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This Act is current to February 27, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Tla'amin Final Agreement Act

[SBC 2013] CHAPTER 2

CHAPTER 25 — AMENDMENT

GENERAL

1. Any Party may propose an amendment to this Agreement.

2. Before proceeding with an amendment to this Agreement under paragraph 1, the Parties will attempt to find other means to address the interests of the Party proposing the amendment.

3. Except as provided under paragraphs 9 and 10, amendments to this Agreement require the consent of the Parties.

4. Where the Parties agree to amend this Agreement, they will determine the form and wording of the amendment, including additions, substitutions and deletions.

5. Except as provided under paragraphs 9 and 10, the Parties will provide consent to an amendment to this Agreement in the following manner:

a. Canada, by order of the Governor-in-Council;

b. British Columbia, by resolution of the Legislative Assembly; and

c. the Tla'amin Nation, by a resolution adopted by a majority of elected members of Tla'amin Government.

6. Where federal or provincial legislation is required to give effect to an amendment to this Agreement, Canada or British Columbia, as the case may be, will take all reasonable steps to enact the legislation.

7. Unless the Parties otherwise agree, an amendment to this Agreement takes effect once the consent requirements under paragraph 5 are completed and any legislation referred to in paragraph 6, if applicable, has been brought into force.

8. Each Party will give notice to the other Parties when consent in accordance with paragraph 5 has been given and when any legislation referred to in paragraph 6, if applicable, has been brought into force.

9. Where this Agreement provides that the Parties will amend this Agreement upon the happening of an event:

a. the requirements for consent referred to in paragraphs 3 and 5 will not apply;

b. paragraph 7 will not apply;

c. as soon as possible after the happening of the event:

i. the Parties will take all steps necessary to conclude and give effect to the amendment including those steps referred to in paragraph 4 and, if applicable, paragraph 6; and

ii. each Party will provide notice to the other Parties when it has completed all of its respective requirements to conclude and give effect to the amendment; and

d. the amendment will take effect on the date agreed by the Parties, but if no date is agreed to, on the date that the last Party provides notice to the other Parties that it has completed all of its requirements to conclude and give effect to the amendment.

10. Notwithstanding paragraphs 2 to 9, where:

a. this Agreement provides that:

i. the Parties, or any two of them, will negotiate and attempt to reach agreement in respect of a matter that will result in an amendment to this Agreement; and

ii. if agreement is not reached, the matter will be finally determined by arbitration in accordance with the Dispute Resolution Chapter; and

b. those Parties have reached an agreement or the matter has been finally determined by arbitration,

this Agreement will be deemed to be amended on the date that the agreement or the decision of the arbitrator takes effect, as the case may be.

11. In respect of amendments contemplated by paragraph 10, the applicable Parties will:

a. provide notice to any Party not a party to an agreement reached or an arbitrator's decision, as the case may be; and

b. agree on the form and wording of the amendment.

12. In the case of an arbitrator's decision referred to in paragraph 10, if the Parties are unable to agree, the form and wording of the deemed amendment will be finally determined by the arbitrator.

IMPLEMENTATION OF AMENDMENTS

13. The Parties will take the necessary steps to implement an amendment to this Agreement as soon as possible after the amendment takes effect.

14. Amendments to this Agreement will be:

a. published by Canada in the Canada Gazette;

b. published by British Columbia in the British Columbia Gazette; and

c. deposited by the Tla'amin Nation in the Tla'amin registry of laws as contemplated under this Agreement.

15. For the purposes of paragraph 14.b, where an amendment to this Agreement relates to the description of Tla'amin Lands resulting, without limitation, from any re-surveying of Tla'amin Lands or any addition or removal of land from Tla'amin Lands, British Columbia may at its option:

a. publish a new mapsheet in the British Columbia Gazette; or

b. provide a website link in the British Columbia Gazette where the new mapsheet may be accessed.

Contents | Sections 1 to 28 | Schedule - Contents | Schedule - Preamble | Schedule - Chapter 1 | Schedule - Chapter 2 | Schedule - Chapter 3 | Schedule - Chapter 4 | Schedule - Chapter 5 | Schedule - Chapter 6 | Schedule - Chapter 7 | Schedule - Chapter 8 | Schedule - Chapter 9 | Schedule - Chapter 10 | Schedule - Chapter 11 | Schedule - Chapter 12 | Schedule - Chapter 13 | Schedule - Chapter 14 | Schedule - Chapter 15 | Schedule - Chapter 16 | Schedule - Chapter 17 | Schedule - Chapter 18 | Schedule - Chapter 19 | Schedule - Chapter 20 | Schedule - Chapter 21 | Schedule - Chapter 22 | Schedule - Chapter 23 | Schedule - Chapter 24 | Schedule - Chapter 25 | Schedule - Chapter 26 | Appendix - Contents | Appendix - Introduction | Appendix - Appendix A | Appendix - Appendix B | Appendix - Appendix C | Appendix - Appendix D | Appendix - Appendix E | Appendix - Appendix F | Appendix - Appendix G | Appendix - Appendix H | Appendix - Appendix I | Appendix - Appendix J | Appendix - Appendix K | Appendix - Appendix L | Appendix - Appendix M | Appendix - Appendix N | Appendix - Appendix O | Appendix - Appendix P | Appendix - Appendix Q | Appendix - Appendix R | Appendix - Appendix S | Appendix - Appendix T | Appendix - Appendix U | Appendix - Appendix V | Appendix - Appendix W | Appendix - Appendix X