Kitsumkalum Agreement-in-Principle
Gathering Information
14.
Before the Effective Date, Kitsumkalum will provide British Columbia with general
information regarding where and when Kitsumkalum exercises the Kitsumkalum Right to
Gather Plants, and what Plants are harvested.
15.
Kitsumkalum and British Columbia may enter into an agreement with respect to information
sharing regarding gathering.
16.
In the absence of agreement under paragraph 15, the Minister may request the following
information with respect to the exercise of the Kitsumkalum Right to Gather Plants:
a)
harvest location;
b)
time of harvest; and
c)
Plant species harvested.
17.
When making a request for information under paragraph 16, the Minister will provide
Kitsumkalum with sufficient information to enable it to be adequately informed of the purpose
for the request.
18.
Kitsumkalum will make reasonable efforts to provide the information requested under
paragraph 16.
19.
If Kitsumkalum is unable to provide the information requested under paragraph 16:
a)
Kitsumkalum will provide the Minister with an explanation of why it is unable to
provide the information; and
b)
if the Minister is unsatisfied with the explanation provided by Kitsumkalum, the
Minister may refer the matter for resolution in accordance with the Dispute Resolution
Chapter.
Trade, Barter and Sale
20.
Kitsumkalum will have the right to Trade and Barter among themselves, or with other
aboriginal people of Canada in British Columbia, any Plants gathered under the Kitsumkalum
Right to Gather Plants.
21.
Except as otherwise provided under Kitsumkalum Law, Kitsumkalum Members may exercise
the right to Trade or Barter Plants, under paragraph 20.
22.
Kitsumkalum and Kitsumkalum Members may, in accordance with Federal Law or Provincial
Law, sell Plants harvested under the Kitsumkalum Right to Gather Plants.
23.
The Kitsumkalum right to Trade and Barter under paragraph 20 is held by Kitsumkalum and
cannot be alienated.
Law-Making
24.
The Kitsumkalum Government may make laws in respect of the Kitsumkalum Right to Gather
Plants for:
a)
designating Kitsumkalum Members to gather Plants;
b)
the distribution of gathered Plants among Kitsumkalum Members; and
c)
Trade and Barter of the Plants gathered by Kitsumkalum Members.
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