PART I

DEFINITIONS

In this Agreement:

"Agreement" means this Agreement between Westbank First Nation and Canada.

"Band" means the body of Indians declared to be a band for the purposes of the Indian Act by P.C. 1973-3571, referred to as "Westbank First Nation".

"Community Purpose" means a purpose which is intended to provide a facility, benefit or support for the Members or persons residing on Westbank Lands, and is limited to transportation and utility corridors and requirements related to transportation and utility corridors.

"conflict" means actual conflict in operation.

"Constitution" means the constitution of Westbank First Nation established and ratified in accordance with this Agreement.

"Council" means the governing council of Westbank First Nation.

"Effective Date" means the date the Legislation comes into force.

"expropriation" means a taking of an interest or all interests in Westbank Lands through a process established by sections 111 to 124 or by Westbank Law established in accordance with section 105.

"intellectual property" includes any intangible property right resulting from intellectual activity in the industrial, scientific, literary, or artistic fields, including, but not limited to, any right relating to patents, copyrights, trademarks, industrial designs, or plant breeders' rights.

"interest in Westbank Lands" means any estate, right or interest of any nature in Westbank Lands recognized by law, including for greater certainty any leasehold interest, but does not include title to Westbank Lands as referred to in section 87.

"jurisdiction" means law-making authority.

"Legislation" means an act of Parliament which confirms and implements and gives effect to this Agreement.

"Licence", in relation to Westbank Lands, means any right of use or occupation of the land other than an interest in Westbank Lands.

"Member" means a member of Westbank First Nation as defined in the Constitution.

"Mentally Incompetent" means a person who pursuant to the laws of the Province, had been found to be mentally defective or incompetent for the purposes of any laws of the Province providing for the administration of estates of mentally defective or incompetent persons.

"Minerals" means and includes gold, silver and all naturally occurring useful minerals, but shall not include peat, coal, petroleum, natural gas, bitumen, oil shales, limestone, marble, clay, gypsum or any building stone when mined for building purposes, earth, ash, marl, gravel, sand or any element which forms part of the agricultural surface of the land.

"ordinarily resident" means the place where, in the settled routine of a person's life, that person regularly, normally or customarily lives.

"Parties" means Westbank First Nation and Canada.

"province" means the province of British Columbia.

"Westbank First Nation" means the body of people formerly known as the Band under the Indian Act and for whose use and benefit in common Westbank Lands have been set apart by Her Majesty the Queen.

"Westbank Lands" are:

a. the following existing Westbank Indian reserves:

1. Mission Creek Indian Reserve Number 8 in the province;
   
2. Tsinstikeptum Indian Reserve Number 9 in the province;
   
3. Tsinstikeptum Indian Reserve Number 10 in the province;
   
4. Medicine Hill Indian Reserve Number 11 in the province;
   
5. Medicine Creek Indian Reserve Number 12 in the province;

b. lands set apart by Canada in the future as lands reserved for Westbank First Nation within the meaning of subsection 91(24) of the Constitution Act 1867.

"Westbank Law" means laws of Westbank First Nation enacted in accordance with the jurisdictions described in this Agreement, and the Constitution.

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