Bill C-34

2nd Session, 39th Parliament,

56 Elizabeth II, 2007

house of commons of canada

BILL C-34

An Act to give effect to the Tsawwassen First Nation Final Agreement and to make consequential amendments to other Acts

Whereas the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada;

Whereas the Tsawwassen First Nation is part of the Coast Salish, an aboriginal people of Canada;

Whereas the reconciliation between the prior presence of aboriginal peoples and the assertion of sovereignty by the Crown is of significant social and economic importance to Canadians;

Whereas Canadian courts have stated that this reconciliation is best achieved through negotiation;

Whereas the Tsawwassen First Nation, the government of Canada and the government of British Columbia have negotiated the Agreement to achieve this reconciliation and to establish a new relationship among them;

And whereas the Agreement requires that legislation be enacted by the Parliament of Canada in order for the Agreement to be ratified;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Tsawwassen First Nation Final Agreement Act.

INTERPRETATION

2. (1) The following definitions apply in this Act.

“Agreement” means the Tsawwassen First Nation Final Agreement, between the Tsawwassen First Nation, Her Majesty in right of Canada and Her Majesty in right of British Columbia, including any amendments made to it.

“Tax Treatment Agreement” means the Tsawwassen Tax Treatment Agreement referred to in clause 22 of Chapter 20 of the Agreement, including any amendments made to it.

(2) In this Act, “Former Tsawwassen Reserve”, “Tsawwassen Corporation”, “Tsawwassen First Nation”, “Tsawwassen Government”, “Tsawwassen Lands”, “Tsawwassen Law”, “Tsawwassen Member”, “Tsawwassen Public Institution” and “Tsawwassen Territory” have the same meanings as in Chapter 1 of the Agreement.

3. The Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

AGREEMENT

4. (1) The Agreement is approved, given effect and declared valid and has the force of law.

(2) For greater certainty, any person or body has the powers, rights, privileges and benefits conferred on the person or body by the Agreement and shall perform the duties, and is subject to the liabilities, imposed on the person or body by the Agreement.

(3) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies.

5. (1) The Agreement prevails over this Act and any other federal law to the extent of any inconsistency between them.

(2) This Act prevails over any other federal law to the extent of any conflict between them.

APPROPRIATION

6. There shall be paid out of the Consolidated Revenue Fund any sums that are required to meet the monetary obligations of Her Majesty in right of Canada under Chapters 4 and 18 of the Agreement.

LANDS

7. On the effective date of the Agreement, the Tsawwassen First Nation owns the estate in fee simple, as set out in Chapter 4 of the Agreement, in

(a) Tsawwassen Lands referred to in clause 1 of Chapter 4 of the Agreement; and

(b) Other Tsawwassen Lands referred to in subclause 18.a of that chapter.

TAXATION

8. The Tax Treatment Agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect.

9. The Tax Treatment Agreement does not form part of the Agreement and is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

FISHERIES

10. Despite section 7 of the Fisheries Act, the Minister of Fisheries and Oceans may, on behalf of Her Majesty in right of Canada, enter into and implement the Tsawwassen First Nation Harvest Agreement referred to in clause 102 of Chapter 9 of the Agreement, including any amendments made to it.

11. That Harvest Agreement does not form part of the Agreement and is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

APPLICATION OF OTHER ACTS

12. Subject to the provisions of Chapter 3 of the Agreement that deal with the continuing application of the Indian Act, and clauses 16 to 21 of Chapter 20 of the Agreement, the Indian Act does not apply to the Tsawwassen First Nation, Tsawwassen Members, the Tsawwassen Government or Tsawwassen Public Institutions as of the effective date of the Agreement, except for the purpose of determining whether an individual is an Indian.

13. (1) Subject to subsection (2), the First Nations Land Management Act, the Framework Agreement as defined in subsection 2(1) of that Act and the Tsawwassen land code adopted under subsection 6(1) of that Act do not apply in respect of the Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Lands, the Tsawwassen Government or Tsawwassen Public Institutions as of the effective date of the Agreement.

(2) Any laws and bylaws of the Tsawwassen First Nation band that were in effect immediately before the effective date of the Agreement continue in effect on the Former Tsawwassen Reserve for 30 days beginning on that date.

14. Tsawwassen Laws and other instruments made under the Agreement are not statutory instruments for the purposes of the Statutory Instruments Act.

APPLICATION OF LAWS OF BRITISH COLUMBIA

15. To the extent that a law of British Columbia does not apply of its own force to the Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Lands, the Tsawwassen Government, Tsawwassen Public Institutions or Tsawwassen Corporations because of the exclusive legislative jurisdiction of Parliament set out in Class 24 of section 91 of the Constitution Act, 1867, that law applies to it or to them by virtue of this section, in accordance with the Agreement and subject to this Act and any other Act of Parliament.

GENERAL

16. (1) Judicial notice shall be taken of the Agreement and the Tax Treatment Agreement.

(2) The Agreement and the Tax Treatment Agreement shall be published by the Queen’s Printer.

(3) A copy of the Agreement or the Tax Treatment Agreement published by the Queen’s Printer is evidence of that agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is deemed to be so published, unless the contrary is shown.

17. (1) Judicial notice shall be taken of Tsawwassen Laws.

(2) A copy of a Tsawwassen Law purporting to be deposited in a public registry of laws referred to in subclause 16.a of Chapter 16 of the Agreement is evidence of that law and of its contents, unless the contrary is shown.

18. The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out any of the provisions of the Agreement or of the Tax Treatment Agreement.

19. Despite subsection 4(1), Chapters 21 and 24 of the Agreement are deemed to have effect as of December 8, 2006.

20. (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation or validity of the Agreement, or the validity or applicability of this Act, the British Columbia Tsawwassen First Nation Final Agreement Act or any Tsawwassen Law, then the issue shall not be decided until the party raising the issue has served notice on the Attorney General of Canada, the Attorney General of British Columbia and the Tsawwassen First Nation.

(2) The notice shall

(a) describe the judicial or administrative proceeding;

(b) specify what the issue arises in respect of;

(c) state the day on which the issue is to be argued;

(d) give particulars necessary to show the point to be argued; and

(e) be served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period.

(3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of Canada, the Attorney General of British Columbia and the Tsawwassen First Nation may appear and participate in the proceeding as parties with the same rights as any other party.

(4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.

TRANSITIONAL PROVISIONS

21. (1) Despite section 12, if an interest in land in the Former Tsawwassen Reserve was granted or approved under the Indian Act and exists on the effective date of the Agreement, the interest continues in effect in accordance with its terms and conditions unless a replacement interest is issued in accordance with Chapter 4 of the Agreement.

(2) On the effective date of the Agreement, the rights and obligations of Her Majesty in right of Canada as grantor in respect of such an interest are transferred to the Tsawwassen First Nation, which assumes those rights and obligations in accordance with the interest’s terms and conditions.

22. Despite section 13, if an interest in land in the Former Tsawwassen Reserve was granted or approved under the First Nations Land Management Act and exists on the effective date of the Agreement, the interest continues in effect in accordance with its terms and conditions unless a replacement interest is issued in accordance with Chapter 4 of the Agreement.

23. (1) For greater certainty, Her Majesty in right of Canada is not liable in respect of anything done or omitted to be done after the effective date of the Agreement by the Tsawwassen First Nation or any person or body authorized by it to act

(a) in the exercise of the Tsawwassen First Nation’s rights and obligations referred to in subsection 21(2) in respect of an interest in land referred to in subsection 21(1); or

(b) in the exercise of powers, duties and functions in respect of such an interest that arise from Tsawwassen Laws.

(2) The Tsawwassen First Nation shall indemnify Her Majesty in right of Canada for any loss suffered by Her Majesty in right of Canada as a result of an act or omission referred to in subsection (1).

24. For as long as the First Nations Land Management Act is in force, Her Majesty in right of Canada shall, as of the effective date of the Agreement, indemnify the Tsawwassen First Nation in respect of lands in the Former Tsawwassen Reserve in the same manner and under the same conditions as would be the case if that Act continued to apply to those lands.

25. As of the effective date of the Agreement, registrations or records affecting Tsawwassen Lands that are registered or recorded in a land registry under the Indian Act or the First Nations Land Management Act have no effect.

CONSEQUENTIAL AMENDMENTS

Access to Information Act

26. Subsection 13(3) of the Access to Information Act is amended by striking out the word “or” at the end of paragraph (d), by adding the word “or’’ at the end of paragraph (e) and by adding the following after paragraph (e):

First Nations Land Management Act

27. Item 24 of the schedule to the First Nations Land Management Act is repealed.

Fisheries Act

28. Subsection 5(4) of the Fisheries Act is replaced by the following:

(4) The powers and protections that a fishery officer or fishery guardian has under this or any other Act of Parliament, including the powers and protections of a peace officer under the Criminal Code, apply to a fishery officer or fishery guardian enforcing

(a) Nisga’a laws made under the Fisheries Chapter of the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; or

Payments in Lieu of Taxes Act

29. The definition “taxing authority” in subsection 2(1) of the Payments in Lieu of Taxes Act is amended by striking out the word “or” at the end of paragraph (g), by adding the word “or’’ at the end of paragraph (h) and by adding the following after paragraph (h):

Privacy Act

30. Subsection 8(7) of the Privacy Act is amended by striking out the word “or” at the end of paragraph (d), by adding the word “or’’ at the end of paragraph (e) and by adding the following after paragraph (e):

COORDINATING AMENDMENTS

31. If Bill C-30, introduced in the 2nd session of the 39th Parliament and entitled the Specific Claims Tribunal Act, receives royal assent, then, on the first day on which both that Act and section 4 of this Act are in force, Part 1 of the schedule to that Act is amended by adding the following in alphabetical order:

Tsawwassen First Nation Final Agreement Act

32. (1) Subsections (2) to (5) apply if Bill C-32, introduced in the 2nd session of the 39th Parliament and entitled the Fisheries Act, 2007 (the “other Act”), receives royal assent.

(2) On the first day on which both section 29 of the other Act and section 10 of this Act are in force, that section 10 is replaced by the following:

10. The Minister of Fisheries and Oceans may, on behalf of Her Majesty in right of Canada, enter into and implement the Tsawwassen First Nation Harvest Agreement referred to in clause 102 of Chapter 9 of the Agreement, including any amendments made to it.

(3) On the first day on which both section 74 of the other Act and section 2 of this Act are in force, that section 74 is replaced by the following:

74. The powers and protections that a fishery officer or fishery guardian has under this or any other Act of Parliament, including the powers and protections of a peace officer under the Criminal Code, apply to a fishery officer or fishery guardian enforcing

(a) Nisga’a laws made under the Fisheries Chapter of the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; or

(b) Tsawwassen Laws, within the meaning of subsection 2(2) of the Tsawwassen First Nation Final Agreement Act, made under chapter 9 of the Agreement, as defined in subsection 2(1) of that Act, given effect by that Act.

(4) If the repeal of subsection 5(4) of the Fisheries Act by section 247 of the other Act comes into force before section 28 of this Act, then that section 28 is repealed.

(5) If the repeal of subsection 5(4) of the Fisheries Act by section 247 of the other Act comes into force on the same day as section 28 of this Act, then that section 28 is deemed to have come into force before that repeal.

COMING INTO FORCE

33. This Act, other than sections 19, 31 and 32, comes into force on a day to be fixed by order of the Governor in Council.