NISGA'A FINAL AGREEMENT |
RATIFICATION |
CHAPTER 22
RATIFICATION
GENERAL
-
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 NISGA’A NATION
-
Ratification of this Agreement by the Nisga’a
Nation requires:
-
debate at an assembly of the Nisga’a
Nation called to consider this Agreement and to determine whether to refer
it to a referendum;
-
proposal at that assembly of a motion to refer
this Agreement to a referendum;
-
adoption of that motion by a simple majority
of those voting on that motion;
-
conduct, by the Ratification Committee, of
the referendum referred to in paragraph 5; and
-
that in that referendum, a simple majority
of eligible voters vote in favour of entering into this Agreement.
-
All votes cast in a referendum under this
Chapter will be by secret ballot.
Ratification Committee
-
The Ratification Committee is a committee
established by the General Executive Board of the Nisga’a Tribal
Council and governed by rules adopted by the General Executive Board of
the Nisga’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.
-
Conduct of the referendum by the Ratification
Committee requires the following steps:
-
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;
-
taking reasonable steps to provide the opportunity
for the Nisga’a Nation to review this Agreement;
-
preparing and publishing an official voters
list at least 14 days before the first day of general voting in the referendum
by:
-
determining whether or not each individual
whose name is provided to it by the Enrolment Committee is eligible to
vote, and
-
including on that list the name of each individual
whom the Ratification Committee determines to be eligible to vote in accordance
with paragraph 6;
-
updating the official voters list by:
-
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,
-
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,
-
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
-
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;
-
approving the form and content of the ballot;
-
authorizing and providing general direction
to voting officers;
-
conducting the vote on a day or days determined
by the Ratification Committee; and
-
counting the vote.
Eligible Voters
-
An individual is eligible to vote in the referendum
if that individual:
-
has been enrolled by the Enrolment Committee
as a Nisga’a participant in accordance with the eligibility criteria
set out in paragraph 1 of the Eligibility and Enrolment Chapter;
-
will be at least 18 years of age on the last
scheduled day of voting for the referendum referred to in paragraph 5;
-
is ordinarily resident in Canada; and
-
is not enrolled in any other land claims agreement
in Canada.
-
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:
-
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;
-
provides evidence satisfactory to the voting
officer that the individual meets the requirements set out in subparagraphs
6(b) and (c); and
-
declares in writing that they:
-
meet the eligibility criteria set out in paragraph
1 of the Eligibility and Enrolment Chapter, and
-
are not enrolled in any other land claims
agreement in Canada.
-
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
-
Canada and British Columbia will pay the costs
of the Ratification Committee as set out in the "Ratification Funding Agreement
for a Nisga’a Final Agreement" entered into by the Parties on March
31, 1998.
RATIFICATION BY CANADA
-
Ratification of this Agreement by Canada requires:
-
that this Agreement be signed by a Minister
of the Crown authorized by the Governor in Council; and
-
the enactment of federal settlement legislation
giving effect to this Agreement.
RATIFICATION BY BRITISH COLUMBIA
-
Ratification of this Agreement by British
Columbia requires:
-
that this Agreement be signed by a Minister
of the Crown authorized by the Lieutenant Governor in Council; and
-
the enactment of provincial settlement legislation
giving effect to this Agreement.
ADOPTION OF THE NISGA’A CONSTITUTION
-
Adoption of the Nisga’a Constitution
requires the support of at least 70% of those eligible voters who vote
in a referendum on the Nisga’a Constitution.
CHAPTERS:
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
APPENDICES:
A B
C D
E F
G H
I J
K L
M
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