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1998 Legislative Session: 3rd Session, 36th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 22nd day of April, 1999

Ian D. Izard, Law Clerk

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

SCHEDULE

CHAPTER 20 OF 22

CHAPTER 20

ELIGIBILITY AND ENROLMENT

ELIGIBILITY CRITERIA

1. An individual is eligible to be enrolled under this

Agreement if that individual is:

a. of Nis g a'a ancestry and their mother was born into one of

the Nis g a'a tribes;

b. a descendant of an individual described in subparagraphs

1 (

a) or 1 (c);

c. an adopted child of an individual described in subparagraphs

1 (

a) or 1 (b); or

d. an aboriginal individual who is married to someone described in

subparagraphs 1 (a), (b), or (

c) and has been adopted by one of the four Nis g a'a

tribes in accordance with Ayuu k hl Nis g a'a, that is, the individual

has been accepted by a Nis g a'a tribe, as a member of that tribe, in the presence of

witnesses from the other Nis g a'a tribes at a settlement or stone moving feast.

2. Enrolment under this Agreement does not:

a. confer or deny rights of entry into Canada, Canadian citizenship,

the right to be registered as an Indian under the Indian Act , or any of the rights

or benefits under the Indian Act ; or

b. except as set out in this Agreement or in any federal or

provincial law, impose any obligation on Canada or British Columbia to provide rights or

benefits.

OTHER LAND CLAIMS AGREEMENTS

3. An individual who is enrolled under another land claims

agreement in Canada may not at the same time be enrolled under this Agreement.

4. An individual enrolled under another land claims agreement

in Canada may apply to enrol under this Agreement, but if their application succeeds that

individual must withdraw from enrolment under the other land claims agreement.

5. If the Enrolment Committee determines that an individual who

is enrolled under another land claims agreement in Canada meets the eligibility criteria,

the individual will be conditionally enrolled, and the individual's enrolment will be

effective when the individual ceases to be enrolled under the other land claims agreement.

6. If an individual who has been conditionally enrolled does

not, within 60 days after receiving written notification by the Enrolment Committee,

demonstrate that they have ceased to be enrolled under the other land claims agreement,

the Enrolment Committee will remove that individual's name from the enrolment register.

APPLICANTS

7. An individual may:

a. apply to the Enrolment Committee for enrolment;

b. appeal a decision of the Enrolment Committee to the Enrolment

Appeal Board; or

c. seek judicial review of a decision of the Enrolment Appeal Board

on their own behalf, or on behalf of a minor, or an adult whose

affairs they have the legal authority to manage.

ENROLMENT COMMITTEE

8. The Enrolment Committee is a committee established by the

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

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

9. The Enrolment Committee comprises eight Nis g a'a

individuals, as follows:

a. two members from the Laxsgiik (Eagle) tribe, as selected by

that tribe;

b. two members from the Gis k 'aast (Killer whale) tribe,

as selected by that tribe;

c. two members from the G anada (Raven) tribe, as

selected by that tribe; and

d. two members from the Laxgibuu (Wolf) tribe, as selected by

that tribe

each of whom must understand Ayuu k hl Nis g a'a,

Nis g a'a culture, Nis g a'a ancestry, Nis g a'a tribes, and Nis g a'a

community institutions, and must reside in a Nis g a'a Village.

10. During the initial enrolment period, the Nis g a'a

Tribal Council or the Nis g a'a Nation, as the case may be, will notify Canada and

British Columbia of the names of the individuals appointed to the Enrolment Committee.

11. During the initial enrolment period, the Enrolment

Committee will:

a. consider each application and:

i. enrol each applicant who demonstrates that they meet the

eligibility criteria, and

ii. refuse to enrol each applicant who does not demonstrate that

they meet the eligibility criteria;

b. establish and maintain, as a public document, an enrolment

register containing the name of each individual who is enrolled;

c. take reasonable steps to publish the enrolment rules and the

eligibility criteria;

d. provide an application form to any individual who wishes to apply

for enrolment;

e. provide written notification to each applicant of its decision in

respect of their application, and if enrolment is refused, include written reasons for

that decision;

f. provide a copy of the notification referred to in subparagraph

11 (e), including any reasons, to the Nis g a'a Tribal Council or the Nis g a'a

Nation, as the case may be, and to Canada;

g. upon request, provide in confidence a Party or the Enrolment

Appeal Board with information in respect of an individual's enrolment application;

h. add names to, or delete names from, the enrolment register in

accordance with this Chapter;

i. subject to this Chapter, keep information provided by and about

applicants confidential; and

j. provide a copy of the enrolment register to the Parties each year

and at other times on request.

12. In addition to the functions set out in paragraph 11,

before the completion of the referendum in respect of this Agreement under paragraph 2 of

the Ratification Chapter, the Enrolment Committee will:

a. provide the Ratification Committee with the name of each

individual who is enrolled, and any other information requested by the Ratification

Committee; and

b. if the Enrolment Committee forms the opinion that an applicant

will be refused enrolment, provide the applicant with a reasonable opportunity to present

further information or representations, in accordance with the enrolment rules.

13. Each applicant has the burden of proving to the Enrolment

Committee that they meet the eligibility criteria.

14. Subject to this Chapter, all decisions of the Enrolment

Committee are final and binding.

15. The Enrolment Committee may, before an appeal of a decision

is commenced, vary the decision on the basis of new information, if it considers the

decision was in error.

16. If the Enrolment Committee does not make a decision in

respect of an application for enrolment within the time established in the enrolment

rules, the application will be deemed to be refused.

APPLICATION TO REMOVE APPLICANTS FROM

ENROLMENT REGISTER

17. If a Nis g a'a participant, or an individual having

legal authority to manage the affairs of a Nis g a'a participant, applies to have the

Nis g a'a participant's name removed from the enrolment register, the Enrolment

Committee will remove the Nis g a'a participant's name and will notify the individual

who made that application.

ENROLMENT APPEAL BOARD

Appeals

18. An applicant, a Party, or a Nis g a'a Village may

appeal to the Enrolment Appeal Board any decision of the Enrolment Committee made under

subparagraph 11 (

a) or paragraph 15.

Establishment of Enrolment Appeal Board

19. On the effective date, the Nis g a'a Nation and Canada

will establish the Enrolment Appeal Board consisting of three members. The Nis g a'a

Nation and Canada will each appoint one member and will jointly appoint a chairperson.

20. The Enrolment Appeal Board will:

a. establish its own procedures and time limits;

b. hear and determine each appeal brought under paragraph 18 and

decide whether the applicant will be enrolled;

c. conduct its hearings in public unless it determines in a

particular case that there are reasons for confidentiality that outweigh the public

interest in having an open hearing; and

d. provide written reasons for its decision to the appellant, the

applicant and the Parties.

21. The Enrolment Appeal Board:

a. by summons, may require any individual to appear before the

Enrolment Appeal Board as a witness and produce any relevant document in their possession;

and

b. may direct a witness to answer on oath or solemn affirmation

questions posed to the witness.

22. A judge of the Supreme Court of British Columbia, on

application by the Enrolment Appeal Board, may enforce a summons or direction made under

paragraph 21.

23. An applicant, a Party, a Nis g a'a Village or a

witness appearing before the Enrolment Appeal Board may be represented by counsel or

agent.

24. No action lies or may be instituted against the Enrolment

Appeal Board, or any member of the Enrolment Appeal Board, for anything said or done, or

omitted to be said or done, in good faith in the performance, or intended performance, of

a duty or in the exercise or intended exercise of a power under this Chapter.

25. Subject to paragraphs 26 to 29, all decisions of the

Enrolment Appeal Board are final and binding.

JUDICIAL REVIEW

26. An applicant, a Party, or a Nis g a'a Village may

apply to the Supreme Court of British Columbia to review and set aside a decision of the

Enrolment Appeal Board, on the grounds that the Enrolment Appeal Board acted without

jurisdiction, acted beyond its jurisdiction, refused to exercise its jurisdiction, failed

to observe procedural fairness, erred in law, or based its decision on an erroneous

finding of fact that it made in a perverse or capricious manner, or without regard for the

material before it.

27. On an application for judicial review, the Court may either

dismiss the application or set aside the decision and refer the matter back to the

Enrolment Appeal Board for determination in accordance with any directions that the Court

considers appropriate.

28. If the Enrolment Appeal Board fails to hear or decide an

appeal within a reasonable time, an applicant, a Party, or a Nis g a'a Village may

apply to the Supreme Court of British Columbia for an order directing the Enrolment Appeal

Board to hear or decide the appeal in accordance with any directions that the Court

considers appropriate.

29. An applicant, a Party, or a Nis g a'a Village may

apply for judicial review within 60 days of receiving notification of the decision of the

Enrolment Appeal Board or a longer time determined by the Court.

FUNDING

30. During the initial enrolment period, Canada and British

Columbia will pay the costs of the Enrolment Committee and the Enrolment Appeal Board as

set out in the "Eligibility and Enrolment Funding Agreement for a Nis g a'a

Final Agreement" dated October 23, 1997.

DISSOLUTION OF ENROLMENT COMMITTEE AND

ENROLMENT APPEAL BOARD

31. The Enrolment Committee and the Enrolment Appeal Board will

be dissolved when they have made a decision in respect of every application or appeal made

or commenced before the end of their respective initial enrolment period.

32. On dissolution, the Enrolment Committee and Enrolment

Appeal Board will provide their records to Nis g a'a Lisims Government.

NIS G A'A NATION

RESPONSIBILITIES FOR ENROLMENT

33. Subject to the funding agreement referred to in paragraph

30, after the initial enrolment period the Nis g a'a Nation will:

a. be responsible for an enrolment process and the administrative

costs of that process;

b. maintain the enrolment register;

c. provide a copy of the enrolment register to Canada and British

Columbia each year or as they request; and

d. provide information concerning enrolment to Canada and British

Columbia as they request.

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