Kitsumkalum Agreement-in-Principle
6.
7.
If a Federal Project described in paragraph 4 is referred to a panel under the Canadian
Environmental Assessment Act, 2012, Kitsumkalum will have the opportunity to propose to the
Minister a list of names that the Minister may consider for appointment to any panel unless:
a)
the panel is a decision-making body, such as the National Energy Board; or
b)
Kitsumkalum is a proponent of the Federal Project.
If a Federal Project described in paragraph 4 is referred to a panel under the Canadian
Environmental Assessment Act, 2012, Kitsumkalum will have formal standing before that panel.
Participation in Provincial Environmental Assessment Processes
8.
9.
If a Provincial Project is located within the Kitsumkalum Area or may reasonably be expected
to adversely affect Kitsumkalum Lands, the residents of such lands, or Kitsumkalum Section 35
Rights, British Columbia will ensure Kitsumkalum:
a)
is Consulted regarding the environmental, economic, social, heritage, or health effects of
the Provincial Project; and
b)
receives an opportunity to participate in the Environmental Assessment of the Provincial
Project.
British Columbia will respond to any views provided by Kitsumkalum to British Columbia in
paragraph 8 before making a decision that would have the effect of enabling the Provincial
Project to be carried out in whole or in part.
Law-Making
10.
The Kitsumkalum Government may make laws applicable on Kitsumkalum Lands in respect of:
a)
Environmental Assessment for Kitsumkalum Projects; and
b)
environmental management relating to the protection, preservation and conservation of
the Environment, including:
i)
prevention, mitigation and remediation of pollution and degradation of the
Environment;
ii)
waste management, including solid wastes and wastewater;
iii)
protection of local air quality; and
iv)
Environmental Emergency response.
11.
Kitsumkalum Law under subparagraph 10(a) in respect of Kitsumkalum Projects that are also
Federal Projects will have the equivalent effect of, or exceed, the requirements of the Canadian
Environmental Assessment Act, 2012.
12.
If Kitsumkalum exercises law-making authority under subparagraph 10(a), Canada and
Kitsumkalum will negotiate and attempt to reach agreement to:
13.
a)
coordinate the respective Environmental Assessment requirements; and
b)
avoid duplication where the Kitsumkalum Project is also a Federal Project.
Federal Law or Provincial Law prevails to the extent of a Conflict with Kitsumkalum Law
under paragraph 10.
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