Kitsumkalum Agreement-in-Principle
Interpretation
59.
To the extent of any inconsistency, the provisions in the General Provisions Chapter of the Final
Agreement will prevail over the provisions in the other chapters of the Final Agreement.
60.
The terms of the Final Agreement will not be presumed to be interpreted in favour of any Party.
61.
No agreement, plan, guideline or other document made by a Party or Parties that is referred to in
or contemplated by the Final Agreement, including an agreement that is reached as a result of
negotiations that are required or permitted by the Final Agreement is:
62.
a)
part of the Final Agreement; or
b)
a treaty or land claims agreement, or recognizes or affirms aboriginal or treaty rights,
within the meaning of sections 25 and 35 of the Constitution Act, 1982.
In this Agreement:
a)
a reference to a statute will include every amendment to it, every regulation made under
it, and any law enacted in substitution for, or in replacement of it;
b)
a reference to “Canada’s international legal obligations” will include those which are in
effect on, or after, the Effective Date;
c)
unless it is otherwise clear from the context, the use of the singular will include the
plural, and the use of the plural will include the singular;
d)
“or” is used in its inclusive sense, meaning X or Y, or both X and Y;
e)
“and” is used in its joint sense, meaning X and Y, but not either alone;
f)
“will” denotes an obligation that, unless this Agreement provides to the contrary, must
be carried out as soon as practicable after the Effective Date or the event that gives rise
to the obligation;
g)
“may” is to be construed as permissive, but the use of the words “may not” are to be
construed as disempowering;
h)
“including” means “including, but not limited to”, and “includes” means “includes, but
not limited to”;
i)
“harvest” includes an attempt to harvest;
j)
unless it is otherwise clear from the context, a reference in a chapter of this Agreement
to a “paragraph”, “subparagraph” or “Schedule” means a paragraph, subparagraph or
schedule of that chapter, and
k)
headings and subheadings are for convenience only, do not form a part of this
Agreement, and in no way define, limit, alter or enlarge the scope or meaning of any
provision of this Agreement.
63.
For greater certainty, the Parties acknowledge that the Official Languages Act applies to the
Final Agreement, including the execution of the Final Agreement.
64.
The Final Agreement may set out other provisions concerning interpretation of the Final
Agreement.
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