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1998 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

BILL 51: NIS G A'A FINAL AGREEMENT ACT –

SCHEDULE

CHAPTER 22 OF 22

CHAPTER 22

RATIFICATION

GENERAL

1. Ratification of this Agreement by the Parties in accordance

with this

Chapter is a condition precedent to the validity of this Agreement and, unless

so ratified, this Agreement has no force or effect.

RATIFICATION BY THE NIS G A'A NATION

2. Ratification of this Agreement by the Nis g a'a Nation

requires:

a. debate at an assembly of the Nis g a'a Nation called to

consider this Agreement and to determine whether to refer it to a referendum;

b. proposal at that assembly of a motion to refer this Agreement to a

referendum;

c. adoption of that motion by a simple majority of those voting on

that motion;

d. conduct, by the Ratification Committee, of the referendum referred

to in paragraph 5; and

e. that in that referendum, a simple majority of eligible voters vote

in favour of entering into this Agreement.

3. All votes cast in a referendum under this

Chapter will be by

secret ballot.

Ratification Committee

4. The Ratification Committee is a committee established by the

General Executive Board of the Nis g a'a Tribal Council and governed by rules adopted

by the General Executive Board of the Nis g a'a Tribal Council. It includes a

representative of Canada, selected by the Minister of Indian Affairs and Northern

Development, and a representative of British Columbia.

5. Conduct of the referendum by the Ratification Committee

requires the following steps:

a. preparing and publishing a preliminary list of voters based on the

information provided by the Enrolment Committee under paragraph 12 of the Eligibility and

Enrolment Chapter;

b. taking reasonable steps to provide the opportunity for the Nis g a'a

Nation to review this Agreement;

c. preparing and publishing an official voters list at least 14 days

before the first day of general voting in the referendum by:

i. determining whether or not each individual whose name is

provided to it by the Enrolment Committee is eligible to vote, and

ii. including on that list the name of each individual whom the

Ratification Committee determines to be eligible to vote in accordance with

paragraph 6;

d. updating the official voters list by:

i. at any time before the end of general voting, adding to the

official voters list the name of each individual whom the Ratification Committee

determines to be eligible to vote in accordance with paragraph 6,

ii. adding to the official voters list the name of each individual

who votes in accordance with paragraph 7 and whose vote counts in accordance with

paragraph 8,

iii. removing from the official voters list the name of each

individual who died on or before the last day of voting without having voted in the

referendum, and

iv. removing from the official voters list the name of each

individual who did not vote in the referendum and who provides, within seven days of the

last scheduled day of voting in the referendum, certification by a qualified medical

practitioner that the individual was physically or mentally incapacitated to the point

that they could not have voted on the dates set for general voting;

e. approving the form and content of the ballot;

f. authorizing and providing general direction to voting officers;

g. conducting the vote on a day or days determined by the

Ratification Committee; and

h. counting the vote.

Eligible Voters

6. An individual is eligible to vote in the referendum if that

individual:

a. has been enrolled by the Enrolment Committee as a Nis g a'a

participant in accordance with the eligibility criteria set out in paragraph 1 of the

Eligibility and Enrolment Chapter;

b. will be at least 18 years of age on the last scheduled day of

voting for the referendum referred to in paragraph 5;

c. is ordinarily resident in Canada; and

d. is not enrolled in any other land claims agreement in Canada.

7. An individual who is eligible to vote under paragraph 6, but

whose name is not included on the official voters list, may vote in the referendum if that

individual:

a. provides the voting officer with a completed enrolment application

form or evidence satisfactory to the voting officer that the individual has submitted an

enrolment application form to the Enrolment Committee;

b. provides evidence satisfactory to the voting officer that the

individual meets the requirements set out in subparagraphs 6 (

b) and (c); and

c. declares in writing that they:

i. meet the eligibility criteria set out in paragraph 1 of the

Eligibility and Enrolment Chapter, and

ii. are not enrolled in any other land claims agreement in Canada.

8. The ballot of an individual who votes under paragraph 7

counts in determining the outcome of the referendum only if the Ratification Committee

determines that the individual is enrolled by the Enrolment Committee and meets the

criteria set out in subparagraphs 6 (b), (c), and (d).

Costs

9. Canada and British Columbia will pay the costs of the

Ratification Committee as set out in the "Ratification Funding Agreement for a Nis g a'a

Final Agreement" entered into by the Parties on March 31, 1998.

RATIFICATION BY CANADA

10. Ratification of this Agreement by Canada requires:

a. that this Agreement be signed by a Minister of the Crown

authorized by the Governor in Council; and

b. the enactment of federal settlement legislation giving effect to

this Agreement.

RATIFICATION BY BRITISH COLUMBIA

11. Ratification of this Agreement by British Columbia

requires:

a. that this Agreement be signed by a Minister of the Crown

authorized by the Lieutenant Governor in Council; and

b. the enactment of provincial settlement legislation giving effect

to this Agreement.

ADOPTION OF THE NIS G A'A

CONSTITUTION

12. Adoption of the Nis g a'a Constitution requires the

support of at least 70% of those eligible voters who vote in a referendum on the Nis g a'a

Constitution.

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