Kitsumkalum Agreement-in-Principle
13.
m)
that every person who is enrolled under the Final Agreement is entitled to be a
Kitsumkalum Member,
n)
for a transitional Kitsumkalum Government from the Effective Date until the first
elected Kitsumkalum Government takes office;
o)
for a process for the amendment of the Kitsumkalum Constitution; and
p)
other provisions as determined by Kitsumkalum.
The Kitsumkalum Constitution, once ratified in accordance with the Final Agreement, will
come into force on the Effective Date.
Appeal and Review of Administrative Decisions
14.
The Kitsumkalum Government may establish processes for appeal or review of administrative
decisions made by Kitsumkalum Institutions and if those processes provide for a right of appeal
to a court, the Supreme Court of British Columbia will have jurisdiction to hear those appeals.
15.
The Supreme Court of British Columbia has jurisdiction to hear applications for judicial review
of administrative decisions taken by Kitsumkalum Institutions under Kitsumkalum Law,
provided no application for judicial review of those decisions may be brought until all
procedures for appeal or review provided by the Kitsumkalum Government and applicable to
that decision have been exhausted.
16.
The Judicial Review Procedure Act applies to an application for judicial review under paragraph
15 as if the Kitsumkalum Law were an “enactment” within the meaning of that Act.
Registry of Laws
17.
The Kitsumkalum Government will:
a)
maintain a public registry of Kitsumkalum Law in the English language which will be
the authoritative version and, at the discretion of the Kitsumkalum Government, in the
Sm’algyx language; and
b)
provide Canada and British Columbia with copies of Kitsumkalum Law as soon as
practicable after they are enacted.
Notification of Provincial Legislation
18.
Subject to paragraph 24, or an agreement under paragraph 21, before legislation is introduced in
the Legislative Assembly, or before a regulation is approved by the Lieutenant-Governor-inCouncil, British Columbia will notify Kitsumkalum if:
a)
the Final Agreement provides the Kitsumkalum Government law-making authority in
respect of the subject matter of the legislation or regulation;
b)
the legislation or regulation may affect the protections, immunities, limitations in respect
of liability, remedies over and rights referred to in paragraphs 161 to 162; or
c)
the legislation or regulation may affect:
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