Tsawwassen Lands

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SHARED RESPECT. SHARED PROSPERITY. Tsawwassen Lands The Tsawwassen Final Agreement was negotiated by the Government of Canada, the Government of British Columbia and Tsawwassen First Nation. It is the second Final Agreement reached in the province under the British Columbia treaty process. The Final Agreement provides Tsawwassen First Nation with certain rights and benefi ts regarding land and resources, and self-government over its lands and resources and its members. It provides certainty with respect to ownership and management of lands and resources and the exercise of federal, provincial and Tsawwassen governmental powers and authorities. The negotiation of a Final Agreement marks Stage Five of the six-stage British Columbia treaty process, and is the conclusion of substantive treaty negotiations. Once ratifi ed by all parties, the Final Agreement will become a treaty through legislation. It will be a constitutionally-protected legal agreement that creates mutually binding obligations and commitments. TSAWWASSEN LANDS Nation will own two types of Lands. The First Nation will Tsawwassen First Nation will The Final Agreement land. The majority of the land, have law-making authority own, but not have law-making land package consists of approximately 662 hectares, over this land and will own the authority over, the remaining approximately 724 hectares will be called Tsawwassen subsurface resources beneath it. 62 hectares of land (the of treaty settlement land for Tsawwassen First Nation. r Rive This includes approximately Fraser 290 hectares of former oad er r R reserves and 372 hectares r Riv Rive Frase of former provincial Crown land. Tsawwassen First Nation will also own in fee simple an additional 62 hectares Pacific 17 ay of other land comprised of hw ig Ocean H the Boundary Bay and Fraser Boundary River parcels, but this land will Bay remain under the jurisdiction Legend of the Corporation of Delta. Tsawwassen Lands Roberts Bank Other Lands Superport Federal and provincial laws will Specified Lands apply to all lands owned by On Effective Date Former BC Crown Lands within ALR Tsawwassen First Nation. Under BC Ferries On Effective Date Former BC Terminal Crown Lands not within ALR the treaty, Tsawwassen First TSAWWASSEN FINAL AGREEMENT Boundary Bay and Fraser River currently leasing these lands TSAWWASSEN LAND USE PLANNING parcels) that will transfer to choose not to buy them or LANDS AND THE Tsawwassen First Nation may Tsawwassen First Nation as decide to sell them later. AGRICULTURAL LAND participate in any provincial private fee-simple land. This RESERVE land use planning process land falls within the boundaries While all parties agree that as a All provincial Crown lands in the affecting Tsawwassen territory. of the Corporation of Delta. general principle Tsawwassen Tsawwassen Final Agreement Tsawwassen First Nation Lands will not be subject are in the Agricultural LEASES AND will not own the subsurface to expropriation, the Final Land Reserve (ALR). On the LICENCES ON resources beneath this land. Agreement contains processes effective date of the treaty, TSAWWASSEN LANDS that allow Canada or British 207 hectares of this land will The terms and conditions Tsawwassen treaty settlement Columbia to expropriate be removed from the ALR. of continuing leases and lands will be transferred to the Tsawwassen Lands if certain The remaining provincial licences on former Tsawwassen First Nation as of the effective requirements are met. Crown land component of First Nation reserve land date of the treaty. The Final about 227 hectares, including will be respected after the Agreement sets out that all the Boundary Bay parcels, ADDITIONS TO treaty comes into effect. parcels will be registered TSAWWASSEN LANDS will remain in the ALR. in the BC Land Title Office. If Tsawwassen First Nation Using the provincial land The ALR designation does not TSAWWASSEN purchases land within the registration system for land apply to federal land. The Final WATER LOTS Brunswick Point lands within administration will provide Agreement provides that the When the treaty takes effect, 50 years after the effective date Tsawwassen First Nation with 290 hectares of former reserve British Columbia will issue of the treaty, Tsawwassen First greater flexibility and efficiency land will remain excluded water lot leases to Tsawwassen Nation may add these lands than current systems for from the ALR to ensure that First Nation. Tsawwassen First to its treaty settlement lands. administering reserve lands. the designation does not Nation government will have apply once the land transfers the authority to regulate Following this 50-year period, The Highway 17 corridor and to Tsawwassen First Nation. activities on the water lots Tsawwassen First Nation Deltaport Way are not part to ensure public health and can add lands to its treaty of Tsawwassen Lands and In the future, if Tsawwassen safety. All other authorities settlement lands if it purchases will remain provincial land. First Nation wishes to have remain with the federal or the land from willing sellers, additional land removed from provincial governments. but the federal, provincial and Tsawwassen First Nation will the ALR it can apply to the municipal governments must have rights of refusal for 80 Agricultural Land Commission consent to the addition. ACCESS years after the treaty takes effect through the process set The Final Agreement includes to purchase approximately out in the Agricultural provisions to ensure public 278 hectares of lands north of Land Commission Act. access for rights-of-way and Tsawwassen Lands (Brunswick navigable waters, and specific Point lands) if the people TSAWWASSEN FINAL AGREEMENT access for owners of adjacent OVERLAPS WITH fee-simple parcels and NEIGHBOURING tenure-holders. Residents of FIRST NATIONS Tsawwassen Lands, including In British Columbia, traditional leaseholders, will continue to territories claimed by First have access to their properties. Nations often overlap. As part of the British Columbia Highways will remain provincial treaty process, First Nations Crown land and are specifi cally must establish a process to excluded from Tsawwassen resolve overlaps and report Lands. Other roads which may to the British Columbia become Tsawwassen Lands will Treaty Commission on the remain open to public use. progress of discussions with other First Nations. Access is also provided under specifi c terms in the Final Agreement to permit law enforcement, emergency responses and public utility installations. RECONCILIATION FUND On the eff ective date of the treaty, British Columbia and Canada will pay Tsawwassen First Nation $440,000 to establish a Reconciliation Fund for purposes related to legacy projects. TSAWWASSENT S A W W A S S E N FINALF I N A L AGREEMENTA G R E E M E N T TSAWWASSEN FIRST NATION – LAND FACING THE SEA Th e Tsawwassen are proud, sea-faring Coast Salish people who have long travelled and fi shed the waterways of the southern Strait of Georgia and lower Fraser River. Th e main Tsawwassen community is located on the waterfront adjacent to Delta. Tsawwassen First Nation lists its membership at 358 people, about half of whom live on reserve. If you would like more information about the Tsawwassen Final Agreement, contact: Canada Tsawwassen First Nation British Columbia Indian and Northern Aff airs Canada Tsawwassen First Nation Ministry of Aboriginal Relations British Columbia Region #131 N Tsawwassen Drive and Reconciliation 600 - 1138 Melville Street Delta, BC V4M 4G2 PO Box 9100 Stn Prov Govt Vancouver, BC V6E 4S3 604-943-2112 Victoria, BC V8W 9B1 1-800-567-9604 www.tsawwassenfi rstnation.com 1-800-880-1022 www.inac.gc.ca/bc/ftno info@tsawwassenfi rstnation.com www.gov.bc.ca/arr [email protected] [email protected] TSAWWASSENT S A W W A S S E N FINALF I N A L AGREEMENTA G R E E M E N T.
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