Kitsumkalum Agreement-in-Principle
Consultation
65.
66.
The Final Agreement will provide that neither Canada nor British Columbia has any obligation
to consult with Kitsumkalum except:
a)
as provided for in the Final Agreement;
b)
as provided for in federal or provincial legislation;
c)
as provided for in other agreements with Kitsumkalum; and
d)
as may be required at common law in relationship to an infringement of a Kitsumkalum
Section 35 Right.
Nothing in the Final Agreement, nor any action or authority taken, exercised or carried out by
Canada or British Columbia in accordance with the Final Agreement is, or will be interpreted as
an infringement of a Kitsumkalum Section 35 Right.
Information and Privacy
67.
For the purposes of federal and provincial access to information and privacy legislation,
information that the Kitsumkalum Government provides to Canada or British Columbia in
confidence is deemed to be information received or obtained in confidence from another
government.
68.
If the Kitsumkalum Government requests disclosure of information from Canada or British
Columbia, the request will be evaluated as if it were a request by a province for disclosure of
that information, but Canada and British Columbia are not required to disclose to the
Kitsumkalum Government information that is only available to a particular province or
particular provinces or that is not available to any provinces.
69.
The Parties may enter into agreements in respect of any one or more of the collection,
protection, retention, use, disclosure and confidentiality of personal, general or other
information in accordance with any applicable legislation, including federal and provincial
access to information and privacy legislation.
70.
Canada or British Columbia may provide information to the Kitsumkalum Government in
confidence if Kitsumkalum has made a law or has entered into an agreement with Canada or
British Columbia, as the case may be, under which the confidentiality of the information will be
protected.
71.
Notwithstanding any other provision of this Agreement:
a)
Canada and British Columbia are not required to disclose any information that they are
required to or authorized to withhold under any Federal Law or Provincial Law,
including under sections 37 to 39 of the Canada Evidence Act;
b)
if federal or provincial legislation allows the disclosure of certain information only if
specified conditions for disclosure are satisfied, Canada and British Columbia are not
required to disclose that information unless those conditions are satisfied; and
c)
the Parties are not required to disclose any information that may be withheld under a
privilege at law.
Entire Agreement
72.
The Schedules and Appendices to the Final Agreement will form part of the Final Agreement.
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