Eligibility and Enrolment

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Contents Eligibility and Enrolment	Overview This chapter explains the rules governing who is eligible to be enrolled under the Treaty and how enrolment takes place. Who is entitled to be enrolled under the Treaty? An individual is eligible to be enrolled under the Treaty if the individual is: a. Of Nisga’a ancestry, and his or her mother was born into one of the Nisga’a tribes; b. A descendant of an individual described in sub-paragraph (a) or (c); c. An adopted child of an individual described in sub-paragraphs (a) or (b); or d. An aboriginal individual who is married to someone described in sub-paragraphs (a), (b) or (c) and who has been adopted by one of the Nisga’a tribes in accordance with Ayuukhl Nisga’a, that is, the individual has been accepted by a Nisga’a tribe, as a member of that tribe, in the presence of witnesses from the other Nisga’a tribes at a settlement or stone moving feast. Does enroling under the Treaty affect rights or benefits under the Indian Act? No. Can an individual be enrolled under the Treaty and at the same time be enrolled under another land claims agreement in Canada? No. How does an individual become enrolled under the Treaty? By applying to the Enrolment Committee. During the initial enrolment period, until September 30, 1999, the Enrolment Committee will consider each application made to it, and will enrol each individual who demonstrates they are eligible. How is the Enrolment Committee established? The Enrolment Committee is established by, and is governed by enrolment rules adopted by, the General Executive Board of the Nisga’a Tribal Council. The Committee has two members from the Laxsgiik (Eagle) Tribe, two members from the Gisk’aast (Killer Whale) Tribe, two members from the Ganada (Raven) Tribe, and two members from the Laxgibuu (Wolf) Tribe. Is there a connection between enroling under the Treaty and voting in the referendum on the Treaty? Yes. The voters list for the referendum on the Treaty will be based on information supplied by the Enrolment Committee. Can an individual whose application may be refused provide the Committee with more information? Yes. Before the referendum on the Treaty, if the Enrolment Committee forms the opinion that an individual’s application will be refused, the Enrolment Committee will provide the individual with a reasonable opportunity to provide more information or make more submissions. Can children be enrolled? Or adults who cannot manage their own affairs? Yes. An individual may apply to the Enrolment Committee on their own behalf, or on behalf of a minor or an adult whose affairs they have the legal authority to manage. How will an individual know if his or her application has been accepted by the Enrolment Committee? The Enrolment Committee will provide written notice of its decision to each applicant. If an application is refused, the Enrolment Committee will include written reasons for its decision. Can decisions of the Enrolment Committee be appealed? Yes. For two years after the effective date, an Enrolment Appeal Board will hear and decide appeals from decisions of the Enrolment Committee. The Enrolment Appeal Board will consist of one member appointed by the Nisga’a Nation, one member appointed by Canada, and a jointly appointed chairperson. Who can bring an appeal to the Enrolment Appeal Board? Any applicant, the Nisga’a Nation, a Nisga’a Village, Canada or British Columbia. Can decisions of the Enrolment Appeal Board be reviewed? Yes. An application for judicial review can be made to the Supreme Court of British Columbia by an applicant, the Nisga’a Nation, a Nisga’a Village, Canada or British Columbia. Who will be responsible for enrolment after the initial enrolment period? After the initial enrolment period ends on September 30, 1999, the Nisga’a Nation will be responsible for ongoing enrolment.

Contents

Eligibility
and
Enrolment

Overview

This chapter explains the rules governing who is eligible to be enrolled under the Treaty and how enrolment takes place.

Who is entitled to be enrolled under the Treaty?

An individual is eligible to be enrolled under the Treaty if the individual is:

a. Of Nisga’a ancestry, and his or her mother was born into one of the Nisga’a tribes;

b. A descendant of an individual described in sub-paragraph (a) or (c);

c. An adopted child of an individual described in sub-paragraphs (a) or (b); or

d. An aboriginal individual who is married to someone described in sub-paragraphs (a), (b) or (c) and who has been adopted by one of the Nisga’a tribes in accordance with Ayuukhl Nisga’a, that is, the individual has been accepted by a Nisga’a tribe, as a member of that tribe, in the presence of witnesses from the other Nisga’a tribes at a settlement or stone moving feast.

Does enroling under the Treaty affect rights or benefits under the Indian Act?

No.

Can an individual be enrolled under the Treaty and at the same time be enrolled under another land claims agreement in Canada?

No.

How does an individual become enrolled under the Treaty?

By applying to the Enrolment Committee. During the initial enrolment period, until September 30, 1999, the Enrolment Committee will consider each application made to it, and will enrol each individual who demonstrates they are eligible.

How is the Enrolment Committee established?

The Enrolment Committee is established by, and is governed by enrolment rules adopted by, the General Executive Board of the Nisga’a Tribal Council. The Committee has two members from the Laxsgiik (Eagle) Tribe, two members from the Gisk’aast (Killer Whale) Tribe, two members from the Ganada (Raven) Tribe, and two members from the Laxgibuu (Wolf) Tribe.

Is there a connection between enroling under the Treaty and voting in the referendum on the Treaty?

Yes. The voters list for the referendum on the Treaty will be based on information supplied by the Enrolment Committee.

Can an individual whose application may be refused provide the Committee with more information?

Yes. Before the referendum on the Treaty, if the Enrolment Committee forms the opinion that an individual’s application will be refused, the Enrolment Committee will provide the individual with a reasonable opportunity to provide more information or make more submissions.

Can children be enrolled? Or adults who cannot manage their own affairs?

Yes. An individual may apply to the Enrolment Committee on their own behalf, or on behalf of a minor or an adult whose affairs they have the legal authority to manage.

How will an individual know if his or her application has been accepted by the Enrolment Committee?

The Enrolment Committee will provide written notice of its decision to each applicant. If an application is refused, the Enrolment Committee will include written reasons for its decision.

Can decisions of the Enrolment Committee be appealed?

Yes. For two years after the effective date, an Enrolment Appeal Board will hear and decide appeals from decisions of the Enrolment Committee. The Enrolment Appeal Board will consist of one member appointed by the Nisga’a Nation, one member appointed by Canada, and a jointly appointed chairperson.

Who can bring an appeal to the Enrolment Appeal Board?

Any applicant, the Nisga’a Nation, a Nisga’a Village, Canada or British Columbia.

Can decisions of the Enrolment Appeal Board be reviewed?

Yes. An application for judicial review can be made to the Supreme Court of British Columbia by an applicant, the Nisga’a Nation, a Nisga’a Village, Canada or British Columbia.

Who will be responsible for enrolment after the initial enrolment period?

After the initial enrolment period ends on September 30, 1999, the Nisga’a Nation will be responsible for ongoing enrolment.