IMPLEMENTATION PLAN
FOR THE
LHEIDLI T’ENNEH
FINAL AGREEMENT
Canada
British Columbia
Lheidli T’enneh
LHEIDLI T’ENNEH IMPLEMENTATION PLAN
Initialled in Prince George, British Columbia, this 29th day of October, 2006, by the Chief Negotiators to signify their intent to recommend the Lheidli T’enneh Implementation Plan for ratification.
FOR LHEIDLI T’ENNEH:
_______________________ _____________________________
Mark Stevenson Witnessed by:
Chief Negotiator, Lheidli T’enneh
FOR HER MAJESTY THE QUEEN IN RIGHT OF CANADA:
Tom Molloy Witnessed by:
Chief Federal Negotiator
FOR HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA:
Trevor Proverbs Witnessed by:
Chief Provincial Negotiator
This document has not been thoroughly reviewed except by the Implementation Working Group. The Parties acknowledge that, after initialling, and before ratification by Lheidli T’enneh, this document will undergo further legal review and that it may be subject to any amendments arising from that review, by agreement of the Chief Negotiators on behalf of the Parties.
After ratification by Lheidli T’enneh and before signing by the Parties, this document may be subject to minor amendments by agreement of the Chief Negotiators on behalf of the Parties
This implementation plan is dated for reference October 29, 2006
LHEIDLI T’ENNEH FINAL AGREEMENT
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Indian Affairs and Northern Development
(“Canada”)
OF THE FIRST PART
AND:
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Aboriginal Relations and Reconciliation
(“British Columbia”)
OF THE SECOND PART
LHEIDLI T’ENNEH FIRST NATION, as represented by the Chief Councillor of the Lheidli T’enneh Band
(“Lheidli T’enneh First Nation”)
OF THE THIRD PART
WHEREAS:
Lheidli T’enneh First Nation, Canada, and British Columbia have entered into the Lheidli T’enneh Final Agreement, which provides that, on the Effective Date, the implementation plan will be established to guide the Parties on the implementation of the Lheidli T’enneh Final Agreement .
THERFORE THE PARTIES AGREE TO THE FOLLOWING AS THE IMPLEMENTATION PLAN:
1.0 GENERAL
1.1 The implementation plan is required by the Implementation Chapter of the Final Agreement
1.2 The purpose of the implementation plan is to serve as a workplan to assist the Parties to implement the Final Agreement.
2.0 COMMENCEMENT AND TERM
2.1 The implementation plan comes into effect on the Effective Date of the Final Agreement and is for a term of ten years.
3.0 PURPOSE
3.1 The implementation plan for the Final Agreement:
a. identifies the obligations in the Final Agreement, the activities to be undertaken to fulfill those obligations, the responsible Party or Parties and the timelines, including when the activities will be completed;
b. specifies how the implementation plan may be amended;
c. specifies how the implementation plan may be renewed or extended; and
d. addresses other matters agreed to by the Parties.
4.0 INTERPRETATION AND LEGAL STATUS
4.1 The implementation plan for the Final Agreement:
a. does not form part of the Final Agreement;
b. is not a treaty or land claims agreement;
c. does not recognize or affirm aboriginal or treaty rights within the meaning of section 25 or 35 of the Constitution Act, 1982;
d. does not create legal obligations;
e. does not alter any rights or obligations set out in the Final Agreement;
f. does not preclude any Party from asserting that rights or obligations exist under the Final Agreement even though it is not referred to in the implementation plan; and
g. is not to be used to interpret the Final Agreement.
4.2 Words and phrases defined in the Final Agreement have the same meaning in the implementation plan, unless the context indicates otherwise.
4.3 Obligations that require an action on the part of one or more of the Parties have been included.
5.0 CONTENTS
5.1 The implementation plan includes: “Worksheets” attached as Schedule A that identify the obligations and set out any activities required to implement the Final Agreement, the responsible Party and the timeframe for the activities and obligations arising from the Final Agreement.
6.0 AMENDMENT AND RENEWAL
6.1 Schedule A of the implementation plan may be amended by agreement of the Implementation Committee.
6.2 The Parties may agree to renew the implementation plan beyond its initial term.
THIS AGREEMENT HAS BEEN EXECUTED as of the day and year first above written.
EXECUTED in the presence of:
__________________________________
As to the authorized signatory for the Minister of Indian Affairs and Northern Development
)
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of Indian Affairs and Northern Development or duly authorized signatory
________________________________
Per: duly authorized signatory
[EXECUTED in the presence of:
As to the signature of
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA as represented by the Minister Of Aboriginal Relations and Reconciliation or duly authorized signatory
LHEIDLI T’ENNEH FIRST NATION as represented by the Chief Councillor of the Lheidli T’enneh Band