CHAPTER 27 AMENDMENT

27.1  GENERAL

27.1.1  Any Party may propose an amendment to this Agreement.

27.1.2  Before proceeding with an amendment to this Agreement under section 27.1.1, the Parties will attempt to find other means to address the interests of the Party proposing the amendment.

27.1.3  Except as provided under 27.1.9 and 27.1.10, amendments to this Agreement require the consent of the Parties.

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

27.1.5  Except as provided under 27.1.9 and 27.1.10, 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 a resolution of the Legislative Assembly of British Columbia; and

c. Yale First Nation by a resolution adopted by at least two-thirds of the elected members of Yale First Nation Government.

27.1.6  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.

27.1.7  Unless the Parties agree otherwise, an amendment to this Agreement takes effect once the consent requirements under 27.1.5 are completed and any legislation required under 27.1.6, if applicable, has been brought into force.

27.1.8  Each Party will give notice to the other Parties when consent in accordance with 27.1.5 has been given and when any legislation referred to in 27.1.6, if applicable, has been brought into force.

27.1.9  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 27.1.3 and 27.1.5 will not apply;

b. 27.1.7 will not apply;

c. as soon as practicable 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 27.1.4 and if applicable 27.1.6; 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.

27.1.10  Notwithstanding 27.1.1 through 27.1.8, if:

a. this Agreement provides:

i. that any of 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, including a change to a Schedule or an Appendix; and

ii. that if agreement is not reached, the matter will be finally determined by arbitration in accordance with Chapter 24 Dispute Resolution; 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 the agreement or the decision of the arbitrator, as the case may be, takes effect.

27.1.11  In respect of amendments contemplated by 27.1.10, the applicable Parties will:

a. provide notice to any Party that is not a party to the agreement reached or of any arbitrator's decisions, as the case may be; and

b. agree on the form and wording of the amendment, including additions, substitutions and deletions.

27.1.12  In the case of an arbitrator's decision referred to in 27.1.10, if the Parties are unable to agree, the form and wording of the amendment will be finally determined by the arbitrator.

Implementation of Amendments

27.1.13  The Parties will take the necessary steps to implement an amendment to this Agreement after the amendment takes effect.

27.1.14  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 Yale First Nation in the Yale First Nation registry of laws as contemplated under this Agreement.

27.2  PERIODIC REVIEW

27.2.1  The Parties recognize and acknowledge that this Agreement provides a foundation for an ongoing relationship among the Parties and commit to conducting a periodic review of this Agreement in accordance with 27.2.2 through 27.2.8.

27.2.2  Sixty days before each Periodic Review Date, each Party will provide the other Parties with notice if the Party wishes to discuss a matter contemplated by 27.2.3, and if no notice is provided by any Party, the Parties will forgo engaging in a review for that Review Period.

27.2.3  The purpose of the periodic review is to provide an opportunity for the Parties to meet and discuss:

a. practicability of the harmonization of Yale First Nation legal and administrative systems, including law-making authorities that are being exercised by Yale First Nation Government, under this Agreement, with those of British Columbia and Canada;

b. practicability of processes established by the Parties in accordance with this Agreement; and

c. other matters with respect to the implementation of this Agreement as the Parties may agree in writing.

27.2.4  Unless the Parties otherwise agree, the discussion contemplated by 27.2.3 will take place on the Periodic Review Date and such other dates as the Parties agree, but will not exceed the applicable Review Period, and within 60 days of the end of that discussion each Party will provide the other Parties with its response on any matter discussed during that Review Period.

27.2.5  The periodic review contemplated by 27.2 and all discussions and information relating to the matters of the periodic review are without prejudice to the respective legal positions of the Parties, unless the Parties otherwise agree, and nothing made or done in respect of a periodic review, including the discussions or the responses provided by the Parties, except for the amendments made in accordance with 27.2.7, creates any legally binding rights or obligations.

27.2.6  Except for the Parties' commitment to meet and provide written responses as described in 27.2.4, neither the periodic review process contemplated by 27.2, nor the decisions and actions of the Parties relating in any way to the periodic review process, are:

a. subject to the process described in Chapter 24 Dispute Resolution; or

b. reviewable by a court or in any other forum.

27.2.7  For greater certainty:

a. none of the Parties are required to agree to amend this Agreement or any agreement contemplated by this Agreement as a result of the periodic review contemplated by 27.2;

b. if the Parties agree to amend this Agreement, any such amendment will be made in accordance with 27.1; and

c. if the Parties agree to amend an agreement contemplated by this Agreement, the agreement will be amended in accordance with its terms.

27.2.8  Each of the Parties is responsible for its own costs in relation to the periodic review process.

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