Kitsumkalum Agreement-in-Principle
7.
The relationship between a bylaw of the Kitsumkalum Band referred to in paragraph 6, and
Federal Law and Provincial Law, will be governed by the provisions of the Final Agreement
governing the relationship between Kitsumkalum Law and Federal Law and Provincial Law in
respect of the subject matter of the bylaw.
8.
The Kitsumkalum Government may repeal, but not amend, that bylaw referred to in paragraph
6.
9.
Nothing in the Final Agreement precludes a person from challenging the validity of a bylaw of
the Kitsumkalum Band referred to in paragraph 6.
Transfer of Band Assets
10.
Subject to the Final Agreement, on the Effective Date, all of the rights, titles, interests, assets,
obligations and liabilities of the Kitsumkalum Band vest in Kitsumkalum and the Kitsumkalum
Band under the Indian Act cease to exist.
11.
All moneys held by Canada pursuant to the Indian Act for the use and benefit of Kitsumkalum,
including capital and revenue moneys of the Kitsumkalum Band and, shall be transferred by
Canada to Kitsumkalum as soon as practicable after the Effective Date.
12.
Upon transfer of the moneys referred to in paragraph 11, Canada will no longer thereafter be
responsible for the collection of moneys payable:
13.
a)
to or for the benefit of Kitsumkalum; or
b)
except as provided in paragraphs 1, 3 and 4, to or for the benefit of a Kitsumkalum
Member.
For greater certainty, Canada will not be liable for any errors or omissions in the administration
of all moneys held by Kitsumkalum for the use and benefit of Kitsumkalum that occur
subsequent to the transfer of capital and revenue moneys of the Kitsumkalum Band from
Canada to Kitsumkalum.
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