CHAPTER 1 DEFINITIONS

In this Agreement;

"Adequate Survey" means a survey that:

a. accurately and unambiguously describes the extent of a parcel of land, including the location of the natural boundary as defined in the Land Act, to current technical survey standards having regard to current posting requirements with permanent survey monuments at all corners; and

b. meets the requirements of the registry where the survey plan will be recorded;

"Administrative Penalties" means a sanction or monetary penalty assessed and imposed under a statutory regime in which liability for breach of a regulatory requirement and the sanction or quantum of the monetary penalty is determined through an administrative process, rather than through prosecution or through an action in the civil courts;

"Adoption Agency" means an "adoption agency" as defined in the Adoption Act;

"Agreed-Upon Programs and Services" means those programs and services agreed to by the Parties to be made available by Yale First Nation, towards which Canada or British Columbia agrees to contribute funding, and set out in a Fiscal Financing Agreement;

"Agreement" means this agreement among Yale First Nation, Canada and British Columbia;

"Appendix" means an appendix to this Agreement and, where applicable, includes the authoritative version of a map or plan as set out in the Atlas;

"Appendix B" means Appendices B-1 through B-3;

"Appendix N" means Appendices N-1 through N-6;

"Aquatic Plants" includes all benthic and detached algae, brown algae, red algae, green algae, golden algae and phytoplankton, and all marine and freshwater flowering plants, ferns and mosses, growing in water or in soils that are saturated during most of the growing season;

"Associated Burial Object" means an object that, by its attributes or location, can be demonstrated to have been placed in direct association with the burial of a human being of Yale First Nation ancestry as part of a burial practice or ritual;

"Assurance Fund" means the assurance fund established under Part 19.1 of the Land Title Act;

"Atlas" means the Yale First Nation Final Agreement Atlas as signed by the Parties and as amended from time to time in accordance with this Agreement, which consists of the authoritative version of the maps and plans shown at reduced scale for ease of reference in Appendices A, B, C, D, E, F, G, H, I, K and M of this Agreement;

"Available Flow" means the volume of flow of water, determined by British Columbia, to be above that required:

a. to ensure conservation of Fish and Stream habitats;

b. to continue navigability; and

c. under Water Licences issued before July 30, 2008 and Water Licences issued under applications made before July 30, 2008;

and taking into account any applicable requirements under Federal and Provincial Law;

"Band" means a "band" as defined in the Indian Act;

"BC Hydro" means the British Columbia Hydro and Power Authority, a corporation continued under the Hydro and Power Authority Act, or its successor;

"British Columbia" means, unless the context otherwise requires, Her Majesty the Queen in right of the Province of British Columbia;

"British Columbia Building Code" means the building code established for British Columbia in accordance with the Local Government Act;

"Canada" means, unless the context otherwise requires, Her Majesty the Queen in right of Canada;

"Capital Transfer" means an amount paid by Canada or British Columbia to Yale First Nation under 19.1.1 and Part 1 of Schedule 19-A of Chapter 19 Capital Transfer and Negotiation Loan Repayment;

"Capital Transfer Payment Plan" means the timetable for the payment of the Capital Transfer, described in Part 1 of Schedule 19-A of Chapter 19 Capital Transfer and Negotiation Loan Repayment;

"Chapter" means a chapter of this Agreement;

"Child" means an individual under the age of majority under Provincial Law;

"Child Care" means

a. the care, supervision, social or educational training, including pre-school education; or

b. physical or mental rehabilitative therapy,

of children under the age of 13 years, with or without charge, by caregivers other than the child's parent or a person with whom the child resides and who stands in the place of the child's mother or father, but does not include an educational program provided under the School Act or the Independent School Act or Yale First Nation Law under 3.22;

"Child in Care" means a Child who is in the custody, care or guardianship of a Director or an individual designated with comparable authority under Yale First Nation Law;

"Child in Need of Protection" means a Child in need of protection under the Child, Family and Community Services Act;

"Child Protection Service" means a service that provides for:

a. the protection of Children from abuse, neglect, and harm, or threat of abuse, neglect, or harm, and any need for intervention;

b. the custody, care and guardianship responsibilities for Children in Care;

c. the support of families and caregivers to provide a safe environment and prevent abuse, neglect, and harm, or threat of abuse, neglect or harm; and

d. the support of kinship ties and a Child's attachment to the extended family;

"Community Correctional Services" means:

a. community supervision of offenders subject to court orders, including youth justice court orders, and offenders on conditional and interim release, including temporary release from a youth custody centre;

b. preparation of reports for courts, correctional centres, youth custody centres, Crown counsel and parole boards;

c. supervision of diverted offenders and development and operation of Diversion programs;

d. community-based programs and interventions for offenders, including alternatives to custody programs;

e. identification of and referral to appropriate community resources;

f. programs to meet the needs of youth in conflict with the law; and

g. other community correctional and community youth justice services as may be delivered by British Columbia or Canada from time to time;

"Conflict" means actual conflict in operation or operational incompatibility;

"Consult" and "Consultation" mean provision to a Party of:

a. notice of a matter to be decided;

b. sufficient information in respect of the matter to permit the Party to prepare its views on the matter;

c. a reasonable period of time to permit the Party to prepare its views on the matter;

d. an opportunity for the Party to present its views on the matter; and

e. a full and fair consideration of any views on the matter so presented by the Party;

"Contaminated Site" means a "contaminated site" as defined in the Environmental Management Act;

"Contamination" means "contamination" as defined in the Environmental Management Act;

"Crown" means Her Majesty the Queen in right of Canada or Her Majesty the Queen in right of British Columbia, as the case may be;

"Crown Corridor" means any of those lands, including the Subsurface Resources, identified as a "Crown Corridor" in Appendix D-1;

"Cultural Property" means:

a. ceremonial regalia and similar personal property associated with Yale First Nation; and

b. other personal property that has cultural significance to Yale First Nation;

"Designated Migratory Bird Population" means a population of a species of Migratory Birds that has been designated by the Minister under 11.9;

"Direct" has the same meaning, for the purposes of distinguishing between a direct tax and an indirect tax, as in class 2 of section 92 of the Constitution Act, 1867;

"Director" means a person designated as director by the Minister of Children and Family Development under the Child, Family and Community Service Act or the Adoption Act;

"Disagreement" means any matter to which Chapter 24 Dispute Resolution applies;

"Diversion" means the use of options other than court proceedings to deal with a person alleged to have committed an offence;

"Domestic Fishing Area" means the area described as the "Domestic Fishing Area" in Appendix I, Part 1;

"Domestic Purposes" means food, social and ceremonial purposes, and does not include sale;

"Domestic Salmon Fishing Area" means:

a. the waters of that part of the Fraser River bounded on the south by a line between the easterly and westerly waters' edge of the Fraser River at 10N 5476552 m (Lat. N 49° 25' 51.7"; approximately the southern tip of "American Rock") and bounded on the north by a line from the waters' edge at the southern confluence of Sawmill Creek and running grid bearing east to the waters' edge of the Fraser River (approximately 10N 5496679 m or Lat. N 49° 36' 42.3"), as shown on the map in Appendix I, Part 2, Map 1, the waters of the tributaries flowing into that part of the Fraser River are included; and

b. the waters of that part of the Fraser River bounded on the south by a line from the northwesterly waters' edge at 10N 5460996 (Lat. N 49° 17' 39.1") southeasterly to the waters' edge at 10N 5460425 m (Lat. N 49° 17' 20.1"), and on the north by a line from the northwesterly waters' edge at 10E 603324 m (Long. W 121o 34' 37.3") southeasterly to the waters' edge at 10E 603519 m (Long. W 121o 34' 27.9"; near Hunter Creek) as shown on the map in Appendix I, Part 2, Map 2; the waters of the tributaries flowing into that part of the Fraser River are included.

Coordinate datum: NAD83 (CSRS). Coordinates of a. and b. to be ground truthed.

"Economic Development Fund" means an amount paid by Canada to Yale First Nation under 19.2.1 and Part 2 of Schedule 19-A of Chapter 19 Capital Transfer and Negotiation Loan Repayment;

"Economic Development Fund Payment Plan" means the timetable for the payment of the Economic Development Fund, described in Part 2 of Schedule 19-A of Chapter 19 Capital Transfer and Negotiation Loan Repayment;

"Effective Date" means the date upon which this Agreement takes effect;

"Eligible Voter" means an individual:

a. who is eligible to vote in accordance with 26.4.1; or

b. whose name is added to the List of Eligible Voters in accordance with 26.4.3;

"Eligibility Criteria" means the criteria listed in 25.1;

"Enhancement Initiative" means an initiative that is intended to result in an increase in the abundance or variety of a stock or species of Fish through:

a. the creation of, or improvement to, Fish habitat; or

b. the application of Fish culture technology;

"Enrolment Appeal Board" means the board established under 25.6;

"Enrolment Committee" means the committee established under 25.5;

"Enrolment Register" means the list of individuals who are enrolled under Chapter 25 Eligibility and Enrolment;

"Environment" means the components of the earth and includes:

a. land, water and air, including all layers of the atmosphere;

b. all organic and inorganic matter and living organisms; and

c. the interacting natural systems that include components referred to in a. and b.;

"Environmental Assessment" means an assessment of the environmental effects of a project;

"Environmental Emergency" means an uncontrolled, unplanned or accidental release, or release in contravention of laws or regulations, of a substance into the Environment, or the reasonable likelihood of such a release into the Environment, that:

a. has or may have an immediate or long-term harmful effect on the Environment;

b. constitutes or may constitute a danger to the Environment on which human life depends; or

c. constitutes or may constitute a danger in Canada to human life or health;

"Federal and Provincial Law" means Federal Law and Provincial Law;

"Federal Crown Land" means land owned, leased, licensed or in use by, or expropriated or otherwise acquired by Canada from time to time;

"Federal Expropriating Authority" means the Government of Canada or any other entity authorized under federal legislation to expropriate land or an interest in land;

"Federal Law" includes federal statutes, regulations, ordinances, orders-in-council and the common law;

"Federal or Provincial Law" means Federal Law or Provincial Law;

"Federal Project" means a "project", as defined in the Canadian Environmental Assessment Act, that is subject to an Environmental Assessment under that Act;

"Federal Settlement Legislation" means the Act of Parliament that gives effect to this Agreement;

"First Nation Government in British Columbia" means:

a. the Nis×a'a Government; and

b. the government of a First Nation in British Columbia that has a treaty or a land claims agreement in effect with Canada and British Columbia under the process established by the British Columbia Treaty Commission;

"Fiscal Financing Agreement" means an agreement negotiated among the Parties in accordance with Chapter 20 Fiscal Relations;

"Fish" means:

a. fish, shellfish, crustaceans and marine animals, excluding cetaceans;

b. the parts of fish, shellfish, crustaceans, and marine animals, excluding cetaceans; and

c. the eggs, sperm, spawn, larvae, spat, juvenile stages and adult stages of fish, shellfish, crustaceans and marine animals, excluding cetaceans;

"Forest Practices" means:

a. Timber harvesting;

b. road construction, road maintenance, road use, road deactivation;

c. silviculture treatments, including grazing for the purposes of brushing;

d. botanical forest products collecting; and

e. fire use;

but does not include Timber marks, Timber marking, Timber scaling, manufacture of Timber, or export of Timber;

"Forest Resources" means all Non-timber Resources and Timber, including all biota, but does not include Wildlife, Migratory Birds, water, Groundwater, Fish, or Aquatic Plants;

"Former Indian Reserves" means the lands described in Appendix B-2, Part 1 and identified for illustrative purposes in Appendix B-2, Part 2;

"Former Provincial Crown Land" means the lands identified in Appendix B-3;

"Fossils" means remains, traces or imprints of animals or plants that have been preserved in rocks including bones, shells, casts and tracks;

"Fraser Valley Regional District" means the Fraser Valley Regional District incorporated or continued under the Local Government Act, and its successors;

"Fraser Valley Regional Hospital District" means the Fraser Valley Regional Hospital District incorporated or continued under the Hospital District Act and its successors;

"Frozen Lakes Land" means the Yale First Nation Land described as "Yale First Nation Land – Former Provincial Crown Land" in Map 3 of Appendix B-3;

"Gathering Area" means provincial Crown land within the area described as the "Gathering Area" in Appendix I, Part 3, including Provincial Protected Areas other than the Yale Garry Oak Ecological Reserve;

"Gathering Plan" means a plan approved by the Minister for the gathering of Plants for Domestic Purposes, prepared by Yale First Nation in accordance with 7.7.10;

"Geothermal Resources" means the natural heat of the earth and all substances that derive an added value from it, including steam, water, and water vapour heated by the natural heat of the earth and all substances dissolved in the steam, water or water vapour, but not including:

a. water that has a temperature less than 80°C at the point where it reaches the surface; or

b. hydrocarbons;

"Groundwater" means water below the surface of the ground;

"Harvest Agreement" means the agreement contemplated by 8.2.1;

"Heritage Site" means a site of archaeological, historical, or cultural significance including graves and burial sites;

"Implementation Plan" means the implementation plan described in 23.2.1;

"Independent Regulatory Agency" means a federal statutory body, including the National Energy Board and the Canadian Nuclear Safety Commission, which, in the exercise of regulatory or licensing powers, is not subject to specific control or direction by the federal government notwithstanding that it may be subject to general direction whether by guidelines, regulations or directives, or that its decisions may be subject to approval, variance or rescission by the federal government;

"Indian" means "Indian" as defined in the Indian Act;

"Indian Reserve" means "reserve" as defined in the Indian Act;

"Initial Enrolment Period" means the period from February 13, 2009 until the Effective Date;

"Intellectual Property" includes any intangible property right resulting from intellectual activity in the industrial, scientific, literary or artistic fields, including any right relating to patents, copyrights, trademarks, industrial designs or plant breeders' rights;

"International Legal Obligation" means an international obligation binding on Canada under international law, including those that are in force before, on, or after the Effective Date;

"International Treaty" means an agreement governed by international law and concluded in written form:

a. between states; or

b. between one or more states and one or more international organizations,

whether that agreement is embodied in a single instrument or in two or more related instruments and whatever its particular designation;

"International Tribunal" means any international court, committee, treaty body, tribunal, arbitral tribunal, or other international mechanism or procedure that has jurisdiction to consider the performance of Canada with regard to the International Legal Obligation in question;

"Joint Fisheries Committee" means the committee established under 8.11.1;

"Kuthlalth Indian Reserve #3" means Kuthlalth Indian Reserve No. 3 in the Province of British Columbia, in Yale Division of Yale District, as shown on Plan 66624 CLSR, except the Canadian National Railway right of way shown on Plan RR1086A CLSR;

"Land Surveyor" means a "practising land surveyor" as defined in the Land Surveyors Act;

"Land Title Office" means the Land Title Office as established and described in the Land Title Act;

"List of Eligible Voters" means the list of Eligible Voters maintained by the Ratification Committee under 26.5.2;

"Local Government" means "local government" as defined in the Local Government Act;

"Logs" means logs of all species of wood which are controlled under Canada's Export Control List, Group 5, Item number 51201, pursuant to paragraph 3(1)(e) of the Export and Import Permits Act;

"Migratory Birds" means migratory birds as defined under Federal Law that is enacted further to international conventions that are binding on British Columbia, including the eggs of those birds;

"Migratory Birds Harvest Area" means the area described as the "Migratory Birds Harvest Area" in Appendix I, Part 5, including Provincial Protected Areas other than the Yale Garry Oak Ecological Reserve, but not including Federal Crown Land;

"Mineral" means an ore of metal, including all base and precious metals, or natural substance that can be mined, including rock and other materials from mine tailings, dumps and previously mined deposits of minerals;

"Minister" means the federal or provincial Minister having responsibility, from time to time, for the exercise of powers in relation to the matter in question and includes any person with authority to act in respect of the matter in question;

"National Park" means land and waters named and described in the schedules to the Canada National Parks Act and administered under Federal Law including a national park reserve;

"Natural Gas" means all fluid hydrocarbons that are not defined as Petroleum including coalbed gas and hydrogen sulphide, carbon dioxide and helium produced from a well;

"Negotiation Loan Repayment Plan" means the timetable for the repayment of negotiation loan funding by Yale First Nation described in Schedule 19-B of Chapter 19 Capital Transfer and Negotiation Loan Repayment;

"Neutral" means an individual appointed to assist the Parties to resolve a Disagreement and, except in 24.5.5 and Appendix N-4, includes an arbitrator;

"Neutral Appointing Authority" means the British Columbia International Commercial Arbitration Centre or, if the Centre is unavailable to make a required appointment, any other independent and impartial body or individual acceptable to the Parties;

"New Westminster Water District" means the "New Westminster Water District" as established under the Water Act;

"Non-Member" means an individual who has reached the age of majority under Provincial Law, is ordinarily resident on Yale First Nation Land and is not a Yale First Nation Member;

"Non-timber Resources" means all Forest Resources other than Timber, including medicinal plants, fungi, branches, bark, cones, brushes, roots, moss, mushrooms, ferns, floral greens, herbs, berries, spices, seeds and plants associated with grazing;

"Participating Party" means a Party that:

a. is required or agrees to participate in; or

b. initiates

a process described in Chapter 24 Dispute Resolution to resolve a Disagreement;

"Parties" means Yale First Nation, Canada and British Columbia, and "Party" means any one of these;

"Periodic Review Date" means the 15th anniversary of the Effective Date or a date that occurs every 15 years after that date;

"Permit" means a permit issued by Yale First Nation to an individual under 14.8.1, which may include reasons for, timing and modes of access and terms on which the Permit may terminate;

"Person" for the purposes of Chapter 21 Taxation, includes an individual, a partnership, a corporation, a trust, an unincorporated association or other entity or government or any agency or political subdivision thereof, and their heirs, executors, administrators and other legal representatives;

"Petroleum" means crude petroleum and all other hydrocarbons, regardless of specific gravity, that are or can be recovered in liquid form from a pool or that are or can be removed from oil sand or oil shale;

"Placer Mineral" means ore of metal, including all base and precious metals, and every natural substance that can be mined and that is either loose, or found in fragmentary or broken rock that is not talus rock and occurs in loose earth, gravel and sand, including rock or other material from placer mine tailings, dumps and previously mined deposits of placer minerals;

"Plants" means all flora and fungi but does not include Aquatic Plants or Timber, except for bark, boughs, burls, branches and roots of Timber;

"Private Land" means land that is not Crown land;

"Provincial Agricultural Land Commission" means the "Provincial Agricultural Land Commission" established under the Agricultural Land Commission Act;

"Provincial Court of British Columbia" means "court" as defined in the Provincial Court Act;

"Provincial Expropriating Authority" means a provincial ministry or agency or any person who has the authority to expropriate land under provincial legislation;

"Provincial Law" includes provincial statutes, regulations, ordinances, orders-in-council, bylaws, and the common law;

"Provincial Project" means a "reviewable project", as defined in the provincial Environmental Assessment Act, that is subject to an Environmental Assessment under that Act;

"Provincial Protected Area" means provincial Crown land established or designated as a provincial park, ecological reserve, conservancy or protected area under Provincial Law;

"Provincial Road" means a road under the administration and control of British Columbia;

"Provincial Settlement Legislation" means the Act of the Legislature of British Columbia that gives effect to this Agreement;

"Public Planning Process" means a public planning process established by British Columbia to develop:

a. regional land or resource use management plans or guidelines, including land and resource management plans, landscape unit plans and integrated watershed plans; and

b. public plans or guidelines for specific sectors such as commercial recreation and aquaculture, but not operational plans that give specific direction to government staff;

"Public Utility" means a person, or the person's lessee, trustee, receiver or liquidator, that owns or operates in British Columbia equipment or facilities for the:

a. production, gathering, generating, processing, storage, transmission, sale, supply, distribution or delivery of petroleum (including petroleum products or by-products), gas (including natural gas, natural gas liquids, propane and coalbed gas), electricity, steam, water, sewage, or any other agent for the production of light, heat, cold or power; or

b. emission, conveyance, transmission or reception of information, messages or communications by guided or unguided electromagnetic waves, including systems of cable, microwave, optical fibre or radio communications, if that service is offered to the public for compensation,

and for the purposes of this definition, person includes a partnership or agent of the Crown and, for greater certainty, a corporation, including a Crown corporation;

"Railway" means a company, established under Federal or Provincial Law, authorized to construct and operate a railway. For greater certainty, railway, as used in this definition, includes:

a. all branches, extensions, sidings, stations, depots, wharves, rolling stock, equipment, works, property and works connected with the railway and all railway bridges, tunnels or other structures connected with the railway; and

b. communications or signalling systems and related facilities and equipment used for railway purposes;

"Railway Corridor" means any of those lands identified as a "Railway Corridor" in Appendix E;

"Range Practices" means:

a. grazing of livestock;

b. cutting of hay;

c. activities related to grazing of livestock or cutting of hay; or

d. activities related to constructing, modifying, or maintaining a structure, an excavation, a livestock trail, or an improvement to forage quality or quantity for purposes of range development;

"Ratification Committee" means the committee established under 26.5;

"Reasonable Access" means temporary site access for personal recreational and non-commercial purposes on reasonable conditions specified by Yale First Nation Law;

"Recreation Site" means a "recreation site" as defined in the Forest and Range Practices Act;

"Regional Hospital District" means "regional hospital district" as defined in the Hospital District Act;

"Registrar" means "registrar" as defined in the Land Title Act;

"Registrar of Regulations" means the "registrar" as defined in the provincial Regulations Act;

"Responsible Person" means "responsible person" as defined in the Environmental Management Act;

"Review Period" means a time period beginning on a Periodic Review Date, and ending on a date six months later, or such other date as the Parties may agree;

"Safety and Well-Being of Children" includes those guiding principles under Section 2 of the Child, Family and Community Service Act;

"Salmon" means sockeye, pink, chum, coho, and chinook salmon;

"Sawmill Creek One Main Line" means the land identified for illustrative purposes as "Sawmill Creek One Main Line" and legally described in Appendix D, Part 2;

"Schedule" means a schedule to a Chapter;

"Section 35 Rights of Yale First Nation" means the rights, anywhere in Canada, of Yale First Nation, that are recognized and affirmed by section 35 of the Constitution Act, 1982;

"Settlement Legislation" means the Federal Settlement Legislation and the Provincial Settlement Legislation;

"Site Profile" means "site profile" as defined in the Environmental Management Act;

"Specific Claim Settlement" means any sum payable by Canada to Yale First Nation, which sum represents the amount negotiated by Canada and Yale First Nation, pursuant to the terms and conditions of the Specific Claims Policy, as compensation for the claim;

"Specific Claims Policy" means the policy described in Canada's "Specific Claims Policy and Process Guide (2009)";

"State of Title Certificate" means a certificate issued under the Land Title Act as evidence of a Yale First Nation Fee Simple Interest in Yale First Nation Land substantially in the applicable form set out in Appendix H-6, Document 1;

"Stewardship Activity" means an activity conducted for the assessment, monitoring, protection and management of Fish and Fish habitat;

"Stream" means a natural watercourse or source of water supply, whether usually containing water or not, a lake, river, creek, spring, ravine, swamp and gulch, but does not include Groundwater;

"Submerged Lands" means land below the "natural boundary" as defined in the Land Act;

"Subsurface Resources" means:

a. earth, including diatomaceous earth, soil, peat, marl, sand and gravel;

b. slate, shale, argillite, limestone, marble, clay, gypsum, volcanic ash and rock;

c. Minerals, including Placer Minerals;

d. coal, Petroleum, and Natural Gas;

e. Fossils; and

f. Geothermal Resources;

"Subsurface Tenures" means those subsurface tenures:

a. listed in Appendix H-1, Part 1 and Part 2; or

b. that exist on any lands added to Yale First Nation Land immediately before the parcel of land becomes Yale First Nation Land;

"Surrendered Lands" means "surrendered lands" as defined in the Indian Act;

"Survey Instructions" means instructions issued in accordance with section 77.1 of the Land Act;

"Surveyor General" means "Surveyor General" as defined in the provincial Interpretation Act;

"Telus" means TELUS Communications Inc., a corporation incorporated under Federal Law, or its successor;

"Tenured Subsurface Resources" means those Subsurface Resources administered by British Columbia that are subject to Subsurface Tenures;

"Timber" means trees, whether living, standing, dead, fallen, limbed, bucked, or peeled;

"Total Allowable Migratory Bird Harvest" means the maximum number of a Designated Migratory Bird Population that may be harvested by all harvesters in a specific period of time;

"Total Allowable Wildlife Harvest" means the maximum number of a Wildlife species that may be harvested by all harvesters in the Wildlife Harvest Area each year;

"Trade and Barter" does not include sale;

"Transaction Tax" includes a tax imposed under:

a. the Carbon Tax Act;

b. the Consumption Tax Rebate and Transition Act;

c. the Motor Fuel Tax Act;

d. the Social Service Tax Act (except those sections pertaining to alcohol);

e. the Tobacco Tax Act;

f. the Property Transfer Tax Act;

g. the Hotel Room Tax Act;

h. section 4 of the Insurance Premium Tax Act; and

i. Part IX of the Excise Tax Act;

"Treaty First Nation" means "treaty first nation" as defined in the provincial Interpretation Act;

"Treaty First Nation Director" means "treaty first nation director" as defined in the Local Government Act;

"Water Licence" means a licence, approval or other authorization under Provincial Law for the storage, diversion, extraction or use of water and for the construction, maintenance and operation of works;

"Wildfire Suppression Agreement" means an agreement entered into by British Columbia, Canada and Yale First Nation under 16.6;

"Wildlife" means:

a. all vertebrate and invertebrate animals, including mammals, birds, reptiles, and amphibians; and

b. the eggs, juvenile stages, and adult stages of all vertebrate and invertebrate animals,

but does not include Fish or Migratory Birds;

"Wildlife Harvest Area" means the area described as the "Wildlife Harvest Area" in Appendix I, Part 4, including Provincial Protected Areas other than the Yale Garry Oak Ecological Reserve, but not including Federal Crown Land;

"Yale Band" means the Band known as Yale First Nation;

"Yale First Nation" means the collectivity of all Yale First Nation Individuals;

"Yale First Nation Allocation" means:

a. in respect of the Yale First Nation Right to Harvest Fish:

i. a defined harvest amount or quota;

ii. a harvest amount determined by the use of a formula; or

iii. a harvest amount determined by the use of a formula with respect to a defined harvest area, within the Domestic Fishing Area; and

b. in respect of the Yale First Nation Right to Harvest Wildlife or the Yale First Nation Right to Harvest Migratory Birds:

i. a defined harvest quantity or quota; or

ii. a formula defining a harvest quantity or quota;

of a Wildlife species or a Designated Migratory Bird Population for Yale First Nation;

"Yale First Nation Archaeological Human Remains" means human remains that are not the subject of a police or coroner investigation, and are determined, based on the evidence, to be of Yale First Nation ancestry;

"Yale First Nation Area" means the area described as "Yale First Nation Area" in Appendix A;

"Yale First Nation Artifact" means any object created by, traded to, commissioned by, or given as a gift to a Yale First Nation Member or Yale First Nation, or a Yale First Nation Public Institution, or that originated from Yale First Nation, past or present, and that has past and ongoing importance to Yale First Nation culture or spiritual practices, but does not include any object traded to, commissioned by, or given as a gift to any other person or another aboriginal group;

"Yale First Nation Capital" means all land, cash and other assets transferred to, or recognized as owned by, Yale First Nation under this Agreement;

"Yale First Nation Certificate" means a certificate of Yale First Nation under 13.3.2b;

"Yale First Nation Child" means a Child who is a Yale First Nation Member;

"Yale First Nation Community Watershed Land" means:

a. the lands described as "Yale First Nation Community Watershed Land" in Appendix G; and

b. any lands described as "Potential Additions to Yale First Nation Land" in Appendix C that are added to Yale First Nation Land under this Agreement and which are located within an area designated under Provincial Law as a community watershed immediately prior to being added to Yale First Nation Land;

"Yale First Nation Constitution" means the constitution of Yale First Nation provided for and ratified in accordance with this Agreement;

"Yale First Nation Corporation" means a corporation that is incorporated under Federal or Provincial Law, all of the shares of which are owned legally and beneficially by Yale First Nation, a Yale First Nation settlement trust, a Yale First Nation Corporation Intermediary, or any combination of those entities;

"Yale First Nation Corporation Intermediary" means a corporation that is incorporated under Federal or Provincial Law, all of the shares of which are owned legally and beneficially by Yale First Nation, a Yale First Nation settlement trust, another Yale First Nation Corporation Intermediary, or any combination of those entities;

"Yale First Nation Director" means

a. in respect of the Fraser Valley Regional District, an elected member of the Yale First Nation Government who is qualified under Provincial Law to be appointed to the board of the Fraser Valley Regional District; and

b. in respect of the Fraser Valley Regional Hospital District, an elected member of the Yale First Nation Government who is qualified under Provincial Law to be appointed to the board of the Fraser Valley Regional Hospital District;

"Yale First Nation Family" means one or both parents or guardians living together with one or more Children where:

a. at least one of the parents or guardians is a Yale First Nation Member; or

b. at least one of the Children is a Yale First Nation Child;

"Yale First Nation Fee Simple Interest" means a fee simple interest that is subject to any condition, proviso, restriction, exception, or reservation that may be set out in Yale First Nation Law;

"Yale First Nation Fisheries Operational Guidelines" means the guidelines described in 8.5.1;

"Yale First Nation Fishing Plan" means a plan described in 8.14.1 and 8.14.2;

"Yale First Nation Government" means the government of Yale First Nation as referred to in 3.1.2;

"Yale First Nation Harvest Document" means a licence, permit, document, or amendment thereto, issued by the Minister under Federal or Provincial Law in respect of the Yale First Nation Right to Harvest Fish;

"Yale First Nation Individual" means an individual who is eligible to be enrolled under this Agreement in accordance with Chapter 25 Eligibility and Enrolment;

"Yale First Nation Institution" means the Yale First Nation Government or a Yale First Nation Public Institution;

"Yale First Nation Land" means the lands described in Appendix B;

"Yale First Nation Law" means:

a. a law made by the Yale First Nation Government under any law-making authority set out in this Agreement; and

b. the Yale First Nation Constitution;

"Yale First Nation Member" means a Yale First Nation Individual who is enrolled under this Agreement in accordance with Chapter 25 Eligibility and Enrolment;

"Yale First Nation Project" means a project on Yale First Nation Land but does not include a Provincial Project;

"Yale First Nation Public Institution" means a Yale First Nation body, board, commission or any other similar entity established under 3.3.1i including a school board or health board;

"Yale First Nation Public Officer" means:

a. a member, commissioner, director, or trustee of a Yale First Nation Public Institution;

b. a director, officer or employee of a Yale First Nation Corporation whose principal function is to provide public programs or services reasonably similar to those provided by federal, provincial or municipal governments, rather than to engage in commercial activities;

c. an officer or employee of Yale First Nation or a Yale First Nation Institution;

d. an election official within the meaning of a Yale First Nation Law; or

e. a volunteer who participates in the delivery of programs or services by Yale First Nation, a Yale First Nation Institution, or a body referred to in b. under the supervision of an officer or employee of Yale First Nation, a Yale First Nation Institution, or a body referred to in b.;

"Yale First Nation Right to Gather Plants" means the right of Yale First Nation to gather Plants described in 7.7.1;

"Yale First Nation Right to Harvest Fish" means the right of Yale First Nation to harvest Fish and Aquatic Plants for Domestic Purposes described in 8.1.1;

"Yale First Nation Right to Harvest Migratory Birds" means the right of Yale First Nation to harvest Migratory Birds described in 11.1.1;

"Yale First Nation Right to Harvest Wildlife" means the right of Yale First Nation to harvest Wildlife described in 10.1.1;

"Yale First Nation Road" means any road, including a road allowance, that forms part of Yale First Nation Land;

"Yale First Nation Water Reservation" means the water reservation described in 9.3; and

"Yale Garry Oak Ecological Reserve" means the "Yale Garry Oak Ecological Reserve" established or continued under the Ecological Reserve Act.

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