Ts'kw'aylxw Stage 4 Procedures Agreement
THIS AGREEMENT, dated July 17, 1996, is entered into by the Ts'kw'aylaxw
First Nation, Canada and British Columbia (collectively the "Parties").
WHEREAS the Parties wish to enter into a Stage 4 Procedures Agreement as
provided for in clause 6. 10 of the Ts 'kw 'aylaxw First Nation Framework
Agreement ("Framework Agreement").
THEREFORE, the Parties agree as follows:
Signed on behalf of the
- TYPES AND FREQUENCY OF MEETINGS1.1
Tripartite Meetings: The
Parties will schedule tripartite negotiations ("Main Table") in advance
according to a schedule agreed to by the Chief Negotiators.
Side Table and Working Group Meetings: The Main Table may
establish Side Table and Working Groups which will meet as required and as
agreed upon. These meetings may occur by telephone conference call.
Bilateral Meetings: The Parties acknowledge that, from time
to time, bilateral meetings may be required. If so, the uninvolved Party will
be advised of the issues for discussion and, on request, will be provided with
a written summary.
- LOCATION OF MEETINGS2.1
Main Table negotiations will be held in
the Ts'kw'aylaxw First Nation traditional territory unless otherwise agreed to
by the Chief Negotiators.
Side Table and Working Group meetings may be held in Ts'kw'aylaxw
traditional territory, Vancouver or Victoria unless the Parties agree
- NOTICE OF MEETINGS3.1
Main Table and Side Tables: Unless
otherwise agreed to by the Parties at the end of a meeting, the meetings will
be held in accordance with a predetermined schedule based on an agreed
Working Group and other meetings will be determined at the end of
each meeting unless the Parties agree otherwise.
- AGENDA FOR MEETINGS4.1
Main Table Meetings: A Working
Group, comprised of a representative from each Party, will develop and
circulate a Main Table agenda two weeks prior to the next meeting. For
sessions open to the public, the agenda will be developed and available three
weeks in advance of the meetings, unless otherwise agreed. The Parties will
rotate the responsibility for the physical preparation, circulation and
publication of the agenda.
Side Table, Working Group and other meetings: At the end of
each meeting the Parties will agree who will prepare and circulate an agenda
in advance of the next meeting.
- PHYSICAL REQUIREMENTS FOR MEETINGS (MAIN TABLE)5.1
facilities will meet the requirements of the Parties and will include such
things as caucus rooms for each Party, telephones for each Party, photocopier,
fax and access to outlets for each Party to use computers.
- RECORD KEEPING (MAIN TABLE)6.1
Record of Decisions: The
Parties will agree upon a Record of Decisions at the close of each meeting.
The Parties will rotate the responsibility for the physical
preparation, circulation and publication of any Record of Decisions.
Audio/Video Recordings: Audio or video recordings of a
meeting may be made as agreed by the Chief Negotiators in advance. Such
recordings would be made for historical and internal purposes and will not be
used for any other purposes.
The Parties will provide each other with electronic versions of
documents available to the public. Such documents are identified in section 3
of Protocol regarding the Openness of the Pavilion Indian Band Treaty
Process ("Openness Protocol").
- DRAFTING CONVENTIONS7.1
The Parties will determine how each
sub-agreement will be developed as needed.
The Parties will develop and use drafting conventions as needed.
- CHAIRING OF MEETINGS8.1
Chairing of Main Table meetings will be
rotated among the Parties or as agreed by the Chief Negotiators.
- ATTENDANCE AT MEETINGS AND COMMUNICATIONS9.1
Parties will follow the Openness Protocol. agreed to among the Parties.
Public Information: The Parties will conduct Public
Information as agreed to in the Openness Protocol.
Information Sharing among the Parties: The Parties have
agreed to share information based on the Information Sharing Principles,
Pavilion Indian Band Treaty Negotiations.
- DISPUTE RESOLUTION10.1
The Parties may ask the BCTC to assist in
the resolution of disputes or use other dispute resolution techniques as
agreed to by the Parties.
Section 12 of the Framework Agreement sets out the understanding of
the Parties respecting suspension.
Where negotiations have been suspended, the Chief Negotiators will
maintain periodic contact with regard to resumption of negotiations.
- URGENT ISSUES11.1
The Parties may address, at the Main Table,
urgent treaty-related issues that are not identified in the workplan. If it
appears that the issue will detract from the main objectives, a Working Group
or an ad hoc committee may be struck to deal with the issue and to report back
to the Main Table with recommendations.
- ORIENTATION OF NEGOTIATING TEAMS12.1
The Parties may have
orientation sessions on their respective cultures or decision making processes
and exchange information on these matters. The goal is to ensure that the
interests of the Parties are understood.
- REPORTING TO THE BRITISH COLUMBIA TREATY COMMISSION13. 1
Parties will provide the BCTC with reports on the status of the negotiations.
This Agreement may be amended by agreement of the
Ts'kw'aylaxw First Nation
Fred Alec, Chief Negotiator
Signed on behalf of Canada by:
Robin Dodson, Chief Negotiator
Signed on behalf of British Columbia by:
Gordon Douglas, Acting Treaty
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1997 Mar 11 by Webmaster