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 k a L provides for government that is t t i 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 L 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 FINALF I N A L AGREEMENTA G R E E M E N T from the Final Agreement, a director to the GVRD board.