November 10, 2004 -- The Vancouver Port Authority (VPA) and Tsawwassen First Nation (TFN) announced today that a Memorandum of Agreement has been signed by the two parties to resolve an outstanding legal dispute and clear the way for future port development at Roberts Bank in Delta, B.C. The Agreement still requires ratification by the TFN membership.

"This agreement allows us to put to bed a longstanding concern with an important port stakeholder and to create greater certainty in terms of future development at Roberts Bank," said Jim Cox, VPA Vice President of Infrastructure Development. "Just as importantly, it allows us to move forward in a spirit of partnership with the Tsawwassen First Nation to operate the Port of Vancouver in the best interests of all Canadians."

The Memorandum of Agreement deals with compensation for past infringements on the TFN's claimed aboriginal interests at Roberts Bank, as well as compensation and mitigation for future infringements related to the VPA's proposed container terminal expansion projects. It also represents a negotiated settlement of lawsuits brought by the TFN against the VPA, the Government of Canada, the Government of B.C. and related entities for the development and operation of port and ferry terminal facilities at Roberts Bank.

Under the terms of the agreement, the TFN has released all legal claims against the VPA and others, and has agreed that all consultation, accommodation, mitigation and compensation obligations have been met for past and future port development within its Traditional Territory. The TFN has also agreed to support the transfer of certain provincial land and water lots to the VPA, which are required for the expansion of container terminal facilities at Roberts Bank.

"The Memorandum of Agreement removes a major obstacle to the VPA's proposal to expand the existing Deltaport container terminal, and add an entirely new three-berth container terminal at Roberts Bank," Cox said. "And it also ensures that the TFN and its members will benefit from the economic activities undertaken within their Traditional Territory, including port-related businesses."

Under the Memorandum of Agreement, the TFN will receive:

• the sum of $2.5 million for settlement of the legal dispute, which will be used to mitigate impacts from the existing facilities. These funds may potentially be used towards a boat launch and moorage facility to enhance access to traditional shellfish and crab harvesting grounds. The Government of B.C. has agreed to contribute $1.25 million towards the settlement;
  
  
• compensation of $4.5 million for past and future infringements on claimed aboriginal rights and title caused by the development and operation of Roberts Bank port facilities;
  
  
• a $1 million development fund for education and skills training; and
  
  
• employment and contracting opportunities associated with port development and ongoing port operations.

In addition, the TFN and VPA will establish a $10 million investment fund and jointly share in the management, risks and rewards of its investments. The fund is intended to provide the TFN with an equity position in port-related businesses including the potential development of a container handling facility but may also invest in other port related business ventures.

The Port of Vancouver is Canada's largest and most diversified port, trading $29 billion in goods with more than 90 trading economies each year. Port activities generate 62,000 jobs in total with $1.6 billion in Gross Domestic Product and $3.5 billion in economic output. Last year, 66.7 million tonnes were shipped through the Port of Vancouver.

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For more information, please contact:

Jon Hicke
Assistant Manager, Corporate Communications and Public Affairs
Vancouver Port Authority
(604) 665-9066 (office)
(604) 665-9073 (fax)
>jon.hicke@portvancouver.com


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