SHARED RESPECT. SHARED PROSPERITY. General Overview

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.

BENEFITS OF southern Strait of Georgia. It will long-standing issues regarding its lands or members. Instead, A TREATY provide Tsawwassen First Nation undefi ned Aboriginal rights constitutionally-protected A treaty with Tsawwassen First with the modern governance and title, and bring certainty self-government provisions Nation will bring certainty with tools to build strong and and economic benefi ts not will enable Tsawwassen respect to all of Tsawwassen workable relationships only to Tsawwassen members First Nation to make its First Nation’s Aboriginal rights with federal, provincial but to the entire region. own decisions on matters throughout the Tsawwassen and local governments. related to the preservation of its culture, the exercise First Nation claimed traditional TSAWWASSEN Canada, British Columbia territory, which covers GOVERNMENT of its treaty rights and the approximately 279,600 hectares and Tsawwassen First Nation operation of its government. The Tsawwassen Final including the waters of the expect that a treaty will resolve Agreement will operate The Final Agreement requires within the framework of Tsawwassen First Nation the Constitution of Canada, to have a constitution that and the Canadian Charter e

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P of Rights and Freedoms will ST R A democratically and fi nancially IT Burrard Inlet apply to the Tsawwassen O F Vancouver accountable to its citizens. G E First Nation government. O R G Richmond Fraser IA River

Delta Residents on Tsawwassen ada BOUNDARY British Columbia, Can With the exception of BAY Washington, U.S.A. Lands who are not Tsawwassen

G determining Indian status, ul f I sl an members may participate in ds after a transition period the Legend VANCOUVER the decision-making processes ISLAND Tsawwassen Territory Indian Act will no longer apply Provincial Parks within Tsawwassen Territory of a Tsawwassen public National Parks to Tsawwassen First Nation,

TSAWWASSEN FINAL AGREEMENT institution, such as a school or member representative will health board, if the activities be selected by non-members

HOWE e of that institution directly and will have the ability to k a

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t SOUND t i and significantly affect them. participate in discussions P ST R A Non-members may vote in, and vote on taxation matters IT Burrard Inlet O F Vancouver G and stand for, election to a that directly and significantly E O R Richmond Fraser G River Tsawwassen public institution, affect non-members. IA Delta ada BOUNDARY British Columbia, Can BAY or the Tsawwassen government Washington, U.S.A.

G ul Legend may appoint non-members f I sl an TSAWWASSEN LANDS ds Tsawwassen Territory to sit as board members of Tsawwassen Migratory Bird VANCOUVER The Final Agreement ISLAND and Wildlife Harvest Areas these institutions. However, Tsawwassen Lands land package consists of Provincial Parks within Tsawwassen First Nation may Tsawwassen Territory approximately 724 hectares provide that a majority of the of treaty settlement land for WILDLIFE AND Given the limited wildlife members of a Tsawwassen Tsawwassen First Nation. MIGRATORY BIRDS harvest opportunities public institution must be This includes approximately Under the treaty, Tsawwassen and the likelihood of Tsawwassen members. Non- 290 hectares of former First Nation will have the fewer opportunities in members will have the same reserves and 372 hectares right to harvest wildlife and the future, Canada will rights of appeal as members. of former provincial Crown migratory birds for food, social provide Tsawwassen land. Tsawwassen First Nation and ceremonial purposes First Nation $50,000 to There will be non-member will also own in fee simple within the Tsawwassen establish a Wildlife Fund. representation on any an additional 62 hectares traditional territory, including Tsawwassen First Nation public of other land comprised of in national and provincial parks. institution that makes decisions TSAWWASSEN the Boundary Bay and Fraser This right is limited by measures relating to taxation matters FOOD, SOCIAL AND River parcels, but this land will necessary for conservation, that directly and significantly CEREMONIAL FISHERY remain under the jurisdiction public health and public safety. affect non-members. The non- Under the treaty, Tsawwassen of the Corporation of Delta. First Nation will have the right Federal and provincial laws to harvest fish and aquatic r Rive will apply on Tsawwassen Fraser plants for food, social and Lands and throughout the oad er r R ceremonial purposes, subject r Riv Rive Frase Tsawwassen traditional territory. to conservation, public health Tsawwassen laws with respect and public safety. This right will to the management of the Pacific 17 be exercised within defined ay hw ig harvesting of wildlife and Ocean H geographic areas known as the Boundary migratory birds will apply Bay Tsawwassen Fishing Area and to Tsawwassen members. Legend Tsawwassen Intertidal Bivalve Tsawwassen Lands Federal and provincial laws Roberts Bank Other Lands Superport Fishing Area, as described Specified Lands on the use and possession On Effective Date Former in the Final Agreement. BC Crown Lands within ALR BC Ferries On Effective Date Former BC of firearms will apply. Terminal Crown Lands not within ALR Fishing will be in accordance

TSAWWASSEN FINAL AGREEMENT with a harvest document PURPOSES If the allocation were applied » The Tsawwassen First issued by the Minister of Sockeye salmon to the abundance levels Nation allocation for pink

Fisheries and Oceans. » When the CTAC for Fraser for the years 1992 to 2003, salmon is set at the number River sockeye is 500,000 it would have averaged caught incidentally as part The Final Agreement provides or lower, Tsawwassen First 12,000 Fraser River sockeye of the sockeye harvest, to for Tsawwassen First Nation’s Nation’s allocation will be per year over those years. a maximum of 2,500 Fraser treaty allocations of salmon 1.0 per cent of the CTAC River pink salmon per year. for food, social and ceremonial Chinook salmon for Fraser River sockeye. purposes. Allocations for » The Tsawwassen First Nation » When the CTAC for Fraser NON-ALLOCATED sockeye, chum and chinook are allocation for chinook is a River sockeye is more than SPECIES – based on annual abundance formula based on the CTAC. 500,000 and less than FOOD, SOCIAL and will vary depending on If the formula were applied AND CEREMONIAL 3,000,000, the Tsawwassen the size, in any given year, of to the abundance levels PURPOSES First Nation allocation the Canadian Total Allowable for the years 1982 to 2004, The Final Agreement leaves will be 5,000 Fraser River Catch (CTAC) for Fraser River the allocation would have some species of fi sh and sockeye plus 0.40904 per sockeye and chinook salmon averaged 625 Fraser River aquatic plants non-allocated, cent of any portion of Fraser and the Terminal Surplus for chinook over those years. such as crab and intertidal River sockeye CTAC that is Fraser River chum salmon. The bivalves. A process has been greater than 500,000 (but CTAC and Terminal Surplus are Coho salmon set out in the Final Agreement still less than 3,000,000). determined by the Minister of » The Tsawwassen First to establish allocations at Fisheries and Oceans every year. » When the CTAC for Fraser Nation allocation for Fraser the request of Tsawwassen River sockeye is 3,000,000 or River coho is the amount First Nation, Canada or British more, the treaty allocation ALLOCATIONS OF FISH caught incidentally during Columbia. Crab fi sheries for FOR FOOD, SOCIAL will not exceed a maximum fi sheries for other species, or food, social and ceremonial AND CEREMONIAL of 15,226 Fraser River using selective harvesting purposes will be non-allocated sockeye for the year. techniques to target specifi c for a period of 12 years after coho stocks. The annual the eff ective date of the treaty, Vancouver average harvest is to be r during which time Tsawwassen ve Ri 500 Fraser River coho. First Nation may harvest Richmond ST R er A as IT Fr crabs using up to 50 traps per O Chum salmon F vessel. A crab allocation will be Delta G E O BOUNDARY R » In any year, the Tsawwassen G BAY established after 12 years, in IA Point Roberts First Nation allocation for accordance with the process

W a chum will be 2.58 per cent G B sh set out in the Final Agreement. a ri i lia tis ng no h to Isl C n, an ol U d um .S of the Terminal Surplus b .A ia . , C an ad Mayne a of Fraser River chum, to a Island Legend VANCOUVER Tumbo Island TSAWWASSEN ISLAND Saltspring Tsawwassen Fishing Area maximum of 2,576 pieces. Island Pender Saturna Tsawwassen Intertidal Island Island Bivalve Area HARVEST AGREEMENT Tsawwassen Territory A Harvest Agreement, separate Pink salmon

TSAWWASSENT S A W W A S S E N FFINALI N A L AAGREEMENTG R E E M E N T from the Final Agreement, a director to the GVRD board. government has agreed to their intended purposes. provides for commercial Tsawwassen First Nation will administer will be provided fishing licences to be issued pay for core mandatory services through the Fiscal Financing Tsawwassen First Nation will to Tsawwassen First Nation. in the GVRD, such as air quality, Agreement, renegotiated every contribute to the funding of These licences would strategic planning, 911, regional five years, which provides for agreed upon programs and authorize Tsawwassen First parks and general government. fiscal transfers from Canada services from its own sources Nation to harvest up to 0.78 and British Columbia. These of revenue. The Own Source per cent of the Canadian Tsawwassen First Nation transfers support program and Revenue Agreement negotiated commercial total allowable and the Greater Vancouver service delivery by Tsawwassen among Canada, British catch for Fraser River sockeye, Water District may enter into First Nation to its members and Columbia and Tsawwassen 3.27 per cent of terminal a water services agreement, residents, as well as funding to First Nation sets out how the commercial catch of Fraser and Tsawwassen First support activities to implement First Nation’s contribution River chum, and 0.78 per cent Nation may also enter into the treaty. The agreement to the costs of programs of the Canadian commercial service agreements with provides for one-time and and services it delivers to total allowable catch of other local governments. ongoing funding: one-time its members and residents Fraser River pink salmon. funding is $15.8 million; will change in step with its capacity to generate revenues. FINANCIAL ongoing funding in the first The Harvest Agreement also COMPONENTS Fiscal Financing Agreement allows for up to five commercial Taxation is an important The Tsawwassen Final will be $2.8 million per year. crab licences to be issued to element of the Tsawwassen Agreement will provide Tsawwassen First Nation. The Tsawwassen Final Final Agreement as it can Tsawwassen First Nation with a Agreement represents a contribute to the foundation capital transfer of approximately fundamental change in the of future revenue capacity FORESTRY $13.9 million over 10 years. fiscal relationship between for the Tsawwassen First Tsawwassen First Nation will Tsawwassen First Nation will the federal government and Nation government. The own all timber resources pay back to Canada, over the Tsawwassen First Nation. The Indian Act tax exemption for on Tsawwassen Lands, same period, the loans taken Tsawwassen government will Tsawwassen citizens will be and will receive $100,000 to negotiate the treaty. have strengthened autonomy phased out after eight years from Canada and British and be fully accountable to for transaction (i.e., sales) Columbia to establish a In consideration of the its members and residents taxes and 12 years for other Forest Resources Fund. release by Tsawwassen First taxes, including income tax. Nation of the rights to the of its treaty settlement lands The Tsawwassen government mines and minerals under for financial decisions. The INTER- will have the ability to levy previously surrendered Tsawwassen government will GOVERNMENTAL direct taxes on its members reserve lands, Canada will also be accountable to other RELATIONS within Tsawwassen Lands. provide Tsawwassen First public governments for the After the effective date of the Nation $2.0 million. financial transfers it receives, so treaty, Tsawwassen First Nation the government that provides will become a member of the Funding for the programs and the funding can ensure that Greater Vancouver Regional services that the Tsawwassen public funds were used for District (GVRD) and will appoint

TSAWWASSEN FINAL AGREEMENT PUBLIC INPUT First Nations must establish a the Final Agreement, British INTO THE FINAL process to resolve overlaps. Columbia will then proceed AGREEMENT through its ratifi cation process. Treaty negotiators rely on the Canada, British Columbia A Minister from the provincial advice of local stakeholders to and Tsawwassen First Cabinet must recommend ensure that the interests of the Nation are consulting with the agreement for approval, broader community are fairly neighbouring First Nations and settlement legislation will represented. Over the past and will continue to work to then be introduced into the decade, consultations on a wide resolve any remaining overlap Legislative Assembly for debate. range of subjects have been issues. The harvesting areas held with local and regional set out in the Final Agreement If British Columbia ratifi es governments, third parties and are not exclusive, and other the Final Agreement, Canada community interests. Since First Nations and the general will proceed through its 2002, over 20 public meetings public may fi sh and hunt ratifi cation process. Similar to have been held, including there as they do now on the procedure at the provincial public information open provincial Crown land. level, a federal Cabinet Minister houses and open main tables must recommend the Final Agreement, and settlement in the community. There have NEXT STEPS also been numerous ongoing legislation would be introduced By initialling the Final consultations with local in Parliament for debate. Once Agreement, the chief governments and third parties. enacted through legislation, negotiators for Canada, British the Final Agreement will Columbia and Tsawwassen After the Final Agreement is become a treaty and will be First Nation agree to present initialled and the ratifi cation brought into eff ect on a date the agreement to their process begins, Canada, British agreed to by the parties. respective principals with Columbia and Tsawwassen a recommendation that it First Nation will continue be signed and ratifi ed. to communicate with local stakeholders and the general Through the Tsawwassen public on the Final Agreement. First Nation approval process, Tsawwassen members will OVERLAPS ratify the Final Agreement First Nations’ claimed traditional through a community vote, territories can and do overlap. which requires at least 50 In British Columbia, there are per cent plus one of eligible often multiple, overlapping voters to vote in favour of the claims. As part of the British agreement. If the Tsawwassen Columbia treaty process, First Nation community ratifi es

TSAWWASSENT S A W W A S S E N FFINALI N A L AAGREEMENTG 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 FFINALI N A L AAGREEMENTG R E E M E N T