Common use of Amendment Provisions Clause in Contracts

Amendment Provisions. 1.14.1 Except for any provision of this Agreement that provides that an amendment requires the consent of only the Maa-nulth First Nations and either Canada or British Columbia, all amendments to this Agreement require the consent of all Parties to the Agreement. 1.14.2 Canada will provide consent to an amendment to this Agreement by order of the Governor-in-Council. 1.14.3 British Columbia will provide consent to an amendment to this Agreement by resolution of the Legislative Assembly of British Columbia. 1.14.4 If federal or provincial legislation is required to give effect to an amendment to this Agreement, Canada or British Columbia will recommend to Parliament or the Legislature, as the case may be, that the required legislation be enacted. 1.14.5 The consent of each Maa-nulth First Nation is required for an amendment to this Agreement. Each Maa-nulth First Nation will provide consent to such amendment by a special resolution of its Maa-nulth First Nation Government. 1.14.6 A special resolution, for the purpose of 1.14.5, means a resolution passed by the legislative branch of a Maa-nulth First Nation Government by at least two thirds of its members and will be the same resolution for each Maa-nulth First Nation Government. 1.14.7 Each Maa-nulth First Nation will provide a certified copy of the special resolution to each of Canada and British Columbia and each of Canada and British Columbia is entitled to rely on that resolution as conclusive evidence of compliance with 1.14.5. 1.14.8 An amendment to this Agreement takes effect on a date agreed to by the Parties to the amendment, but if no date is agreed to, on the date that the last Party required to consent to the amendment provides its consent.

Amendment Provisions. 1.14.1 Except for any provision of this Agreement that provides that an amendment requires the consent of only the Maa-nulth First Nations and either Canada or British Columbia, all amendments to this Agreement require the consent of all Parties to the Agreement. 1.14.2 Canada will provide consent to an amendment to this Agreement by order of the Governor-in-Council. 1.14.3 British Columbia will provide consent to an amendment to this Agreement by resolution of the Legislative Assembly of British Columbia. 1.14.4 If federal or provincial legislation is required to give effect to an amendment to this Agreement, Canada or British Columbia will recommend to Parliament or the Legislature, as the case may be, that the required legislation be enacted. 1.14.5 The consent of each Maa-nulth First Nation is required for an amendment to this Agreement. Each Maa-nulth First Nation will provide consent to such amendment by a special resolution of its Maa-nulth First Nation Government. 1.14.6 A special resolution, for the purpose of 1.14.5, means a resolution passed by the legislative branch of a Maa-nulth First Nation Government by at least two thirds of its elected members and will be the same resolution for each Maa-nulth First Nation Government. 1.14.7 Each Maa-nulth First Nation will provide a certified copy of the special resolution to each of Canada and British Columbia and each of Canada and British Columbia is will be entitled to rely on that resolution as conclusive evidence of compliance with 1.14.5. 1.14.8 An amendment to this Agreement takes effect on a date agreed to by the Parties to the amendment, but if no date is agreed to, on the date that the last Party required to consent to the amendment provides its consent. 1.14.9 Notwithstanding 1.14.1 to 1.14.8, if: a. this Agreement provides: i. that any of the Parties will negotiate and attempt to reach agreement in respect of a matter that will result in an amendment to this Agreement, including a change to a Schedule or an Appendix; and ii. that if agreement is not reached, the matter will be finally determined by arbitration in accordance with Chapter 25 Dispute Resolution; and b. those Parties have negotiated an agreement or the matter is determined by arbitration, this Agreement is deemed to be amended on the date that agreement or arbitrator’s decision takes effect, as the case may be. 1.14.10 Notwithstanding 1.14.1 to 1.14.8, if this Agreement provides that a provision of this Agreement is amended upon the happening of an event, this Agreement is deemed to be amended on the happening of that event. 1.14.11 In respect of amendments contemplated by 1.14.9 and 1.14.10, the applicable Parties will: a. provide notice to the other Parties of any agreement reached or arbitrator’s decision under 1.14.9 or the happening of an event referred to in 1.14.10; and b. agree on the wording or form of the deemed amendment. 1.14.12 In the case of an arbitrator’s decision under 1.14.9, if the Parties are unable to agree, the wording or form of the deemed amendment will be finally determined by the arbitrator. 1.14.13 Amendments to this Agreement will be published in the Canada Gazette, the British Columbia Gazette and each Maa-nulth First Nation’s registry of laws, contemplated by 13.5.0. 1.14.14 Before the Parties sign this Agreement, the chief negotiator on behalf of Canada, the chief negotiator on behalf of British Columbia, and the lead negotiator of the Maa-nulth First Nations may agree to minor amendments to this Agreement.

Amendment Provisions. 1.14.1 Except for any provision of this Agreement that provides that an amendment requires the consent of only the Maa-nulth First Nations and either Canada or British Columbia, all amendments to this Agreement require the consent of all Parties to the Agreement. 1.14.2 Canada will provide consent to an amendment to this Agreement by order of the Governor-in-Council. 1.14.3 British Columbia will provide consent to an amendment to this Agreement by resolution of the Legislative Assembly of British Columbia. 1.14.4 If federal or provincial legislation is required to give effect to an amendment to this Agreement, Canada or British Columbia will recommend to Parliament or the Legislature, as the case may be, that the required legislation be enacted. 1.14.5 The consent of each Maa-nulth First Nation is required for an amendment to this Agreement. Each Maa-nulth First Nation will provide consent to such amendment by a special resolution of its Maa-nulth First Nation Government. 1.14.6 A special resolution, for the purpose of 1.14.5, means a resolution passed by the legislative branch of a Maa-nulth First Nation Government by at least two thirds of its members and will be the same resolution for each Maa-nulth First Nation Government. 1.14.7 Each Maa-nulth First Nation will provide a certified copy of the special resolution to each of Canada and British Columbia and each of Canada and British Columbia is entitled to rely on that resolution as conclusive evidence of compliance with 1.14.5. 1.14.8 An amendment to this Agreement takes effect on a date agreed to by the Parties to the amendment, but if no date is agreed to, on the date that the last Party required to consent to the amendment provides its consent. 1.14.9 Notwithstanding 1.14.1 to 1.14.8, if: a. this Agreement provides: i. that any of the Parties will negotiate and attempt to reach agreement in respect of a matter that will result in an amendment to this Agreement, including a change to a Schedule or an Appendix; and ii. that if the Parties are unable to reach agreement, the matter will be finally determined by arbitration in accordance with Chapter 25 Dispute Resolution; and b. those Parties have negotiated an agreement or the matter is determined by arbitration, this Agreement is deemed to be amended on the date that agreement or arbitrator’s decision takes effect, as the case may be. 1.14.10 Notwithstanding 1.14.1 to 1.14.8, if this Agreement provides that a provision of this Agreement is amended upon the happening of an event, this Agreement is deemed to be amended on the happening of that event. 1.14.11 In respect of amendments contemplated by 1.14.9 and 1.14.10, the applicable Parties will: a. provide notice to the other Parties of any agreement reached or arbitrator’s decision contemplated by 1.14.9 or the happening of an event referred to in 1.14.10; and b. agree on the wording or form of the deemed amendment. 1.14.12 In the case of an arbitrator’s decision contemplated by 1.14.9, if the Parties are unable to agree, the wording or form of the deemed amendment will be finally determined by the arbitrator. 1.14.13 Amendments to this Agreement will be published in the Canada Gazette, the British Columbia Gazette and each Maa-nulth First Nation’s registry of laws, contemplated by 13.5.0. 1.14.14 Before the Parties sign this Agreement, the chief negotiator on behalf of Canada, the chief negotiator on behalf of British Columbia and the lead negotiator of the Maa-nulth First Nations may agree to minor amendments to this Agreement.