Kitsumkalum Agreement-in-Principle
CHAPTER 15 – PARKS, PROTECTED AREAS, AND PUBLIC PLANNING
Public Planning Processes
1.
Kitsumkalum will have the right to participate in any Public Planning Process that may be
established by British Columbia for an area either wholly or partly within the Kitsumkalum
Area in accordance with procedures established by British Columbia for that Public Planning
Process.
2.
Kitsumkalum may make proposals to British Columbia to establish a Public Planning Process
for an area wholly or partly within the Kitsumkalum Area.
3.
Nothing in the Final Agreement will obligate British Columbia to establish a Public Planning
Process within the Kitsumkalum Area.
4.
Kitsumkalum will have the right to participate in the development of the terms of reference of
any Public Planning Process under paragraphs 1 or 2.
5.
In participating in any Public Planning Process referred to in paragraphs 1 and 2 Kitsumkalum
may bring forward any matters it considers relevant, including any rights set out in the Final
Agreement.
6.
British Columbia will review and take into consideration any matters brought forward under
paragraph 5.
7.
British Columbia will provide Kitsumkalum with the draft plan resulting from any Public
Planning Process referred to in paragraphs 1 and 2, and Kitsumkalum may provide written
recommendations to the Minister on the draft plan which may be made public by British
Columbia.
8.
After considering any written recommendations received from Kitsumkalum and any matters
the Minister considers appropriate, the Minister will provide written reasons for any
Kitsumkalum recommendations that are not accepted.
9.
At the request of Kitsumkalum, the Minister will meet with Kitsumkalum to discuss any
concerns that Kitsumkalum has with the Minister’s response under paragraph 8.
10.
British Columbia may proceed with any Public Planning Process even if Kitsumkalum does not
participate in the process.
New Relationship
11.
Nothing in the Final Agreement will preclude Kitsumkalum from participating in a provincial
process or institution, including a process or institution that may address matters of shared
decision making, or benefiting from any future provincial program, policy or initiative of
general application to First Nations as British Columbia develops a new relationship with First
Nations, including the enactment of legislation to support these initiatives.
12.
If British Columbia develops a process or institution under paragraph 11, at the request of either
Party, Kitsumkalum and British Columbia will negotiate and attempt to reach agreement
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