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This Act is current to October 3, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Maa-nulth First Nations Final Agreement Act

[SBC 2007] CHAPTER 43

Schedule

Maa-nulth First Nations Final Agreement

CHAPTER 28 — RATIFICATION

28.1.0  GENERAL

28.1.1 This Agreement is legally binding once ratified by all of the Parties in accordance with this Chapter.

28.1.2 This Agreement will be submitted to the Parties for ratification as provided for in this Chapter after it has been initialed by the chief negotiators for Canada and British Columbia, and the lead negotiator for the Maa‑nulth First Nations.

28.2.0  RATIFICATION BY MAA‑NULTH FIRST NATIONS

28.2.1 Ratification of this Agreement by a Maa‑nulth First Nation requires that:

a. its Eligible Voters have a reasonable opportunity to review this Agreement;

b. subject to 28.3.4, dates be set for the Treaty Vote and Band Vote, which will be the same days for every Treaty Vote and Band Vote unless otherwise agreed to by the Parties;

c. each of the Treaty Vote and Band Vote be conducted by way of a secret ballot and overseen by the Ratification Committee, on behalf of that Maa‑nulth First Nation, in accordance with 28.2.5;

d. a majority of its Eligible Voters on its List of Eligible Voters have voted to approve this Agreement;

e. a majority of the Eligible Voters on the List of Eligible Voters of each other Maa‑nulth First Nation have voted to approve this Agreement;

f. the matters provided for in 28.3.1 be approved by the applicable Band Vote in accordance with 28.3.0; and

g. this Agreement be signed by that Maa‑nulth First Nation's representative as authorized by a band council resolution of the applicable Maa‑nulth Indian Band or such other authorization as that Maa‑nulth First Nation may determine.

28.2.2 Before the Treaty Vote, each Maa‑nulth First Nation will have ratified its Maa‑nulth First Nation Constitution in accordance with 13.3.4.

28.2.3 The Parties will establish a seven member Ratification Committee, with one representative from each Maa‑nulth First Nation, one representative from Canada and one representative from British Columbia.

28.2.4 The Ratification Committee is responsible for:

a. matters relating to the Treaty Vote of each Maa‑nulth First Nation described in 28.2.5 and 28.2.7 to 28.2.9; and

b. matters relating to the Band Vote of each Maa‑nulth Indian Band described in 28.2.6 and 28.3.0.

28.2.5 As regards the Treaty Vote of a Maa‑nulth First Nation the Ratification Committee will:

a. ensure that Maa‑nulth First Nation has provided its Eligible Voters a reasonable opportunity to review this Agreement;

b. prepare and publish:

i. the List of Eligible Voters of that Maa‑nulth First Nation based on the names of the individuals on the Preliminary Enrolment Register provided by the Enrolment Committee in accordance with 26.4.4b.; and

ii. an updated List of Eligible Voters of that Maa‑nulth First Nation updated in accordance with 28.2.5c. at least 14 days before the Treaty Vote commences;

c. update the List of Eligible Voters for that Maa‑nulth First Nation by:

i. at any time on or before the last day of the Treaty Vote, adding to the List of Eligible Voters of that Maa‑nulth First Nation the name of each individual whom the Ratification Committee determines to be eligible to vote in that Maa‑nulth First Nation's Treaty Vote in accordance with 28.2.7;

ii. adding to the List of Eligible Voters of that Maa‑nulth First Nation the name of each individual who votes in the Treaty Vote of that Maa‑nulth First Nation in accordance with 28.2.8 and whose vote counts in accordance with 28.2.9;

iii. removing from the List of Eligible Voters of that Maa‑nulth First Nation the name of each individual who died on or before the last day of the Treaty Vote, provided the individual has not already voted;

iv. removing from the List of Eligible Voters of that Maa‑nulth First Nation the name of each individual who did not vote in the Treaty Vote of that Maa‑nulth First Nation and for whom certification is provided to the Ratification Committee by the close of polls on the last day of the Treaty Vote, by a qualified medical practitioner, that the individual was physically or mentally incapacitated to the point that he or she could not have voted on the dates set for the Treaty Vote;

v. removing from the List of Eligible Voters of that Maa‑nulth First Nation the name of each individual who has applied, or on whose behalf application has been made to the Ratification Committee, by the close of polls on the last day of voting in the Treaty Vote, to have his or her name removed from the List of Eligible Voters of that Maa‑nulth First Nation, provided the individual has not already voted;

vi. subject to 28.2.11, removing from the List of Eligible Voters of that Maa‑nulth First Nation the name of each individual whose name appears on the Preliminary Enrolment Register but in respect of whom that Maa‑nulth First Nation has made a specific request to the Ratification Committee by the close of polls on the last day of the Treaty Vote for removal from the List of Eligible Voters due to an inability to contact that individual; and

vii. adding to the List of Eligible Voters of that Maa‑nulth First Nation the name of each individual whose name has been removed from the List of Eligible Voters in accordance with 28.2.5c.vi. and who has, before the close of polls on the last day of the Treaty Vote, provided contact information to the applicable Maa‑nulth First Nation or the Ratification Committee;

d. prepare, approve and publish the form and content of the ballot to be used in the Treaty Vote of that Maa‑nulth First Nation at least 14 days before the Treaty Vote commences;

e. authorize and provide general direction to voting officers regarding the Treaty Vote including the establishment of polling stations and rules that may include advance polling and mail-in ballots;

f. oversee the conduct of the Treaty Vote on days determined by the Maa‑nulth First Nations in all polling stations established by the Ratification Committee;

g. ensure that the dates of the Treaty Vote and location of the polling stations are made publicly available;

h. oversee the counting of each Treaty Vote ballot;

i. make public the results of the Treaty Vote; and

j. within 90 days following the last day of the Treaty Vote prepare and provide to the Parties a written report on the outcome of the Treaty Vote.

28.2.6 As regards the Band Vote of a Maa‑nulth Indian Band, the Ratification Committee will:

a. prepare, maintain and publish a voters list for that Maa‑nulth Indian Band as contemplated by 28.3.0;

b. prepare, approve and publish the form and content of the ballot to be used in the Band Vote of that Maa‑nulth Indian Band at least 14 days before the Band Vote commences;

c. authorize and provide general direction to voting officers to be employed in the conduct of that Maa‑nulth Indian Band's Band Vote, including the establishment of polling stations and rules that may include advance polling and mail-in ballots;

d. conduct each Band Vote on days determined by the Maa‑nulth First Nations in all polling stations established by the Ratification Committee;

e. ensure that the dates of the Band Vote and location of the polling stations are made publicly available;

f. oversee the counting of each Band Vote ballot; and

g. within 90 days following the last day of the Band Vote prepare and provide to the Parties a written report on the outcome of the Band Vote.

28.2.7 As regards a Maa‑nulth First Nation, an Eligible Voter is an individual who:

a. has been placed on the Preliminary Enrolment Register of that Maa‑nulth First Nation by the Enrolment Committee; and

b. is 16 years of age or older on the last scheduled day of the Treaty Vote.

28.2.8 An individual whose name is not included on the List of Eligible Voters of a Maa‑nulth First Nation may vote in that Maa‑nulth First Nation's Treaty Vote if that individual provides a voting officer with:

a. a completed application for enrolment in that Maa‑nulth First Nation; or

b. evidence satisfactory to that voting officer that the individual has submitted to the Enrolment Committee an application form to be enrolled in that Maa‑nulth First Nation.

28.2.9 The ballot of an individual who votes in accordance with 28.2.8 counts in determining the outcome of the Treaty Vote of a Maa‑nulth First Nation only if the Ratification Committee:

a. determines that the individual is an Eligible Voter; and

b. adds the name of the individual to the List of Eligible Voters of that Maa‑nulth First Nation in accordance with 28.2.5c.ii.

28.2.10 If a majority of the Eligible Voters on the List of Eligible Voters of each Maa‑nulth First Nation do not vote in favour of this Agreement in accordance with the Treaty Vote conducted in accordance with 28.2.5 the Parties will, within 30 days of the last day of the Treaty Vote, meet to discuss measures that may be necessary to achieve the successful ratification of this Agreement, including:

a. re-conducting the Treaty Vote;

b. potential amendments to the ratification process;

c. other potential amendments to this Agreement; and

d. such other matters agreed to by the Parties.

28.2.11 The Ratification Committee may only agree to the removal of an individual's name from the List of Eligible Voters of a Maa‑nulth First Nation in accordance with 28.2.5c.vi. if that Maa‑nulth First Nation submits to the Ratification Committee documentation, acceptable to the Ratification Committee, setting out the steps taken by that Maa‑nulth First Nation to contact the individual and the Ratification Committee is satisfied that those steps constituted a reasonable effort to contact the individual.

28.3.0  RATIFICATION BY A MAA‑NULTH INDIAN BAND

28.3.1 Subject to 28.3.4, on the same day or days as the Treaty Vote, the Ratification Committee will conduct, for each Maa‑nulth Indian Band, a Band Vote of registered Indians of that Maa‑nulth Indian Band seeking their approval that on the Effective Date, that Maa‑nulth Indian Band:

a. that its assets and liabilities will be transferred to the applicable Maa‑nulth First Nation; and

b. will be dissolved.

28.3.2 At least thirty days before the first day of voting in the Band Vote, the Ratification Committee will establish a voters list for the applicable Maa‑nulth Indian Band which will consist of all registered Indians of that Maa‑nulth Indian Band who will be 16 years of age or older on the last scheduled day of the Band Vote.

28.3.3 As regards the Band Vote of a Maa‑nulth Indian Band, the Ratification Committee will update the voters list for that Maa‑nulth Indian Band by removing from that list the name of each individual who:

a. died on or before the last day of the Band Vote, provided the individual has not already voted;

b. did not vote in the Band Vote of that Maa‑nulth Indian Band and for whom certification is provided by the close of polls on the last day of the Band Vote, by a qualified medical practitioner, that the individual was physically or mentally incapacitated to the point that he or she could not have voted on the dates set for the Band Vote;

c. has applied, or on whose behalf application has been made, by the close of polls on the last day of voting in the Band Vote, to have his or her name removed from the voters list for that Maa‑nulth Indian Band of that Maa‑nulth First Nation, provided the individual has not already voted; or

d. has transferred to another Indian Band, where both the council of the applicable Maa‑nulth Indian Band and the council of the Indian Band to which the individual has transferred have accepted in writing the transfer, provided the individual has not already voted.

28.3.4 A Band Vote is approved if a majority of the voters casting ballots in the applicable Band Vote have voted to approve and a majority of the individuals on the voters list of the applicable Maa‑nulth Indian Band vote.

28.3.5 Notwithstanding 28.3.1, if a majority of the individuals on the voters list of a Maa‑nulth Indian Band fail to vote, the applicable Maa‑nulth First Nation may provide directions and instruction for the Ratification Committee for the conduct of additional days of voting for that Maa‑nulth Indian Band's Band Vote.

28.3.6 Where the Ratification Committee is unable to establish the current address of a registered Indian of a Maa‑nulth Indian Band, the Ratification Committee, upon request by the applicable Maa‑nulth First Nation may remove that individual from the voters list of that Maa‑nulth Indian Band.

28.4.0  RATIFICATION BY CANADA

28.4.1 Ratification of this Agreement by Canada requires:

a. that this Agreement be signed by a Minister authorized by the federal Cabinet; and

b. the coming into force of Federal Settlement Legislation giving effect to this Agreement.

28.5.0  RATIFICATION BY BRITISH COLUMBIA

28.5.1 Ratification of this Agreement by British Columbia requires:

a. that this Agreement be signed by a Minister authorized to do so; and

b. the coming into force of Provincial Settlement Legislation giving effect to this Agreement.

Contents | Sections 1 to 31 | Schedule - Contents | Schedule - Preamble | Schedule - Chapter 1 | Schedule - Chapter 2 | Schedule - Chapter 3 | Schedule - Chapter 4 | Schedule - Chapter 5 | Schedule - Chapter 6 | Schedule - Chapter 7 | Schedule - Chapter 8 | Schedule - Chapter 9 | Schedule - Chapter 10 | Schedule - Chapter 11 | Schedule - Chapter 12 | Schedule - Chapter 13 | Schedule - Chapter 14 | Schedule - Chapter 15 | Schedule - Chapter 16 | Schedule - Chapter 17 | Schedule - Chapter 18 | Schedule - Chapter 19 | Schedule - Chapter 20 | Schedule - Chapter 21 | Schedule - Chapter 22 | Schedule - Chapter 23 | Schedule - Chapter 24 | Schedule - Chapter 25 | Schedule - Chapter 26 | Schedule - Chapter 27 | Schedule - Chapter 28 | Schedule - Chapter 29 | Appendix - Contents | Appendix - Introduction | Appendix A | Appendix B | Appendix C | Appendix D | Appendix E | Appendix F | Appendix G | Appendix H | Appendix I | Appendix J | Appendix K | Appendix L | Appendix M | Appendix N | Appendix O | Appendix P | Appendix Q | Appendix R | Appendix S | Appendix T | Appendix U | Appendix V | Appendix W | Appendix X | Appendix Y