Kitsumkalum Agreement-in-Principle
authorized to sell liquor by the British Columbia Liquor Distribution Branch, in accordance
with Federal Law and Provincial Law.
121.
British Columbia will, in accordance with Provincial Law, authorize persons designated by the
Kitsumkalum Government to approve or deny applications for special occasion licences to sell
liquor on Kitsumkalum Lands.
Administration of Justice
Penalties
122.
Kitsumkalum Law may provide for the imposition of sanctions, including fines, Administrative
Penalties, community service, restitution and imprisonment, for the violation of Kitsumkalum
Law.
123.
Except as provided in paragraph 6 of the Taxation Chapter, Kitsumkalum Law may provide for:
a)
a maximum fine that is not greater than that which may be imposed for comparable
regulatory offences punishable by way of summary conviction under Federal Law or
Provincial Law; and
b)
a maximum Administrative Penalty that is not greater than that which may be imposed
for a breach of a comparable regulatory requirement under Federal Law or Provincial
Law.
124.
Where there is no comparable regulatory offence or regulatory requirement under Federal Law
or Provincial Law, the maximum fine or Administrative Penalty will not be greater than the
general limit for offences under the Offence Act.
125.
Subject to paragraph 6 of the Taxation Chapter, Kitsumkalum Law may provide for a maximum
term of imprisonment that is not greater than the general limit for offences under the Offence
Act.
Enforcement of Kitsumkalum Law
126.
The Kitsumkalum Government is responsible for the enforcement of Kitsumkalum Law.
127.
At the request of Kitsumkalum, the Parties may negotiate and attempt to reach agreement for
the enforcement of Kitsumkalum Law by a police force or federal or provincial enforcement
officials.
128.
The Kitsumkalum Government may make laws for the enforcement of Kitsumkalum Law,
including:
129.
a)
the appointment of officials to enforce Kitsumkalum Law; and
b)
powers of enforcement provided such powers will not exceed those provided by Federal
Law or Provincial Law for enforcing similar laws in British Columbia.
The Kitsumkalum Government law-making authority in paragraph 128 does not include the
authority to:
a)
establish a police force, regulate police activities, or appoint peace officers (including
but not limited to police officers); or
b)
authorize the acquisition, possession, transport, carrying or use of a firearm,
ammunition, prohibited weapon or prohibited device as these terms are defined in Part
III of the Criminal Code,
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