Kitsumkalum Agreement-in-Principle
Non-Member Resident Representation
163.
The Final Agreement will provide that individuals residing on Kitsumkalum Lands who are not
Kitsumkalum Members:
a)
are consulted about the Kitsumkalum Government decisions which directly and
significantly affect them; and
b)
have means of participation in subordinate elected bodies whose activities directly and
significantly affect them, including access to review and appeal procedures.
164.
In addition to the requirement to consult under paragraph 163, the Kitsumkalum Government
will provide Non-Member Residents with the opportunity to participate in the decision-making
processes of a Kitsumkalum Public Institution if the activities of that Kitsumkalum Public
Institution directly and significantly affect Non-Member Residents.
165.
The Kitsumkalum Government will establish the means of participation under paragraph 163 by
Kitsumkalum Law at the same time that it establishes a Kitsumkalum Public Institution whose
activities may directly and significantly affect Non-Member Residents.
Transitional Provisions
Kitsumkalum Government
166.
The Chief Councillor and Councillors of Kitsumkalum Band Council under the Indian Act on
the day immediately before the Effective Date are deemed the elected members of the
Kitsumkalum Government from the Effective Date until the office holders elected in the first
election take office.
167.
The first election for the officers of the Kitsumkalum Government will be initiated no later than
six months after the Effective Date and the office holders elected in the election will take office
no later than one year after the Effective Date.
Law-making by the Kitsumkalum Government
168.
Before the Kitsumkalum Government makes a Kitsumkalum Law in respect of adoption, Child
Protection Services, health services, family and social services, Child Care, or kindergarten to
grade 12 education, the Kitsumkalum Government will give at least six months written notice of
its intention to exercise the law-making authority to Canada and British Columbia.
169.
Upon agreement by the Parties, the Kitsumkalum Government may exercise a law-making
authority before the expiration of the six month notice period required in accordance with
paragraph 168.
170.
At the written request of Canada or British Columbia made within three months of receiving
notice under paragraph 168, Kitsumkalum will Consult with Canada or British Columbia, as the
case may be, in respect of:
a)
options to address the interests of the Kitsumkalum Government through methods other
than the exercise of law-making authority;
b)
the comparability of standards to be established under Kitsumkalum Law to standards
set out in Provincial Law;
c)
immunity of individuals providing services or exercising authority under Kitsumkalum
Law;
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