Kitsumkalum Agreement-in-Principle
Aboriginal Healers
73.
The Kitsumkalum Government may make laws in respect of authorization, licensing and
regulation of persons to practice as aboriginal healers within Kitsumkalum Lands.
74.
The authority to make laws under paragraph 73 does not include the authority to regulate:
a)
medical or health practices that, or practitioners who, require licensing or certification
under Federal Law or Provincial Law; or
b)
products or substances that are regulated under Federal Law or Provincial Law.
75.
Any Kitsumkalum Law under paragraph 73 will include standards in respect of competence,
ethics and quality of practice that are reasonably required to protect the public.
76.
Kitsumkalum Law under paragraph 73 prevails to the extent of a Conflict with Federal Law or
Provincial Law.
Family and Social Services
77.
The Kitsumkalum Government may make laws in respect of family and social services,
including income assistance and housing, provided by a Kitsumkalum Institution.
78.
Federal Law or Provincial Law prevails to the extent of a Conflict with Kitsumkalum Law
under paragraph 77.
79.
The Kitsumkalum Government law-making authority under paragraph 77 does not include the
authority to make laws in respect of the licensing and regulation of facility-based services off
Kitsumkalum Lands.
80.
If the Kitsumkalum Government makes laws under paragraph 77, at the request of any Party,
the Parties will negotiate and attempt to reach agreements in respect of exchange of information
with regards to avoidance of double payments, and related matters.
81.
At the request of any Party, the Parties will negotiate and attempt to reach agreements for
administration and delivery by a Kitsumkalum Institution of federal or provincial social services
and programs for all individuals residing on Kitsumkalum Lands.
Child Protection Services
82.
The Kitsumkalum Government may make laws in respect of Child Protection Services on
Kitsumkalum Lands with respect to Children of Kitsumkalum Families.
83.
Kitsumkalum Law under paragraph 82 will:
84.
a)
expressly provide that those laws will be interpreted and administered such that the
safety and well-being of Children are the paramount considerations; and
b)
not preclude the reporting, under Provincial Law, of a Child in Need of Protection.
If the Kitsumkalum Government makes laws under paragraph 82, the Kitsumkalum
Government will:
a)
develop operational and practice standards intended to ensure the Safety and Well-Being
of Children;
b)
participate in British Columbia’s information management systems, or establish an
information management system that is compatible with British Columbia’s information
systems, concerning Children in Need of Protection and Children in Care;
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