Kitsumkalum Agreement-in-Principle
CHAPTER 22 - DISPUTE RESOLUTION
General
1.
In this Chapter and in Appendix J-1 to J-5, “Appendix” means Appendix J-1, J-2, J-3, J-4 or J-5
to this Agreement.
2.
In this Chapter, and in each Appendix, a Party is deemed to be directly engaged in a
Disagreement if another Party, acting reasonably, gives the first Party written notice requiring it
to participate in a process described in this Chapter to resolve the Disagreement.
3.
The Parties share the following objectives:
a)
to cooperate with each other to develop harmonious working relationships;
b)
to prevent, or, alternatively, to minimize Disagreements;
c)
to identify Disagreements quickly and resolve them in the most expeditious and costeffective manner possible; and
d)
to resolve Disagreements in a non-adversarial, collaborative, and informal atmosphere.
4.
Except as otherwise provided, participating Parties may agree to vary a procedural requirement
contained in this Chapter, or in an Appendix, as it applies to a particular Disagreement.
5.
Participating Parties may agree to, and the Supreme Court of British Columbia, on application,
may order:
a)
the abridgment of a time limit; or
b)
the extension of a time limit, despite the expiration of that time limit,
in this Chapter or in an Appendix.
Scope: When This Chapter Applies to a Disagreement
6.
This Chapter does not apply to all disputes between or among the Parties, but is limited to the
disputes described in paragraph 7.
7.
This Chapter only applies to:
a)
a dispute respecting:
i)
the interpretation, application or implementation of the Final Agreement, or
ii)
a breach or anticipated breach of the Final Agreement;
b)
a dispute, where provided for in the Final Agreement; or
c)
negotiations required to be conducted under any provision of this Agreement that
provides that the Parties, or any of them, “will negotiate and attempt to reach
agreement”.
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