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:

  1. TYPES AND FREQUENCY OF MEETINGS
  2. 1.1
    Tripartite Meetings: The Parties will schedule tripartite negotiations ("Main Table") in advance according to a schedule agreed to by the Chief Negotiators.

    1.2
    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.

    1.3
    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.

  3. LOCATION OF MEETINGS
  4. 2.1
    Main Table negotiations will be held in the Ts'kw'aylaxw First Nation traditional territory unless otherwise agreed to by the Chief Negotiators.

    2.2
    Side Table and Working Group meetings may be held in Ts'kw'aylaxw traditional territory, Vancouver or Victoria unless the Parties agree otherwise.

  5. NOTICE OF MEETINGS
  6. 3.1
    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 Agreement-in-Principle workplan.

    3.2
    Working Group and other meetings will be determined at the end of each meeting unless the Parties agree otherwise.

  7. AGENDA FOR MEETINGS
  8. 4.1
    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.

    4.2
    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.

  9. PHYSICAL REQUIREMENTS FOR MEETINGS (MAIN TABLE)
  10. 5.1
    The meeting 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.

  11. RECORD KEEPING (MAIN TABLE)
  12. 6.1
    Record of Decisions: The Parties will agree upon a Record of Decisions at the close of each meeting.

    6.2
    The Parties will rotate the responsibility for the physical preparation, circulation and publication of any Record of Decisions.

    6.3
    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.

    6.4
    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").

  13. DRAFTING CONVENTIONS
  14. 7.1
    The Parties will determine how each sub-agreement will be developed as needed.

    7.2
    The Parties will develop and use drafting conventions as needed.

  15. CHAIRING OF MEETINGS
  16. 8.1
    Chairing of Main Table meetings will be rotated among the Parties or as agreed by the Chief Negotiators.

  17. ATTENDANCE AT MEETINGS AND COMMUNICATIONS
  18. 9.1
    Openness: The Parties will follow the Openness Protocol. agreed to among the Parties.

    9.2
    Public Information: The Parties will conduct Public Information as agreed to in the Openness Protocol.

    9.3
    Information Sharing among the Parties: The Parties have agreed to share information based on the Information Sharing Principles, Pavilion Indian Band Treaty Negotiations.

  19. DISPUTE RESOLUTION
  20. 10.1
    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.

    10.2
    Section 12 of the Framework Agreement sets out the understanding of the Parties respecting suspension.

    10.3
    Where negotiations have been suspended, the Chief Negotiators will maintain periodic contact with regard to resumption of negotiations.

  21. URGENT ISSUES
  22. 11.1
    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.

  23. ORIENTATION OF NEGOTIATING TEAMS
  24. 12.1
    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.

  25. REPORTING TO THE BRITISH COLUMBIA TREATY COMMISSION
  26. 13. 1
    The Parties will provide the BCTC with reports on the status of the negotiations.

  27. AMENDMENT
  28. 14.1
    This Agreement may be amended by agreement of the Chief Negotiators.

Signed on behalf of the
Ts'kw'aylaxw First Nation by:
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 Negotiator


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