Squamish, Musqueam, Tsleil-Waututh Nation

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Y:Wdocsclntdocs130785000DOC00840315.DOCX
PROTOCOL AGREEMENT
BETWEEN:
MUSQUEAM INDIAN BAND as represented by its Council
(“Musqueam”)
AND:
SQUAMISH NATION (also known as the Squamish Indian
Band) as represented by its Council
(“Squamish”)
AND:
TSLEIL-WAUTUTH NATION as represented by its Council
(“Tsleil-Waututh”)
(individually a “Nation” and collectively the “Nations”)
PREAMBLE
In keeping with our ancestral matrimonial relationship, we agree to continue to protect our
home and shared lands for the use of our families and members to live and create the economic
benefit of those shared lands and options in home lands in use of the land, water, sea and air and
its resources, food, water and air space. This is based on an inherent and common respect that
has been in place between us for 10,000 years. To instate our collective authority by empowering
each branch of our families of the Musqueam, Squamish, and Tsleil-Waututh Nations through
trust, understanding and respect.
WHEREAS:
A. The Nations have co-existed peacefully and respectfully as neighbours for centuries;

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B. Together or individually, the Nations have used and occupied the lands and waters that
constitute their respective traditional territories since time immemorial (the “Traditional
Territories”);
C. The Nations have shared the use and occupation of portions of the Traditional Territories
since time immemorial;
D. The Nations have experienced negative impacts and consequences as a result of the
expansion of non-aboriginal societies into the Traditional Territories;
E. The expansion of non-aboriginal societies has resulted in the alienation of lands and
resources, the denial of rights and powers over these lands and resources, the negation of
heritage and culture, and significant economic hardships for all the Nations;
F. The Nations wish to change the recent historic patterns and to create mutual benefits for
the Nations.
G. This Protocol Agreement will continue to allow the Nations to build upon the strong
family and cultural relations that have always existed between one another and for the
Nations to create a sustainable future guided by the strong cultural values inherited by the
Nations.
H. It is the desire of the Nations to continue to work in a cooperative and mutually
supportive manner in order to take advantage of economic opportunities, establish a clear
Musqueam, Squamish and Tsleil-Waututh presence in their combined Traditional
Territories, and protect their respective aboriginal rights and title.
I. This Protocol Agreement reaffirms the cultural protocols that have governed the
relationship of the three Nations since time immemorial and will continue to build on the
bridge that the Nations have walked over and will continue to walk over together, into a
future guided by traditional values, while creating dynamic social and economic success
and benefit to the Nations. It will also allow the Nations to make choices and define how
the Nations as Salish people want to move forward in the society that they live in today,
while creating proud legacies and relations that will create a positive impact for their next
generations.
NOW THEREFORE the Nations agree as follows:

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1. Purpose of this Agreement
1.1 The purpose of this Agreement is to establish a mechanism to permit the Nations to:
(a) identify opportunities of mutual interest;
(b) share information;
(c) conduct broad discussions on the implications of various opportunities and
methods for addressing those opportunities;
(d) coordinate responses and initiatives;
(e) better take advantage of economic opportunities; and
(f) make decisions jointly and implement those decisions together.
1.2 It is the further purpose of this Agreement to allow the Nations to express their mutual
respect for each other’s historic presence in the Traditional Territories and to permit the
Nations to obtain a better understanding of each other’s communities. It will also allow
each Nation as an individual Nation, to re-connect to the strong family relations and
cultural ties that have always existed between the Nations and it will also allow each
Nation individually, and together with the other Nations, to move forward in a positive
manner that is mutually respectful and mutually beneficial to each Nation.
2. Working Group
2.1 The Nations agree to establish a working group (the “Working Group”) comprised of up
to two representatives from each Party (the “Representatives”).
2.2 The Representatives will be appointed by their respective Councils.
2.3 Representatives of the Working Group will be provided with a mandate to:
(a) raise and discuss opportunities of mutual interest;
(b) obtain and share information in relation to these opportunities;
(c) seek technical advice;
(d) discuss methods for addressing these opportunities in a mutually beneficially
manner;
(e) develop comprehensive plans for addressing these opportunities, including time
frames, and methods for meeting the objectives of this Agreement; and

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(f) make recommendations to their respective Councils for proceeding in a unified
approach.
2.4 The Working Group may establish committees or appoint individuals to undertake
specific tasks.
2.5 Each Nation will appoint a co-chair who will alternately chair each meeting unless
otherwise agreed by the Representatives.
2.6 The Co-chairs will be responsible for confirming the date, time, venue and agenda for
each meeting.
2.7 The Working Group will make recommendations to the Councils of the Nations by
consensus. The Nations will decide whether to implement the recommendations of the
Working Group.
2.8 The Working Group may, if the Nations agree, seek technical assistance on any issue.
2.9 Each of the Nations will identify a spokesperson on an issue by issue basis to deal with
media and community information sharing. The Nations may issue joint statements and
press releases and, if a Nation decides to issue statements and press releases on its own, it
will make reasonable efforts to coordinate their issue and contents with the other Nations
and give prior notice.
3. Sharing Arrangements
3.1 The Nations acknowledge that, as described on the maps referenced in the Statements of
Intent filed by the Nations with the B.C. Treaty Commission, certain lands within the
respective Traditional Territories of each of the three Nations overlap and wish to have
these overlap lands considered a shared area (“Shared Area”) of the Nations, which
Shared Area is shown in cross hatching on the map attached as Schedule “A”.
3.2 The Nations agree to share equally in the economic benefits and development
opportunities in relation to the properties listed in Schedule “B” of this Agreement which
are properties that are the subject matter of joint negotiations currently being held by the
Nations with the provincial and federal governments. The sharing arrangements under
this section 3.2 are subject to section 3.4 of this Agreement.
3.3 If the federal or provincial governments (including any Crown agencies) wish to dispose
of (including by way of lease) or develop any other lands in the Shared Area that gives
rise to a duty to consult, the Nations agree to share equally in the economic benefits and
any development opportunities that may be associated with those lands. The sharing
arrangements under this section 3.3 are subject to sections 3.4, 3.5 and 3.7 of this
Agreement.

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3.4 The equal sharing of economic benefits contemplated in sections 3.2 and 3.3 will be the
equal sharing of the net economic benefits. Net economic benefits means the economic
benefits after all costs the Nations have agreed to share equally are paid. In addition, the
development opportunities in sections 3.2 and 3.3 are subject to each Nation making an
equal contribution to the costs of the development opportunities. For certainty, a Nation
that decides not to make such a contribution at the time made by the other Nation or
Nations shall not be entitled to share in such development.
3.5 One or more of the Nations may advise the other Nation or Nations that it or they have a
special interest in a particular property within the Shared Area that they wish to use or
develop to the exclusion of the other Nation or Nations. In such a case the Nations will
enter into good faith negotiations in order to attempt to reach an agreement that will
result in that Nation or those Nations not obtaining that property having its or their
interest in the property addressed appropriately, which may result in compensation. Any
disagreement on this issue will be resolved pursuant to section 8.
3.6 Each Nation agrees that it will use reasonable efforts to discuss sharing economic
opportunities within its traditional territory but not located within the Shared Area with
the other Nations but it will not be required to come to any agreement to do so.
3.7 This Agreement will not include any lands within the Shared Area for which any of the
Nations are in current negotiations with the federal or provincial governments, including
any Crown agencies, (the “Excluded Lands”) other than those lands set forth in Schedule
“B” unless the Nation in question is willing to include those lands under the Agreement.
A list of the Excluded Lands is attached as Schedule “C” and may only be amended by
agreement of all the Nations.
3.8 Lands that one Nation wishes to include in Schedule “C”, but the other Nations are also
in discussions with the Crown on these same lands will be deemed lands for further
discussion between the Nations and will be listed in Schedule “D”.
4. Funding and Costs
4.1 The Nations agree to attempt to secure funding for joint economic development
initiatives taken under this Agreement independently of the general funds of the Nations.
4.2 Any funds obtained under section 4.1will be shared equally between the Nations.
4.3 All costs for such initiatives are to borne equally between the Nations subject to any
specific agreement to the contrary.
5. Information Sharing
5.1 The Nations will share written and other information bearing on any issue being
discussed by the Working Group.

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6. Communications and Confidentiality
6.1 Subject to section 6.2, all matters being dealt with by the Working Group are to be treated
as confidential until such time as the Working Group declares otherwise.
6.2 The Nations may, by mutual agreement and respective Council approval, release
information to the public at any time.
6.3 Positions taken jointly by the Nations will be made public on letterhead containing all
Nations’ logo and authorized by a person or persons from each Party designated by the
Working Group or by their respective Councils.
7. Termination
7.1 This Agreement may only be terminated with the written consent of all the Nations.
8. Dispute Resolution
8.1 The Nations will use their best efforts to resolve all disputes between them by direct
discussions prior to referring matters to dispute resolution.
8.2 Should an impasse be reached in discussions held under section 8.1, the Nations will
endeavor to pursue an agreed-to form of dispute resolution. In the absence an agreed-to
form of dispute resolution, disputes will be resolved by arbitration by three arbitrators
under the British Columbia Arbitration Act with each Nation appointing one arbitrator
unless the Nations jointly appoint one arbitrator.
8.3 The agreed-to form of dispute resolution referred to in section 8.2 will be established by
agreement of all the Nations and may include reference to a body of elders, conciliation
or mediation. The dispute resolution process may vary depending upon the issue.
8.4 Nothing in this Agreement will prevent the Nations from dealing with opportunities while
an issue is being addressed in the dispute resolution process.
9. Interpretation of this Agreement
9.1 The Nations acknowledge and agree that all possible claims against Canada and British
Columbia of any nature and kind in respect of Aboriginal title and rights shall remain
unchanged and unaffected by this Agreement and any subsequent arrangements made
pursuant to this Agreement.
9.2 Notwithstanding any other provision in this Agreement, the Nations acknowledge and
agree that no provision of this Agreement, or any communications, negotiations or
consultations between the Nations in respect of either this Agreement or any subsequent
arrangements made pursuant to this Agreement, shall in any way prejudice, limit or
derogate from:

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(a) the Aboriginal title and rights, including any claims or interests of any Nation or
their respective members against the Crown, or any other party;
(b) any rights to, or benefits of, consultation, accommodation, compensation,
negotiation or discussion with any person, other than the Nations hereto, arising
from the claims, rights or interests of the Nations; and
(c) future participation in any Aboriginal and claims negotiations or self-government
negotiations, claims, assertions or agreements affecting or relating in any way the
Nations or their respective members.
9.3 The Nations further acknowledge and agree that no provision of this Agreement, or any
communications, negotiations or consultations between the Nations in respect of either
this Agreement or any subsequent business arrangements shall be taken, in any way, as
an affirmation by any Nation of any Aboriginal rights or title on the part of any other
Nation.
9.4 This Agreement is intended by the Nations to be legally enforceable.
10. Amendments
10.1 Except as otherwise provided, this Agreement may only be amended by agreement in
writing by the Nations.
11. Approvals
(a) Each of the Nations hereto warrant and represent that it has full legal power,
capacity and authority to enter into this Agreement for itself and on behalf of all
its members and to carry out its obligations hereunder.
(b) Each of the Nations hereto warrant and represent that:
(i) this Agreement has been duly authorized, executed and delivered by
them and is a legal, valid and binding obligation enforceable in
accordance with its terms; and
(ii) no consent, approval or authorization of, or declaration, filing or
registration with, any person or entity is required to be obtained or made
in connection with the execution, delivery and performance of this
Agreement.
(e) This Agreement may be executed and delivered by electronic transmission and in
counterparts, each of which will be deemed to be an original, but all of which
together will constitute a single instrument.
12. General

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12.1 Nothing in this Agreement shall be construed as creating a partnership, joint venture or
other legal entity of any kind, or as imposing upon any Nation any duty, obligation or
liability as a partner or joint venture except as expressly provided herein. No Nation shall
have the ability to bind the other Nations as agent or otherwise.
12.2 This Agreement sets out the entire agreement of the Nations on the matters expressly
covered by it and replaces any earlier agreements relating to such matters including the
Federal Properties Collaboration Agreement dated June 25, 2012 dealing with the federal
lands described in Schedule “B” except that the Nations confirm the Joint Declaration
attached to that Collaboration Agreement.
12.3 This Agreement shall enure to the benefit of and be binding upon the Nations hereto and
their respective successors and permitted assigns.
12.4 Any notice, direction, payment or any or all material that a Nation may be required or
desire to give or deliver to the other Nations or another Nation shall be in writing and
shall be given by personal delivery, by facsimile, by mailing or by courier, in each case
addressed to the intended recipient as follows:
(a) To the Musqueam Indian Band:
Chief Wayne Sparrow
6735 Salish Drive
Vancouver, BC, V6N 4C4
Phone: 604-263-3261
Facsimile: 604-263-4212
(b) To the Squamish Nation:
Chief Ian Campbell
Squamish Nation
320 Seymour Blvd.
North Vancouver, BC, V7J 2J3
Phone: 604-980-4553
Facsimile: 604-980-9601
(c) To the Tsleil Waututh Nation:
Tsleil Waututh Nation
Chief Maureen Thomas
3075 Takaya Drive
North Vancouver, BC, V7H 3A8
Phone: 604-924-4186

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Facsimile: 604-929-4158
or such other address or addresses as a Nation may, from time to time, designate in
writing.
IN WITNESS WHEREOF the Nations hereto have executed this Agreement as of the 3rd day of
March, 2014.
MUSQUEAM INDIAN BAND
Per: _________________________________________________
Chief Wayne Sparrow, for and on behalf of the Musqueam as represented by its Council
SQUAMISH NATION
Per: __________________________________________________
Krissy Jacobs, Council Co-Chair, for and on behalf of the Squamish Nation as
represented by its Council
__________________________________________________
Byron Joseph, Council Co-Chair, for and on behalf of the Squamish Nation as
represented by its Council
TSLEIL WAUTUTH NATION
Per: __________________________________________________
Chief Maureen Thomas, for and on behalf of the Tsleil Waututh Nation as represented by
its Council
___________________________________________________
Councilor
____________________________________________________
Councilor
____________________________________________________
Councilor
____________________________________________________
Councilor
____________________________________________________
Councilor

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Schedule B
List of provincial and federal properties
Provincial Lands
Name Address Municipality
Legal
Descriptions
PID Ministry
Seven Lots on
Main
Barrow Street
(Barrow and Main)
N. Vancouver
Lot A Blk 40, DL
204, Group 1,
NWD, Plan
EPP30891
Except Plan
EPP30892
029-107-
318
MOTI
526 W. 24th
Street
526 W. 24th Street N. Vancouver
Lot 22 Blk 211A,
DL 544, Group 1
NWD Plan 1364,
Except: Firstly:
Part Dedicated
Rd on Plan
LMP23631;
Secondly: Part
Dedicated Rd on
Plan LMP37314
014-747-
065
MOTI
#10 Periwinkle
Place
#10 Periwinkle
Place
Lions Bay
Lot 1 Blk B, DL
1575, Plan
18530
007-164-
572
MOTI
Lot 50 Kelvin
Grove Way
Kelvin Grove Way Lions Bay
Lot 50, Blk B, DL
1575, Group 1,
NWD, Plan
18530, Except
Part Dedicated
Rd on Plan
BCP42222
007-166-
435
MOTI
Nordel RoW
(Weigh Scale)
8100 Nordel Way Delta
Part plan
NWP73156
NA (part
of
highway
RoW)
MOTI
Nordel RoW
(Boomerang 6)
8099 Nordel Way Delta
Pcl A (Ref plan
BCP2178) DL
437 GP 2 NWD
as Dedicate Rd
on Plan 73156
NA (part
of
highway
RoW)
MOTI

12. Page 12 of 18
Name Address Municipality
Legal
Descriptions
PID Ministry
Nordel RoW
(Boomerang 7)
8099 Nordel Way Delta
Part plan
NWP73156
NA (part
of
highway
RoW)
MOTI
9568 Burns
Drive
9568 Burns Drive Delta
Lot 2, Section 4,
Township 4,
NWD, Plan
24717
009-206-
281
MOTI
1005 Ewen
Avenue
1005 Ewen Avenue
New
Westminster
Plan BCP41510,
District Lot 757,
Group 1, New
Westminster
Land District,
CLOSED ROAD
027-967-
085
MOTI
520 - 21st
Street
520 - 21st Street
New
Westminster
Part of Lot 54,
Plan LMP3717,
DL 172, Group 1,
NWD, Plan
3103, Except
Plan 19717
018-115-
756/Part
ROW (in
process of
resolving
title issue
but will be
a few
months)
MOTI
502-20th
Street
502-20th Street
New
Westminster
Lot 57, Plan
NWP43169, DL
172, Group 1,
NWD, Except
Plan 67172,
72327,
BCP40857
000-637-
157
MOTI
1050 Boyd
Street
1050 Boyd Street
New
Westminster
Plan BCP41511,
District Lot 757,
Group 1, New
Westminster
Land District,
CLOSED ROAD
027-967-
140
MOTI
2201 and 2205
Marine Drive
2201 and 2205
Marine Drive
New
Westminster
Lot 23, Block 2,
Plan NWP2974,
District Lot 172,
Group 1, New
Westminster
Land District,
Except Plan
BCP38670
010-744-
240
MOTI

13. Page 13 of 18
Name Address Municipality
Legal
Descriptions
PID Ministry
Parcel A, Plan
BCP41509,
District Lot 172,
Group 1, New
Westminster
Land District,
(REFERENCE
PLAN
BCP41509);
DEDICATED
ROAD ON
STATUTORY
RIGHT OF WAY
PLAN 71501
027-982-
114
Manor Street
5455 Manor St
Burnaby
Lot 26, Ex Part
on SRW Plan
26541 Blk 19 DL
74 Group 1
NWD Plan 2603
013-770-
799
MOTI
5467 Manor St
Lot 25, Ex Part
on SRW Plan
26541 Blk 19 DL
74 Group 1
NWD Plan 2603
013-770-
781
5479 and 5491
Manor St
Lots 23 and 24,
Ex Part on SRW
Plan 26541 Blk
19 DL 74 Group
1 NWD Plan
2603
013-770-
756 and
013-770-
764
Woodsworth
Street
6051 Woodsworth
Street
Burnaby
Lot 1, Blk 8, DL
76, Group 1
NWD, Plan
EPP34828
029-192-
226
MOTI
Hardwick
Street
6050 Hardwick
Street
Burnaby
Lot 1, DL 76,
Group 1 NWD,
Plan EPP34827
029-192-
170
MOTI
#4 Road
No 4 Road and
Tuttle Ave
Richmond
Lot A Except:
Part on SRW
Plan 22045;
Section 27 Blk 5,
North Range 6
NWD Plan
14909
004-229-
487 MOTI

14. Page 14 of 18
Name Address Municipality
Legal
Descriptions
PID Ministry
Lot C Except:
Portions on SRW
plan 22045;
Section 27 Blk 5,
North Range 6
NWD Plan
15919
004-229-
550
Lot B Except:
Part on SRW
Plan 22045;
Section 27 Blk 5,
North Range 6
NWD Plan
14909
014-343-
835
Lot D Except:
Portions on SRW
plan 22045;
Section 27 Blk 5,
North Range 6
NWD Plan
15919
014-399-
831
Mulgrave
Property
Cypress Bowl
West
Vancouver
N/A N/A MOTI
Terminal
Forest
Foreshore lots DL
7123 and and DL
2761 Group 1 New
Westminster
District on Mitchell
Island
Richmond
DL 7123 Group 1
NWD
N/A FNLRO
DL 2761 Group 1
NWD
Brunswick
Point - Phase 3
- Other Lands
2349 52nd Street;
6205 28th Avenue;
3130 64th Street
Delta
Rem NW4, Sec
15, Tp 5, NWD,
Except Part
Subdivided by
BCP38061
009-189-
386
FNLRO
Sout Half of Lot 6,
Except part in Plan
LMP41835, DL
113, Group 2
NWD, Plan
NWP3264
010-315-
012
Rem Pcl A
(Explanatory Plan
30794) Lot 13 Sec
24, TP 5, NWD
Plan 25196,
Except: Pcl One
(Ref plan 38003);
Part Subdiivided
by Plan
BCP38045 and
008-728-
950

15. Page 15 of 18
Name Address Municipality
Legal
Descriptions
PID Ministry
Part Plan EPP783
Ambulance
Station
1317 Richards
Street
Vancouver
Lots 35 and 36,
Blk 114, DL 541,
Plan VAP210
012-594-
091
015-495-
523
MTICS
LDB -
Vancouver
3150/3200/3260
E.Broadway
Vancouver
Lot 6 of the
South Half of
Section 27,
Town of
Hastings
Suburban Lands,
Plan 9568
003-021-
050
MTICS
Willingdon
3405 Willingdon
Avenue
Burnaby
Lot 1, DL 71,
Group 1 NWD,
Plan LMP12752,
Except: Plan
EPP6303
018-811-
337
MTICS
West Vancouver Community Health Centre:
PID: 024-158-259, Lot 1 District Lot 775, Group 1, New Westminster District Plan LMP
38133.

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Federal Lands
Jericho:
PID: 010-592-695 – Block B, Except part in Ref. Plan 5065, DL 176, Plan 7615
Fairmont:
PID: 015-991-512 Block 838 (Reference Plan 736), Group 1, New Westminster
District except the South 300 feet (see 208823L), District Lot 526;
PID: 015-991-466 The South 300 feet (see 208823L) of Block 838 (Reference
Plan 736) District Lot 526; and
PID: 009-958-461 Lot “A” (Reference Plan 3733), Block 839, District Lot 526,
Group 1, New Westminster District, Plan 6431
West Vancouver:
PID: 015-993-757 Block 16, (Ref Plan 9738) DL 582, Group 1, New Westminster
District
PID: 009-728-481 Lots 13, Block 7, DL 559 & 582, Plan 9219, Group 1, New
Westminster District
PID: 009-728-490 Lots 14, Block 7, DL 559 & 582, Plan 9219, Group 1, New
Westminster District

17. Page 17 of 18
Schedule C
List of Excluded Lands
Musqueam
1. Lands impacted on by the proposed Translink Line to UBC.
2. Lands within the University Endowment Lands.
3. Lands being developed by Holborn Properties at Little Mountain in Vancouver
Squamish
1. The former Blair Rifle Range lands
Tsleil-Waututh
1. The former Blair Rifle Range lands.
2. The Maplewood lands.
3. Lands along Indian River Road.
4. The former Inlailawatash I.R. 4 lands at the mouth of the Indian River.
5. The Admiralty Point lands.

18. Page 18 of 18
Schedule D
List of Lands for Further Discussion of Sharing Arrangements
1. Jericho Provincial Lands