PART VI

STRUCTURES AND PROCEDURES OF GOVERNMENT

42. There shall be a Constitution. The Constitution shall be consistent with this Agreement.

43. The Constitution shall provide for the following matters:

1. that the Council shall act on behalf of Westbank First Nation in exercising jurisdiction in accordance with this Agreement;



2. for democratic elections of Council by Members, rules for composition of Council, tenure of Council members and provision for the removal of Council members;



3. internal financial management and accountability to Members in accordance with Part IX;



4. conflict of interest rules;



5. procedures for the passage and amendment of laws for Westbank First Nation;



6. appeal mechanisms;



7. an amending procedure for the Constitution;



8. provisions for public notification of Westbank Law;



9. referendum procedures; and



10. provisions in relation to other matters over which Westbank First Nation has jurisdiction as set out in this Agreement which are determined by Westbank First Nation to be of sufficient importance to be included in the Constitution.

44.

1. The provisions of the Constitution referred to in section 43 shall be ratified by Westbank First Nation at the same time and in the same manner as ratification of this Agreement.



2. The Constitution ratified in accordance with Part XXXII shall come into force on the Effective Date.

45

1. Except as otherwise provided in this agreement, in the event of a conflict between a provision of the Constitution in relation to a matter set out in subsection 43(a) to (k) and federal law, the Constitution prevails to the extent of the conflict.



2. In the event of a conflict between a provision of the Constitution provided for in accordance with subsection 43(l) and federal law, the conflict of laws provision in the Agreement in relation to that subject matter of the conflicting provision of the Constitution shall apply.

46. The Chief and Councillors of Westbank First Nation holding office at the time this Agreement comes into effect shall form the Council until such time as elections are held pursuant to the Constitution.

47. Westbank Law may establish administrative boards, tribunals, commissions or other administrative bodies for carrying out functions under Westbank Law including the determination of matters or rights under Westbank Law except with respect to matters or rights the Constitution requires determined in a specific manner.

Judicial Review

48.

1. The Judicial Review Procedure Act of British Columbia shall apply to the Westbank First Nation.



2. For the purpose of applying the Judicial Review Procedure Act of British Columbia, an "enactment" shall mean Westbank Law.



3. Applications for judicial review shall be brought before the Supreme Court of British Columbia in accordance with the Judicial Review Procedure Act of British Columbia.

Delegation

49. Any jurisdiction of Westbank First Nation may be delegated, consistent with the Constitution and Agreement, in whole or in part to a tribal, regional or national body established by First Nations subject to:

1. the delegatee body acting under an implemented self-government agreement with Canada that provides for the exercise of such jurisdiction; or



2. a court recognizing the right of that delegatee body to exercise such jurisdiction.

50. In the exercise of jurisdiction set out in this Agreement, Westbank First Nation may delegate authority, other than law-making authority, to any tribal council, regional body or national body established by First Nations or to any other legal entity in Canada.

51. Any delegation made by Westbank First Nation pursuant to sections 49 or 50 is not valid except by written agreement with the delegatee.

52. Westbank First Nation may delegate any of its authority, other than law-making authority or authority in relation to matters the Constitution requires determined in a specific manner, to a department, institution, agency or official of Westbank First Nation government.

Governance

53. Should Westbank First Nation enter into governance arrangements with other First Nations that would establish another level of First Nation government, Canada, Westbank First Nation and the other level of government shall address which functions of the government of Westbank First Nation should remain at the individual First Nation's level, which functions should be transferred to the other level of government and what changes may be required to the existing Agreement, financial transfer agreement and implementation plan in order to ensure the stable and efficient operation of both levels of government.

Non-Member Representation

54.

1. Non-Members living on Westbank Lands or having an interest in Westbank Lands shall be provided in Westbank Law with mechanisms through which they may have input into proposed Westbank Law and proposed amendments to Westbank Law that directly and significantly affect such non-Members.



2. Westbank Law providing the mechanisms required under subsection 54(a) shall be enacted prior to any new Westbank Law being enacted by Council after the Effective Date, or within 30 days of the Effective Date, whichever is sooner.



3. Westbank Law enacted to meet the obligation referred to in subsection 54(a) shall only be amended or replaced with the consent of the non-Members living on Westbank Lands or having an interest in Westbank Lands.



4. Westbank Law enacted to meet the obligations under subsection 54(a) shall provide for the process by which the consent of the non-Members shall be obtained for the purposes in subsection 54(c).
   

Accountability

55. Financial accountability standards of Westbank First Nation shall be at least comparable to those of other public governments providing similar public services.

Indian Act, Indian Oil and Gas Act, First Nations Land Management Act

56. Except as provided for in this Agreement, the Indian Act shall no longer apply to Westbank First Nation, Council, Members and Westbank Lands.

57. The Indian Oil and Gas Act and regulations thereunder shall no longer apply to Westbank First Nation, Council, Members and Westbank Lands.

58.

1. Upon the Effective Date, the Framework Agreement on First Nation Land Management, the First Nations Land Management Act, shall no longer apply to Westbank First Nation, Council, Members and Westbank Lands.



2. Any interest in Westbank Lands approved, created, granted or any action undertaken in accordance with the First Nations Land Management Act and existing as of the Effective Date shall continue to have effect in accordance with its terms and conditions.



3. Any law enacted by Westbank First Nation in accordance with the First Nations Land Management Act shall be deemed to be in force as a Westbank Law.



4. If the First Nations Governance Act (Bill C- 7) receives Royal Assent, upon the Effective Date the First Nations Governance Act shall no longer apply to Westbank First Nation, Council, Members and Westbank Lands.

59. Westbank First Nation bylaws enacted pursuant to the Indian Act shall be deemed to be in force as a Westbank Law where the subject matter of such bylaws is a subject matter in relation to which Westbank First Nation has jurisdiction pursuant to this Agreement.

60. For greater certainty, with respect to bylaws enacted by Westbank First Nation pursuant to those provisions of the Indian Act that continue to apply, such bylaws shall remain in force as amended from time to time.

Notification to Canada of Westbank Law

61. Following the enactment of the first Westbank Law pursuant to Parts VII to XXIII, Westbank First Nation shall notify Canada at least 60 days prior to the first Westbank Law coming into force for each of Parts VII to XXIII.

62. Westbank First Nation shall provide Canada with copies of Westbank Law for Canada's internal information purposes.

63. No Westbank Law shall be considered void, invalid or unenforceable, nor shall any person's liability under Westbank Law be affected by reason only of a defect in the form or a failure to comply with sections 61 and 62.

Westbank Public Register

64. Westbank Law must be in writing and available to the public.

65. Westbank First Nation shall maintain a Westbank First Nation public register of all Westbank Law.

66. On the enactment of a Westbank Law, the original thereof shall be deposited in the Westbank First Nation's public register of Westbank Law.

Validity of Westbank Law

67. The Statutory Instruments Act shall not apply to Westbank Law.

68. A Westbank Law enacted after the Effective Date shall come into force at the beginning of the day following its enactment or such later time as is specified therein.

69. In any proceedings, a copy of a Westbank Law appearing to be certified as a true copy by an officer of the government of Westbank First Nation is, without proof of that officer's signature or official character, evidence of its enactment on the date specified in the Westbank Law.

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