Provincial Law.

30.  Persons who have access to Tsawwassen Lands under clause 27 are not subject to payment of fees or compensation for access except as required by Federal or Provincial Law in respect of the payment of fees or compensation for access to Tsawwassen Lands.

31.  This Agreement does not limit the authority of Canada or the Minister of National Defence to carry out activities related to national defence and security on Tsawwassen Lands, without payment of any fees or other charges to Tsawwassen First Nation, except as provided for under Federal Law.

TSAWWASSEN ACCESS TO ADJACENT LANDS

32.  Employees, agents and contractors of Tsawwassen First Nation have access to lands adjacent to Tsawwassen Lands in accordance with Federal or Provincial Law in order to enforce laws, carry out duties under Tsawwassen Law, respond to emergencies or deliver programs and services, or for other purposes specified under this Agreement.

33.  When carrying out duties under clause 32, Tsawwassen First Nation will provide reasonable notice of entry to adjacent lands:

a. before the entry if it is practicable to do so; or

b. as soon as practicable after the entry.

34.  Any right of access by Tsawwassen First Nation or a Tsawwassen Member under this Agreement is subject to any agreement in respect of the Roberts Bank port facility entered into from time to time between Tsawwassen First Nation and the Vancouver Port Authority or a successor owner or operator of the Roberts Bank port facility.

NAVIGABLE WATERS

35.  This Agreement does not affect the public right of navigation.

EMERGENCIES AND NATURAL DISASTERS

36.  Any Party may respond to an emergency or natural disaster on Crown land or Tsawwassen Lands or the bodies of water immediately adjacent to Tsawwassen Lands, if the Person with primary responsibility for responding has not responded, or is unable to respond, in a timely way.

37.  The Party responding will, if possible, notify the Person with primary responsibility in advance of taking action but, in any case, will notify that Person as soon as practicable after responding.

38.  In the event of a provincial declaration of emergency or natural disaster, access to Tsawwassen Roads, Local Roads and Local Boundary Roads will be in accordance with Federal or Provincial Law.