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

Assented to 2008-06-26

Marginal note:Existing interests — First Nations Land Management Act

 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.

Marginal note:Her Majesty not liable
  •  (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.

  • Marginal note:Indemnification of Her Majesty

    (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).

Marginal note:Indemnification of Tsawwassen First Nation

 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.

Marginal note:Documents in land registries

 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

R.S., c. A-1Access to Information Act

 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):

1999, c. 24First Nations Land Management Act

Marginal note:SOR/2003-178, s. 1

 Item 24 of the schedule to the First Nations Land Management Act is repealed.

R.S., c. F-14Fisheries Act

Marginal note:2000, c. 7, s. 22

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

  • Marginal note:Laws of certain First Nations

    (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

R.S., c. M-13Payments in Lieu of Taxes Act

 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):

  • (i) the Tsawwassen Government, as defined in subsection 2(2) of the Tsawwassen First Nation Final Agreement Act, if it levies and collects a real property tax or a frontage or area tax in respect of Tsawwassen Lands, as defined in that subsection.

R.S., c. P-21Privacy Act

 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

Marginal note:Bill C-30

 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

    Loi sur l’accord définitif concernant la Première Nation de Tsawwassen

Marginal note:Bill C-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:

    Marginal note:Powers of Minister of Fisheries and Oceans

    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:

    Marginal note:Laws of certain First Nations

    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

  • (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

Marginal note:Order in council

 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.

 
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