Kitsumkalum Agreement-in-Principle
may constitute, a nuisance, a trespass, a threat to public order, peace or safety or a danger to
public health.
48.
Federal Law or Provincial Law prevails to the extent of a Conflict with Kitsumkalum Law
under paragraph 47.
Emergency Preparedness
49.
The Kitsumkalum Government has:
a)
the rights, powers, duties, and obligations; and
b)
the protections, immunities and limitations in respect of liability,
of a local authority under Federal Law and Provincial Law in respect of emergency
preparedness and emergency measures on Kitsumkalum Lands.
50.
The Kitsumkalum Government may make laws in respect of its rights, powers, duties, and
obligations under paragraph 49.
51.
Federal Law or Provincial Law prevails to the extent of a Conflict with Kitsumkalum Law
under paragraph 50.
52.
For greater certainty, the First Nation Government may declare a state of local emergency, and
exercise the powers of a local authority in respect of local emergencies in accordance with
Federal Law and Provincial Law in respect of emergency measures, but any declaration and any
exercise of those powers is subject to the authority of Canada and British Columbia under
Federal Law and Provincial Law.
53.
Nothing in the Final Agreement affects the authority of:
a)
Canada to declare a national emergency; or
b)
British Columbia to declare a provincial emergency,
in accordance with Federal Law and Provincial Law.
54.
Nothing in the Final Agreement will preclude Kitsumkalum from accessing emergency
programs in the same manner that local governments access such programs from the Federal
and Provincial Governments.
Regulation of Business
55.
The Kitsumkalum Government may make laws in respect of the regulation, licensing and
prohibition of business on Kitsumkalum Lands, including the imposition of licence fees or other
fees.
56.
Unless otherwise provided in the Final Agreement, Kitsumkalum Government law-making
authority under paragraph 55 does not include the authority to make laws in respect of the
accreditation, certification or professional conduct of professions and trades.
57.
Federal Law or Provincial Law prevails to the extent of a Conflict with Kitsumkalum Law
under paragraph 55.
Buildings and Structures
58.
The Kitsumkalum Government may make laws in respect of the design, construction,
maintenance, repair and demolition of public works, buildings and structures on Kitsumkalum
Lands.
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