Kitsumkalum Agreement-in-Principle
CHAPTER 16 – SELF-GOVERNMENT
General
1.
Kitsumkalum will have the right to self-government, and the authority to make laws, as set out
in the Final Agreement.
2.
For greater certainty, the authority of the Kitsumkalum Government to make laws in respect of
a subject matter as set out in the Final Agreement includes the authority to make laws and to do
other things as may be necessarily incidental to exercising its authority.
3.
The Kitsumkalum Government may adopt Federal Law or Provincial Law in respect of matters
within Kitsumkalum’s law-making authority set out in the Final Agreement.
Legal Status and Capacity
4.
5.
6.
Kitsumkalum is a legal entity with the capacity, rights, powers and privileges of a natural
person, including the ability to:
a)
enter into contracts and agreements;
b)
acquire and hold property or any interest in property, and sell or dispose of that property
or interest;
c)
raise, invest, expend and borrow money;
d)
sue and be sued; and
e)
do other things ancillary to the exercise of its rights, powers and privileges.
The rights, powers, and privileges of Kitsumkalum will be exercised in accordance with:
a)
the Final Agreement; and
b)
Kitsumkalum Law, including the Kitsumkalum Constitution.
Kitsumkalum will act through the Kitsumkalum Government in exercising its rights, powers,
privileges and authorities, and in carrying out its duties, functions and obligations.
Delegation
7.
Any law-making authority of Kitsumkalum under the Final Agreement may be delegated by a
Kitsumkalum Law to:
a)
a Kitsumkalum Public Institution;
b)
another First Nation Government in British Columbia or a public institution established
by one or more First Nation Governments in British Columbia;
c)
a First Nation with a self-government agreement negotiated with British Columbia and
Canada that provides for receiving delegated authority;
d)
Canada, British Columbia or a Local Government; or
e)
a legal entity as agreed to by the Parties,
Page 89 of 140