The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 2nd day of June, 2011
Ian D. Izard, Q.C., Law Clerk
26.1.1 This Agreement is legally binding once ratified by all of the Parties in accordance with this Chapter.
26.1.2 This Agreement will be submitted to the Parties for ratification as set out in this Chapter after it has been initialled by chief negotiators for the Parties.
26.2.1 Ratification of the Yale First Nation Constitution requires:
a. that Eligible Voters have a reasonable opportunity to review the Yale First Nation Constitution;
b. a vote by way of a secret ballot that is conducted by the Ratification Committee in accordance with 26.4 and 26.5.2; and
c. that at least fifty percent plus one of individuals on the List of Eligible Voters vote in favour of the Yale First Nation Constitution.
26.2.2 Once ratified, the Yale First Nation Constitution will come into force on the Effective Date.
26.3.1 Ratification of this Agreement by Yale First Nation requires:
a. that Eligible Voters have a reasonable opportunity to review this Agreement;
b. a vote by way of a secret ballot that is conducted by the Ratification Committee in accordance with 26.4 and 26.5.2;
c. that at least fifty percent plus one of individuals on the List of Eligible Voters vote in favour of this Agreement;
d. ratification of the Yale First Nation Constitution under 26.2.1; and
e. that this Agreement be signed by the authorized representative of Yale First Nation.
26.4.1 An individual is eligible to vote if:
a. he or she is a Yale First Nation Member;
b. he or she is at least 18 years of age on the last day of voting; and
c. his or her name is included on the List of Eligible Voters.
26.4.2 Notwithstanding 26.4.1, an individual whose name is not included on the List of Eligible Voters is eligible to vote if he or she:
a. provides the voting officer with a completed enrolment application form or evidence satisfactory to the voting officer that the individual has submitted a completed enrolment application form to the Enrolment Committee; and
b. provides the voting officer with evidence satisfactory to the voting officer that the individual meets the requirement in 26.4.1b.
26.4.3 If the Enrolment Committee notifies the Ratification Committee that an individual referred to in 26.4.2 meets the Eligibility Criteria:
a. the name of the individual will be added to the List of Eligible Voters; and
b. the ballot of the individual will be tabulated for the purposes of the votes under 26.2.1b and 26.3.1b.
26.5.1 The Parties will establish a Ratification Committee, consisting of one representative appointed by each Party, to be responsible for the Yale First Nation processes for ratifying the Yale First Nation Constitution and this Agreement as set out in this Chapter.
26.5.2 The Ratification Committee will:
a. ensure that Yale First Nation has provided Eligible Voters a reasonable opportunity to review the Yale First Nation Constitution and this Agreement;
b. establish and publish its procedures;
c. set its time limits;
d. at least 30 days before the first day of voting, prepare and publish a List of Eligible Voters based on the Enrolment Register provided by the Enrolment Committee under 25.5.3 by determining whether each individual on the register is eligible to vote under 26.4.1b; and
e. update the List of Eligible Voters by:
i. at any time on or before the last day of voting, adding to the List of Eligible Voters the name of each individual provided by the Enrolment Committee under 25.5.3 whom the Ratification Committee determines to be eligible to vote under 26.4.1b;
ii. adding to the List of Eligible Voters the name of each individual provided by the Enrolment Committee under 26.4.3;
iii. removing from the List of Eligible Voters the name of each individual who died on or before the last day of voting without having voted;
iv. removing from the List of Eligible Voters the name of each individual who did not vote and who provides to the Ratification Committee, within four days of the last day of voting, certification 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 voting; and
v. removing from the List of Eligible Voters the name of each individual who has applied, or on whose behalf application has been made, by the close of polls on the last day of voting, to have his or her name removed from the Enrolment Register under 25.5.9, provided the individual has not already voted;
f. after updating the List of Eligible Voters in accordance with 26.5.2e, prepare and publish a final List of Eligible Voters for each of the votes;
g. approve the form and content of the ballots;
h. authorize and provide general direction to voting officers to be employed in the conduct of the votes;
i. establish polling stations;
j. conduct the votes on the dates established by the Ratification Committee;
k. ensure that information about the dates set for voting and location of the polling stations be made publicly available;
l. tabulate the results of the votes;
m. provide the Parties with the result of the votes;
n. publish the result of the vote to ratify this Agreement; and
o. prepare and provide to the Parties a written report on the outcome of the vote to ratify this Agreement within 90 days of the last day of voting.
26.5.3 For greater certainty, the Ratification Committee may conduct the votes to ratify the Yale First Nation Constitution and this Agreement on separate dates.
26.6.1 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.
26.7.1 Ratification of this Agreement by Canada requires:
a. that this Agreement be signed by a Minister authorized to do so by the federal Cabinet; and
b. the coming into force of Federal Settlement Legislation.
26.8.1 Before the Parties sign this Agreement the chief negotiators for the Parties may agree to make minor changes to this Agreement.
26.8.2 Before the Effective Date, the chief negotiators for the Parties may agree to correct any editing, grammatical or typographical errors found in this Agreement, and the corrections may be incorporated in the final printing of this Agreement after the Effective Date.
26.9.1 Canada and British Columbia will provide an amount of funding agreed upon by the Parties for the Ratification Committee to carry out the duties and responsibilities set out in this Chapter.