Table of Contents

CHAPTER 24 —
RATIFICATION OF THE FINAL AGREEMENT

GENERAL

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

RATIFICATION BY TSAWWASSEN FIRST NATION

2.  Ratification of this Agreement by Tsawwassen First Nation requires:

a. that Tsawwassen Individuals have a reasonable opportunity to review this Agreement;

b. a vote, by way of a secret ballot, conducted by the ratification committee as set out in clauses 3, 4, 5 and 9;

c. that a majority of those individuals who are eligible to vote under clauses 4 and 5 vote in favour of this Agreement;

d. ratification of the Tsawwassen Constitution through the process set out in clause 3; and

e. that this Agreement be signed by the authorized representative of Tsawwassen First Nation.

RATIFICATION OF THE TSAWWASSEN CONSTITUTION

3.  Ratification of the Tsawwassen Constitution by Tsawwassen First Nation requires:

a. that Tsawwassen Individuals have a reasonable opportunity to review the Tsawwassen Constitution;

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

c. that a majority of those individuals who are eligible to vote under clauses 4 and 5 vote in favour of the Tsawwassen Constitution.

ELIGIBLE VOTERS

4.  An individual is eligible to vote if the individual is:

a. a Tsawwassen Member; and

b. at least 18 years of age on the last scheduled day of voting in the vote referred to in clause 2.

5.  A Tsawwassen Individual, who is not yet a Tsawwassen Member and whose name is therefore not included on the official voters list, is eligible to vote 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 requirement set out in subclause 4.b; and

c. declares in writing that they meet the eligibility criteria set out in the Eligibility and Enrolment chapter.

6.  The ballot of an individual described in clause 5 counts in determining the outcome of the ratification vote only if the enrolment committee notifies the ratification committee that the individual is a Tsawwassen Individual.

RATIFICATION COMMITTEE

7.  The Parties will establish a ratification committee, consisting of one representative appointed by each Party, to be responsible for the ratification process set out in this chapter.

8.  Canada and British Columbia will provide to Tsawwassen First Nation an agreed amount of funding for the ratification committee to carry out the functions referred to in clause 9.

9.  Conduct of the ratification vote requires that the ratification committee:

a. establish and publish its procedures;

b. set its time limits;

c. take reasonable steps to provide Tsawwassen Individuals the opportunity to review this Agreement;

d. prepare and post a preliminary list, at least 60 days before the first day of voting, of individuals who are eligible to vote, based upon the information provided by the enrolment committee;

e. at least 21 days before the first day of voting, prepare and post an official voters list, consisting of the names of individuals whose names were provided by the enrolment committee and who are determined by the ratification committee as eligible to vote;

f. approve the form and content of the ballot;

g. authorize and provide general direction to voting officers;

h. conduct the vote on the day or days determined by the ratification committee;

i. update the official voters list by:

i. at any time before the end of voting, adding to the official voters list the names of individuals who are eligible to vote under this chapter;

ii. adding to the official voters list the name of each individual who votes in accordance with clause 5 and whose vote counts in accordance with clause 6;

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; and

iv. removing from the official voters list the name of each individual who did not vote and for whom is provided, within seven days of the last scheduled day of voting, 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 voting;

j. after updating the official voters list in accordance with subclause 9.i, establish a final voters list;

k. count the vote; and

l. report the final results to the Parties.

MINOR CHANGES BEFORE SIGNING

10.  Before the Parties sign this Agreement, the chief negotiators for the Parties may agree to make minor changes 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 coming into force of Provincial Settlement Legislation.

12.  British Columbia will Consult with Tsawwassen First Nation in respect of the development of the Provincial Settlement Legislation.

RATIFICATION BY CANADA

13.  Ratification of this Agreement by Canada requires:

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

b. the coming into force of Federal Settlement Legislation.

14.  Canada will Consult with Tsawwassen First Nation in respect of the development of the Federal Settlement Legislation.