144_2009 — Tsawwassen First Nation Membership in the Greater Vancouver Water District Regulation

s. 1 — Definitions

s. 1(1)

In this regulation:

s. 1(1) — Act

Act means the Greater Vancouver Water District Act;

s. 1(1) — effective date

effective date means April 3, 2009;

s. 1(1) — subject lands

subject lands means lands that on the effective date are Tsawwassen Lands and lands that, after that date,

s. 1(1)(a)

become Tsawwassen Lands in accordance with the Tsawwassen First Nation Final Agreement, and

s. 1(1)(b)

are contiguous with

s. 1(1)(b)(i)

the lands that were Tsawwassen Lands on the effective date, or

s. 1(1)(b)(ii)

lands that after the effective date become Tsawwassen Lands and are contiguous with

s. 1(1)(b)(ii)(A)

the Tsawwassen Lands referred to in subparagraph (i), or

s. 1(1)(b)(ii)(B)

Tsawwassen Lands that are contiguous with the Tsawwassen Lands referred to in subparagraph (i);

s. 1(1) — Tsawwassen

Tsawwassen means the Tsawwassen First Nation;

s. 1(1) — Tsawwassen Lands

Tsawwassen Lands has the same meaning as in the Tsawwassen First Nation Final Agreement.

s. 1(2)

Words and expressions used in this regulation have the same meanings as they have in the Act unless the context requires otherwise.

s. 2 — Application of Act

s. 2(1)

Subject to the Tsawwassen First Nation Final Agreement, except as otherwise provided in this regulation,

s. 2(1)(a)

the Act, as modified by this regulation, applies in relation to Tsawwassen's membership in the Corporation, and

s. 2(1)(b)

the authorities and regulations of the Corporation apply on the subject lands.

s. 2(2)

For certainty, the reference in subsection (1) (b) to "regulations" includes the bylaws and resolutions of the Corporation.

s. 3 — Modifications to Act

s. 3(1)

Except in a provision of the Act that under this regulation does not apply on the subject lands or in relation to Tsawwassen's membership in the Corporation, for the purposes of section 2 of this regulation a reference in the Act to

s. 3(1)(a)

"municipality" must be read as including Tsawwassen or the subject lands, as the context requires, and

s. 3(1)(b)

"Municipal Council" or "Council" must be read as including Tsawwassen's governing body.

s. 3(2)

Section 6A (2) of the Act, as it applies to Tsawwassen as a member of the Corporation, must be read as excluding the reference to financing.

s. 3(3)

The reference to "mayor or alderman of a municipality within the Greater Vancouver Water District" in section 44 (2) of the Act, as it applies to Tsawwassen as a member of the Corporation, must be read as including the head or other elected member of the Tsawwassen governing body.

s. 4 — Exclusions from Act

s. 4(1)

Section 60 (2) of the Act does not apply in relation to Tsawwassen for any indebtedness incurred by the Corporation on behalf of only one member of the Corporation.

s. 4(2)

The Corporation may not make by-laws under section 63A (c) of the Act in relation to Tsawwassen's indebtedness under an agreement or to Tsawwassen as a member of the Corporation.