Tsawwassen First Nation Final Agreement Act (S.C. 2008, c. 32)

Act current to 2014-09-29 and last amended on 2009-04-03. Previous Versions

Tsawwassen First Nation Final Agreement Act

S.C. 2008, c. 32

Assented to 2008-06-26

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

Preamble

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

Marginal note:Short title

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

INTERPRETATION

Marginal note:Definitions
  •  (1) The following definitions apply in this Act.

    “Agreement”

    « accord »

    “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”

    « accord sur le traitement fiscal »

    “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.

  • Marginal note:Definitions in the Agreement

    (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.

Marginal note:Status of Agreement

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

AGREEMENT

Marginal note:Agreement given effect
  •  (1) The Agreement is approved, given effect and declared valid and has the force of law.

  • Marginal note:Rights and obligations

    (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.

  • Marginal note:Third parties

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

Marginal note:Inconsistency with Agreement
  •  (1) The Agreement prevails over this Act and any other federal law to the extent of any inconsistency between them.

  • Marginal note:Conflict with Act

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