PART XXXIII

GENERAL

Review

286. Unless the Parties otherwise agree, the Parties shall review this Agreement within five years of the ratification by Westbank First Nation to consider the following:

1. whether this Agreement has been implemented in accordance with the implementation plan;



2. whether any transfer of programs, responsibilities and resources pursuant to this Agreement has been successfully implemented;



3. the effectiveness of this Agreement to implement the inherent right of self-government compared to other self-government agreements in British Columbia;



4. the effectiveness of this Agreement to incorporate implementation of the financial transfer agreements compared to other self-government agreements in British Columbia;



5. in consultation with the province, progress made in treaty-making and its relationship with this Agreement; and



6. whether this Agreement should be amended to reflect mutually agreed upon conclusions.

287. The Parties agree to address issues arising out of section 286 with a view to resolution.

Westbank Internal Transfer of Rights and Interests

288. For greater certainty, upon the Effective Date, all the rights, titles, interests, assets, obligations and liabilities of the Band, thereafter known as the Westbank First Nation, shall continue to be vested in Westbank First Nation.

Professions and Trades

289.

1. Subject to sections 175 and 191, federal and provincial laws apply in respect of the accreditation and certification of professions and trades, including education professionals.



2. In the event of a conflict between federal and provincial laws in relation to accreditation, certification or professional conduct of professions and trades and Westbank Law enacted in accordance with any of the provisions of the Agreement, the federal or provincial law shall prevail to the extent of the conflict.

Reference to Legislation

290. Citation of legislation refers to legislation as amended from time to time:

1. except where a specific date is indicated; and



2. for greater certainty, reference to the Constitution Act, 1982 includes the 1983 amendments and any further amendments.

Canadian Human Rights Act

291. Nothing in this Agreement limits the operation of the Canadian Human Rights Act in respect of the Westbank First Nation and Westbank Lands and Members. The interpretation and application of the Canadian Human Rights Act in respect of Westbank First Nation and Westbank Lands and Members shall take into account:

1. the nature and purpose of this Agreement; and



2. the entitlement of Westbank First Nation to provide programs and services either exclusively or on a preferential basis to Members, where justifiable; and



3. the entitlement of Westbank First Nation to give preference to its Members in hiring employees and contractors for Westbank First Nation operations, where justifiable.

Freedom of Information and Privacy

292. Canada will present, in the Legislation, amendments to the Access to Information Act and the Privacy Act to protect from disclosure information provided in confidence by the Westbank First Nation as if it were information provided to Canada by another government in Canada.

293. Canada will present, in the Legislation, amendments to the Privacy Act to allow Westbank First Nation access to information necessary for Westbank First Nation to exercise its jurisdictions under this Agreement.

294. The Parties may enter into agreements in respect of any one or more of the collection, protection, retention, use, disclosure and confidentiality of personal, general or other information.

295. Canada may provide information to Westbank First Nation in confidence if Westbank First Nation has made a law or has entered into an agreement with Canada under which the confidentiality of the information will be protected.

296. Notwithstanding any other provision of this Agreement:

1. Canada is not required to disclose any information that it is required to withhold under any federal law;



2. if federal legislation allows the disclosure of certain information only if specified conditions for disclosure are satisfied, Canada is not required to disclose that information unless those conditions are satisfied; and



3. the Parties are not required to disclose any information that may be withheld under a privilege at law or under sections 37 to 39 of the Canada Evidence Act.

Liability

297.

1. Westbank First Nation is not liable in respect of anything done or omitted to be done by Her Majesty in Right of Canada or any person or body authorized by Her Majesty in the exercise of any federal rights, powers or responsibilities arising from applicable federal law which:
   1. are in relation to the same subject matters set out in this Agreement and for which there has been no corresponding exercise of jurisdiction by Westbank First Nation at the time of the act or omission; or
   2. occurred prior to the Effective Date
   
   
   
2. Her Majesty in Right of Canada is not liable in respect of anything done or omitted to be done by Westbank First Nation or any person or body authorized by Westbank First Nation:
   1. in relation to Westbank Lands that occurred after the Effective Date; or
   2. in the exercise of any rights, powers or responsibilities arising from Westbank Law.

298. The terms of this Agreement do not constitute nor shall they be interpreted as constituting a waiver by Westbank First Nation in regard to any liabilities, acts or omissions of Canada.

Amendment

299. This Agreement may be amended where consent of each Party is obtained. Westbank First Nation's consent to any amendment shall be obtained in accordance with any referendum procedures of the Westbank First Nation and any procedures for ratification referred to in section 284. Canada's consent to any amendment shall be by way of Order-in-Council.

Entire Agreement

300. This Agreement is the entire agreement between the Parties in respect of the subject matter of this Agreement and, except as set out in this Agreement, there is no representation, warranty, collateral agreement, condition, right, or obligation affecting this Agreement.

301. The preamble and schedule to the Agreement form part of the Agreement.

302. The preamble, the several Parts and the schedule of the Agreement shall be read together and interpreted as one agreement.

Interpretation

303. There is no presumption that doubtful expressions, terms or provisions in this Agreement are to be resolved in favour of any particular Party.

304. In this Agreement:

1. unless it is otherwise clear from the context, the use of the word "including" means "including, but not limited to", and the use of the word "includes" means "includes, but is not limited to";



2. unless it is otherwise clear from the context, a reference to a "Part", "section", "subsection", "Schedule", or "Appendix" means a Part, section, subsection, schedule, or appendix, respectively, of this Agreement;



3. headings and subheadings are for convenience only, do not form a part of this Agreement and in no way define, limit, alter or enlarge the scope or meaning of any provision of this Agreement; and



4. unless it is otherwise clear from the context, the use of the singular includes the plural and the use of the plural includes the singular.

Notice

305. In sections 306 to 311 "communication" includes a notice, document, request, approval, authorization or consent.

306. Unless otherwise set out in this Agreement, a communication between the Parties under this Agreement must be:

1. delivered personally or by courier;



2. transmitted by fax; or



3. mailed by prepaid registered post in Canada.

307. A communication shall be considered to have been given, made or delivered, and received:

1. if delivered personally or by a courier, at the start of business on the next business day after the business day on which it was received by the addressee or a responsible representative of the addressee;



2. if transmitted by fax and the sender receives confirmation of the transmission, at the start of business on the business day following the day on which it was transmitted; or



3. if mailed by prepaid registered post in Canada, when the postal receipt is acknowledged by the addressee.

308. The Parties may agree to give, make or deliver a communication by means other than those provided in section 306.

309. The Parties will provide to each other addresses for delivery of communications under this Agreement and, subject to section 311, will deliver a communication to the address provided by each other Party.

310. A Party may change its address or fax number by giving notice of the change to the other Party.

311. If no other address for delivery of a particular communication has been provided by a Party, a communication will be delivered, mailed to the address or transmitted to the fax number of the intended recipient as set out below:

Signed in Westbank, British Columbia this ______ Day of __________________, 2003.

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