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S'ólh Téméxw Stewardship Alliance - Canada Consultation and Engagement Protocol
The S'ólh Téméxw Stewardship Alliance
as comprised of:
Chawathil First Nation, Cheam First Nation, Kwaw-Kwaw-Apilt First Nation, Sq'éwlets (Scowlitz) First Nation, Sq'ewá:lwx (Skawahlook) First Nation, Skwah First Nation, Semá:th (Sumas) First Nation, and Yale First Nation each on their own behalf,
and Aitchelitz First Nation, Shxwhá:y Village, Skowkale First Nation, Soowahlie First Nation, Squiala First Nation, Tzeachten First Nation and Yakweakwioose First Nation, as represented by Ts'elxwéyeqw Tribe Limited Partnership
(the "Stó:lō First Nations")
Her Majesty the Queen in Right of Canada
as represented by the Minister of Indian Affairs and Northern Development ("Canada")
(each a "Party" and collectively the "Parties")
- The Stó:lō First Nations are part of the Stó:lō Indigenous people with Stó:lō Rights in S'ólh Téméxw, including a unique relationship with the land, the waters and the resources within the lower Fraser River watershed of British Columbia; they share language, traditions, customary laws, history, a relationship to the land that is essential to their culture and the maintenance of their community, and a desire to safeguard the health and wellbeing of their communities now and for future generations, in accordance with their system of values, through respectful land and resource use and management as prescribed in the S'ólh Téméxw Stewardship Alliance Land and Resource Use Consultation and Decision-making Policy;
- The Parties are interested in developing a process for effectively and comprehensively identifying and informing each other of potential impacts on Stó:lō Rights and S'ólh Téméxw that may arise as a result of contemplated federal Crown decisions and activities;
- The Parties are committed to moving forward together in the spirit of reconciliation. Canada is committed to building a government-to-government, nation-to-nation relationship with Indigenous peoples based on recognition of rights, respect, co- operation and partnership as reflected in the Principles Respecting the Government of Canada's Relationship with Indigenous Peoples, and implementing the United Nations Declaration on the Rights of Indigenous Peoples in a manner consistent with Canada's Constitution;
- The Parties wish to have a more effective government-to-government, nation-to- nation engagement process, to establish a framework to govern the conduct of their engagement when Canada contemplates Crown decisions or activities that would trigger a legal duty to consult the Stó:lō First Nations in respect of impacts on Stó:lō Rights and S'ólh Téméxw, and to facilitate meaningful dialogue and a respectful relationship between them.
Now therefore the Parties agree as follows:
- 1.1. Definitions. In this Protocol:
- "Applicable Activity" means a Proposed Activity that the Parties agree will be subject to Engagement under this Protocol pursuant to subsection 3.1;
- "Business Day" means any day other than Saturday or Sunday or a statutory holidayor other holidays that the Stó:lō First Nations observe;
- "Dispute" means any disagreement which arises between the Parties in relation to the interpretation or implementation of this Protocol, but does not include a disagreement regarding any recommendations or any decisions on Proposed Activities made by a Responsible Department following Engagement;
- "Engagement" means the process set out in the Engagement Framework, which Canada will rely on to fulfill its duty to consult the Stó:lō First Nations in respect of Applicable Activities;
- "Engagement Framework" means the processes set out in Appendix D;
- "Member" means any individual who is a "member of the band", as that phrase is defined in the Indian Act, of any of the Stó:lō First Nations;
- "Nation-to-Nation Forum" means the Nation-to-Nation Forum described in section 4 and illustrated in Appendices B and C;
- "Nation-to-Nation Forum Co-Chair" means the individual(s) appointed to represent the Stó:lō First Nations or Canada at the Nation-to-Nation Forum;
- "Non-Participatory First Nation" means a First Nation, Indian Band, or tribal association, including other Stó:lō groups, who assert traditional territory that overlaps in whole or in part with the Protocol Area and who is not a Party;
- "People of the River Referrals Office" or "PRRO" means the office authorized to receive and respond to referrals on behalf of the Stó:lō First Nations in accordance with this Protocol;
- "Proposed Activity" means a proposed federal activity or decision that may have adverse impacts on Stó:lō Rights;
- "Protocol" means this engagement protocol and includes the appendices attached;
- "Protocol Area" means S'ólh Téméxw, being the geographic area to which this Protocol applies as shown in Appendix A;
- "Responsible Department" means the federal department or other Crown agency that is responsible for a Proposed Activity;
- "S'ólh Téméxw" means "our world; our land" in the Halq'eméylem language of the Stó:lō, and for the purposes of this Protocol means that area within British Columbia identified by the Stó:lō First Nations and as set out for illustrative purposes in Appendix A;
- "S'ólh Téméxw Stewardship Alliance" or "STSA" means the Stó:lō First Nations, the leadership of all of which together provides direction to the People of the River Referrals Office;
- "Stó:lō Connect" means the collaborative, social network communication tool for referral management, whereby referrals are distributed, viewed, shared and managed via a secure web portal (www.stoloconnect.com including a database/file management/mapping system) which is owned and managed by the Stó:lō Research and Resource Management Centre, and is used by the PRRO and some Non-Participatory First Nations for the collaborative management of referrals;
- "Stó:lō First Nations" means Chawathil First Nation, Cheam First Nation, Kwaw- Kwaw-Apilt First Nation, Sq'éwlets (Scowlitz) First Nation, Sq'ewá:lwx (Skawahlook) First Nation, Skwah First Nation,Semá:th (Sumas) First Nation, Yale First Nation; and, as represented by Ts'elxwéyeqw Tribe Limited Partnership, Aitchelitz First Nation, Shxwhá:y Village, Skowkale First Nation, Soowahlie First Nation, Squiala First Nation, Tzeachten First Nation and Yakweakwioose First Nation, each of which is a "band" within the meaning of the Indian Act;
- "Stó:lō Rights" means Aboriginal rights, including Aboriginal title, recognized and affirmed by section 35(1) of the Constitution Act, 1982, whether of the Stó:lō or one or more of the Stó:lō First Nations.
- "Strategic Topic" means any matter of interest to a Party, other than Proposed Activities, which the Parties agree may be brought forward for discussion at the Nation-to-Nation Forum.
- 1.2. Interpretation. For the purposes of this Protocol:
- "including" means "including, but not limited to" and "includes" means "includes, but not limited to";
- the recitals and headings are for convenience only, do not form a part of this Protocol and in no way define, limit, alter or enlarge the scope or meaning of any provision of this Protocol;
- a reference to a statute includes every amendment to it, every regulation made under it, every amendment made to a regulation made under it and any law enacted in substitution for, or in replacement of, it;
- words in the singular include the plural, and words in the plural include the singular unless the context or any specific definition otherwise requires;
- in the calculation of time under this Protocol, all references to "days" are to calendar days except that if the time for doing an act falls or expires on a day that is not a Business Day, the time is extended to the next Business Day;
- any reference to a corporate entity includes any predecessor or successor to such entity; and
- there will be no presumption that doubtful expressions, terms or provisions in this Protocol are to be resolved in favour of any Party.
- 1.3. Appendices. The following are the Appendices to and form part of this Protocol:
- Appendix A – Protocol Area
- Appendix B – Nation-to-Nation Relationship
- Appendix C – Nation-to-Nation Forum
- Appendix D – Engagement Framework
- Appendix E – Stó:lō First Nations Band Council Resolutions
- Appendix F – Stó:lō Nation Society Financial Administration
- 2.1. Purpose. The purpose of this Protocol is to:
- facilitate meaningful dialogue and a respectful government-to-government, nation-to-nation relationship between the Parties based on recognition of Aboriginal rights, respect, co-operation and partnership as reflected in the Principles Respecting the Government of Canada's Relationship with Indigenous Peoples, and implementing the United Nations Declaration on the Rights of Indigenous Peoples in a manner consistent with Canada's Constitution;
- promote more effective and efficient engagement through the Nation-to- Nation Forum;
- establish the process set out in the Engagement Framework as the process for fulfilling Canada's duty to consult the Stó:lō First Nations on Applicable Activities, and which framework establishes the Parties' respective obligations;
- engage on Strategic Topics to improve the government-to-government, nation-to-nation relationship; and
- work collaboratively to build consensus, and where possible consent, on decision making to address the Parties' respective rights and interests.
3. Scope and Application
- 3.1. Application of the Protocol. There are three ways this Protocol can apply:
- a Responsible Department may notify the Stó:lō First Nations that it intends to apply the Protocol to all Proposed Activities for which it is responsible, unless notice is given to the contrary for a specific Proposed Activity;
- where a Responsible Department has not provided notification under a. above, that department and the Stó:lō First Nations may agree to apply the Protocol in relation to a specific Proposed Activity by exchange of notice; or
- where Canada is relying, to the extent possible, on an existing process (e.g. a process undertaken by an agency, board, or province/territory) to assist it in fulfilling its duty to consult in respect of a Proposed Activity, and the Parties agree that Canada will undertake further Engagement under this Protocol.
- 3.2. For greater certainty, this Protocol applies to all Applicable Activities within the area set out in Appendix A.
- 3.3. Strategic Topics. Where the Parties agree, this Protocol may also be used for discussion of Strategic Topics.
- 3.4. Use of the Protocol. While the Parties intend that the Engagement Framework be the preferred approach where Canada has an obligation to consult with the Stó:lō First Nations in respect of a Proposed Activity, the use of this Protocol is voluntary and does not prevent the Parties from undertaking consultation in another manner or forum.
- 3.5. Statutory/Regulatory Requirements and Related Consultation Processes. For greater certainty, nothing in this Protocol is intended to alter any statutory or regulatory requirements to which Canada is subject, or to replace any consultation processes established pursuant to such requirements. Where the Parties agree, Canada may supplement the existing mechanism or process with the application of elements of the Engagement Framework for that Proposed Activity.
- 3.6. Third Party Activities. Where applicable, Canada may also rely, to the extent possible, on consultation and accommodation activities undertaken by a third party, including proponents, to assist it in meeting its duty to consult and, if appropriate, accommodate in respect of a Proposed Activity. This includes information obtained by such third parties from the Stó:lō First Nations, and any impact avoidance, mitigation, offset or compensation measures adopted or implemented by them for accommodation purposes.
- 3.7. Canada will advise the PRRO as early as possible of its intent to rely on any third party activities pursuant to subsection 3.66, and will provide the PRRO with an opportunity to both validate the information received and provide any additional input in relation to such activities.
- 3.8. Non-Participatory First Nations. For greater certainty, this Protocol does not apply to Non-Participatory First Nations.
4. Nation-to-Nation Forum
- 4.1. Establishment of Nation-to-Nation Forum. The Parties will establish a Nation- to-Nation Forum, as set out in Appendix B and for illustrative purposes in Appendix C, as a vehicle for advancing the relationship between the Parties.
- 4.2. Nation-to-Nation Forum Responsibilities. The responsibilities of the Nation-to- Nation Forum include:
- overseeing implementation of this Protocol;
- providing oversight of initiatives related to this Protocol;
- identifying, discussing and addressing relevant Strategic Topics, including funding efficiencies and arrangements related to the Protocol;
- creating and overseeing working groups;
- sharing information;
- overseeing dispute resolution pursuant to section 10; and
- other matters as agreed to by the Parties.
- 4.3. Nation-to-Nation Forum Guiding Principles. The Nation-to-Nation Forum will support and encourage collaboration and continuous improvement in the relationship, and will aim to strive for consensus and shared decision-making.
- 4.4. Nation-to-Nation Forum Structure and Relations. The Nation-to-Nation Forum consists of three components and a point of operational linkage with responsibilities as follows:
- Executive Forum. The Executive Forum is composed of the political leadership of the Stó:lō First Nations or delegated representatives, and representatives of the relevant federal department or agency. The responsibilities of the Executive Forum include:
- aiming to hold an annual meeting, or more frequently on an as- needed basis;
- making recommendations on strategic policy matters to the Parties;
- high level strategic problem solving; and
- reviewing the implementation and operation of this Protocol.
- Nation-to-Nation Forum Co-Chairs. The Nation-to-Nation Forum co- chairs are the federal coordinator and the PRRO general manager. Their responsibilities include aiming to hold quarterly meetings (in person or remotely) or as appropriate for purposes including overseeing:
- the implementation and maintenance, including amendment, of this Protocol; and
- an annual review and summary report on the Applicable Activities addressed by the Protocol to assist in the assessment of any potential funding needs associated with the Protocol's implementation.
- Inter-Departmental Forum. The Inter-Departmental Forum is composed of the federal coordinator and managers and advisors from federal departments and agencies, and the PRRO Federal Referrals Liaison, with PRRO managers and advisors as needed. The responsibilities of the Inter-Departmental Forum include meeting as appropriate for purposes including:
- exchanging information regarding the progress of existing and upcoming Engagement to facilitate community preparedness;
- reviewing and advising on implementation of the Protocol; and
- contributing to the annual review and summary reporting on the Protocol, including implementation and monitoring.
- Operational Level. Line staff from federal departments and agencies and the PRRO will support the Nation-to-Nation Forum by working together on a case by case basis as needed in respect of a specific Applicable Activity or types of Applicable Activities.
- Executive Forum. The Executive Forum is composed of the political leadership of the Stó:lō First Nations or delegated representatives, and representatives of the relevant federal department or agency. The responsibilities of the Executive Forum include:
5. Engagement under Protocol
- 5.1. Satisfaction of Engagement Obligations. The Parties acknowledge that the Engagement under this Protocol will be carried out in accordance with the Engagement Framework set out in Appendix D and will:
- constitute the process by which Canada will carry out its duty to consult the Stó:lō First Nations with respect to Applicable Activities;
- constitute the process by which the Stó:lō First Nations will respond to Canada regarding Applicable Activities; and
- be the means by which Canada will, where appropriate, identify and propose measures to accommodate any adverse impacts on Stó:lō Rights resulting from Applicable Activities.
6. Other First Nations and Governments
- 6.1. Non-Participatory First Nations. The Stó:lō First Nations may have discussions with Non-Participatory First Nations to inform discussions at the Nation-to-Nation Forum.
- 6.2. Regional Processes. The Parties may participate in advisory processes with Non-Participatory First Nations to address regional issues or specific initiatives.
- 6.3. Collaboration with Other Governments. The Parties may collaborate when engaging with other governments including British Columbia, Non-Participatory First Nations and local governments.
7. Information Sharing and Confidentiality
- 7.1. Information Sharing. The Parties will support Engagement under this Protocol by making reasonable efforts to share relevant information and knowledge and, at the time of disclosure, will assist the other Party in:
- interpreting the information;
- determining the current and future use of the information; and
- subject to where disclosure is required by law, determining the terms under which it may be disclosed, in whole or in part, to any other person.
- 7.2. Confidential Information. A Party may provide certain information in confidence in any Engagement conducted under this Protocol by marking the information as "Confidential," and such information will be held in confidence by the other Party, subject to subsections 7.4 to 7.7, or unless disclosure is otherwise required by law.
- 7.3. Cultural Information and Cultural Knowledge. Canada acknowledges that:
- the Stó:lō First Nations are custodians of cultural information and cultural knowledge that they may own or hold individually or collectively, and that may be confidential in nature;
- it may receive such information and knowledge from the Stó:lō First Nations for the purpose of fulfilling obligations in an Engagement process undertaken pursuant to this Protocol; and
- it will manage such information and knowledge in accordance with the owner or holder's wishes, subject to applicable laws or any information sharing agreement to which Canada is a Party.
- 7.4. Access to Information Act Requests. If Canada receives a request under the Access to Information Act ("ATIA") for access to information received from the Stó:lō First Nations under this Protocol, all relevant provisions of the ATIA apply, including the requirement to provide the Stó:lō First Nations with notice of the intended disclosure and the opportunity to make representations regarding such disclosure.
- 7.5. Disclosure Otherwise Required By Law. In addition to any ATIA request, if Canada is otherwise required by law to disclose information received from the Stó:lō First Nations under this Protocol, all relevant provisions of the applicable law will apply, including any limits on disclosure.
- 7.6. Other Federal Departments and Agencies. Unless otherwise agreed, any information provided in confidence to a Responsible Department by the Stó:lō First Nations in an Engagement conducted under this Protocol will be deemed to have been provided to the Government of Canada, and may be shared with other federal departments and agencies for the purposes of consultation with the Stó:lō First Nations.
- 7.7. Legal Proceedings. Upon a Party tendering such confidential records or information to the court or in another legal proceeding, any of the Parties may ask the court or tribunal to make a Sealing Order in relation to the confidential records or information.
- 7.8. Additional Conditions. The Parties acknowledge that:
- the terms and conditions of this Protocol are not confidential and may be made public and tendered as evidence in a court of law or other legal proceedings in accordance with applicable legislation;
- section 7 does not apply to information that is already in the public domain; and
- the disclosure of confidential information provided by Canada may be restricted under federal law or subject to additional conditions on disclosure.
- 7.9. Proceeding Without Prejudice. Notwithstanding any other provision of this Protocol, the Parties to an Engagement have the option of determining that, at any time prior to or during the Engagement, discussions may be held and information exchanged, until further notice, on a without prejudice basis, in order to permit frank, cooperative and solution-oriented interaction without concern for the legal significance of admissions, concessions, positions and discussions for the period of time specified or agreed upon.
8. Protocol Review
- 8.1. Annual Review of the Protocol. The Parties will undertake a review of the Protocol on an annual basis the results of which will be captured in an annual summary report.
- 8.2. Periodic Review of the Protocol. The Parties will undertake a review of this Protocol prior to initiating discussions to amend the Protocol, or by mutual agreement, and may make recommendations to the Nation-to-Nation Forum respecting its amendment.
- 8.3. Continuous Improvement. The Nation-to-Nation Forum will consider the results of any review under subsection 8.1 and may recommend the Protocol be amended in accordance with section 15.6.
- 8.4. Emerging Issues. Any Party may raise emerging issues regarding this Protocol to the Nation-to-Nation Forum for discussion, including issues regarding the Engagement Framework.
9. Linkage to Treaty or Other Crown-Indigenous Agreements
- 9.1. The Parties acknowledge that the Nation-to-Nation Forum may serve as a basis for addressing any commitment that may be included in a treaty or other Crown- Indigenous agreement with respect to the management of federal lands, cultural, and natural resources within S'ólh Téméxw. For greater certainty, the Parties agree that such acknowledgement and this Protocol are without prejudice to any treaty or other negotiations in which any of the Parties may be engaged.
10. Dispute Resolution
- 10.1. The Parties recognize that the success of this Protocol will depend on their ability and willingness to recognize, explore and resolve differences which may arise between them, and that they will endeavour to resolve such differences in a manner that fosters an improved, ongoing and respectful nation-to-nation, government-to-government relationship as follows:
- where a Dispute arises, the Parties will attempt to resolve it through the Nation-to-Nation Forum starting at the Operational Level and up to the Executive Level as necessary;
- if the Dispute cannot be resolved through the Nation-to-Nation Forum, the Parties will refer it to more senior level representatives for resolution; and
- if the Dispute still cannot be resolved and the Parties to the Dispute agree to do so, the Parties may use mutually agreed upon outside, professional assistance. The cost of using outside professional assistance will be shared by the Parties involved in the Dispute.
- 11.1. Provision of Base Funding. ontribution funding to be provided from the Department of Indian Affairs and Northern Development will be negotiated among the Parties based on considerations such as annual activity reports and budgets to be submitted by the PRRO.
- 11.2. Distribution of Funding. Contribution funding from the Department of Indian Affairs and Northern Development will be provided to the Stó:lō First Nations, who appoint the Stó:lō Nation Society (recipient #1126) to receive funds on their behalf (Appendix F). The Stó:lō Nation Society will distribute those funds to be administered by the PRRO for the purpose of implementing of this Protocol.
- 11.3. Funding for Engagement on Applicable Activities. Where a Responsible Department applies this Protocol pursuant to subsection 3.1, funding to support Engagement for specific Applicable Activities will be determined by a process of negotiations between the Stó:lō First Nations and the Responsible Department.
- 11.4. Provision of Funding. Any funding to be provided by Canada is subject to annual appropriations by the Parliament of Canada.
- 11.5. Separate Funding Agreements. Any funding arrangement made pursuant to this Protocol will be detailed in a separate agreement.
- 11.6. Additional Funding. Nothing in this Protocol precludes the Stó:lō First Nations from:
- accessing funding that may be available from a non-governmental body, or another level of government; or
- negotiating revenue-sharing agreements with proponents.
12. Representations and Warranties
- 12.1. Stó:lō First Nations Representations. Each Stó:lō First Nation represents and warrants to Canada, with the intent and understanding that it will be relied on by Canada in entering into this Protocol, that:
- it has the legal power, capacity, and authority to enter into this Protocol on its own behalf and on behalf of its Members;
- it has taken all the necessary actions and has obtained all necessary approvals to enter this Protocol for and on behalf of its Members;
- the People of the River Referrals Office is an administrative office associated with the Stó:lō Nation Society authorized to act on behalf of the Stó:lō First Nations and on behalf of its Members as provided for in this Protocol;
- any representation to Canada by the People of the River Referrals Office that it is authorized to act on behalf of a Stó:lō First Nation in respect of a Proposed Activity is binding upon it and its Members to the same extent as if the Stó:lō First Nation had made the representation itself;
- this Protocol has been legally and properly executed by or on its behalf and is legally binding and enforceable in accordance with its terms; and
- attached to this Protocol as part of Appendix E is a copy of a band council resolution of the First Nation approving the terms of this Protocol, authorizing the performance of the undertakings and obligations pursuant to this Protocol, and authorizing a representative to execute and enter into this Protocol and that the aforementioned band council resolution is duly passed in accordance with the requirements of the Indian Act and that such resolution has not been varied, amended, repealed or replaced.
- 12.2. Federal Representations. Canada represents and warrants to the Stó:lō First Nations, with the intent and understanding that it will be relied on by the Stó:lō First Nations in entering into this Protocol, that:
- it has the authority to enter into this Protocol;
- it has taken all the necessary actions and has obtained all necessary approvals to enter into this Protocol; and
- this Protocol has been legally and properly executed by or on its behalf and is legally binding and enforceable in accordance with its terms.
- 12.3. Ts'elxwéyeqw Tribe Limited Partnership Representations. Ts'elxwéyeqw Tribe Limited Partnership represents and warrants to Canada, with the intent and understanding that it will be relied on by Canada in entering into this Agreement, as follows:
- it is a limited partnership duly established, organized and subsisting under the laws of the Province of British Columbia;
- it has good and sufficient power, authority and right to enter into and deliver this Agreement and to complete its obligations hereunder; and
- this Agreement is a valid and binding obligation upon it.
13. Effective Date and Termination
- 13.1. Effective Date. This Protocol will come into force and effect on the date it is signed by the Parties.
- 13.2. Termination of this Protocol. This Protocol will continue in force and effect unless terminated by either the Stó:lō First Nations or Canada giving to the other 90 days notice of intention to terminate or, on a date mutually agreed to by the Parties.
- 13.3. Termination of Participation by a Stó:lō First Nation. A Chief and Council of any of the Stó:lō First Nations may terminate its participation in this Protocol upon giving 90 days notice to Canada and the other Stó:lō First Nations of its intention to terminate its participation in this Protocol and its intention to take direct responsibility for all consultation on behalf of its First Nation. For greater certainty, termination of participation by one or more of the Stó:lō First Nations does not terminate this Protocol as between the Stó:lō First Nations and Canada.
- 13.4. Resolution of Termination. In recognition of the enduring value of a government-to-government, nation-to-nation relationship between the Stó:lō First Nations and Canada, any Party who gives notice of termination of this Protocol or notice of termination of participation:
- will, in the notice of termination of this Protocol, or the notice of termination of participation in this Protocol, as the case may be, provide the other Parties with the reasons for the termination; and,
- may, within the period of the 90 days notice, pursue the opportunities presented by this Protocol, including dispute resolution, to resolve the basis for termination.
- 13.5. Effect of Termination of this Protocol or Termination of Participation. Where this Protocol is terminated under subsection 13.2 or a particular Stó:lō First Nation terminates its participation in this Protocol under subsection 13.3:
- section 7 survives either termination;
- the Nation-to-Nation Forum Co-Chairs will inform all applicable federal departments and agencies that this Protocol has been terminated or that a particular Stó:lō First Nation has terminated its participation in this Protocol, as the case may be, and that the Protocol can no longer be relied upon to: i) fulfill the obligation of Canada to consult the Stó:lō First Nations in the case of termination of this Protocol, or ii) fulfill the obligation of Canada to consult the particular Stó:lō First Nation in the case of termination of participation in this Protocol;
- any Engagement already started under this Protocol will, with the agreement of the Parties, continue in accordance with the Engagement Framework.
14. Notice and Delivery
- 14.1. Notices. Any notice, document, statement or report under this Protocol must be in writing, preferably transmitted electronically, and will be deemed validly given to and received by the other Party, if served personally, on the date of personal service or, if delivered by mail, e-mail or facsimile copier, when received as follows:
- if to Canada:
c/o relevant department or agency representative
- if to the Stó:lō First Nations:
Referrals Administrator c/o People of the River Referrals Office Building 10 - 7201 Vedder Road
Chilliwack, BC V2R 4G5 Fax: 604-824-0278
Email: email@example.com Attn: Referrals Administrator
or uploaded via Stó:lō Connect web portal: www.stoloconnect.com (preferred)
- if to Canada:
- 14.2. Change of Address. A Party may, from time to time, give written or e-mail notice to the other Parties of any change of address or facsimile number of the Party giving such notice and after the giving of such notice, the address or facsimile number therein specified will, for purposes of this Protocol be conclusively deemed to be the address or facsimile number of the Party giving such notice.
- 15.1. Not a Treaty. This Protocol does not:
- constitute a treaty or land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982; or
- affirm, recognize, abrogate or derogate from any Stó:lō Rights.
- 15.2. Acknowledgement. The Parties acknowledge and enter into this Protocol on the basis that the Stó:lō First Nations assert Aboriginal rights, including Aboriginal title, within the Protocol Area but that the specific nature, scope or geographic extent of those Stó:lō Rights have yet to be determined. The Parties intend that broader processes may be engaged in to bring about reconciliation and may lead to a common understanding of the nature, scope and geographic extent of Stó:lō Rights.
- 15.3. No Admissions. Nothing in this Protocol will be construed as:
- an admission of the validity of, or any fact or liability in relation to, any claims relating to alleged past or future infringements of Stó:lō Rights;
- an acknowledgement of any obligation to provide any financial, economic or other compensation as part of Canada's obligation to consult and where appropriate, accommodate; or
- in any way limiting the position the Parties may take in any negotiations or in any discussions or negotiations between the Parties, except as expressly contemplated in this Protocol.
- 15.4. No Fettering. Nothing in this Protocol will be interpreted in a way that would affect or unlawfully interfere with any legislative authority of Canada or fetter the discretion of any decision-making authority.
- 15.5. Entire Agreement. This Protocol and any amendment to it constitute the entire Protocol between the Parties with respect to the subject matter of this Protocol, unless otherwise agreed in writing by the Parties.
- 15.6. Amendment. This Protocol may be amended through written agreement of the Nation-to-Nation Forum`s Executive Committee.
- 15.7. Further Acts and Assurances. Each of the Parties will, upon the reasonable request of the other, make, do, execute or cause to be made, done or executed all further and other lawful acts, deeds, things, devices, documents, instruments and assurances whatever for the better and absolute performance of the terms and conditions of this Protocol.
- 15.8. No Implied Waiver. Any waiver of:
- a provision of this Protocol;
- the performance by a Party of an obligation under this Protocol; or
- a default by a Party of an obligation under this Protocol,
- will be in writing and signed by the Party giving the waiver and will not be a waiver of any other provision, obligation or subsequent default.
- 15.9. Assignment. The Stó:lō First Nations will not assign, either directly or indirectly, this Protocol or any right of the Stó:lō First Nations under this Protocol without the prior written consent of Canada.
- 15.10. Execution in Counterpart. This Protocol may be entered into by each Party signing a separate copy of this Protocol (including a photocopy, facsimile or electronic copy) and delivering it to the other Party by facsimile transmission or electronically, provided confirmation of receipt is sought and received.