First Nations. (a) The Employer, Employees and the Union recognise the significance of First Nations Peoples in the State of Western Australia. The Employer shall use its best endeavours to promote the employment of people who identify as First Nations People.
(b) The Employer will ensure that an acknowledgement of Traditional Owners of the Land will be made on every Project. As part of the site induction, the Employer will ensure information is provided to Employees as follows:
(i) At the earliest practicable time, the Employer and the Union will agree on information to be provided at inductions on all sites; and
(ii) within three (3) months of the Employer commencing work on a particular Project, the information will be updated to reflect the cultural significance and spiritual connection that local Traditional Owners have with the area surrounding that project.
(c) A ‘Welcome to Country’ ceremony will be arranged with Traditional Owners to demonstrate the Parties commitment to the principles of social, restorative justice and cultural affirmation as follows:
(i) where the Employer’s client arranges a smoking ceremony for the Project, the Employer will request the Union and Employees be invited to attend; or
(ii) where the Employer’s client does not arrange a smoking ceremony, or the Union or Employees are not invited to attend, the Employer will arrange a smoking ceremony in consultation with the Union.
First Nations. (a) Notwithstanding the definition of Force Majeure in section 1.1(mm), and without limiting the application of the definition of Force Majeure to any circumstance that is not specifically described in this section 8.9(a), any order or decision of any court of competent jurisdiction or any regulatory authority, including the BCUC, that is binding on the Buyer and/or the Seller, the compliance with which would prevent the Buyer and/or the Seller from performing all or any of its obligations under this EPA, which is based in whole or in part on any failure or alleged failure of the Buyer to adequately consult with, and/or accommodate, any First Nations, in relation to this EPA, the Former EPA, the Seller’s Plant or the Interconnection of the Seller’s Plant to the BC Hydro System (which, for greater certainty, does not include any failure to consult with, and/or accommodate any First Nations, with respect to activities occurring on the Buyer’s side of the POI or on the BC Hydro System), will be an event of Force Majeure that may be invoked by the Party or Parties so prevented, provided that the Party or Parties so prevented will use commercially reasonable efforts to remedy the situation and remove, so far as possible and with reasonable dispatch, the Force Majeure to the extent that it is within the control of that Party to do so, provided that in the case of the Buyer, this obligation is subject to the Seller complying with, or having complied with, its obligations under section 9.2.
(b) A Party may not invoke Force Majeure as a result of such binding order or decision referenced at section 8.9
(a) if such order or decision results from a wilful act or omission of a Party as contemplated in section 1.1(mm)(iv), provided that the failure or alleged failure of the Buyer to have adequately consulted with, and/or accommodated, any First Nations may only be considered a wilful act or omission where the underlying event or circumstance giving rise to the duty to consult or accommodate was or is fully within the control of the Buyer and provided further that, for greater certainty, any activities of the Seller will not be considered to be within the control of the Buyer regardless of any consent, waiver, declaration or approval under this EPA or the Former EPA, including any further amendment of this EPA that the Buyer may provide in respect of the Seller’s activity.
(c) The Seller may not invoke Force Majeure as a result of such binding order or decision referenc...
First Nations. The Community Forest area overlaps the traditional territories of eight First Nations: Wet’suwet’en First Nation Office of the Wet’suwet’en Hereditary Chiefs Xxxxx Lake Band Lake Xxxxxx Nation Stellat’en First Nation Skin Tyee Band Yekooche First Nation Nee Tahi Buhn Band For additional information on these First Nations see Appendix 3. The Xxxxx Lake Band, the Wet’suwet’en First Nation and the Office of the Wet’suwet’en Hereditary Chiefs are actively involved in the BLCF. The Office of the Wet’suwet’en Hereditary Chiefs was one of the original signatories on the Community Forest Pilot Agreement and both the Wet’suwet’en First Nation and Xxxxx Lake Band contributed tenure to the Community Forest. Each of these three First Nations organizations hold a designated seat on the BLCF Board of Directors. See Section 3.0 for further information on First Nations and the Community Forest. Reports To
First Nations. Wet’suwet’en First Nations & Office of Wet’suwet’en Hereditary Chiefs Xxxxx Lake Band Stellat’en First Nation
First Nations. 13 The shíshálh Nation is the only First Nation whose consultative boundaries include 14 the Sechelt Creek project. During the EPA renewal negotiations, BC Hydro was 15 advised that the Sechelt Creek IPP and the shíshálh Nation entered into an 16 agreement that results in collaborative decision-making and governance, and will 17 result in shíshálh Nation equity ownership and profit sharing for the project. 18 BC Hydro is of the view that the Sechelt Creek EPA renewal will not result in any 19 new or incremental impacts on Aboriginal rights and title, and therefore it does not 20 trigger the duty to consult. The Sechelt Creek IPP has advised: 21 They do not anticipate any changes to the physical footprint of the Sechelt 22 Creek facility and there will be no change to the energy output of the facility or 23 operations as a result of the EPA renewal; 14 BC Hydro notes that the adjusted levelized energy price, including interconnection network upgrade costs, increases by to $ (2017$).
1 There are no environmental impacts that resulted from the original construction 2 of Sechelt Creek facility that have the potential to worsen with continued 3 operation; and
First Nations. 23 A review of the consultative boundary maps by BC Hydro identifies the Brown Lake 24 facility as being within the consultative boundaries of the following First Nations: 20 In addition, BC Hydro notes that the adjusted levelized energy price, which takes into consideration interconnection network upgrade costs, increases to $ (2017$).
1 Lax Kw’alaams Band:
2 Gitgaat First Nation; 3 Gitxaala Nation; 4 Kitselas First Nation; 5 Kitsumkalum First Nation; and 6 Metlakatla First Nation. 7 BC Hydro is of the view that the Brown Lake EPA renewal will not result in any new 8 or incremental impacts on Aboriginal rights and title, and therefore it does not trigger 9 the duty to consult. The Brown Lake IPP has advised:
First Nations. 8 Both the Cayoose Creek Indian Band and the T’it’q’et Administration, whose 9 consultative boundaries include the Walden North project, were informed that EPA 10 renewal discussions were taking place. The Cayoose Creek Indian Band and the 11 T’it’q’et Administration are two of the eleven communities constituting the St’át’imc 12 Nation. 13 BC Hydro is of the view that the Walden North EPA renewal will not result in any 14 new or incremental impacts on the St’át’imc Nation’s Aboriginal rights and title, and
First Nations. 4.1 The Council of a First Nation provides to Canada the following:
a) Nominal Roll Student Census Report; and
b) Annual Education Staff Information Form.
4.2 The Council provides performance indicator data to FNESC for the following:
a) percentage of First Nation Students who meet or exceed grade level expectations for reading for grades K5-7, writing for grades 2-7, and numeracy for grades K5-7;
b) student attendance rates of school-age students;
c) teacher/student ratio;
d) student/computer ratio;
e) level of connectivity; and
f) administration of standard learning assessments.
4.3 The Council makes available to parents of school-age First Nation Students attending the First Nation School an aggregate outcome report on school performance.
4.4 According to requirements of ISC, First Nations schools will be evaluated once every five years, which shall be addressed through any of the following processes:
a) an assessment under the School Assessment Process, as administered by the FNSA;
b) an evaluation conducted in accordance with the Independent School Act; or
c) an alternate form of assessment or evaluation mutually agreed to by the Council and DISC.
First Nations. 8.14.1 During the Contract Period the Concessionaire at its expense will comply with and perform the First Nations Requirements and satisfy and fulfil all of the First Nations Obligations.
First Nations. 8.19.1 The Province acknowledges that, subject to Sections 8.19.3 and 8.19.4, the Province retains sole responsibility for any and all consultation and accommodation pertaining to aboriginal rights and title and other related issues in relation to the decisions or actions (past, present or future) of the Province, including the decision to proceed with the Project.
8.19.2 Nothing in this Agreement will be interpreted as making the Concessionaire responsible for resolving First Nations Claims (whether past, present or future) or as accepting risks in relation to First Nations challenges of decisions of any Governmental Authority based on the alleged failure by such Governmental Authority to fulfill consultation and accommodation obligations.
8.19.3 The Concessionaire shall, to the extent required by law and in accordance with any policy of general application to the Province of British Columbia established from time to time by the Province, discuss with First Nations issues with respect to the Project.
8.19.4 The Concessionaire shall work with the Province and First Nations to try to address the potential impact of performing the Undertakings on the First Nations.
8.19.5 The Concessionaire shall within 15 days of becoming aware of any First Nation claim in respect of the Project Facilities, Site and Adjacent Areas or the Graving Dock Site or the Project, provide written notice to the Province of such claim along with full written particulars of any such claim.
8.19.6 The Concessionaire will, in good faith and at all times, cooperate with the Province and its counsel in any and all investigations, settlements and judicial determinations of any First Nation Claims made in respect of First Nations matters and will not take any actions or seek any remedies against any First Nation or member of a First Nation in respect of First Nations Claims without the prior approval of the Province.
