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CHAPTER 22 — ELIGIBILITY AND ENROLMENT

TLA'AMIN ELIGIBILITY CRITERIA

1. An individual is eligible for enrolment under this Agreement where that individual:

a. is of Tla'amin ancestry;

b. is registered, or is eligible to be registered, on the Sliammon Indian Band list as of the day before the Effective Date;

c. was adopted as a Child under the laws recognized in Canada or by Tla'amin custom by an individual eligible for enrolment under subparagraphs 1.a, 1.b or 1.d;

d. is a descendant of an individual eligible for enrolment under subparagraphs 1.a, 1.b or 1.c; or

e. after the Effective Date, is accepted according to a community acceptance process set out in Tla'amin Law.

2. Notwithstanding subparagraph 1.d, where an individual having no aboriginal ancestry became a member of the Sliammon Indian Band prior to April 17, 1985 because of marriage to a Sliammon Indian Band member, and that individual subsequently has a Child with another individual having no Tla'amin ancestry, that Child will not be entitled to be enrolled.

3. Enrolment under this Agreement will not:

a. confer or deny rights of entry into Canada, Canadian citizenship, the right to be registered as an Indian under the Indian Act, or any of the rights or benefits under the Indian Act; or

b. except as set out in this Agreement or in any Federal or Provincial Law, impose any obligation on Canada or British Columbia to provide rights or benefits.

OTHER LAND CLAIMS AGREEMENTS AND INDIAN BAND MEMBERSHIP

4. An individual may not at the same time be enrolled under this Agreement and:

a. receive benefits under another treaty or land claims agreement in Canada;

b. be enrolled under another treaty or land claims agreement in Canada; or

c. be on an Indian Act band list, other than that of the Sliammon Indian Band.

5. An individual described in subparagraphs 4.a or 4.b may apply to enroll under this Agreement and if their application is accepted that individual will, on or after the Effective Date and in accordance with paragraph 8:

a. withdraw from enrolment under the other treaty or land claims agreement; or

b. where there is no enrolment procedure or registry under the other treaty or land claims agreement, not exercise or assert any rights as a beneficiary under the other treaty or land claims agreement.

6. An individual described in subparagraph 4.c may apply to enroll under this Agreement where:

a. prior to the Effective Date, that individual has applied to transfer to the Sliammon Indian Band and their application to transfer has been accepted by resolution of the Sliammon Indian Band council; or

b. on or after the Effective Date and in accordance with paragraph 9, that individual has indicated that they will request that they be removed from the Indian Act band list on which they are registered.

7. An individual described in paragraph 5 or 6 whose application has been accepted will be notified in writing by the Enrolment Committee, or by the Tla'amin Nation in accordance with subparagraph 37.a, that the individual has been conditionally enrolled.

8. Where an individual described in paragraph 5, whose application has been accepted, demonstrates that they have ceased receiving benefits or have withdrawn from enrolment under the other treaty or land claims agreement within 120 days of the later of:

a. the Effective Date; or

b. receiving written notification of conditional enrolment by the Enrolment Committee, or by the Tla'amin Nation in accordance with subparagraph 37.a,

the Enrolment Committee, or the Tla'amin Nation in accordance with subparagraph 37.a, will add that individual's name to the Citizenship Register.

9. Notwithstanding subparagraph 4.c, where an individual described in paragraph 6, whose application has been accepted, demonstrates that they have requested in writing that they be removed from the Indian Act band list on which they were registered, within 120 days of the later of:

a. the Effective Date; or

b. receiving written notification of conditional enrolment by the Enrolment Committee, or by the Tla'amin Nation in accordance with subparagraph 37.a,

the Enrolment Committee, or by the Tla'amin Nation in accordance with subparagraph 37.a, will add that individual's name to the Citizenship Register and the Tla'amin Nation will request that Canada change the individual's affiliation on the Indian Registry list and issue a new status card for the individual.

APPLICANTS

10. An individual may:

a. apply to the Enrolment Committee for enrolment;

b. appeal a decision of the Enrolment Committee to the Enrolment Appeal Board; or

c. seek judicial review of a decision of the Enrolment Appeal Board,

on their own behalf or on behalf of an individual whose affairs they have the legal authority to manage.

11. Each applicant, or individual who has the legal authority to manage the affairs of an applicant, has the burden of demonstrating that the applicant meets the eligibility criteria.

ENROLMENT COMMITTEE

12. The Tla'amin Nation will establish the Enrolment Committee to be responsible for the enrolment process as set out in this Agreement.

13. The Tla'amin Nation will notify Canada and British Columbia of the names of the individuals appointed to the Enrolment Committee.

14. The Enrolment Committee will:

a. establish its enrolment procedures and set its time limits, including a time limit for making enrolment decisions;

b. publish its procedures and time limits, including the eligibility criteria and a list of the documentation and information required of each applicant in time for individuals to review before making their applications for enrolment;

c. take reasonable steps to notify individuals potentially eligible to be enrolled of the eligibility criteria and application procedures;

d. provide an application form to any individual who wishes to apply for enrolment;

e. receive enrolment applications, provide a confirmation of receipt to the applicant, consider and make a timely decision on each application based on the eligibility criteria, request further information if required, enroll the applicants who meet the eligibility criteria and maintain a record of those decisions;

f. establish and maintain the Citizenship Register and a list of the individuals conditionally enrolled under paragraph 7;

g. add names to, remove names from or amend names on the Citizenship Register in accordance with this Chapter and decisions of the Enrolment Appeal Board;

h. notify in writing each applicant and the Parties of its decision and, if enrolment is refused, provide written reasons;

i. provide information in relation to an applicant's enrolment application, in confidence, upon request to the Parties or the Enrolment Appeal Board;

j. unless otherwise provided in this Chapter, keep information provided by and about applicants confidential;

k. provide a copy of the Citizenship Register and a list of the individuals conditionally enrolled under paragraph 7, and any other relevant information requested, to the Ratification Committee in a timely manner;

l. provide a true copy of the Citizenship Register to the Parties upon request; and

m. report to the Parties on the enrolment process as requested.

15. Where the Enrolment Committee forms the opinion that an applicant will be refused enrolment, the Enrolment Committee will provide the applicant with a reasonable opportunity to present further information, in accordance with the enrolment procedures.

16. After a decision by the Enrolment Committee and before any appeal of that decision is commenced, the applicant may submit new information to the Enrolment Committee.

17. The Enrolment Committee may, before an appeal of a decision is commenced, vary, or rescind and remake, the decision on the basis of new information if it considers the decision was in error.

18. Subject to paragraph 17, a decision of the Enrolment Committee that is not appealed to the Enrolment Appeal Board will be final and binding.

19. Where the Enrolment Committee fails to decide upon an application for enrolment within the time established in its procedures, the application will be deemed to be refused and the deemed refusal will constitute grounds for appeal to the Enrolment Appeal Board.

APPLICATION TO REMOVE APPLICANTS FROM THE CITIZENSHIP REGISTER

20. Where a Tla'amin Citizen, or an individual having legal authority to manage the affairs of a Tla'amin Citizen, applies to have the Tla'amin Citizen's name removed from the Citizenship Register, the Enrolment Committee, or the Tla'amin Nation in accordance with subparagraph 37.b, will remove the Tla'amin Citizen's name and will notify the individual who made that application.

ENROLMENT APPEAL BOARD

Establishment of an Enrolment Appeal Board

21. The Tla'amin Nation and Canada will establish the Enrolment Appeal Board at a date to be agreed to by the Parties.

22. The Enrolment Appeal Board will be comprised of two members appointed by the Tla'amin Nation and one member appointed by Canada.

23. A member of the Enrolment Committee may not sit as a member of the Enrolment Appeal Board.

24. The Enrolment Appeal Board will:

a. establish its own procedures and time limits, including a time limit for making enrolment decisions;

b. publish its procedures and time limits;

c. consider and decide appeals under paragraph 25 and decide whether the appellant, or the applicant on behalf of whom the appellant appealed, will be enrolled;

d. conduct its hearings in public unless it determines in a particular case that there are reasons for confidentiality that outweigh the public interest in having an open hearing;

e. maintain a record of its decisions; and

f. provide written reasons for its decisions to appellants, applicants and the Parties.

Appeals

25. An applicant or a Party may appeal by written notice to the Enrolment Appeal Board:

a. any decision of the Enrolment Committee made under subparagraph 14.e or paragraph 17; or

b. an application deemed to be refused under paragraph 19.

26. After the Effective Date, the Enrolment Appeal Board may:

a. require by summons any individual to appear before it as a witness and produce any relevant document in their possession;

b. direct a witness to answer on oath or solemn affirmation questions posed to the witness; and

c. re-hear an appeal that was completed before the Effective Date on the basis of:

i. new information; or

ii. such other factors as the Enrolment Appeal Board considers relevant including its ability to exercise its powers under subparagraphs 26.a and 26.b.

27. A judge of the Provincial Court of British Columbia or other court of competent jurisdiction, on application by the Enrolment Appeal Board, may enforce a summons or direction made under paragraph 26.

28. Any individual appearing before the Enrolment Appeal Board may be represented by counsel or an agent.

29. No action lies or may be instituted against the Enrolment Appeal Board, or any member of the Enrolment Appeal Board, for anything said or done, or omitted to be said or done, in good faith in the performance, or intended performance, of a duty or in the exercise or intended exercise of a power under this Chapter.

30. Subject to subparagraph 26.c and paragraphs 31 to 34, all decisions of the Enrolment Appeal Board are final and binding.

JUDICIAL REVIEW

31. An applicant or Party may apply to the Supreme Court of British Columbia to review and set aside a decision of the Enrolment Appeal Board, or any body established in accordance with subparagraph 37.a, on the grounds that the Enrolment Appeal Board or body:

a. acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;

b. failed to observe procedural fairness;

c. erred in law; or

d. based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

32. On an application for judicial review, the court may either dismiss the application or set aside the decision and refer the matter back to the Enrolment Appeal Board, or any body established in accordance with subparagraph 37.a, for determination in accordance with any directions that the court considers appropriate.

33. Where the Enrolment Appeal Board, or any body established in accordance with subparagraph 37.a, fails to hear or decide an appeal within a reasonable time, an applicant or Party may apply to the Supreme Court of British Columbia for an order directing the Enrolment Appeal Board or body to hear or decide the appeal in accordance with any directions that the court considers appropriate.

34. An applicant or Party may apply for judicial review within 60 days of receiving notification of the decision of the Enrolment Appeal Board, or any body established in accordance with subparagraph 37.a, or a longer time where determined by the court.

COSTS

35. Canada and British Columbia will provide agreed upon funding for the Enrolment Committee and Enrolment Appeal Board.

TRANSITION AFTER THE EFFECTIVE DATE

36. The Enrolment Committee and the Enrolment Appeal Board will be dissolved when they have rendered decisions on those applications or appeals commenced before the Effective Date.

37. Subject to paragraph 36, as of the Effective Date, the Tla'amin Nation will:

a. be responsible for an enrolment process, including the application of the eligibility criteria, and the administrative costs of that process;

b. maintain the Citizenship Register;

c. provide a copy of the Citizenship Register to Canada and British Columbia each year, or as they request, without cost; and

d. provide information concerning enrolment to Canada and British Columbia as they request, without cost.

38. On dissolution, the Enrolment Committee and the Enrolment Appeal Board will provide their records to the Tla'amin Nation and, upon request, to Canada and to British Columbia.

Contents | Sections 1 to 28 | 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 | Appendix - Contents | Appendix - Introduction | Appendix - Appendix A | Appendix - Appendix B | Appendix - Appendix C | Appendix - Appendix D | Appendix - Appendix E | Appendix - Appendix F | Appendix - Appendix G | Appendix - Appendix H | Appendix - Appendix I | Appendix - Appendix J | Appendix - Appendix K | Appendix - Appendix L | Appendix - Appendix M | Appendix - Appendix N | Appendix - Appendix O | Appendix - Appendix P | Appendix - Appendix Q | Appendix - Appendix R | Appendix - Appendix S | Appendix - Appendix T | Appendix - Appendix U | Appendix - Appendix V | Appendix - Appendix W | Appendix - Appendix X

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