Common use of Gathering Clause in Contracts

Gathering. 7.7.1 Yale First Nation has the right to gather Plants for Domestic Purposes in the Gathering Area in accordance with this Agreement. 7.7.2 The Yale First Nation Right to Gather Plants is limited by measures necessary for conservation, public health or public safety. 7.7.3 Yale First Nation may not dispose of the Yale First Nation Right to Gather Plants. 7.7.4 All Yale First Nation Members may exercise the Yale First Nation Right to Gather Plants, except as otherwise provided under Yale First Nation Law. 7.7.5 British Columbia may authorize uses of or dispose of provincial Crown land and any such authorized use or disposition may affect the methods, times and locations of gathering of Plants under this Agreement, provided that British Columbia ensures that those authorized uses and dispositions do not deny Yale First Nation the reasonable opportunity to gather Plants under the Yale First Nation Right to Gather Plants. 7.7.6 For the purposes of 7.7.5, British Columbia and Yale First Nation will negotiate and attempt to reach agreement by the Effective Date on a process to evaluate the impact of authorized uses and dispositions of provincial Crown land on Yale First Nation’s reasonable opportunity to gather Plants. 7.7.7 Yale First Nation will exercise the Yale First Nation Right to Gather Plants in a manner that does not interfere with other authorized uses and dispositions of provincial Crown land existing as of the Effective Date, or authorized in accordance with 7.7.5. 7.7.8 In the Gathering Area, the use of resources on provincial Crown land for purposes reasonably incidental to the exercise of the Yale First Nation Right to Gather Plants is subject to Federal and Provincial Law. 7.7.9 The Minister may, for conservation, public health or public safety reasons, require Yale First Nation to prepare a Gathering Plan. 7.7.10 If the Minister requires a Gathering Plan under 7.7.9, that Gathering Plan will include: a. gathering locations; b. times of gathering; and c. the Plants intended to be gathered. 7.7.11 A Gathering Plan, or any proposed amendments to an approved Gathering Plan, will be submitted by Yale First Nation to the Minister for approval. 7.7.12 Yale First Nation will exercise the Yale First Nation Right to Gather Plants in accordance with any approved Gathering Plan or Provincial Protected Area management plan. 7.7.13 Yale First Nation Members are not required to have federal or provincial licences or pay fees or royalties to Canada or British Columbia relating to the exercise of the Yale First Nation Right to Gather Plants. 7.7.14 Yale First Nation has the right to Trade and Barter among themselves, or with other aboriginal people of Canada resident in British Columbia, any Plants gathered under the Yale First Nation Right to Gather Plants. 7.7.15 Yale First Nation Members may exercise the right to Trade and Barter under 7.7.14, except as otherwise provided under Yale First Nation Law under 7.7.16c. 7.7.16 Yale First Nation Government may make laws in respect of the: a. designation of Yale First Nation Members to gather under the Yale First Nation Right to Gather Plants; b. distribution among Yale First Nation Members of the Plants gathered under the Yale First Nation Right to Gather Plants; and c. Trade and Barter of Plants under 7.7.14. 7.7.17 Yale First Nation Law under 7.7.16 prevails to the extent of a Conflict with Federal or Provincial Law. 7.7.18 Yale First Nation Government may make laws in respect of the establishment of documentation to identify Yale First Nation Members who have been designated under 7.7.16a. 7.7.19 Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 7.7.18.

Gathering. 7.7.1 Yale First Nation has the right to gather Plants for Domestic Purposes in the Gathering Area in accordance with this Agreement. 7.7.2 The Yale First Nation Right to Gather Plants is limited by measures necessary for conservation, public health or public safety. 7.7.3 Yale First Nation may not dispose of the Yale First Nation Right to Gather Plants. 7.7.4 All Yale First Nation Members may exercise the Yale First Nation Right to Gather Plants, except as otherwise provided under Yale First Nation Law. 7.7.5 British Columbia may authorize uses of or dispose of provincial Crown land and any such authorized use or disposition may affect the methods, times and locations of gathering of Plants under this Agreement, provided that British Columbia ensures that those authorized uses and dispositions do not deny Yale First Nation the reasonable opportunity to gather Plants under the Yale First Nation Right to Gather Plants. 7.7.6 For the purposes of 7.7.5, British Columbia and Yale First Nation will negotiate and attempt to reach agreement by enter into an agreement, that will come into effect on the Effective Date Date, on a process to evaluate the impact of authorized uses and dispositions of provincial Crown land on Yale First Nation’s reasonable opportunity to gather Plants. 7.7.7 Yale First Nation will exercise the Yale First Nation Right to Gather Plants in a manner that does not interfere with other authorized uses and dispositions of provincial Crown land existing as of the Effective Date, or authorized in accordance with 7.7.5. 7.7.8 In the Gathering Area, the use of resources on provincial Crown land for purposes reasonably incidental to the exercise of the Yale First Nation Right to Gather Plants is subject to Federal and Provincial Law. 7.7.9 The Minister may, for conservation, public health or public safety reasons, require Yale First Nation to prepare a Gathering Plan. 7.7.10 If the Minister requires a Gathering Plan under 7.7.9, that Gathering Plan will include: a. gathering locations; b. times of gathering; and c. the Plants intended to be gathered. 7.7.11 A Gathering Plan, or any proposed amendments to an approved Gathering Plan, will be submitted by Yale First Nation to the Minister for approval. 7.7.12 Yale First Nation will exercise the Yale First Nation Right to Gather Plants in accordance with any approved Gathering Plan or Provincial Protected Area management plan. 7.7.13 Yale First Nation Members are not required to have federal or provincial licences or pay fees or royalties to Canada or British Columbia relating to the exercise of the Yale First Nation Right to Gather Plants. 7.7.14 Yale First Nation has the right to Trade and Barter among themselves, or with other aboriginal people of Canada resident in British ColumbiaCanada, any Plants gathered under the Yale First Nation Right to Gather Plants. 7.7.15 Yale First Nation Members may exercise the right to Trade and Barter under 7.7.14, except as otherwise provided under Yale First Nation Law under 7.7.16c. 7.7.16 Yale First Nation Government may make laws in respect of the: a. designation of Yale First Nation Members to gather under the Yale First Nation Right to Gather Plants; b. distribution among Yale First Nation Members of the Plants gathered under the Yale First Nation Right to Gather Plants; and c. Trade and Barter of Plants under 7.7.14. 7.7.17 Yale First Nation Law under 7.7.16 prevails to the extent of a Conflict with Federal or Provincial Law. 7.7.18 Yale First Nation Government may make laws in respect of the establishment of documentation to identify Yale First Nation Members who have been designated under 7.7.16a. 7.7.19 Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 7.7.18.