Tsawwassen First Nation Final Agreement Act 2266

statreg 07039 34

British Columbia — Consolidated Statutes

Tsawwassen First Nation Final Agreement Act 39 November 22, 2007 1089244767/07039/tlc07039_f E2tlc07039

Schedule Tsawwassen First Nation Final Agreement APPENDIX D INTERESTS ON TSAWWASSEN LANDS APPENDIX D-1 List of Locatee Interests on the Former Tsawwassen Reserve APPENDIX D-2 List of Leases on Locatee Interests on the Former Tsawwassen Reserve APPENDIX D-3 List of Public Utility Transmission and Distribution Works Rights of Way and Other Interests Part Former Provincial Crown Lands Part Former Tsawwassen Reserve APPENDIX D-4 List of Beach Lot Interests APPENDIX D-5 List of Stahaken Interests Part Phase I Part Phase II Part Phase III APPENDIX D-6 List of Tsatsu Shores Interests APPENDIX D-7 List of Leases on Former Provincial Crown Lands Included in Tsawwassen Lands APPENDIX D-8 Applicable Form of Document Evidencing Interests in Appendix D-1 APPENDIX D-9 Applicable Forms of Document for Interests on Tsawwassen Lands Document Anode Bed Right of Way Agreement (Corporation of Delta) Document Public Access Right of Way Agreement (British Columbia) Document Transmission Right of Way Agreement (British Columbia Hydro and Power Authority) Document Distribution Right of Way Agreement (British Columbia Hydro and Power Authority and Telus Communications Inc.) Document Natural Gas Distribution Works Right of Way Agreement (Terasen Gas Inc.) Document Broadband Communications Distribution Works Right of Way Agreement (Delta Cable Communications Ltd.) Document Cable Landing Site Lease (British Columbia Hydro and Power Authority) Document Drainage Ditch Right of Way Agreement (Corporation of Delta) APPENDIX D–1 List of Locatee Interests on the Former Tsawwassen Reserve Note: Information will be updated before the Effective Date Parcel Description and First Nation Land Register System Parcel Identification (PIN) Number Interest Holder Lot 2-1-1 CLSR PIN Williams, Cory Russell & Williams, Darren Benedict (undivided 1/2 each) (NETI) 1 Lot 2-2-1 RSBC PIN Williams, Cory Russell (CP 53401) 2 Lot 3-1-1 RSBC PIN Larden, Phyllis Shirley (CP 53191) Lot 3-4 CLSR PIN Jacobs, Frederick Lewis (CP 109000) Lot 7-4 CLSR PIN Jacobs, Frederick Anthony (CP 29173) Lot 7-7 CLSR PIN Jacobs, Frederick Lewis (CP 109008) Lot 7-8-1 RSBC 3271R PIN Jacobs, Andrea Coral (CP 136673) Lot 7-8-2 RSBC 3271R PIN Jacobs, Frederick Lewis (CP 136674) Lot 7-9 CLSR PIN Jacobs, Deanna Gay (CP 126808) Lot 7-10 CLSR PIN Jacobs, Deanna Gay (CP 126828) Lot 7-11 CLSR PIN Jacobs, Deanna Gay (CP 126822) Lot 7-12 CLSR PIN Jacobs, Deanna Gay (CP 126829) Lot 7-13-1 RSBC 3034R PIN Jacobs, Frederick Lewis (CP 132388) Lot 7-13-2 RSBC 3034R PIN Jacobs, Frederick Lewis (CP 132389) Lot 7-13-3 RSBC 3034R PIN Grann, John James (CP 144750) Lot 7-13-4 RSBC 3034R PIN Grann, John James (CP 144753) Lot 7-13-5 RSBC 3034R PIN Grann, Deanne Faye Kathren (CP 144754) Lot 7-13-6 RSBC 3034R PIN Grann, Deanne Faye Kathren (CP 144856) Lot 7-13-7 RSBC 3034R PIN Jacobs, Frederick Lewis (CP 132393) Lot 7-13-8 RSBC 3034R PIN Jacobs, Frederick Anthony (CP 132385) Lot 7-13-9 RSBC 3034R PIN Jacobs, Andrea Coral (CP 132386) Lot 7-13-10 RSBC 3034R PIN Jacobs, Frederick Lewis (CP 132394) Lot 7-13-11 RSBC 3034R PIN Jacobs, Frederick Lewis (CP 132395) Lot 9-1 CLSR PIN Koller, Leileani Tina (CP 142387) Lot 9-6 CLSR PIN Koller, Leileani Tina (CP 108188) & Legge (Williams), Tammy Faye (CP 108189) (undivided 1/2 each) Lot 9-7 CLSR PIN Baird, Terry William (CP 130406) Lot 9-8 CLSR PIN Baird, Kimberley Carolyn (CP 110335) Lot 9-9 CLSR PIN Baird, Edith Marilyn (CP 108193) Lot 9-10 CLSR PIN Baird, Michael Simon (CP 123485) Lot 9-11 CLSR PIN Baird, Kenneth Lorne (CP 130407) Lot 9-12 CLSR PIN Joe, David James (CP 108205) & Joe, Marvin Andrew (CP 108204) (undivided 1/2 each) Lot 9-13 CLSR PIN Watson, Cynthia Ann (CP 108207) Lot 9-14 CLSR PIN Cardinal, James Brian (CP 108210) & Cardinal, Renee Rosanne (CP 108209) & Eely, Gina Fern (CP 108208) (undivided 1/3 each) Lot 9-15-2 CLSR PIN Jacobs, Deanna Gay Lot 10-1-2 CLSR PIN Williams, Bessie Marion (CP 119362) & Williams, Gordon George (CP 119363) & Williams, Marvin Wray (CP 119364) (undivided 1/3 each) Lot 10-2-1 RSBC 3273R PIN Williams, Gordon George (CP 136436) & Williams, Marvin Wray (CP 136435) (undivided 1/2 each) Lot 10-7 RSBC 3273R PIN Williams, Laura Marie Cassidy (CP 137383) Lot 10-8 RSBC 3273R PIN Williams, Gordon George (CP 137385) & Williams, Marvin Wray (CP 137384) (undivided 1/2 each) Lot CLSR PIN Williams, Joanne Lynn Lot CLSR PIN Williams, Dorothy (Estate) (CP 52467) Lot 13-2-1 CLSR PIN Williams, Tammy Faye (CP 47728) Lot 13-3 CLSR PIN Williams, Russell Isaac (CP 6551) Lot 13-4-1 RSBC 2576R PIN Williams, Cory Russell (CP 112654) (undivided 1/4) & Williams, Darren Benedict (CP 112655) (undivided 1/4) & Williams, Russell Isaac (CP 112653) (undivided 1/2) Lot 13-4-2 RSBC 2576R PIN Williams, Emily Merle (CP 112652) Lot CLSR PIN Jacobs, Herman Albert (Estate) (CP 31603) Lot CLSR PIN Williams, Dorothy (Estate) (CP 52466) Lot 16-1-2 CLSR PIN Williams, Mabel Charleen (CP 70604) Lot 16-1-4 RSBC 2965R PIN Williams, Bertha Marie (CP 130454) Lot 16-1-5 RSBC 2965R PIN Williams, Bertha Marie (CP 127998) Lot 16-1-6 RSBC 2965R PIN Williams, Bertha Marie (CP 130455) Lot 16-1-7 RSBC 2965R PIN Williams, Dorothy (Estate) (CP 127991) Lot 16-1-8 RSBC 2965R PIN Williams, Bertha Marie (CP 129925) Lot 16-2 RSBC PIN Williams, Bertha Marie (CP 129848) Lot CLSR PIN Williams, Dorothy (Estate) (CP 52468) Lot CLSR PIN Splockton, Joseph Jr. (Estate) (CP 9232) Lot 19-1 RSBC 3475R PIN Jacobs, John William (CP 140067) Lot 19-2 RSBC 3475R PIN Jacobs, Margaret Alice (CP 140068) Lot 20-5-2 RSBC 3116R PIN Gurniak, Clint Allan (CP 133852) Lot 20-6 RSBC PIN Gurniak, Clint Allan (CP 128925) Lot 21-1 CLSR PIN Baird, Edith Marilyn (CP 108219) Lot 21-2 CLSR PIN Eely, Gina Fern (CP 108241) & Cardinal, James Brian (CP 108226) & Cardinal, Renee Rosanne (CP 108242) (undivided 1/3 each) Lot 21-3 CLSR PIN Watson, Cynthia Ann (CP 108227) Lot 21-4 CLSR PIN Gurniak, Chrystalynn (CP 130408) Lot 21-5 CLSR PIN Legge, Tammy Faye (CP 108239) & Koller, Leileani Tina Monica (CP 108240) (undivided 1/2 each) Lot 21-6-2 RSBC 3413R PIN Joe, David James (CP 141951) & Joe, Marvin Andrew (CP 141950) (undivided 1/2 each) Lot 21-7 CLSR PIN Joe, David James (CP 108231) & Joe, Marvin Andrew (CP 108234) (undivided 1/2 each) Lot CLSR PIN Jacobs, Frederick Lewis (CP 6467) Lot 23-1 CLSR PIN Williams, Cory Russell (CP 119886) & Williams, Darren Benedict (CP 119885) (undivided 1/2 each) Lot 23-3 RSBC 3563R PIN Williams, Cory Russell (CP 142365) & Williams, Darren Benedict (CP 142366) (undivided 1/2 each) Lot 46-1-1 RSBC 2710R PIN Bak, Jason Daniel (CP 133461) Lot 46-1-3 RSBC 2710R PIN Bak, Andrew Simon (CP 133462) Lot 46-2-2 RSBC 3012R PIN Bak, Andrew Simon (CP 145881) Lot 46-2-3 RSBC 3012R PIN Bak, Fraeser Steven (CP 145882) Lot 46-3 RSBC 3143R PIN Bak, Andrew Simon (CP 145878) & Bak, Fraeser Steven (CP 145876) & Bak, Jason Daniel (CP 145877) (undivided 1/3 each) Lot 46-4 RSBC 3143R PIN Larden, Phyllis Shirley (CP 145883) Lot CLSR PIN Grann, Peter Clay PCL U CLSR PIN Joe, David James (CP 38766) PCL V CLSR PIN Joe, David James & Joe, Marvin Andrew [CP 30704 (joint tenants) & CP 31706 (undivided 1/2 each)] PCL W CLSR PIN Joe, David James & Joe, Marvin Andrew (CP 30703) (joint tenants) Private Road CLSR PIN Joe, David James (CP 101637) & Joe, Marvin Andrew (CP 101638) (undivided 1/2 each) 1 NETI – No Evidence of Title Issued CP – Certification of Possession APPENDIX D–2 List of Leases on Locatee Interests on the Former Tsawwassen Reserve Note: Information will be updated before the Effective Date Parcel Description and FNLRS Parcel Identification Number (PIN) Lessee(

s) Lease and Assignment FNLRS Number Term Mortgage(

s) FNLRS Number Lot 9-12-2 CLSR PIN and Road R/W Lot 9-12-3 CLSR PIN F440 Racing Challenge Ltd. 223073 April 1, 1994 to March 31, 2009 Lot CLSR PIN 902002129; Lot 9-12-1 CLSR PIN 902004859; and R/W shown on CLSR Splashdown Waterparks Inc. 98930 98932 90515 98931 215938 October 1, 1991 to September 30, 2016 LMA03828 Lot RSBC PIN Triple O Holdings Ltd. 112452 33853 262248 Month to Month 101188 Lot 46-3-1 RSBC 3857R PIN 902514466S BC Ltd. (Tsatsu Gas) LMA02351 July 1, 2004 to June 30, 2053 Portion Lot 7-6-1 CLSR PIN 902005372R Tale'Awtxw Aboriginal Capital Corporation 218771 219910 Month to Month FNLRS – First Nation Land Register System PART OF APPENDIX D–3 List of Public Utility Transmission and Distribution Works Rights of Way and Other Interests on Former Provincial Crown Lands Note: Information will be updated before the Effective Date Interest Holder Interest Location (Land Title Office Parcel Identifier) Land Title Office Document Reference Number British Columbia Hydro and Power Authority Transmission Line Statutory Right of Way 009-187-715 009-286-462 BW71193 British Columbia Hydro and Power Authority Transmission Line Statutory Right of Way 009-187-715 C69487 British Columbia Hydro and Power Authority Transmission Line Statutory Right of Way 009-187-715 009-286-462 009-189-459 J22376 British Columbia Hydro and Power Authority Transmission Line Statutory Right of Way 009-185-372 009-187-901 009-187-715 009-286-462 N26854 British Columbia Hydro and Power Authority Cable Landing Site Easement 006-677-711 009-188-011 C69484 Plan Corporation of Delta Dyke and Drainage Ditch Statutory Right of Way (Expiry Date: August 21, 2007) 009-185-372 009-187-901 009-187-715 006-677-711 011-827-891 BX378101 Plan Plan LMP49838 Plan LMP49486 Corporation of Delta Drainage Ditch and Telecommunications Equipment Statutory Right of Way (Expiry Date: August 21, 2007) 006-473-865 009-187-065 009-187-081 009-187-111 BX570387 Plan LMP44765 Corporation of Delta Drainage Ditch Statutory Right of Way (Expiry Date: August 21, 2007) 009-189-386 009-189-459 BX570388 Plan LMP44766 Corporation of Delta Dyke and Drainage Ditch Statutory Right of Way (Expiry Date: August 21, 2007) 009-188-266 BX570389 Plan LMP49838 Corporation of Delta Drainage Ditch Statutory Right of Way (Expiry Date: August 21, 2007) 009-187-715 009-286-462 BX570390 Plan LMP40545 Corporation of Delta Drainage Ditch Statutory Right of Way (Expiry Date: March 22, 2053) 009-189-386 009-189-459 009-189-513 BG332824 Plan PART OF APPENDIX D–3 List of Public Utility Transmission and Distribution Works Rights of Way and Other Interests on Former Tsawwassen Reserve Note: Information will be updated before the Effective Date Interest Holder Interest Location Document Reference Number British Columbia Hydro and Power Authority Transmission Line Right of Way DC1 and Cable Landing Site Lease (Expiry Date of Lease: 999 years from June 1, 1969) As per Plan CLSR as amended by Plan CLSR FNLRS 4 1833-32 and British Columbia Hydro and Power Authority Distribution Line Permit As per Plan CLSR M3683 and RSBC FNLRS 7572-248, 271724, 207238 and BCR 5 007-99/00 British Columbia Hydro and Power Authority Distribution Line Permit Extension of CLSR M3683 through Beach Lot Plan CLSR FNLRS 7574-248 British Columbia Hydro and Power Authority Distribution Line Permit Along Tsawwassen Drive South BCR 0058-97/98 British Columbia Hydro and Power Authority Distribution Line Permit Along Falcon Way, Raven Lane and Eagle Lane as per Drawing D412-D08-D284 BCR (20/Jan/89) British Columbia Hydro and Power Authority Distribution Line Permit Pacific Drive (Stahaken) Stahaken Developments Ltd.

Lease Terasen Gas Inc. Distribution Line Permit IR-016

(1994) Lots 9-12, 9-12-2, 9-12-3 CLSR as per Drawing A1-3384 BCR 0001-94/95 Terasen Gas Inc. Distribution Line Permit IR-026 & IR-037

(1982) Pacific Drive (Stahaken) Stahaken Developments Ltd. Lease Terasen Gas Inc. Distribution Line Permit IR-032

(1972) Beach Lots 27 & 28 CLSR as per Drawing CG0-2923-C FNLRS X10012 Terasen Gas Inc. Distribution Line Right of Way IR-033

(1968) Beach Lots 44 & 46 CLSR 50443, as per Drawing GCO-821-C FNLRS BCR (17/Oct/67) Terasen Gas Inc. Distribution Line Lease IR-050

(1996) Tsatsu Shores as per SHO Drawing BCR 0004-96/97 Terasen Gas Inc. Distribution Line Permit IR-065

(1998) Lot CLSR 50147, as per Drawing MCO-280166 BCR 0086-96/97 Terasen Gas Inc. Distribution Line Permit IR-094

(2000) Along Tsawwassen Drive, as per Drawing MCO-305532 BCR 0095-00/01 Telus Communications Inc. Distribution Line Permit As per Plan CLSR M3683 FNLRS 7572-248 Telus Communications Inc. Distribution Line Permit As per BC Tel Drawing CX-0-1150 (Stahaken) FNLRS BCR (22/May/85) Telus Communications Inc. Distribution Line Permit As per Drawing CC-2-13895 superceded by RSBC BCR (31/May/88) Telus Communications Inc. Distribution Line Permit As per Drawing CP-1-22075 BCR (21/May/96) Telus Communications Inc. Distribution Line Permit As per BC Tel Drawing CP-1-21896M BCR (23/Jul/96) Telus Communications Inc.

Distribution Line Permit As per BC Tel Drawing CP-1-2212 BCR (8/Aug/96) Telus Communications Inc. Distribution Line Permit As per BC Tel Drawing CP-1-19973 BCR 0052-97/98 (21/Dec/98) Telus Communications Inc. Distribution Line Permit As per BC Tel Drawing CP-40094A BCR 0011-9/2000 (9/Feb/99) Telus Communications Inc. Distribution Line Permit As per BC Tel Drawing CP-3-22466 BCR 0024-97/98 (8/Jul/97) Telus Communications Inc. Distribution Line Permit As per BC Tel Drawing CP-1-21917 Letter (22/Feb/96) Telus Communications Inc.

Distribution Line Permit As per BC Tel Drawing CP-2-40094A BCR (9/Feb/99) Delta Cable Communications Ltd.

Distribution Line Permit Along aerial and underground works owned by Telus, as per Delta Cable Drawing Support Structure Agreement with Telus Corporation of Delta Ditch, Pump Station and Licensed Radio Equipment Right of Way Intersection of Eagle Way and Tsawwassen Drive FNLRS 7560-247 Radio Licence #3043040 XLP 310 (Registered with Transport Canada) Corporation of Delta Storm Pipe Permit As per Plan CLSR FNLRS Corporation of Delta Water Line Permit As per Plan CLSR LTO 27682 (Stahaken) FNLRS 7573-248 and Corporation of Delta Drainage Easement As per LTO Plan 75032 (Stahaken) LTO AA127374 LTO AA127375 LTO AA127376 LTO AA127377 LTO AA127378 Corporation of Delta Drainage Easement As per LTO Plan 77167 (Stahaken) LTO AB030975 Corporation of Delta Drainage Easement As per LTO Plan 77168 (Stahaken) LTO AB030976 Corporation of Delta Entry Way Easement As per LTO Plan 65888 (Stahaken) LTO Y111998 LTO Y111999 Corporation of Delta Water Works Statutory Right of Way As per LTO Plan 64863 (Stahaken) LTO AA127370 Corporation of Delta Water, Sanitary Sewer and Drainage Statutory Right of Way As per LTO Plan 75031 (Stahaken) LTO AA127371 Corporation of Delta Sanitary Sewer Statutory Right of Way Lots 4, 5, 16, 17, 18 and CLSR and Lots to CLSR 77165 (Stahaken) LTO AA127372 Corporation of Delta Water, Sanitary Sewer and Drainage Statutory Right of Way As per LTO Plan 79357 (Stahaken) LTO AB206884 Corporation of Delta Storm Pipe Easement Beach Lots 39, 40, 45 and CLSR 50443 (Beach Lots) Plan CLSR Corporation of Delta Watermain Right of Way Lots and CLSR 50443 (Beach Lots) Plan CLSR Corporation of Delta Drainage Ditch Right of Way Lot 3-1-1 RSBC 2209; Lot 3-4 CLSR 76355; Lot 7-7 CLSR 76869; Lot 23-1 CLSR 74105; Lot 23-3 RSBC 3563R Plan CLSR Beach Lots 24, 25 and CLSR Access Easement Beach Lot CLSR FNLRS Beach Lots 24, 25, 26 and CLSR Access Easement Beach Lot CLSR FNLRS 306887 BC Ltd.

Access Easement (concrete footings, drain tiles and support) (Expiry Date: June 22, 2093) R4 RW Lot 161-2 CLSR as relates to Lot 161-1-1 CLSR 78840 (Tsatsu Shores) FNLRS and 245984 BC Ltd. Access Easement (services) (Expiry Date: June 22, 2093) Lot 16-2 CLSR as relates to Lot 161-1-1 CLSR 78840 (Tsatsu Shores) FNLRS and 245984 BC Ltd. Access Easement (landscaping and services) (Expiry Date: June 22, 2093) Lot 161-4 CLSR as relates to Lot 161-1-1 CLSR 78840 (Tsatsu Shores) FNLRS and 245984 BC Ltd.

Access Easement (services) Lot 161-1 less Lot 161-1-1 CLSR 78840 (Tsatsu Shores) FNLRS Tsatsu Development Corporation Access Easement (services) (Expiry Date: May 8, 2023) Lot 161-1-1 CLSR 78840 (Tsatsu Shores) FNLRS Tsatsu Shores Development Ltd.

Access Easement (boardwalk) (Expiry Date: May 8, 2023) R2 RW Lot 161-1-1 CLSR 78840 (Tsastu Shores) FNLRS Tsatsu Development Corporation Access Easement (boardwalk) (Expiry Date: May 8, 2023) R2 RW Lot 161-1-1 CLSR 74880 (Tsatsu Shores) FNLRS Crown (Canada) Access Easement (storm outfall and services) (Expiry Date: June 22, 2093) R1 RW Lot 161-1-1 CLSR 78840 (Tsatsu Shores) FNLRS Tsatsu Shores Development Ltd. Access Easement (services and support) Lot 161-1-1 CLSR 78841 (Tsatsu Shores) FNLRS Tsatsu Shores Development Ltd.

Access Easement (concrete footings, drain tiles and support) Lot 161-2 CLSR 78841 (Tsatsu Shores) FNLRS Tsatsu Shores Development Ltd. Access Easement (services) (Expiry Date: June 22, 2093) R1 RW Lot 161-1-1 CLSR 78841 (Tsatsu Shores) FNLRS Tsatsu Development Corporation Access Easement (services) Lot 161-1-1, 161-2 and 161-3 CLSR 78840 (Tsatsu Shores) Plan CLSR Tsatsu Shores Development Ltd. Access Easement Block "C" DL 797 (Tsatsu Shores) Tsatsu Shores Development Ltd. Access Easement (services) Block "C" DL 797 & DL 920 (Tsatsu Shores) Tsatsu Shores Development Ltd.

Access Easement (boardwalk) Block "C" DL 797 (Tsatsu Shores) Tsatsu Development Corporation Access Easement (boardwalk) Block "C" DL 797 (Tsatsu Shores) Tsatsu Shores Development Ltd.

Access Easement (storm outfall) Block "C" DL 797 (Tsatsu Shores) Tsawwassen First Nation Sewer Right of Way Lots 7-11 and 7-12 CLSR FNLRS Tsawwassen First Nation Sewer Right of Way Lot 9-1 CLSR FNLRS Tsawwassen First Nation Sewer Right of Way Lot 9-9 CLSR FNLRS Tsawwassen First Nation Sewer Right of Way Lot 9-10 CLSR FNLRS Tsawwassen First Nation Sewer Right of Way Lot 9-12 CLSR FNLRS Lot 7-13-6 RSBC 3034R Access Right of Way Agreement Lot 7-13-10 RSBC 3034R FNLRS Lot 7-13-8 RSBC 3034R Access Right of Way Agreement Lot 7-13-10 RSBC 3034R FNLRS Lot 7-13-9 RSBC 3034R Access Right of Way Agreement Lot 7-13-10 RSBC 3034R FNLRS Lot 10-1-1 CLSR Access Easement Lot 10-1-2 CLSR FNLRS Plan RSBC 3273R Lot 21-1 CLSR Access Right of Way Lot 21-4 CLSR Plan CLSR Lot 21-2 CLSR Access Right of Way Lots 21-1 and 21-4 CLSR Plan CLSR Lot 21-3 CLSR Access Right of Way Lots 21-1, 21-2, 21-4, 21-5 and 21-7 CLSR Plan CLSR Lot 21-4 CLSR Access Right of Way Lot 21-1 CLSR Plan CLSR Lot 21-5 CLSR Access Right of Way Lot 21-1, 21-2 and 21-4 CLSR Plan CLSR Lot 21-7 CLSR Access Right of Way Lots 21-1, 21-2, 21-3, 21-4 and 21-5 CLSR Plan CLSR Heirs of the Estate of Albert Joseph Jacobs Agreement of Heirs Beach Lots 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40, 44 and CLSR 50443; Beach Lots 41-1, 41-2 and 42-1 CLSR 51129; Beach Lot CLSR 73586; and Beach Lots and CLSR FNLRS 120482 FNLRS – First Nation Land Register System BCR – Band Council Resolution APPENDIX D–4 List of Beach Lot Interests Note: Information will be updated before the Effective Date.

Lot Number First Nation Land Register System (FNLRS) Parcel Identification Number Lease and Assignment FNLRS Number Mortgage(

s) FNLRS Number Beach Lot CLSR 50443 902001909 Beach Lot CLSR 50443 902001911 Beach Lot CLSR 50443 902001913 Beach Lot CLSR 50443 902001914 313639 299839 Beach Lot CLSR 50443 902001915 242107 290530 116231 242108 Beach Lot CLSR 50443 LMA02707 290547 251781 LMA02708 Beach Lot CLSR 50443 LMA03895 290543 Beach Lot CLSR 50443 LMA02642 290544 LMA02643 Beach Lot CLSR 50443 LMA03840 290542 LMA03883 Beach Lot CLSR 50443 902001926 283323 290502 LMA03169 LMA03176 Beach Lot CLSR 50443 902001927 283289 290504 LMA03733 Beach Lot CLSR 50443 LMA01539 290509 LMA03292 LMA03424 LMA03741 Beach Lot CLSR 50443 902001931 290511 LMA03821 Beach Lot CLSR 50443 LMA03195 290506 LMA03196 Beach Lot CLSR 50443 902001933 266238 290512 116252 Beach Lot 41-1 CLSR 51129 902001934 129586 290513 Beach Lot 41-2 CLSR 51129 LMA02988 290518 LMA02989 Beach Lot 42-1 CLSR 51129 902001941 255920 290518 Beach Lot CLSR 50443 LMA02854 Beach Lot CLSR 73586 902002578 314931 295122 290527 207239 116235 Beach Lot CLSR 50443 902002582 261615 290520 207241 127901 Beach Lot CLSR 79235 902001942 228313 252046 290514 116258 Beach Lot CLSR 79235 902001943 311093 Lot 45 (Road) CLSR 50443 298441 Lot 46 (Road) CLSR 50443 298441 Lot 165 (Road) CLSR 81794 PART OF APPENDIX D–5 List of Stahaken Interests – Phase I Note: Information will be updated before the Effective Date PHASE I – CLSR 68397 – LTO PLAN Lot # Land Title Office (LTO) Title Number LTO Parcel Identifier (PID) First Nation Land Register System (FNLRS) Parcel Identification Number (PIN) Head Lease LTO No.

FNLRS No. Assignment LTO No. FNLRS No. Mortgage LTO No. FNLRS No.

Lot Z96041E 001-828-002 Y83159 BG150150 Lot Z96042E 001-828-011 AA176774 AA176775 Lot Z96043E 001-282-029 Y83160 BP155833 BX502673 LMA02366 Lot Z96044E 001-828-037 Y83161 BK494877 LMA03173 BX494878 LMA03174 Lot Z96045E 001-828-045 Y83162 BK125267 BM273835 Lot Z96046E 001-492-781 Y83163 BV450087 BV450088 Lot A (Y49769) formerly Lots 56 & 57 Z96047E 001-492-772 902001862 & 902001864 Y83164 BL158735 Lot Z96048E 001-492-799 Y83165 BJ205157 BW57616 Lot Z96049E 001-492-811 Y83166 BT88939 BT88940 BW329293 LMA01936 BW329294 LMA01937 Lot Z96050E 001-828-053 Y83167 AA16443 Lot ZZ96051E 001-828-061 Y83168 BK372504 BX259668 LMA02985 BV317290 Lot Z96052E 001-828-070 Y83169 BX592778 AA169096 BL115622 Lot Z96053E 001-828-088 Y83170 BP149569 BP149570 BX402536 LMA02286 Lot Z96054E 001-828-096 Y83171 BL370880 Lot Z96055E 001-828-100 Y83172 BL266624 BT17149 Lot Z96056E 001-282-118 Y83173 AA196498 LMA02415 BX430300 LMA02563 Lot Z96057E 001-828-126 Y83174 AA17965 Lot Z96058E 001-828-134 Y83175 BV400585 Lot Z96059E 001-828-142 Y83176 A BL273467 Lot Z96060E 001-828-151 Y83177 BE70105 BW284684 LMA01742 Lot Z96061E 001-828-169 Y83178 AC272191 BE145428 Lot Z96062E 001-828-177 Y83179 BT227160 BT227161 Lot Z96063E 001-828-185 Y83180 AA226740 Lot Z96064E 001-828-193 Y83181 BR38628 Lot Z96050E 001-828-207 Y83182 BJ334185 BJ334186 BW183919 Lot Z96066E 001-828-215 Y83183 AC104873 BT282276 Lot Z96067E 001-828-223 Y83184 BV341866 BV341867 Lot Z96068E 001-828-231 Y83185 Y186148 BV111685 Lot Z96069E 001-828-240 Y83186 BF385938 Lot Z96070E 001-828-258 Y83187 BG386006 BG386007 Lot Z96071E 001-828-266 Y83188 BR216986 Z145373 Lot Z96072E 001-828-274 Y83189 BM154699 Lot Z96073 001-828-282 Y83190 Z16981 PART OF APPENDIX D–5 List of Stahaken Interests – Phase II Note: Information will be updated before the Effective Date.

PHASE II – CLSR 71091 – LTO PLAN Lot # Land Title Office (LTO) Title Number LTO Parcel Identifier (PID) First Nation Land Register System (FNLRS) Parcel Identification Number (PIN) Head Lease LTO No. FNLRS No. Assignment LTO No. FNLRS No. Mortgage LTO No. FNLRS No.

Lot AA147766 008-001-642 AA127337 BP47095 BV206258 Lot AA147767 008-001-651 AA127338 BL147957 BL147958 BL147959 Lot AA147768 008-001-669 AA127339 BV134372 Lot AA147769 008-001-677 AA127340 AA144999 BL380730 Lot AA147770 008-001-685 AA127341 BR184869 BT60090 Lot AA147771 008-001-693 AA127342 BV373044 BV373045 Lot AA147772 008-001-707 AA127343 BG278987 BG278989 Lot AA147773 008-001-715 AA127344 BF235441 Lot AA147774 008-001-723 AA127345 BV422780 Lot AA147775 008-001-731 AA127346 BK304567 Lot AA147776 008-001-740 AA127347 BT339980 BT339981 Lot AA147777 008-001-758 AA127348 LMA03253 BX580775 BX580776 LMA03254 Lot AA147778 008-001-766 AA127349 BV334530 BV334531 Lot AA147779 008-001-774 AA127350 BK99155 Lot AA147780 008-001-782 AA127351 BH9391 BW65191 Lot AA147781 008-001-791 AA127352 BL49746 Lot AA147782 008-001-804 AA127353 BF244904 Lot AA147783 008-001-812 AA127354 BV012369 Lot AA147784 008-001-821 AA127355 AA195956 Lot AA147785 008-001-839 AA127356 BW415670 LMA02171 BW415671 LMA02172 Lot AA147786 008-001-847 AA127357 BJ242694 BJ242695 Lot AA147787 008-001-855 AA127358 BN205758 Lot AA147788 008-001-863 AA127359 AD11587 AD112911 Lot AA147789 008-001-871 AA127360 BM120349 BV296811 CA119208 LMA03422 Lot AA147790 008-001-880 AA127361 BH204537 BL318882 Lot AA147791 008-001-898 AA127362 AC120597 Lot AA147792 008-001-901 AA127363 BT317487 Lot AA147793 008-001-910 AA127364 AC130957 Lot AA147794 008-001-928 AA127365 BK115951 BJ65505 Lot AA47795 008-001-936 AA127366 A176623 Lot AA147796 008-001-944 AA127367 BX314585 LMA02489 BX314586 Lot AA147797 008-001-952 AA127368 BV237474 PART OF APPENDIX D–5 List of Stahaken Interests – Phase III Note: Information will be updated before the Effective Date PHASE III – CLSR 71545 – LTO PLAN Lot # Land Title Office (LTO) Title Number LTO Parcel Identifier (PID) First Nation Land Register System (FNLRS) Parcel Identification Number (PIN) Head Lease LTO No.

FNLRS No. Assignment LTO No. FNLRS No. Mortgage LTO No. FNLRS No.

Lot AB30945 010-197-397 AB30978 BX124167 LMA02524 BX124168 Lot AB30946 010-197-419 AB30979 BR131911 Lot AB30947 010-197-435 AB30980 BN2176 Lot AB30948 010-197-451 AB30981 BX329551 LMA02705 BX329552 LMA02706 Lot AB30949 010-197-460 AB30981 BJ207707 Lot AB30950 010-197-486 AB30983 AC90372 BJ392147 BV511297 Lot AB30951 001-197-516 AB30984 BW74318 LMA01395 BW322188 LMA01999 Lot AB30952 010-197-532 AB30985 AB240352 AB240353 Lot AB30953 010-197-567 AB30986 AC325950 BF7035 Lot AB30954 010-197-591 AB30987 BR2279 BW352295 LMA01862 BL366532 Lot AB30955 010-197-702 AB30988 BH347853 Lot AB30956 010-197-711 AB30989 BN223669 BN223670 Lot AB30957 010-197-729 AB30990 AB87248 AB87249 AB87250 Lot AB30958 010-197-737 AB30991 BV352356 Lot AB30959 010-197-745 AB30992 BP225314 BP225315 Lot AB30960 010-197-753 AB30993 BW249900 LMA01797 BV56975 BV56976 Lot AB30961 001-197-761 AB30994 AB155233 AB155234 Lot AB30962 010-197-788 AB30995 BH74103 BR317901 BR317902 Lot AB30963 010-197-818 AB30996 BT2687 BT2688 Lot AB30964 010-197-826 AB30997 BW224377 LMA01741 Lot AB30965 010-197-842 AB30998 119546 1988-01-11 BJ223804 BP144585 Lot AB30966 010-197-851 AB30999 BJ280487 BJ280489 BA156483 Lot AB30967 010-197-869 AB31000 BT401784 Lot AB30968 010-197-877 AB31001 BV16319 BT61262 BT61263 Lot AB30969 010-197-893 AB31002 BW157272 LMA01537 BW157273 LMA01538 Lot AB30970 010-197-907 AB31003 BN328321 Lot AB30971 010-197-923 AB31004 BV83200 APPENDIX D–6 Tsatsu Shores Interests Note: Information will be updated before the Effective Date.

The legal structure for each lot is as follows: 1. Head Lease (dated November 1, 1994) between Canada and Tsatsu Development Corporation was registered under FNLRS 6 for Lot 161-1 CLSR 76530. 2. An Assignment of Head Lease (dated January 25, 1995) was issued by Tsatsu Development Corporation to Tsatsu Shores Development Ltd. and registered under FNLRS for Lot 161-1 CLSR 76530. 3. On July 19, 1996, Lot 161-1 was resurveyed into Lot 161-1-1 and Lot 161-1-2 CLSR 78840. 4. On July 24, 1996, Lot 161-1-1 was divided into individual units by CLSR 78854.

The parcel description of each unit is "Unit [number] within Lot 161-1-1 CLSR 78854". 5. Subleases (dated July 30, 1996) for the units were issued by Tsatsu Shores Development Ltd to BC Ltd. 6. Assignments of the Subleases were issued by BC Ltd. to the first or current owner of the units. 6 FNLRS – First Nation Land Register System Unit Number FNLRS Parcel Identification Number Sublease and Assignment FNLRS Number Shareholder Agreement FNLRS Number Mortgage(

s) FNLRS Number 1 902008444 LMA01362 LMA02796 2 902008474 245117 245960 286015 311295 3 902008475 245118 255623 LMA03744 4 902008476 245119 298869 286011 298870 5 902008469 245109 253391 286010 6 902008470 245111 LMA03356 7 902008471 LMA01698 LMA01699 8 902008466 LMA02211 LMA01279 248093 9 902008467 245105 290580 10 902008454 245081 260891 LMA02368 11 902008456 245086 246844 246845 12 902008457 245088 245836 LMA01405 13 902008459 245091 254649 14 902008460 LMA02607 15 902008462 245095 246842 285992 246843 16 902008463 LMA02407 17 902008464 245100 245835 285991 18 902008515 LMA02799 301220 19 902008516 245208 286295 286296 20 902008517 245209 264743 286000 312951 21 902008518 245211 312625 285999 262257 22 902008519 245213 271037 285996 271036 23 902008520 245214 280225 280227 24 902008521 245216 247344 286002 25 902008522 245217 247842 286072 26 902008478 245121 298305 298307 27 902008479 245122 252821 LMA02581 28 902008483 245130 255855 286074 29 902008484 LMA03693 30 902008485 245132 259409 LMA02487 31 902008486 LMA01874 LMA01875 32 902008487 245134 264246 286078 312525 33 902008488 245136 301821 304856 34 902008489 245137 307665 307667 35 902008490 245139 304882 36 902008491 245140 260347 286085 293746 37 902008492 LMA03934 38 902008537 245237 257277 39 902008538 245238 296402 286061 259392 40 902008539 245239 247341 286063 247342 41 902008535 245235 257270 286064 257272 42 902008536 245236 306685 306687 43 902008540 LMA02650 44 902008541 245242 266106 286067 266107 45 902008542 245244 264231 286068 264323 46 902008543 245246 294581 294583 47 902008544 LMA01363 LMA02797 LMA01498 48 902008545 245250 312672 313204 49 902008546 245251 308838 308842 50 902008547 LMA01755 LMA01756 51 902008548 245258 300188 52 902008549 245259 299599 29960 53 902008550 245260 255773 LMA02936 54 902008553 245265 253026 286033 55 902008554 245267 246856 LMA03158 56 902008555 245268 314356 57 902008557 245271 245826 286030 58 902008560 245275 245822 286029 59 902008562 245277 262540 286051 60 902008563 245280 256199 286049 256201 61 902008564 245284 298252 298253 62 902008565 245284 301282 301283 63 902008551 245262 245812 286043 64 902008552 245264 283800 283801 65 90208556 245270 310828 310829 66 902008558 245272 309013 67 902008559 LMA01961 LMA01962 68 902008561 245276 264654 286243 264656 69 902008493 245149 272795 286020 272796 70 902008494 245151 245952 286019 312159 71 902008496 245154 245964 286018 72 902008497 245154 291905 291908 73 902008498 LMA02367 286004 295183 74 902008499 245156 279974 286035 296275 75 902008550 245157 246965 286060 76 902008502 245165 256111 286057 77 902008523 245219 264940 286042 298323 78 902008524 245220 247806 286041 79 902008525 245221 266108 286039 80 902008528 245227 LMA02798 81 902008529 245228 246838 286037 246839 314357 82 902008530 245229 263008 LMA03255 83 902008531 245230 LMA02984 286054 252938 84 902008532 245231 272231 286052 272232 309475 85 902008533 245232 292725 293040 86 902008534 245233 315764 APPENDIX D–7 List of Leases on Former Provincial Crown Lands Note: Information will be updated before the Effective Date Lease No.

Parcel Description (Lease) Expiration Date That portion of the SW 1/4 of Sec TWP having frontage of chains on the North Boundary and 28.5 chains on the East Boundary of the said Quarter NWD August 31, 2007 Part of the SW of

Section Township August 31, 2007 Lot D SW

Section Township NWD Plan August 31, 2007 Parcel C (Ref Plan 6995) Except Firstly: Parcel 2 (Ref Plan 7634) and Secondly: Parcel 3 (Ref Plan 9694) District Lot 183, Group 2, NWD August 31, 2007 Parcel One (Ref Plan 6994) Parcel A, District Lot 183, Group 2, Except Firstly: Part subdivided by PL 28898, Secondly: Parcel C (Ref Plan 30741), Thirdly: Parcels A and B (PL 38001), Fourthly: Parcel D (PL 42153), Fifthly: PL NWD August 31, 2007 Lot 3, Except Part dedicated road on Plan LMP 40488, District Lot 108, Group 2, NWD, Plan March 31, 2007 That portion of the SW 1/4

Section 15, Township Lying North of Highway Plan NWD March 31, 2007 The NW 1/4 of

Section Township 5, NWD (save and except a portion of about 200'x250') January 31, 2007 1060 (40 chains x 28.55 chains) of SW 1/4

Section Twp S&E Firstly: portion of NE corner 900'x270', Secondly: strip N-S 100'x1800' and a shed and cabin at 4820-28th Ave adjacent and East of aforementioned strip as shown in sketch B March 31, 2008 The North Half of Parcel B (Ref. Plan 4554) of the Southwest quarter,

Section 22, Township 5, NWD, being all that portion lying north of a straight line bisecting the east and west boundaries thereof, except part subdivided by Plan 23543. March 31, 2008 The southerly half of Parcel B (Ref. Plan 4554) of the SW 1/4 of

section 22, Township 5, NWD and being all that portion lying south of a straight line bisecting the east and west boundaries January 31, 2008 Parcel C, District Lot 107, Group 2, Plan 52551F, Except a acre portion with buildings situated thereon, having a civic address of 4440-28 Ave March 31, 2009 Parcel A (Ref Plan 4632) of Lot 107, Group NWD., Except: Part subdivided by PL also Save and Except portion of the NE corner of the premises have a frontage of 372' on 27B Ave. and being approximately 315' deep, occupied by Wideski, 4790 – 27B St.

March 31, 2007 Lot B (Expl PL 5633) District Lot Group NWD and Lot District Lot 183, NWD PL March 31, 2007 Parcel A (Ref Plan 7741) of Lot of District Lot and Group 2, Plan 3033, NWD (Except: the southerly ft shown on Plan with bylaw filed 40665) March 31, 2007 R66 – Lot B of Lot 185, Group 2, Plan 17089, NWD; R54 – Parcel 1 (Ref Plan of Parcel A of Lot 183, Group 2, except: Firstly: part subdivided by Plan and Secondly: Parcel C (Ref Plan 30741) NWD, also S&E those portions now occupied by railways, public roads, private access roads, the fenced site of BC Hydro's Terminal Station and the land between the Railway and 28th Ave but the vegetable storage building and access to it are not excluded from the agreement.

The private access road to the residence and its site known as Deltaport Way and its occupants are excluded; R51 – Parcel 3 (Ref Plan 9694) of Lot 183, Group NWD Except: part subdivided by Plan of Parcel 2, Ref Plan 7637; R52 – Parcel C (Ref Plan 6995) of Lot 183, Group 2, Except: Firstly: Parcel 2, (Ref Plan 7637) thereof and Secondly: Parcel 3 (Ref Plan 9694) thereof, NWD Save and Except: the dwelling with a civic address of 2625-41B Street and its site of approx 120'x100'; R56 – Parcel 2 (Ref Plan 7637) of DL 183, Group 2, Except: part subdivided by Plan NWD, Save and Except: the site with a civic address of 2825-41B Street of approximately 50'x150' (building demolished); and R057-58 – Lots and of Lot 183, Group 2, Plan 19032, NWD March 31, 2007 Lot of District Lot Group Plan 839, NWD Except: Firstly: Parcel D (Plan 38001) and Secondly: dwelling and its site of 150' x 225' and access thereto, with the dwelling having a civic address of 2981-41B St.

Delta March 31, 2007 A portion of the SW 1/4 of

Section 22, Township 5, NWD August 31, 2007 Part of Parcel C (Plan with fee deposited 52551F) District Lot 107, Group 2, NWD August 31, 2006 Lot District Lot Group Plan 20071, NWD August 31, 2007 Lot District Lot 108, Group Plan NWD August 31, 2007 A strip running in a North-South direction being about 100' wide with a depth of about 1600' with the 100' frontage on 28th Ave., and a shed adjacent to the said strip; the strip and shed are located on the SW 1/4 of

Section March 31, 2007 A portion of Parcel A (Ref Plan 4632) District Lot Group NWD Except Plan May 31, 2007 Lot Parcel District Lot Group 2, Plan NWD August 31, 2007 APPENDIX D–8 Applicable Form of Document Evidencing Interests in Appendix D–1 DRAFT NEW WESTMINSTER LAND TITLE OFFICE TITLE NO.: BN1234A APPLICATION FOR REGISTRATION RECEIVED ON: 22 JUNE, 2006 ENTERED ON: 22 JUNE, 2006 REGISTERED OWNER IN FEE SIMPLE: JOHN DOE, MEMBER OF TSAWWASSEN FIRST NATION (address) TAXATION AUTHORITY: TSAWASSEN FIRST NATION DESCRIPTION OF LAND: PARCEL IDENTIFIER: 123-123-123 LOT DISTRICT LOT GROUP NEW WESTMINSTER DISTRICT PLAN LEGAL NOTATIONS: TRANSFER OF THIS FEE SIMPLE MAY BE RESTRICTED IN ACCORDANCE WITH

SECTION X OF THE LAND TITLE ACT AND TSAWWASSEN FIRST NATION LAW CHARGES, LIENS AND INTERESTS: NATURE OF CHARGE CHARGE NUMBER DATE TIME STATUORY RIGHT OF WAY AB123456 2002-04-25 14:38 REGISTERED OWNER OF CHARGE: TERASEN GAS LTD. AB12345 REMARKS: INTER ALIA "CAUTION – CHARGES MAY NOT APPEAR IN ORDER OF PRIORITY, SEE

SECTION 28, L.T.A." DUPLICATE INDEFEASIBLE TITLE: NONE OUTSTANDING TRANSFERS: NONE PENDING APPLICATIONS: NONE CORRECTIONS: NONE APPENDIX D–9 Document 1 – Anode Bed Right of Way Agreement (Corporation of Delta) LAND TITLE ACT FORM C (Section 233) Province of British Columbia GENERAL INSTRUMENT –

PART 1 (This area for Land Title Office use) pages 1. APPLICATION: (Name, address, phone number and signature of applicant, applicant's solicitor or agent) 2. PARCEL IDENTIFIER AND LEGAL DESCRIPTION OF LAND:* (PID) (LEGAL DESCRIPTION) see

schedule 3. NATURE OF INTEREST:* DESCRIPTION DOCUMENT REFERENCE PERSON (Page and paragraph) ENTITLED TO INTEREST RIGHT OF WAY TRANSFEREE 4. TERMS: Part of this instrument consists of (select one only) (

a) Filed Standard Charge Terms D.F. No. (

b) Express Charge Terms x Annexed as

Part 2 (

c) Release There is no Part of this instrument A selection of (

a) includes any additional or modified terms referred to in Item or in a

schedule annexed to this instrument. If (

c) is selected, the charge described in Item is released or discharged as a charge on the land described in Item 2. 5. TRANSFEROR(S):* TSAWWASSEN FIRST NATION 6. TRANSFEREE(S): (including postal address(es) and postal code(s)) THE CORPORATION OF DELTA, 4500 CLARENCE TAYLOR CRESCENT, DELTA, BRITISH COLUMBIA, V4K 3E2 7. ADDITIONAL OR MODIFIED TERMS:* N/A 8. EXECUTION(S): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(

s) described in Item and the Transferor(

s) and every other signatory agree to be bound by this instrument, and acknowledge(

s) receipt of a true copy of the filed standard charge terms, if any: Execution Date Officer Signature(s) ______________________________ (as to all signatures) Y M D Party(ies) Signature(

s) TSAWWASSEN FIRST NATION by its authorized signatory(ies) __________________________ Name: __________________________ Name: Execution Date Officer Signature(s) ______________________________ (as to all signatures) Y M D Party(ies) Signature(

s) THE CORPORATION OF DELTA by its authorized signatory(ies) __________________________ Name: __________________________ Name: Officer Certification: Your Signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act , R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part of the Land Title Act as they pertain to the execution of this instrument. * If space insufficient, enter "SEE SCHEDULE" and attach

schedule in Form E. LAND TITLE ACT FORM E

SCHEDULE Enter the Required Information in the Same Order as the Information Must Appear on the Freehold Transfer Form, Mortgage Form or General Document Form. 2. Parcel Identifier(

s) and Legal Descriptions of Land TERMS OF INSTRUMENT – PART THIS AGREEMENT made [month, day, year] BETWEEN: [ Tsawwassen First Nation ] (the "Transferor") AND: [ Corporation of Delta ] (the "Transferee")

WHEREAS A. The Transferor is the registered owner of that certain parcel or tract of land and premises known and described as follows: INSERT LEGAL DESCRIPTION (hereinafter called the "Lands") B.

Section of the Land Title Act , R.S.B.C. 1996, c. 250 enables the Transferor to grant in favour of the Transferee an easement without a dominant tenement to be known as a Statutory Right of Way; C. The Transferee desires to obtain from the Transferor a Statutory Right of Way to construct certain Works on, over and under the hereinafter described portion of the Lands; D. The Statutory Right of Way herein granted is necessary for the operation and maintenance of the Transferee's undertaking. 1.0

DEFINITIONS 1.1 In these terms of instrument and the pages attached hereto (either before or after this page), which together comprise the document (herein the "Document"): (a) "Agreement" means and includes the covenants, agreements and executions contained in the Document; (b) "Transferee" means the Corporation of Delta and is named as the Transferee in Item of the attached Form C; (c) "Transferor" means the Tsawwassen First Nation and is named as the Transferor in Item of the attached Form C; (d) "Works" means an anode bed situated on and under the Lands; 2.0 GRANT 2.1 The Transferor hereby grants to the Transferee the full, free and uninterrupted right, licence, liberty, privilege, easement and right of way in common with the Transferor over those portions of the Lands (which portions are collectively called the "Statutory Right of Way") which are shown outlined in heavy black on Explanatory Plan No. [number] filed concurrently with this Agreement, a reduced copy of which plan is attached to this Agreement as

Schedule A: (

a) to enter over, on, in, and under the Statutory Right of Way for the purposes of using, constructing, operating, removing, replacing, reconstructing, repairing and safeguarding thereon an anode bed; (

b) to bring on to the Statutory Right of Way all materials and equipment the Transferee requires or desires for the Works; (

c) to clear the Statutory Right of Way and keep it clear of anything which in the opinion of the Transferee constitutes or may constitute an obstruction to the use of the Statutory Right of Way or to the Works; (

d) to cross over the Lands for reasonable access to the Statutory Right of Way and make reasonable ancillary use of the Lands for carrying out the Works; and (

e) to do all acts which in the opinion of the Transferee are incidental to the foregoing. 3.0 DURATION 3.1 The duration of the Right of Way and the rights herein granted shall be for a term of for so long as required commencing on [Effective Date] (herein called the "Commencement Date") unless cancelled in accordance with the terms hereof. 4.0 RESTRICTION OF RIGHT OF WAY 4.1 The Transferee acknowledges and agrees that the Right of Way over the Lands will be exercised only over those portions shown outlined in bold on the Statutory Right of Way Plan attached as

Schedule "A"; 4.2 This Agreement shall not entitle the Transferee to exclusive possession of the Right of Way and the Transferor reserves the right to grant other dispositions of the Right of Way, or any part of it, for the purposes of public utilities, roads, water, sewer and drainage pipe systems, or any other purpose, so long as the grant does not materially affect or interfere with the exercise of the Transferee's rights hereunder. 4.3 If a dispute should arise as to whether a subsequent disposition materially affects or interferes with the exercise of the Transferee's rights hereunder then the dispute shall be referred to dispute resolution pursuant to sections 12.1 to 12.5 of this Agreement. 5.0 RELOCATION OF THE WORKS 5.1 If the Transferor for any reason whatsoever wishes to relocate the Works to a New Location (the "New Location") it shall provide 180 days written notice to the Transferee of its intention to do so. 5.2 The New Location must be of sufficient size to accommodate the Works and be equally suitable for the purposes of the Transferee. 5.3 The Transferor will pay for any reasonable costs of moving the Works to the New Location.

As full compensation for all other costs, expenses and damages that the Transferee may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to dispute resolution pursuant to sections 12.1 to 12.5. 5.4 The Parties will do all acts and execute all required documents, including a new or amended statutory right of way plan, to give effect to the New Location. 5.5 All other terms and condition of this Agreement will apply to the New Location for the balance of the original term. 6.0 COVENANTS OF THE TRANSFEREE 6.1 The Transferee covenants with the Transferor: (

a) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of the Transferee which relate to the Works (herein called "Realty Taxes"), and which the Transferee is liable to pay; (

b) to pay when due all charges for electricity, gas, water and other utilities supplied to the Lands for use by, on behalf of or with the permission of the Transferee; (

c) to pay all accounts and expenses as they become due for work performed on or materials supplied to the Statutory Right of Way at the request, on the behalf or with the permission of the Transferee, except for money that the Transferee is required to hold back under the Builders Lien Act; (

d) if any claim of lien over the Lands is made under the Builders Lien Act for work performed on or materials supplied to the Statutory Right of Way at the request, on the behalf or with the permission of the Transferee, the Transferee shall immediately take all steps necessary to have the lien discharged, unless the claim of lien is being contested in good faith by the Transferee and the Transferee has taken the steps necessary to ensure that the claim of lien will not subject the Lands or any interest of the Transferee under this Agreement to sale or forfeiture; (

e) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority in any way affecting the Statutory Right of Way and the Works; (

f) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the portions of the Statutory Right of Way or do or suffer to be done thereon anything that may be or become a nuisance or annoyance to the Transferor, except to the extent required by the Transferee acting reasonably, to exercise its rights under this Agreement; (

g) to take all reasonable steps and precautions to minimize the disturbance of any archaeological material discovered by the Transferee on the Lands and to immediately notify the Transferor; (

h) not to bury debris or rubbish of any kind on the Lands in excavations or backfill, and to remove shoring and similar temporary structures as backfilling proceeds; (

i) to deliver to the Transferor from time to time, upon demand, proof of insurance provided for in subsection 6.1 (

p) and receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Transferee required to be observed by the Transferee pursuant to this Agreement; (

j) to indemnify and save the Transferor harmless from and against all losses, damages, costs and liabilities including fees of solicitors and other professional advisors arising out of: (

i) any breach, violation or non-performance by the Transferee of any of the Transferee's covenants, conditions or obligations under this Agreement, or (ii) any act or omission on the part of the Transferee in respect of or in relation to its Works including the construction, maintenance, operation or decommissioning or removal of its Works; (

k) to keep the Statutory Right of Way in a safe, clean and sanitary condition to the extent the condition relates to the use or occupation of the Lands by the Transferee, and on written notice from the Transferor, rectify any failure to comply with such a covenant by making the Statutory Right of Way or any portion of the Lands or any Works thereon safe, clean and sanitary; (

l) to permit the Transferor, or his authorized representative to enter upon the Statutory Right of Way at any time to examine its condition; (

m) to use and occupy the Statutory Right of Way in accordance with the provisions of this Agreement; (

n) exercise care not to damage the Lands or any improvements on the Lands and if the Transferee should cause any such damage, restore such damaged Lands or improvements thereon to as close to their pre-damaged condition as is reasonably practical with reasonable dispatch or where the Transferee deems restoration to be impractical, reimburse the Transferor for all damage the Transferee has caused but not restored; (

o) on the expiration or at the earlier cancellation of this Agreement, (

i) to quit peaceably and deliver possession of the Statutory Right of Way to the Transferor; (ii) to restore the Lands and Statutory Right of Way used by the Transferee to the reasonable satisfaction of the Transferor; and (iii) to remove the Works and all buildings, machinery, apparatus, plant equipment, fixtures and other improvements to or things on the Statutory Right of Way from the Lands within 90 days, and any of the aforesaid improvements and things that remain thereafter shall be absolutely forfeited to and become the property of the Transferor; and to the extent necessary, this covenant shall survive the expiration or cancellation of this Agreement; (

p) to effect and keep in force during the term of this agreement, insurance protecting the Transferor and the Transferee (without any rights of cross-claim or subrogation against the Transferor) against any claims for personal injury, death, property damage or third party, or public liability claims arising from any accident or occurrence on the Lands to an amount not less than ONE MILLION DOLLARS ($1,000,000.00) except that so long as the Transferee is The Corporation of Delta, the Transferor will waive the requirements of this subsection on the delivery to the Transferor of confirmation that the Transferee is self-insured; (

q) notwithstanding subsection 6.1 (p), the Transferor may from time to time notify the Transferee that the amount of insurance posted by the Transferee pursuant to that subsection be changed and the Transferee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection 6.1 (

p) to be changed to the amount specified by the Transferor acting reasonably, in the notice and deliver to the Transferor written confirmation of the change, except that when the Transferee is self-insuring this subsection shall not apply; and (

i) not to interfere with the rights of any other person to enter on and use the Statutory Right of Way and Lands under a prior or subsequent disposition granted by the Transferor so long as such use does not materially affect or interfere with the exercise of the Transferee's rights under this Agreement. 7.0 ASSIGNMENT 7.1 The Transferee shall not assign this Agreement or the interest of the Transferee in it or grant a license to occupy any part of the Lands without the prior written consent of the Transferor, which consent shall not be unreasonably withheld. 7.2 Notwithstanding

section 7.1, the Transferee may, without the prior written consent of the Transferor: 7.3 assign its interest in all or a part of the Lands to another local governmental authority; or 7.4 sublicense its interest in all or part of the Lands to a Federal, Provincial or other governmental agency or department. 8.0 CANCELLATION 8.1 Should the Transferee omit, fail or neglect to carry out one of its obligations contained in this Agreement or do some act contrary to its obligations contained in this Agreement or otherwise breaches this agreement: (

a) the Transferor shall provide notice of such breach in writing to the Transferee; and (

b) the Transferee shall within thirty days of the receipt of notice or such longer period of time to which the parties may mutually agree, remedy the breach; and (

c) if the breach is not remedied within thirty days or such further time as mutually agreed, then the Transferor may at its option either (

i) cancel this Agreement and, notwithstanding subsection 6.1 (o), the Works shall be forfeited to and become, the property of the Transferor, or (ii) enter onto the Lands and rectify such default to the extent considered necessary by it and the cost of doing so shall be a debt due and owing to the Transferor by the Transferee with interest to accrue at the prime rate of [bank] as of the date of the notice. 8.2 If this Agreement is taken in execution or attachment by any person, or the Transferee commits

an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Transferor may, on 90 days written notice to the Transferee, cancel this Agreement and the rights herein granted. 8.3 If the Transferee ceases to use the Statutory Right of Way for the purposes permitted herein and the Transferee does not recommence its use of the Statutory Right of Way within 180 days of receipt of written notice from the Transferor, the Transferor may immediately cancel this Agreement and the rights herein granted. 8.4 The rights of the Transferor under sections 9.1 to 9.4 shall survive the expiration or earlier cancellation of this Agreement. 9.0 SECURITY 9.1 The security in the sum of $1.00 and all rights, privileges, benefits and interests accruing thereto delivered by the Transferee to the Transferor (herein called the "Security") to guarantee the performance of the Transferee's obligations under this Agreement shall be maintained in effect until such time as the Transferor certifies in writing that such obligations have been fully performed.

So long as the Transferee is The Corporation of Delta or other local governmental authority, the Transferor will waive the requirement of this section. 9.2 In the event the Transferee should default in the performance of any of its obligations hereunder, it shall be lawful for the Transferor, in its sole discretion, to sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Transferor. 9.3 The rights of the Transferor under this

section shall be deemed to continue in full force and effect notwithstanding the expiration or cancellation of this Agreement. 9.4 Notwithstanding any amount of Security stated to be required under

section 9.1 the Transferor may from time to time by notice to the Transferee, demand the amount to be changed to that specified in a notice and the Transferee shall, within 60 days of such notice change the Security to that specified and provide the Transferor with evidence of the change, except that while Security is waived under

section 9.1, this

section shall not apply. 10.0 NOTICE 10.1 Where service of a notice or a document is required under this Agreement, the notice or document shall be in writing and shall be forwarded to the addresses for the Transferor and the Transferee specified on the first page of this Agreement. 10.2 If any question arises as to the date on which such notice or document was communicated to any party, it will be deemed to have been given: (

a) on the next business day if it is delivered personally, or sent by courier or by fax; or (

b) on the eighth day after its deposit in a Canada Post office at any place in Canada, if sent by registered mail. 10.3 If there is a disruption in mail services caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received. 10.4 Either party may, by notice in writing to the other, specify another address for service of notices under this Agreement and where another address is specified under this section, notices shall be delivered or mailed to that address in accordance with this section. 11.0 MISCELLANEOUS 11.1 A breach of any term, condition, covenant or other provision herein may only be waived in writing and any such waiver shall not be construed as or constitute a waiver of any further or other breach.

Consent or approval of any act where consent or approval is required under this Agreement, shall not be construed as consent to or approval of any subsequent similar act. 11.2 No remedy set out in this Agreement is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute. 11.3 The terms and provisions of this Agreement shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns. 11.4 Time is of the essence in this Agreement. 12.0 DISPUTE RESOLUTION 12.1 In this section, dispute means any dispute arising out of or in connection with this Agreement. 12.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations. 12.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct mediation under its mediation rules of procedure. 12.4 If a dispute is not settled within 30 days of the appointment of the mediator or any further period of time agreed to by the parties, the parties may, by agreement, submit the dispute to a single arbitrator for final arbitration in accordance with the arbitration rules of procedure of the BCICAC. 12.5 If the parties fail to agree to submit the dispute to arbitration under

section 12.4, or the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, either party may commence proceedings in relation to the dispute in any court of competent jurisdiction. 13.0

INTERPRETATION 13.1 In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation. 13.2 The captions and headings contained in this Agreement are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein. 13.3 Where in this Agreement there is a reference to an enactment of the Province of British Columbia or of Canada, that reference shall include a reference to any subsequent enactment of like effect, and unless the context otherwise requires all statutes referred to herein are enactments of the Province of British Columbia. 13.4 If any

section of this Agreement or any part of a

section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts or sections, as the case may be, shall not be affected thereby and shall be enforceable to the fullest extent permitted by law. 14.0 IT IS MUTUALLY UNDERSTOOD, AGREED AND DECLARED by and between the Parties hereto that (

a) the covenants herein contained shall be covenants running with the Lands, and (

b) none of the covenants herein contained shall be personal or binding upon the parties hereto SAVE AND EXCEPT during the Transferor's ownership of the Lands but that the Lands shall, during the term of this agreement nevertheless, be and remain at all times charged therewith. 15.0 AND THAT, save as aforesaid, nothing in these presents shall be interpreted so as to restrict or prevent the Transferor from using the Statutory Right of Way in any manner that does not interfere with functioning and access to the Works. 16.0 AND THAT nothing herein contained shall be deemed to authorize the Transferee to construct, install or maintain any other a public works or utilities, other than the Works, in the Statutory Right of Way. 17.0 The expressions "Transferor" and "Transferee" herein contained shall be deemed to include the executors, administrators, successors and assigns of such parties wherever the context or the Parties hereto so require. 18.0 This indenture shall enure to the benefit of and be binding upon the Parties hereto, their executors, administrators, successors and permitted assigns respectively. 19.0 IN WITNESS THEREOF the Agreement contained in the Document has been executed on one or more pages of the Document.

SCHEDULE "A" Statutory Right of Way Plan Document 2 – Public Access Right of Way Agreement (British Columbia) LAND TITLE ACT FORM C (Section 233) Province of British Columbia GENERAL INSTRUMENT –

schedule 3. NATURE OF INTEREST: DESCRIPTION DOCUMENT REFERENCE PERSON (Page and paragraph) ENTITLED TO INTEREST STATUTORY RIGHT OF WAY TRANSFEREE 4. TERMS: Part of this instrument consists of (select one only) (

a) Filed Standard Charge Terms D.F. No. (

b) Express Charge Terms x Annexed as

Part 2 (

c) Release There is no Part of this instrument A selection of (

a) includes any additional or modified terms referred to in Item or in a

schedule annexed to this instrument. If (

c) is selected, the charge described in Item is released or discharged as a charge on the land described in Item 2. 5. TRANSFEROR(S): TSAWWASSEN FIRST NATION 6. TRANSFEREE(S): (including postal address(es) and postal code(s)) HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by THE MINISTER OF ● 7. ADDITIONAL OR MODIFIED TERMS:* N/A 8. EXECUTION(S): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(

s) described in Item and the Transferor(

s) and every other signatory agree to be bound by this instrument, and acknowledge(

s) receipt of a true copy of the filed standard charge terms, if any: Execution Date Officer Signature(s) ______________________________ (as to all signatures) Y M D Party(ies) Signature(

s) HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA , as represented by THE MINISTER OF ● by its authorized signatory(ies) __________________________ Name: __________________________ Name: Officer Certification: Your Signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act , R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part of the Land Title Act as they pertain to the execution of this instrument. * If space insufficient, enter "SEE SCHEDULE" and attach

schedule in Form E. LAND TITLE ACT FORM E

SCHEDULE Enter the Required Information in the Same Order as the Information Must Appear on the Freehold Transfer Form, Mortgage Form or General Document Form. 2. Parcel Identifier(

s) and Legal Descriptions of Land TERMS OF INSTRUMENT – PART WITNESS THAT

WHEREAS the Transferor has agreed to grant to the Transferee a statutory right of way over that parcel of land described in item of Part of this instrument (hereinafter referred to as the "Land") for the purpose of public access to the dike on the Land for which the Transferor is the Diking Authority; AND

WHEREAS the statutory right of way herein granted is necessary for the operation and maintenance of the Transferee's undertaking;

NOW THEREFORE, for valuable consideration and the covenants of the Transferee, the parties agree as follows: 1.0 Grant of Statutory Right of Way 1.1 The Transferor, on the terms set forth herein, hereby grants to the Transferee, in perpetuity, the non-exclusive statutory right of way (herein called the "Right of Way" ) over the Land for the Transferee, its licensees, agents, employees, invitees and permittees (including the general public) between dawn and dusk at their will and pleasure to: (

a) enter, go, be, return, pass and repass on, over, through and along the Land by foot, for access to and use of the Land, for recreational activity purposes; and (

b) do all acts or things necessary or incidental to the foregoing; to have and to hold unto the Transferee, from and after the date of this Agreement, unless and until discharged by the Transferee in accordance with

section 1.2, provided that nothing in this Agreement grants to the Transferee, its licensees, agents, employees, invitees and permittees (including the general public) the right to construct any improvements or destroy any vegetation in or on the Land. 1.2 All of the rights, licences, liberties, privileges, easements and statutory rights of way granted in this Agreement will exist and continue in perpetuity unless and until discharged by the Transferee. 1.3 The rights, licences, liberties, privileges, easements, statutory rights of way and covenants in this Agreement will run with and bind the Land, in perpetuity. 2.0 Restriction of Right of Way 2.1 The Transferee acknowledges and agrees that the Right of Way over the Land set forth in

section 1.1 will be exercised only over those portions of the Land shown outlined in bold on the sketch plan attached as

Schedule "A" ("Right of Way Area"), and the Transferee will not otherwise exercise or otherwise attempt to exercise its Right of Way over the Land under

section 1.1. 2.2 The Right of Way granted by

section 1.1 will be subject to the right of the Transferor to: (

a) use the Right of Way Area in a manner that does not disrupt or interfere with the Transferee, its licensees, agents, employees, invitees and permittees (including the general public) in the exercise of rights under this Agreement; and (

b) restrict access to the Right of Way Area on a temporary basis from time to time as may be reasonably required for the maintenance and operation of the dike. 3.0 Covenants of the Transferor 3.1 The Transferor covenants with the Transferee that, subject to

section 2.2: (

a) the Transferee shall and may peaceably enjoy and hold the rights granted in this Agreement without interruption, disturbance, molestation or hindrance whatsoever from the Transferor or any other person lawfully claiming from or under the Transferor; (

b) the Transferor will not permit or make, place, erect, operate, use or maintain any building, structure, foundation, pavement, excavation, well, pile of material, obstruction, equipment, thing or inflammable substance, or plant any growth upon the Right of Way Area, if any such action or thing, in the reasonable opinion of the Transferee: (

i) may obstruct access to the Right of Way Area or any part thereof by those authorized by the Transferee; or (ii) may by its operation, use, maintenance or existence on the Right of Way Area create or increase any hazard to persons or property in relation to the Right of Way Area. 4.0 Notices 4.1 Where service of a notice or a document is required under this Agreement, the notice or document shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Transferor and the Transferee, as the case may be, at the addresses specified for each on the first page of this Agreement, and where service is by registered mail the notice or document shall be conclusively deemed to be served on the eighth day after its deposit in a Canada Post office at any place in Canada.

If there is a disruption in mail services caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received. 4.2 Either party may, by notice in writing to the other, specify another address for service of notices under this Agreement and where another address is specified under this section, notices shall be mailed to that address in accordance with this section. 5.0 Miscellaneous 5.1 A breach of any term, condition, covenant or other provision herein may only be waived in writing and any such waiver shall not be construed as or constitute a waiver of any further or other breach.

Consent or approval of any act where consent or approval is required under this Agreement, shall not be construed as consent to or approval of any subsequent similar act. 5.2 The terms and provisions of this Agreement shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns. 5.3 Time is of the essence in this Agreement. 6.0

Interpretation 6.1 In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation. 6.2 The captions and headings contained in this Agreement are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein. 6.3 Where in this Agreement there is a reference to an enactment of the Province of British Columbia or of Canada, that reference shall include a reference to any subsequent enactment of like effect, and unless the context otherwise requires all statutes referred to herein are enactments of the Province of British Columbia. 6.4 If any

section of this Agreement or any part of a

SCHEDULE "A" Sketch Plan showing Location of the Right of Way Area Document 3 – Transmission Right of Way Agreement (British Columbia Hydro and Power Authority) Land Title Act Form C (Section 233) Province of British Columbia GENERAL INSTRUMENT –

PART 1 (This area for Land Title Office use) pages 1. Application: (Name, address, phone number and signature of applicant, applicant's solicitor or agent) 2. Parcel Identifier and Legal Description of Land: (PID) (LEGAL DESCRIPTION) 3. Nature of Interest:* DESCRIPTION DOCUMENT REFERENCE PERSON (Page and paragraph) ENTITLED TO INTEREST RIGHT OF WAY TRANSFEREE 4. Terms: Part of this instrument consists of (select one only) (

a) Filed Standard Charge Terms D.F. No. (

b) Express Charge Terms x Annexed as

Part 2 (

c) Release There is no Part of this instrument A selection of (

a) includes any additional or modified terms referred to in Item or in a

schedule annexed to this instrument. If (

c) is selected, the charge described in Item is released or discharged as a charge on the land described in Item 2. 5. Transferor(S): TSAWWASSEN FIRST NATION 6. Transferee(s): (including occupation(s), postal address(es) and postal code(s)) BRITISH COLUMBIA HYDRO AND POWER AUTHORITY, 8th Floor - 333 Dunsmuir Street, Vancouver, BC, V6B 5R3 7. ADDITIONAL OR MODIFIED TERMS:* 8. Execution(S): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(

s) described in Item and the Transferor(

s) and every other signatory agree to be bound by this instrument, and acknowledge(

s) receipt of a true copy of the filed standard charge terms, if any: Execution Date Officer Signature(

s) Y M D Party(ies) Signature(

s) Officer Certification: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act , R.S.B.C. 1979, c. 116, to take affidavits for use in British Columbia and certifies the matters set out in Part of the Land Title Act as they pertain to the execution of this instrument. * If space insufficient, enter "SEE SCHEDULE" and attach

schedule in Form E. ** If space insufficient, continue executions on additional page(

s) in Form D. TRANSMISSION RIGHT OF WAY This Agreement is made as of __________________________, 200__________, Between: Tsawwassen First Nation North Tsawwassen Drive, Delta, BC, V4M 4G2 (the "Grantor") And: British Columbia Hydro and Power Authority , a corporation continued under the Hydro and Power Authority Act , R.S.B.C. 1996, c.212 ("Hydro")

WHEREAS: A. The Grantor, Canada and British Columbia have entered into a Final Agreement as hereinafter defined. B. In accordance with the Final Agreement, the Grantor wishes to provide the grants, as herein provided, to Hydro with respect to the Grantor's Lands as hereinafter defined,

NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the premises and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties, the parties hereto covenant and agree as follows: 1.0

Definitions 1.1 In this Agreement: (

a) Access Improvements has the meaning ascribed to it in subparagraph 2.1 (c) (v) (A); (

b) Affiliate has the meaning ascribed it in the Business Corporations Act , S.B.C. 2002, c. 57, as amended or replaced from time to time; (

c) Area of the Works means the Right of Way Area and those portions of the Lands located within metres on both sides of the Right of Way Area; (

d) Agreement means this Agreement and all schedules attached to it; (

e) Effective Date means the date upon which the Final Agreement will take effect; (

f) Environment means all the components of the earth including, without limitation, all layers of the atmosphere, air, land (including, without limitation, all underground spaces and cavities and all lands submerged under water), soil, water (including, without limitation, surface and underground water), organic and inorganic matter and living organisms, the interacting natural systems that include the foregoing and all other external conditions or influences under which humans, animals and plants live or are developed; (

g) Excluded Right of Way Areas means any right of way area or corridor that is not part of the Lands but in whole or in part passes through the Lands or is adjacent to such Lands; (

h) Final Agreement means the Tsawwassen First Nation Final Agreement among the Grantor, Canada and British Columbia; (

i) Lands means the lands and premises as are legally described in

Schedule "A" and as are shown in

Schedule "B", which are both attached to this Agreement; (

j) Right of Way Area means those portions of the Lands described in

Schedule "C" attached to this Agreement, as they may be modified under this Agreement; and (

k) Works means all things and components, using any type of technology from time to time, necessary or convenient for the purposes of distributing and/or transmitting electricity, telecommunications or communications by any method or process whatsoever, including poles, towers, antennae (except for monopole free standing antennae), anchors, guy wires, brackets, cross arms, insulators, foundations, overhead and underground conductors, wires, lines, cables and transformers, underground conduits and pipes, access nodes, cabinets all ancillary appliances and fittings, reasonably required associated protective installations, and related works such as fencing for safety or security, devices and identifying colours for aircraft warning, and utility services for the operation of any of the foregoing. 1.2 With respect to any obligation on the part of Hydro under this Agreement, any reference to Hydro includes its respective servants, officers, employees, agents, contractors, sub-contractors, invitees, licensees, successors, permitted assigns, and those for whom Hydro is responsible in law. 2.0 Rights Related to Right of Way Area 2.1 The Grantor grants over the Lands to Hydro and its employees, representatives, contractors, agents, licensees, successors and assigns for so long as required the uninterrupted right, liberty and right of way to: (

a) use the Right of Way Area as follows: (

i) excavate for, construct, install, erect, abandon, replace, extend, upgrade, operate, maintain, remove and repair the Works on, over, under, across and through the Right of Way Area; and (ii) clear the Right of Way Area and keep it cleared (including removal or pruning) of any vegetation, including without limitation trees, at any time located therein; and (

b) use the Area of the Works as follows: (

i) enter, work, inspect, pass and repass upon, on, and along the Area of the Works; (ii) construct, maintain, repair, replace and use trails, roads, lanes, and bridges on the Area of the Works including in addition any portions reasonably required adjacent to the Area of the Works for the sake of continuity, with or without equipment, machinery and materials to such extent as may reasonably be required by Hydro in relation to this Agreement; (iii) clear the Area of the Works and keep it cleared of all or any part of any obstruction, improvement or other matter which, in the reasonable opinion of Hydro might interfere with or endanger the Works, disrupt service to Hydro's customers, or pose a hazard to persons or property in relation to the Works; and (iv) clear the Area of the Works and keep it cleared (including removal or pruning) of all or any part of any vegetation, including without limitation trees, which do or might, in the reasonable opinion of Hydro interfere with or endanger the Works, disrupt service to Hydro's customers, or pose a hazard to persons or property in relation to the Works; (

c) to enjoy further rights as follows: (

i) Hydro may, cut vegetation, including without limitation trees, outside the Area of the Works, if in the opinion of Hydro such vegetation and/or trees, might interfere with or endanger the Works (whether on or off the Lands) or pose a hazard to persons or property in relation to the Works.

Hydro will, except in an emergency, give the Grantor written notice prior to exercising its rights under this subsection; (ii) Hydro may install, maintain and use gates in all fences which are now, or hereafter shall be on the Right of Way Area, and in fences affecting access to the Area of the Works; (iii) Hydro may ground any structures, installation or things, by whomsoever owned, from time to time situated anywhere on the Right of Way Area or adjacent Lands where, in the reasonable opinion of Hydro, such grounding will eliminate or reduce hazard to persons or property in relation to the Works; (iv) Hydro may pass and repass over, and maintain, repair, replace and use all trails, roads, lanes, and bridges on the Lands outside the Area of the Works with or without equipment, machinery and materials to such extent as may reasonably be required by Hydro in relation to this Agreement; (

v) where there are no suitable trails, roads, lanes, or bridges under paragraph 2.1 (c) (iv), Hydro may either: A. construct, maintain, repair, replace, use, pass and repass over trails, roads, lanes, and bridges on the Lands, (collectively referred to as "Access Improvements"); or B. pass and repass over the Lands elsewhere than on trails, roads, lanes, and bridges, with or without equipment, machinery and materials to such extent as may reasonably be required by Hydro in relation to this Agreement, subject to approval of the route by the Grantor, such approval not to be unreasonably withheld, conditioned or delayed, provided that in the case of an emergency or reasonably apprehended emergency Hydro does not require the prior approval of the Grantor under this subsection but will report to the Grantor the purpose and extent of the access as soon as practicable; (vi) to conduct vegetation management upon the Area of the Works, such as the planting of vegetation compatible with the undertakings of Hydro, and the application of pesticides on the Lands; and (vii) Hydro may enter onto the Lands outside the Area of the Works for the purpose of undertaking works to protect any Works located within the Lands or within the Excluded Right of Way Areas or to protect persons or property that may be at risk from such Works, provided that: A.

Hydro will before commencing such works deliver to the Grantor for approval a written work plan describing the proposed work on the Lands; B. the Grantor will not unreasonably withhold, condition or delay approval of such work plan, and shall take into consideration the effect of the proposed work, the cost of the proposed work compared to the cost of alternate solutions and the extent of the risk of not undertaking the work.

If Hydro and the Grantor, each acting reasonably, cannot agree on a work plan requested by Hydro within 30 days of receipt by the Grantor of the proposed work plan, then either party may refer the disagreement to dispute resolution under

section 14.1 of this Agreement; C.

Hydro will pay compensation for any damage to the Lands resulting from the implementation of the work plan; D. in the case of an emergency or reasonably apprehended emergency Hydro may, without the approval of the Grantor, undertake works and take such steps on the Lands as are reasonably required to be taken immediately in order to protect the Works, or to protect persons or property that may be at risk from the Works, and in that event Hydro will as soon as reasonably possible thereafter notify the Grantor; and E. generally, do all such other acts or things as may reasonably be necessary or incidental to the business of Hydro in connection with any of the foregoing. 3.0 Right of Way Area 3.1 The parties acknowledge that they have made reasonable efforts to identify all the existing Works and related Right of Way Area as of the date of this Agreement.

However, as there may still be some Works that were missed in the identification process the parties agree that for such Works the Grantor grants to Hydro for so long as required, a right of way over those portions of the Lands upon which such Works are located on the following terms: (

a) for such Works, Hydro holds the same rights, privileges and obligations as apply to Hydro for the use of the Right of Way Area and the Area of the Works under this Agreement, including the right of reasonable access over the Lands for the purpose of gaining access to such Works; and (

b) the Grantor may at any time require Hydro to attach a revised survey plan to this Agreement to include those additional portions of the Lands. 4.0 Non-Exclusive Use 4.1 This Agreement will not entitle Hydro to exclusive possession of the Hydro Right of Way Area or other parts of the Lands and the Grantor reserves the right to grant other dispositions of any Lands affected by this Agreement, so long as the grant does not materially affect or interfere with the exercise of Hydro's rights under this Agreement. 5.0 Protection of the Environment 5.1 Hydro will undertake activities permitted under this Agreement having regard for the impact on the Environment, and will take prudent measures to minimize the danger or disruption to the Environment. 6.0 Covenants of Hydro 6.1 Hydro covenants separately with the Grantor that: (

a) Hydro shall pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of Hydro which relate to the Works and which Hydro is liable to pay; (

b) Hydro shall keep the portions of the Lands used by Hydro under this Agreement in a safe, clean and sanitary condition to the extent the condition relates to the use or occupation of the Lands by Hydro, and on written notice from the Grantor, to make safe, clean, and sanitary any portion of them that contravene the provisions of this covenant, provided that Hydro has no obligation to keep any portion of the Lands suitable for use by anyone except Hydro; (

c) Hydro shall bury and maintain all underground works as may be required so as not to unduly interfere with the drainage of the Lands; (

d) Hydro shall take all reasonable steps and precautions to minimize disturbance of any archaeological material discovered by Hydro on the Right of Way Area, and to immediately notify the Grantor; (

e) Hydro shall not bury debris or rubbish of any kind on the Lands in excavations or backfill, and to remove shoring and similar temporary structures as backfilling proceeds; (

f) Hydro shall not commit or suffer any wilful or voluntary waste, spoil or destruction on the Right of Way Area, or do or suffer to be done thereon anything that may be or become a nuisance or annoyance to the Grantor, except to the extent required by Hydro acting reasonably, to exercise its rights under this Agreement; and (

g) Hydro shall permit the Grantor to enter upon the Right of Way Area at any time to examine its condition. 7.0 Work Plans 7.1 Except in the case of an emergency or reasonably apprehended emergency, Hydro will provide to the Grantor a written work plan describing the proposed work located on, outside or related to the Right of Way Area prior to undertaking any of the following work under this Agreement: (

a) construction of any new Works; (

b) relocation of any Works; and (

c) construction or relocation of any Access Improvements. In accordance with this

section 7.1, prior to undertaking any work, Hydro will deliver a copy of the work plan to the Grantor for comment by the Grantor.

The Grantor will no more than thirty (30) days after receiving the work plan, provide to Hydro in writing any comments that it may have, and Hydro will use reasonable efforts to accommodate any suggestions or requests presented by the Grantor to Hydro provided they do not result in delays, increased costs or technical difficulties. 8.0 Relocation of Works Due to Change 8.1 If a material change occurs to the Lands, such as erosion, which for any reason makes the continued use of any portion of the Right of Way Area or the Excluded Right of Way Area unsuitable for any of the Works, then the Grantor will consent to the relocation and replacement of such Works to a new location on the Lands, as follows: (

a) Hydro will before undertaking any work, deliver a work plan to the Grantor indicating the contemplated relocation of the Works for approval by the Grantor, which approval will not be unreasonably withheld, delayed or conditioned; (

b) Hydro will take into account any likely material effect of the relocated Works on adjacent lands, and the Grantor will take into account the cost efficiencies of the location selected by Hydro for the relocated Works in relation to alternative locations; (

c) the relocated Works will be covered by the terms and conditions of this Agreement; and (

d) if Works are relocated from the Excluded Right of Way Area to the Lands Hydro will pay the Grantor the fair market value of the new Right of Way Area provided the Grantor has not caused any portion of such Excluded Right of Way Area to become unsuitable for any of the Works. 9.0 Relocation of Works at the Request of the Grantor 9.1 If the Grantor requires a portion of the Right of Way Area for other purposes, then upon written request by the Grantor, Hydro will relocate any Works in the Right of Way Area to a new location on the Lands, provided that: (

a) the new location is, in the reasonable opinion of Hydro, suitable for use for the relocated Works considering construction, maintenance and operation, and cost factors; (

b) the Grantor gives Hydro reasonable notice to permit proper design, planning and construction of the Works to be relocated; (

c) the Grantor agrees to pay all reasonable costs and expenses, including costs of design, supervision and construction (before any relocation, the Grantor will pay the costs and expenses as estimated by Hydro, with appropriate adjustments based on actuals after the relocation is complete); and (

d) the rights, liberties and rights of way under this Agreement will extend to the relocated Works and associated areas. 10.0 Removal of Works 10.1 If Hydro no longer requires all or a portion of the Right of Way Area, then Hydro shall, in respect of such Right of Way Area: (

a) quit peaceably such Right of Way Area; (

b) remove any Access Improvements no longer required in relation to such Right of Way Area; (

c) remove all above ground Works from such Right of Way Area within a reasonable period of time and any Works remaining on that portion of the Right of Way Area will be absolutely forfeited to and become the property of the Grantor. If the Grantor removes any remaining above ground Works within four (4) years, Hydro will, on demand by the Grantor, reimburse the Grantor for all reasonable costs of removal; and (

d) remain liable for any environmental damage to the Lands arising from any below ground Works that remain on or in such Right of Way Area, except if the Grantor uses or authorizes the use of any of the remaining below ground Works for any purpose then Hydro will not be liable for any environmental damage caused by the Grantor's use, or authorized use; and to the extent necessary, this covenant will survive the termination of this Agreement. 11.0 Covenants of the Grantor 11.1 The Grantor covenants with Hydro that: (

a) Hydro shall and may peaceably enjoy and hold its rights under this Agreement without interruption, disturbance, molestation or hindrance whatsoever from the Grantor or any other person lawfully claiming from or under the Grantor, provided however that nothing in this subsection 11.1 (

a) shall limit the Grantor's right of inspection pursuant to subsection 6.1 (g); (

b) the Grantor will not permit or make, place, erect, operate, use or maintain any building, structure, foundation, pavement, excavation, well, fill, pile of material, obstruction, equipment, thing or inflammable substance, or plant any vegetation upon the Area of the Works, if any such action or thing, in the reasonable opinion of Hydro: (

i) may interfere with or endanger the Works or any part thereof or the installation, operation, maintenance, removal or replacement of the Works or any part thereof; (ii) may obstruct access to the Works or any part thereof by those authorized by Hydro; or (iii) may by its operation, use, maintenance or existence on the Area of the Works, create or increase any hazard to persons or property in relation to the Works; (

c) the Grantor will not diminish or increase the ground elevation in the Right of Way Area by any method, including piling any material or creating any excavation, drain, or ditch in the Right of Way Area, unless permission in writing from Hydro has first been received, which permission will not be unreasonably withheld, conditioned or delayed; (

d) the Grantor will not carry out blasting or aerial logging operations on or adjacent to the Area of the Works without prior written permission from Hydro, which permission will not be unreasonably withheld, conditioned or delayed; (

e) the Grantor will not use or authorize the use of the portions of the Right of Way Area for the regular, or organized parking of vehicles without the prior written permission from Hydro, which permission will not be unreasonably withheld, conditioned or delayed, provided that nothing in this subsection is intended to prevent safe temporary parking of vehicles; (

f) the Grantor will not park, or authorize to be parked on the Right of Way Area any vehicle or equipment if the parking of such vehicle does not comply with the requirements of the Canadian Standards Association's Canadian Electrical Code, as may be amended from time to time; and (

g) the Grantor will not use, or authorize the use of the Right of Way Area for fuelling any vehicle or equipment. 12.0 Compensation for Damages 12.1 Subject to the rights granted in this Agreement, Hydro covenants with the Grantor that if Hydro or its contractors, damage any structures, buildings, fixtures, improvements, or chattels outside of the Area of the Works, or damage any crops, merchantable timber, livestock, drains, ditches, culverts, fences, trails, bridges, or roads on the Lands, and such damage is not caused as a result of the Grantor's breach of the terms of this Agreement or the negligence or willful act of the Grantor or its contractors, agents or permittees, that Hydro will: (

a) compensate the Grantor for such damages, to the extent caused by Hydro; or (

b) within a reasonable period of time, repair in a good and workman-like manner any damaged structure, building or improvement, as closely as is practicable to its condition immediately prior to the damage. 12.2 Compensation paid to the Grantor for merchantable timber pursuant to section. 12.1 will be in accordance with generally accepted principles of timber valuation and the parties agree that on payment, title to any timber cut on the Lands under this Agreement will vest in Hydro. 13.0 Indemnity 13.1 Hydro will save harmless and indemnify the Grantor from and against all claims, demands, actions, suits or other legal proceedings by whomsoever made or brought against the Grantor by reason of or arising out of: (

a) any breach, violation or non-performance by Hydro of any of Hydro's covenants, conditions or obligations under this Agreement; and (

b) any act or omission on the part of Hydro in respect of or in relation to its Works including the construction, maintenance, operation or decommissioning of its Works, but only to the extent any such matter is found to be the responsibility of Hydro and was not contributed to by the negligence of, or breach, violation or non-performance by, the Grantor or those for whom the Grantor is responsible at law, and not for any matters based on nuisance or the rule in Rylands v. Fletcher unless Hydro was negligent. 14.0 Dispute Resolution 14.1 Any dispute arising out of or in connection with this Agreement will be resolved as follows: (

a) the parties will attempt to resolve disputes by negotiations, including timely disclosure of all relevant facts, information and documents; (

b) either party may, at any time, by written notice request that the dispute be referred to mediation, conducted by a mediator, knowledgeable about the matters in dispute; (

c) if the dispute is not resolved within thirty (30) days of the notice to mediate under subsection (

b) or any further period of time agreed to by the parties, then, on the agreement of the parties, the dispute may be referred to a single arbitrator for final resolution in accordance with the provisions of the British Columbia Commercial Arbitration Act .

If the parties do not agree to arbitration, then any party may refer the matter to a court of competent jurisdiction; except that it is not incompatible with this subsection for a party to apply to a court of competent jurisdiction at any time for interim or conservatory relief and for the court to grant that relief. 15.0 Runs With the Land 15.1 This Agreement runs with and binds the Lands to the extent necessary to give full force and effect to this Agreement. 16.0 Notice 16.1 Whenever it is required or permitted that notice or demand be given by any party to the other, the same will be in writing and will be forwarded to the following addresses: To the Grantor: Tsawwassen First Nation North Tsawwassen Drive Delta, BC V4M 4G2 Attn: Fax: (604) 943-9226 To Hydro: Manager, Properties B.C.

Hydro 8th Floor - 333 Dunsmuir Street Vancouver, British Columbia V6B 5R3 Fax: (604) 623-3951 16.2 If any question arises as to the date on which such notice was communicated to any party, it will be deemed to have been given on the earlier of: (

a) if it was delivered personally or by courier, on the next business day; (

b) if it was sent by fax, on the next business day; or (

c) if it was sent by mail, on the sixth day after the notice was mailed. In the event of postal disruption or an anticipated postal disruption, notices may not be given by mail. 16.3 A change of address by any party may be given to the others in accordance with this provision. 17.0 General 17.1 A breach of any term, condition, covenant or other provision of this Agreement may only be waived in writing, and any waiver will not be construed as a waiver of any subsequent breach.

Consent to or approval of any act, where consent or approval is required under this Agreement, will not be construed as consent to or approval of any subsequent act. 17.2 No remedy set out in this Agreement is exclusive of any other remedy provided by law, but will be in addition to any other remedy existing at law, in equity, or by statute. 17.3 The terms and provisions of this Agreement will extend to, be binding upon and enure to the benefit of the parties and their respective successors and permitted assigns. 17.4 Each party to this Agreement may register this Agreement in any land registry system established or used by the Grantor for lands within its jurisdiction.

At the request of any party to this Agreement, both parties will cooperate in executing any documents or plans required to accomplish the registration of this Agreement and to preserve the substance and priority of this Agreement in relation to those portions of the Lands affected by this Agreement. 17.5 Hydro may grant licences respecting its rights under this Agreement to anyone, in whole or in part, without the prior written consent of the Grantor provided that no licence will act as a release of any of Hydro's obligations set out in this Agreement. 17.6 The parties acknowledge that, pursuant to agreements designated under the Transmission Corporation Act , British Columbia Transmission Corporation ("BCTC") is responsible for management and maintenance of Hydro's transmission system, and accordingly BCTC may exercise discretion conferred upon Hydro and discharge obligations assumed by Hydro under this Agreement. 17.7 A delegate appointed by the Grantor may provide Hydro with all commentary, authorizations and approvals required pursuant to this Agreement including without limitation, all commentary, authorizations or approvals required in relation to work plans, approval of access routes, and relocations or replacements of any Works as contemplated in this Agreement. 17.8 This Agreement may not be amended except by written agreement signed by all parties to this Agreement. 18.0

Interpretation 18.1 In this Agreement: (

a) all attached schedules form an integral part of this Agreement; (

b) the headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of this Agreement; (

c) a reference to "party" or "parties" in this Agreement is a reference to Grantor or Hydro, or both, as the context requires; and (

d) if any provision is determined by a court or arbitrator of competent jurisdiction to be illegal or unenforceable, that provision will be considered separate and severable, and the legality or enforceability of the remaining provisions will not be affected by that determination.

IN WITNESS WHEREOF the parties have duly executed this Agreement, as of the date first referred to above. British Columbia Hydro and Power Authority by its authorized signatory: Signature:_____________________________ Name (Printed):________________________ Title:_________________________________ Tsawwassen First Nation , by its authorized signatory Signature:_____________________________ Name (Printed):________________________ Title:_________________________________

SCHEDULE "A" Legal description of Lands

SCHEDULE "B" Surveyed Plan of Lands

SCHEDULE "C" Surveyed Plan of Right of Way Areas Document 4 – Distribution Right of Way Agreement (British Columbia Hydro and Power Authority and Telus Communications Inc.) Land Title Act Land Title Act Form C (Section 233) Province of British Columbia GENERAL INSTRUMENT –

PART 1 (This area for Land Title Office use) pages 1. Application: (Name, address, phone number and signature of applicant, applicant's solicitor or agent) 2. Parcel Identifier and Legal Description of Land: (PID) (Legal Description) 3. Nature of Interest:* Description Document Reference Person (page and paragraph) Entitled to Interest RIGHT OF WAY TRANSFEREE 4. Terms: Part of this instrument consists of (select one only) (

a) Filed Standard Charge Terms D.F. No. (

b) Express Charge Terms x Annexed as

Part 2 (

c) Release There is no Part of this instrument A selection of (

a) includes any additional or modified terms referred to in Item or in a

schedule annexed to this instrument. If (

c) is selected, the charge described in Item is released or discharged as a charge on the land described in Item 2. 5. Transferor(s): TSAWWASSEN FIRST NATION 6. Transferee(s): (including occupation(s), postal address(es) and postal code(s)) BRITISH COLUMBIA HYDRO AND POWER AUTHORITY, 8th Floor - 333 Dunsmuir Street, Vancouver, BC, V6B 5R3 and TELUS COMMUNICATIONS INC. 7. Additional or Modified Terms:* 8. Execution(s): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(

s) described in Item and the Transferor(

s) and every other signatory agree to be bound by this instrument, and acknowledge(

s) receipt of a true copy of the filed standard charge terms, if any: Execution Date Officer Signature(

s) Y M D Party(ies) Signature(

s) Officer Certification: Your Signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1979, c. 116, to take affidavits for use in British Columbia and certifies the matters set out in Part of the Land Title Act as they pertain to the execution of this instrument. * If space insufficient, enter "SEE SCHEDULE" and attach

schedule in Form E. ** If space insufficient, continue executions on additional page(

s) in Form D. DISTRIBUTION RIGHT OF WAY This Agreement is made as of __________________________, 200__________, Among: Tsawwassen First Nation North Tsawwassen Drive, Delta, BC, V4M 4G2 (the "Grantor") And: British Columbia Hydro and Power Authority , a corporation continued under the Hydro and Power Authority Act , R.S.B.C. 1996, c.212 ("Hydro") And: TELUS Communications Inc. , a corporation incorporated under the laws of Canada ("TELUS")

WHEREAS: A. The Grantor, Canada and British Columbia have entered into a Final Agreement as hereinafter defined. B. In accordance with the Final Agreement, the Grantor wishes to provide the grants, as herein provided, to each of Hydro and TELUS with respect to the Grantor's Lands as hereinafter defined,

Definitions 1.1 In this Agreement: (a) "Affiliate" will have the meaning ascribed to it in the Business Corporations Act , S.B.C. 2002, c. 57, as amended or replaced from time to time and, in the case of TELUS, includes an affiliate (as defined in that Act) of TELUS and any partnership or other unincorporated association in which TELUS or any affiliate (as defined in that Act) of TELUS has a controlling interest; (b) "Agreement" means this Right of Way Agreement and all schedules attached to it; (c) "Area of the Works" means those portions of the Lands located within six (6) metres of either side of the center of the alignment of the Works and includes the Right of Way Area; (d) "Effective Date" means the date upon which the Final Agreement will take effect; (e) "Environment" means all the components of the earth including, without limitation, all layers of the atmosphere, air, land (including, without limitation, all underground spaces and cavities and all lands submerged under water), soil, water (including, without limitation, surface and underground water), organic and inorganic matter and living organisms, the interacting natural systems that include the foregoing and all other external conditions or influences under which humans, animals and plants live or are developed; (f) "Excluded Right of Way Area" means any right of way area or corridor that is not part of the Lands but in whole or in part passes through the Lands or is adjacent to such Lands; (g) "Final Agreement" means the Tsawwassen First Nation Final Agreement among the Grantor, Canada and British Columbia; (h) "Lands" means the lands and premises as are legally described in

Schedule "A" and as are shown in

Schedule "B", which are both attached to this Agreement; (i) "Right of Way Area" means those portions of the Lands more particularly described in

Section of this Agreement, as may be modified under this Agreement; and (j) "Works" means: (

i) as it relates to the rights and responsibilities of Hydro, all things and components, using any type of technology from time to time, necessary or convenient for the purposes of transmitting and distributing electricity and for the purpose of telecommunications, including: poles, towers, antennae (except for monopole free standing antennae), guy wires, brackets, crossarms, insulators, above ground or underground transformers, anchors, attachments, lines, access nodes and cables, including underground or fibre optic cables, underground conduits, lines and pipes of every kind, cabinets, all ancillary appliances and fittings, reasonably required associated protective installations and related works such as fencing for safety or security, devices and identifying colours for aircraft warning, and utility services for the operation of any of the foregoing; (ii) as it relates to the rights and responsibilities of TELUS, all things and components, using any type of technology from time to time, necessary or convenient for the purpose of telecommunications, including: poles, towers, guy wires, brackets, crossarms, insulators, transformers, anchors, attachments, lines, access nodes and cables, including fibre optic cables, in whole or in part and underground conduits, lines and pipes of every kind, underground cables, including fibre optic cables, together with all ancillary appliances, fittings and cabinets and above ground or underground equipment shelters. 1.2 With respect to any obligation on the part of Hydro or TELUS under this Agreement, any reference to Hydro or TELUS includes their respective servants, officers, employees, agents, contractors, sub-contractors, invitees, licensees, successors, permitted assigns, and those for whom either or both of them is responsible in law. 2.0 Grant of Right of Way 2.1 The Grantor grants over the Lands separately to each of Hydro and TELUS and their respective employees, representatives, contractors, agents, licensees, successors and assigns, for so long as required, the uninterrupted right, liberty and right of way to: (

a) use the Right of Way Area as follows: (

i) excavate for, construct, install, erect, abandon, replace, extend, upgrade, operate, maintain, alter, remove and repair the Works on, over, in, under, across and through the Right of Way Area; and (ii) clear the Right of Way Area and keep it cleared (including pruning or removal) of any trees or growth at any time located therein; (

b) use the Area of the Works as follows: (

i) enter, work, pass and repass upon, on, and along the Area of the Works; (ii) construct, maintain, repair, replace and use trails, roads, lanes, and bridges on the Area of the Works including, in addition, any portions reasonably required adjacent to the Area of the Works for the sake of continuity, with or without equipment, machinery and materials to such extent as may reasonably be required by Hydro or TELUS in relation to this Agreement; (iii) clear the Area of the Works and keep it cleared of all or any part of any obstruction, improvement or other matter which, in the reasonable opinion of Hydro or TELUS, does or might interfere with or endanger the Works, disrupt service to Hydro's or TELUS's customers, or pose a hazard to persons or property in relation to the Works; and (iv) clear the Area of the Works and keep it cleared (including pruning or removal) of all or any part of any trees or growth which do or might, in the opinion of Hydro or TELUS, interfere with or endanger the Works, disrupt service to Hydro's or TELUS's customers, or pose a hazard to persons or property in relation to the Works; (

c) to enjoy further rights as follows: (

i) Hydro and TELUS may, with the prior approval of the Grantor and any party with a registered interest in the affected areas,, such approval not to be unreasonably withheld, delayed or conditioned, cut trees or growth outside the Area of the Works, if in the reasonable opinion of Hydro or TELUS such trees or growth might interfere with or endanger the Works (whether on or off the Lands) or pose a hazard to persons or property in relation to the Works; (ii) Hydro and TELUS may pass and repass over, and maintain, repair replace and use, all roads, lanes and bridges on the Lands outside of the Area of the Works with or without equipment, machinery and materials to such extent as may reasonably be required by Hydro or TELUS in relation to this Agreement; (iii) if there are no suitable roads, lanes or bridges under paragraph 2.1 (c) (ii), Hydro and TELUS may either: A. construct, maintain, repair, replace and pass and repass over roads, lanes or bridges on the Lands; or B. pass and repass over the Lands elsewhere than on roads, lanes and bridges, with or without equipment, machinery and materials to such extent as may reasonably be required by Hydro or TELUS in relation to this Agreement, subject to prior approval of the route by the Grantor, such approval not to be unreasonably withheld, conditioned or delayed.

Notwithstanding the foregoing, Hydro and TELUS do not require such approval if there is an emergency or a reasonably apprehended emergency or for the determination of electricity consumption, but will report to the Grantor the purpose and extent of the access as soon as practicable; (iv) to conduct vegetation management upon the Area of the Works, such as the planting of vegetation compatible with the undertakings of Hydro or TELUS, and the application of herbicides and pesticides, provided that Hydro and TELUS will not conduct any aerial application of herbicides or pesticides on the Lands; (

v) to install, maintain and use gates in all fences which are now or hereafter shall be on the Right of Way Area and in fences affecting access to the Area of the Works; (vi) to ground any structures, installation or things, by whomsoever owned, from time to time situated anywhere on the Right of Way Area or adjacent Lands where, in the reasonable opinion of Hydro and TELUS, such grounding will eliminate or reduce hazards to persons or property in relation to the Works; (vii) Hydro and TELUS may enter onto the Lands outside the Area of the Works for the purpose of undertaking works to protect any Works located within the Lands or within an Excluded Right of Way Area or to protect persons or property that may be at risk from such Works, provided that: A.

Hydro or TELUS will before commencing such works deliver to the Grantor for approval a written work plan describing the proposed work on the Lands; B. the Grantor will not unreasonably withhold, condition or delay approval of such work plan, and shall take into consideration the effect of the proposed work, the cost of the proposed work compared to the cost of alternate solutions and the extent of the risk of not undertaking the work.

If Hydro or TELUS, as the case may be, and the Grantor cannot agree on a work plan requested by Hydro or TELUS within 30 days of receipt by the Grantor of the proposed work plan, then either party may refer the disagreement to dispute resolution under

section 18.1 of this Agreement; C. Hydro or TELUS, as the case may be, will pay compensation for any damage to the Lands resulting from the implementation of the work plan; D. if Hydro or TELUS, as the case may be, determines in its reasonable judgment that an emergency situation exists or there are imminent safety concerns, Hydro and TELUS may, without approval of the Grantor, undertake works and take such steps on the Lands as are reasonably required to be taken immediately in order to protect the Works, or to protect persons or property that may be at risk from the Works, and in that event Hydro or TELUS will as soon as reasonably possible thereafter notify the Grantor; and (

d) generally, do all such other acts or things as may reasonably be necessary or incidental to the business of Hydro or TELUS in connection with any of the above. 3.0 Right of Way Area 3.1 The right of way area consists of: (

a) all portions of the Lands reasonably required for the following: (

i) those Works existing at the date of this Agreement; (ii) any additional Works constructed adjacent to, along the sides of or across any roads, lanes or bridges from time to time existing on or through the Lands; (iii) any additional Works that provide service to any lands adjacent to any roads, lanes, or bridges from time to time existing on or through the Lands; (iv) any additional Works that provide service to any lands or customers where the landowners of any intervening parcels consent to the installation of any such Works; and (

b) any such other portions of the Lands as may from time to time be consented to in writing by the Grantor, or by any delegate appointed by the Grantor. 3.2 The parties agree that the sketch plan attached to this Agreement as

Schedule "C" reasonably represents the approximate location of the Works existing as of the date of this Agreement. As and when new works are added to the Lands by either or both of Hydro or TELUS, the parties will update

Schedule "C", it being the intention of the parties that this Agreement, and all of its terms and provisions, apply to such new works in their entirety. 3.3 Nothing in this

Part 3.0 is intended to affect the rights of Hydro or TELUS to make arrangements directly with a person in legal possession of any lands for the construction, operation and maintenance of the Works and all matters incidental thereto. 4.0 Non-Exclusive Use 4.1 Notwithstanding anything else in this Agreement, Hydro and TELUS acknowledge and agree that: (

a) this Agreement does not grant a fee simple interest in the Lands, but rather grants a non-exclusive use over the Area of the Works; and (

b) subject to the rights granted

Document details

Collection	British Columbia — Consolidated Statutes
Citation	statreg 07039 34
Type	statute
Volume / chapter	statreg 07039 34
Language	en
Format	xml
Source	PROVINCIAL
Identifier	f0d1e8fd2d0ba1256e4383683e7b8555f8b2d54e

Source file is stored in the law ingest library (xml).