CHAPTER 23 – RATIFICATION

GENERAL

1.  This Agreement will be submitted to the Parties for ratification after it has been initialed by the chief negotiators for the Parties.

2.  This Agreement is legally binding once it has been ratified and brought into effect in accordance with this Chapter.

RATIFICATION BY Tla’amin

3.  Ratification of this Agreement by the Tla’amin Nation requires:

a. that Tla’amin People have a reasonable opportunity to review this Agreement;

b. a vote, by way of a secret ballot;

c. that at least fifty percent plus one of Eligible Voters on the final Official Voters List vote in favour of this Agreement;

d. ratification of the Tla’amin Constitution through the process set out in paragraph 4; and

e. that this Agreement be signed by an authorized representative of the Tla’amin Nation.

RATIFICATION OF THE Tla’amin CONSTITUTION

4.  Ratification of the Tla’amin Constitution by the Tla’amin Nation requires:

a. that Tla’amin People have a reasonable opportunity to review the Tla’amin Constitution;

b. a vote, by way of a secret ballot on or before the date of the vote on this Agreement; and

c. that at least fifty percent plus one of Eligible Voters on the final Official Voters List vote in favour of the Tla’amin Constitution.

RATIFICATION COMMITTEE

5.  The Tla’amin Nation will establish a Ratification Committee.

6.  The Ratification Committee will be comprised of three members and will include a representative of the Tla’amin Nation, a representative of Canada and a representative of British Columbia.

7.  The Ratification Committee will:

a. establish and publish its procedures and set its time limits;

b. take reasonable steps to provide an opportunity for Tla’amin People to review the Tla’amin Constitution and this Agreement;

c. prepare and publish a preliminary list of voters for each of the Ratification Votes based on the information provided by the Enrolment Committee under subparagraph 14.k of the Eligibility and Enrolment Chapter;

d. prepare and publish an Official Voters List for each of the Ratification Votes based on the preliminary list of voters prepared under subparagraph 7.c by:

i. determining whether each individual whose name is provided to it by the Enrolment Committee is eligible to vote under paragraph 8; and

ii. including on the Official Voters List the name of each individual whom the Ratification Committee determines to be eligible to vote under subparagraph 7.d.i;

e. update the Official Voters List for each of the Ratification Votes by:

i. at any time before the close of polls on the last voting day, adding to the Official Voters List:

(1) the name of each individual whose name has been removed under subparagraph 7.e.ii(1) and who has provided contact information to the Tla’amin Nation or the Ratification Committee;

(2) the name of each individual whom the Ratification Committee determines to be eligible to vote under paragraph 8; and

(3) the name of each individual who casts a ballot under paragraph 9 and whose ballot is counted under paragraph 10; and

ii. removing from the Official Voters List:

(1) the name of each individual who the Tla’amin Nation has made a specific request to the Ratification Committee before the close of polls on the last voting day for removal from the Official Voters List due to an inability to contact that individual provided that the Tla’amin Nation provides documentation of the steps taken to contact the individual and the Ratification Committee is satisfied that those steps are reasonable;

(2) the name of each individual who did not vote in the Ratification Vote and who provides, within seven days of the last scheduled day of voting in the Ratification Vote, 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; and

(3) the name of each individual who died on or before the last voting day without having voted in the Ratification Vote; and

iii. preparing and publishing a final Official Voters List;

f. approve the form and content of the ballots before each of the Ratification Votes commences;

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

h. ensure that the dates of each of the Ratification Votes and the location of the polling stations are made public;

i. conduct each of the Ratification Votes on a day or days determined by the Ratification Committee;

j. make public the results of each of the Ratification Votes immediately following the Ratification Vote count; and

k. prepare and provide to the Parties a written report on the outcome of the Ratification Vote within 90 days following the last day of each of the Ratification Votes.

ELIGIBLE VOTERS

8.  An individual is eligible to vote in a Ratification Vote where the individual is:

a. enrolled or conditionally enrolled in accordance with the Eligibility and Enrolment Chapter; and

b. at least 18 years of age on the last scheduled day of voting in that Ratification Vote.

9.  An individual whose name is not included on the Official Voters List may vote where:

a. the Enrolment Committee provides a voting officer with confirmation that the individual submitted a completed enrolment application form to the Enrolment Committee; and

b. the individual provides evidence satisfactory to a voting officer that the individual is at least 18 years of age on the last scheduled day of voting in that Ratification Vote.

10.  The ballot of an individual described under paragraph 9 will be counted in the Ratification Vote only where the Enrolment Committee notifies the Ratification Committee that the individual meets the eligibility criteria to be enrolled or conditionally enrolled in accordance with the Eligibility and Enrolment Chapter within a time frame established by the Ratification Committee.

COSTS

11.  Canada and British Columbia will provide agreed upon funding for the Ratification Committee.

RATIFICATION BY BRITISH COLUMBIA

12.  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.

13. British Columbia will Consult with the Tla’amin Nation on the development of Provincial Settlement Legislation.

RATIFICATION BY CANADA

14.  Ratification of this Agreement by Canada requires:

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

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

15.  Canada will Consult with the Tla’amin Nation on the development of Federal Settlement Legislation.

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