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

Act current to 2020-05-17 and last amended on 2009-04-03. Previous Versions

Transitional Provisions

Marginal note:Existing interests — Indian Act

  •  (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.

  • Marginal note:Transfer of rights and obligations

    (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.

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

Access to Information Act

 [Amendment]

First Nations Land Management Act

 [Amendment]

Fisheries Act

 [Amendment]

Payments in Lieu of Taxes Act

 [Amendment]

Privacy Act

 [Amendment]

Coordinating Amendments

 [Amendment]

 [Amendments]

Coming into Force

Marginal note:Order in council

Footnote * 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.

  • Return to footnote *[Note: Sections 19, 31 and 32 in force on assent June 26, 2008; Act, other than sections 19, 31 and 32, in force April 3, 2009, see SI/2008-147.]

 
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