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APPENDIX E

RATIFICATION PROCESS

1 GENERAL

1.1
Ratification of the agreement by the Gwich'in shall be prior to October 1, 1991.

1.2
Canada shall consider the agreement as soon as possible after its ratification by the Gwich'in.

2 RATIFICATION COMMITTEE

2.1
A Ratification Committee shall be established with responsibility for conducting the Gwich'in ratification process.

2.2
The Ratification Committee shall consist of two persons named by government, four persons named by the Gwich'in, of which one shall be named from each Gwich'in community, and a seventh person named by the other six.

2.3
The Ratification Committee shall prepare a budget, subject to review and approval by government. The approved expenses of the Committee shall be a charge on Canada.

3 OFFICIAL VOTERS LIST

3.1
The Ratification Committee shall prepare an Official Voters List which shall contain the names of all eligible voters. Only individuals whose names appear on such list shall be eligible to vote.

3.2

  1. M eligible voter is a person who is determined by the Ratification Committee to be eligible to be enrolled as a participant under 4.2.1, who is at least 19 years of age before October 1, 1991, and who signifies consent to having his or her name entered on the Official Voters List.

  2. Notwithstanding (a), a person is not an eligible voter if that person is enrolled pursuant to any other comprehensive land claim agreement unless such person is eligible for Treaty 11 benefits.

3.3
A preliminary list of eligible voters shall be published in each Gwich'in conununity prior to July 13, 1991, and may be published in such other locations as determined by the Ratification Committee.

3.4
Application may be made to the Ratification Committee, prior to August 13, 1991,

  1. by individuals whose names are not on the preliminary voters list to have their names placed on the list; and

  2. by individuals whose names are on the preliminary voters list to delete names appearing on the preliminary voters list.

3.5
Applications in 3.4 shall be in writing and shall be heard by the Ratification Committee in the manner which it considers appropriate to the circumstances of the particular application. The Ratification Conmiittee shall determine such applications on the best evidence that is available to it which may include unsworn written statements and hearsay evidence.

3.6
The decision of the Ratification Committee in respect of an application shall be fmal.

3.7
The Ratification Committee shall publish the Official Voters List prior to August 22, 1991.

4 INFORMATION CAMPAIGN

4.1
The Ratification Conmiittee shall be responsible for affording eligible voters a reasonable opportunity to review the substance and details of this agreement.

4.2
The Ratification Conimittee shall organize community meetings to provide eligible voters the opportunity to discuss the agreement with representatives of government and the Gwich'in.

5 VOTING PROCESS

5.1
The vote on the ratification of this agreement shall be from September 16 to 20, inclusive, 1991.

5.2
The Ratification Committee shall determine the locations at which and the means by which votes shall be cast. The Ratification Committee may conduct an advance vote on August 31, 1991.

5.3
The vote shall be held on the same date or dates in all polling locations.

5.4
The date or dates of the vote and the polling locations shall be posted in each community in which a ballot may be cast prior to September 9, 1991.

5.5
The vote shall be by secret ballot.

5.6
The appearance, format and contents of the ballot shall be approved by the parties.

5.7
The Ratification Committee shall receive and tabulate all ballots.

6 RATIFICATION OF THE AGREEMENT BY THE GWICH'IN

6.1
The Gwich'in shall be considered to have ratified this agreement if:

  1. no less than three quarters of the eligible voters cast a ballot; and

  2. no less than two thirds of those eligible voters casting a ballot approve the agreement.

6.2
The Ratification Committee shall tabulate and publish figures showing the total number of ballots cast, the total number of ballots approving the agreement, the total number not approving the agreement, the total number of ballots spoiled and the total number of ballots rejected, but none of these figures shall be tabulated on a community basis or any basis other than the aggregate vote. The Ratification Committee shall publish these results in each Gwich'in community and may publish the results in such other locations as the Committee determines.

7 RATIFICATION OF THE AGREEMENT BY CANADA

7.1
After the Ratification Committee conducts the vote and publishes the results, and if the results of the vote constitute a ratification of this agreement by the Gwich'in, the agreement shall be presented by the Minister of Indian Affairs and Northern Development to Cabinet for approval.

8 SIGNING OF THE AGREEMENT

8.1
The agreement shall be signed by representatives of the Gwich'in and of government as soon as possible after approval by Cabinet.

9 SETTLEMENT LEGISLATION

9.1
Once this agreement has been signed by government and the Gwich'in, the Minister of Indian Affairs and Northern Development shall submit legislation to Parliament to give effect to this agreement.

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  Last Updated: 2004-04-23 top of page Important Notices