Part 12 - Review and Amendment

Review

237. Unless the parties otherwise agree, the parties shall undertake a review within five years of the coming into force of this Agreement to determine whether:
     
     
     1. the parties have fulfilled their respective obligations as set out in the Implementation Agreement referred to in clause 230; and
        
        
     2. the transfer of responsibilities and resources pursuant to this Agreement have been implemented.
        
        
238. Pursuant to clause 237, the parties agree to address and make best efforts to resolve any issue arising from the review.
     
     

Amendments

239. This Agreement may be amended only with the consent of the United Anishnaabeg Councils and Canada.
     
     
240. Consent to any amendment may only be given on the part of Canada, by signing of an agreement by the Minister as authorized by the Governor in Council.
     
     
241. If federal legislation is required to give effect to an amendment, Canada shall recommend to Parliament the enactment of legislation giving effect to the amendment.
     
     
242. Consent to any amendment may only be given on the part of the United Anishnaabeg Councils on behalf of the First Nations by signing of an agreement by the United Anishnaabeg Councils as authorized by the First Nations.
     
     
243. Consent to any amendment pursuant to clause 242 may only be given by each First Nation in accordance with procedures to amend its First Nation gchi-naaknigewin.
     
     
244. Pursuant to clause 143, this Agreement may be amended to reflect any arrangements agreed to by Canada and the First Nations.
     
     
245. Pursuant to clause 145, this Agreement may be amended to reflect any arrangements agreed to by Canada, the First Nations and Ontario.
     
     

Judicial Determinations in Respect of Validity

246. If a court determines any provision of this Agreement to be invalid or unenforceable:
     
     
     1. the parties shall make best efforts to discuss and where possible remedy or replace the provision;
        
        
     2. the provision shall be severable from this Agreement to the extent of the invalidity or unenforceability, and the remainder of this Agreement will be construed, to the extent possible, to give effect to the intent of the parties; and
        
        
     3. where appropriate, Canada shall recommend to Parliament the enactment of legislation to give effect to the remedy or replacement of the provision.
        
        
247. A breach of this Agreement by a party does not relieve any party from its obligations under this Agreement.
     
     

Adhesion to Agreement

248. This Agreement may be amended to include bands under the Indian Act which are not party to the Agreement.
     
     
249. Pursuant to clause 248, the band adhering to the Agreement must ratify the Agreement following the same process as set out in this Agreement.
     
     
250. The Governor in Council may, by order, add the name of the band to the Agreement.