PART XXI

PUBLIC WORKS, COMMUNITY INFRASTRUCTURE AND LOCAL SERVICES

212. Westbank First Nation has jurisdiction in relation to Westbank public works, community infrastructure and local services on Westbank Lands including works and services in relation to:

1. the collection, conveyance and treatment and disposal of sewage;



2. the supply, treatment, conveyance, storage and distribution of water;



3. the collection, removal and disposal of waste and noxious, offensive or unwholesome substances;



4. the regulation, storage and management of solid waste and recyclable material, including the regulation of facilities and commercial vehicles used in relation to these matters;



5. community parks and buildings;



6. services for pleasure, recreation and other community use, including art galleries, museums, historic sites, arenas, theatres, sports complexes and other public buildings or facilities for exhibition;



7. fire prevention and suppression and the provision of assistance in response to other classes of circumstances specified by Westbank Law that may cause harm to persons or property;



8. street lighting systems;



9. transit, including transit for persons with special needs;



10. the inspection, for health and safety purposes, of private residences and any other buildings or structures on Westbank Lands;



11. animal control;



12. control of pollution, nuisances, pests, noxious weeds, noise and unsightly premises;



13. regulation of fire alarm systems and other security alarm systems; and



14. programs in preparation for emergencies.

213. For greater certainty, the jurisdiction referred to in section 212 does not include jurisdiction in relation to postal services and aeronautics.

214. Westbank First Nation has jurisdiction in relation to the levying and collection of development cost charges, user fees and development permit fees to provide for public works, community infrastructure and local services on Westbank Lands.

215. Until such time as the coming into force of the first Westbank Law enacted pursuant to the jurisdiction described in this Part, paragraphs 73(1)(i) and (l), and any regulations made thereunder, of the Indian Act shall continue to apply.

216. Except as otherwise provided in this Agreement, Westbank Law with respect to public works, community infrastructure and local services shall prevail over federal law to the extent of any conflict, so long as Westbank First Nation health and safety standards and technical codes regarding public works, community infrastructure and local services are at least equivalent to federal health and safety standards and technical codes.

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