Kitsumkalum Agreement-in-Principle
i)
the rights, powers, duties, obligations; or
ii)
the protections, immunities, and/or limitations in respect of liability,
referred to in paragraph 49 of the Emergency Preparedness section,
except where this cannot be done for reasons of emergency or confidentiality.
19.
If British Columbia does not notify Kitsumkalum under paragraph 18 for reasons of emergency
or confidentiality, British Columbia will notify Kitsumkalum that the legislation has been
introduced in the Legislative Assembly, or the regulation, as the case may be, has been
deposited with the Registrar of Regulations.
20.
Notifications under paragraphs 18 and 19 will include:
a)
the nature and purpose of the proposed legislation or regulation; and
b)
the date the proposed legislation or regulation is anticipated to take effect, if it has not
already done so.
21.
Kitsumkalum and British Columbia may enter into an agreement establishing alternatives to the
obligations which would otherwise apply under paragraphs 18 to 20 and 22.
22.
Subject to paragraph 23 and 24, or an agreement under paragraph 21, if, within 30 days after
notice is given under paragraphs 18 or 19 or by agreement under paragraph 21, Kitsumkalum
makes a written request to British Columbia, then British Columbia and Kitsumkalum will
discuss the effect of the legislation or regulation, if any, on:
23.
a)
a Kitsumkalum Law; or
b)
a matter referred to in subparagraphs 18.b) or 18.c).
If British Columbia establishes a process providing for collective discussion with First Nation
Governments in British Columbia in relation to matters referred to in paragraph 22:
a)
Kitsumkalum will be invited to participate in that process; and
b)
the process will be deemed to satisfy British Columbia’s obligation for discussion in
respect of a particular matter under paragraph 22.
24.
If Kitsumkalum is a member of a representative body, and with the consent of Kitsumkalum,
British Columbia and that body have entered into an agreement providing for consultation in
respect of matters under paragraphs 18, 19 and 22, then consultations in respect of a particular
matter will be deemed to satisfy British Columbia’s obligations for notification under paragraph
18, and 19 and discussion under paragraph 22
25.
Unless British Columbia agrees otherwise, Kitsumkalum will retain the information provided
under paragraphs 18 to 24 in strict confidence until such time, if ever, the draft legislation is
given first reading in the Legislative Assembly or a regulation is deposited with the registrar of
regulations, as applicable.
26.
The Parties acknowledge that nothing in paragraphs 18 to 24 is intended to interfere with British
Columbia’s legislative process.
27.
Notwithstanding any other provision of this Agreement, to the extent that provincial legislation
or a regulation referred to in paragraph 18 affects the validity of a Kitsumkalum Law, the
Kitsumkalum Law will be deemed to be valid for a period of six months after the coming into
force of the provincial legislation or regulation.
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