Implementation Plan for the Sahtu Dene and Metis Comprehensive ...

ANNEX AProject 3 - 2:Project Manager:Amendment of the agreementDepartment of Indian Affairs and Northern Development (DIAND) – NorthernAffairs Program (NAP)Participant/Liaison: Sahtu Tribal Council (STC), Government of the Northwest Territories (GNWT) -Intergovernmental and Aboriginal Affairs (IAA)Obligations Addressed:3.1.25 If any provision of this agreement is found by a court of competent jurisdiction to be invalid,government and the Sahtu Dene and Metis shall make best efforts to amend this agreement toremedy the invalidity or replace the invalid provision.3.1.26 (a) The provisions of this agreement may be amended with the consent of government, asrepresented by the Governor in Council, and the Sahtu Dene and Metis as represented bythe Sahtu Tribal Council, but the jurisdiction of the Government of the Northwest Territoriesshall not be altered, nor shall it incur any financial obligations, through any amendmentwithout the written consent of the Executive Council.(b) Government shall be entitled to rely on the written decision of the Board of Directors of theSahtu Tribal Council as evidence of the consent of the Sahtu Dene and Metis.Referenced Clauses: 5.1.4, 29.2.3(c)ACTIVITIES RESPONSIBILITY TIMING GUIDELINES(in sequence)1. Forward a proposed amendment to initiating party (NAPthe other partiesSTC, or IAA)2. Agree on process to consider proposed parties within three months ofamendmenttabling of proposal3. Review the proposal and respond to the other parties as agreedinitiating party and copy the other party4. Give effect to an amendment if written Canadaagreement is reached on the amendment5. If necessary, amend the Implementation Implementation after amendment givenPlan Committee effectFunding:- As regards the Government of the Northwest Territories, refer to summary for IAA (Project 29 - 2).Planning Assumptions:- As provided in 5.1.4, the provisions of self-government agreements shall not be inconsistent with theprovisions of settlement legislation or the agreement. Where there is any inconsistency or conflictbetween the settlement legislation or the agreement and the provisions of any self-governmentagreement, the settlement legislation or the agreement, as the case may be, shall prevail to theextent of the inconsistency or conflict. The parties may agree to amend either the self-governmentagreement, the settlement legislation, or the agreement in order to resolve any inconsistency orconflict.SAHTU IMPLEMENTATION PLAN 9