Ratification

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Contents Ratification	Overview This chapter sets out the rules for the ratification of the Treaty and the Nisga’a Constitution. Who must ratify the Treaty before it comes into effect? The Nisga’a Nation, British Columbia and Canada. What steps are required for the Nisga’a Nation to ratify the Treaty? > The calling of an assembly of the Nisga’a Nation, to consider the Treaty and whether to refer the Treaty to a referendum. > At the assembly, a simple majority voting to refer the Treaty to a referendum. > The conducting of a referendum on the Treaty, as described below. > In the referendum, at least 50 per cent plus one of all eligible voters must vote to accept the Treaty. What happens if an eligible voter does not vote? Every eligible voter who does not vote will be counted as a vote against the Treaty. What is the Ratification Committee? The Committee established by the General Executive Board of the Nisga’a Tribal Council to ensure an independent, fair and accurate referendum. The Ratification Committee includes a member named by Canada and a member named by British Columbia. What does the Ratification Committee do? The Committee takes steps to enable the the Nisga’a Nation to review the Treaty, publishes a preliminary voters list based on the information provided by the Enrolment Committee, publishes and updates an official voters list, approves the ballot for the referendum, provides general directions to voting officers and conducts and counts the vote. Can a Nisga’a person not on the voters list still vote on the Treaty? Yes. A person who has not been included on the voters list can still go to a voting place. They can vote if he or she completes an enrolment application form, demonstrates that he or she is at least 18 years old and ordinarily lives in Canada, and declares in writing that he or she is eligible and not enrolled in any other land claims agreement in Canada. Their ballots will be placed in a secret envelope together with the details of their applications. The Enrolment Committee will determine whether they are eligible without examining their ballots. If they are found to be eligible, their ballots will be counted. What steps are required for Canada and British Columbia to ratify the Treaty? > Signing of the Treaty by a federal Minister of the Crown, and enactment of settlement legislation by the federal Parliament. > Signing of the Treaty by a provincial Minister of the Crown, and enactment of settlement legislation by the provincial Legislative Assembly. How will the Nisga’a Constitution be adopted? A referendum on the Nisga’a Constitution will be held at the same time as the same referendum on the Treaty. In order to adopt the Nisga’a Constitution, at least 70 per cent of those voting must be in favour. However, persons who do not vote will not be counted as a vote against the Nisga’a Constitution.

Contents

Ratification

Overview

This chapter sets out the rules for the ratification of the Treaty and the Nisga’a Constitution.

Who must ratify the Treaty before it comes into effect?

The Nisga’a Nation, British Columbia and Canada.

What steps are required for the Nisga’a Nation to ratify the Treaty?

> The calling of an assembly of the Nisga’a Nation, to consider the Treaty and whether to refer the Treaty to a referendum.

> At the assembly, a simple majority voting to refer the Treaty to a referendum.

> The conducting of a referendum on the Treaty, as described below.

> In the referendum, at least 50 per cent plus one of all eligible voters must vote to accept the Treaty.

What happens if an eligible voter does not vote?

Every eligible voter who does not vote will be counted as a vote against the Treaty.

What is the Ratification Committee?

The Committee established by the General Executive Board of the Nisga’a Tribal Council to ensure an independent, fair and accurate referendum. The Ratification Committee includes a member named by Canada and a member named by British Columbia.

What does the Ratification Committee do?

The Committee takes steps to enable the the Nisga’a Nation to review the Treaty, publishes a preliminary voters list based on the information provided by the Enrolment Committee, publishes and updates an official voters list, approves the ballot for the referendum, provides general directions to voting officers and conducts and counts the vote.

Can a Nisga’a person not on the voters list still vote on the Treaty?

Yes. A person who has not been included on the voters list can still go to a voting place. They can vote if he or she completes an enrolment application form, demonstrates that he or she is at least 18 years old and ordinarily lives in Canada, and declares in writing that he or she is eligible and not enrolled in any other land claims agreement in Canada.

Their ballots will be placed in a secret envelope together with the details of their applications. The Enrolment Committee will determine whether they are eligible without examining their ballots. If they are found to be eligible, their ballots will be counted.

What steps are required for Canada and British Columbia to ratify the Treaty?

> Signing of the Treaty by a federal Minister of the Crown, and enactment of settlement legislation by the federal Parliament.

> Signing of the Treaty by a provincial Minister of the Crown, and enactment of settlement legislation by the provincial Legislative Assembly.

How will the Nisga’a Constitution be adopted?

A referendum on the Nisga’a Constitution will be held at the same time as the same referendum on the Treaty. In order to adopt the Nisga’a Constitution, at least 70 per cent of those voting must be in favour. However, persons who do not vote will not be counted as a vote against the Nisga’a Constitution.