4 ELIGIBILITY AND ENROLMENT

4.1 DEFINITIONS

4.1.1
In this chapter,

Gwich’in” means a person:

1. of Gwich’in (also referred to as Loucheux) ancestry who resided in, or used and occupied the settlement area on or before December 31, 1921, or is a descendant of such person; or

2. who was adopted as a minor, under the laws of any jurisdiction or under any Gwich’in custom, by a person described in (a), or is the descendant of a person so adopted; and

“initial enrolment period” means a period of five years, or such other period as the Gwich’in and Canada agree, commencing upon the date of settlement legislation.

4.2 ELIGIBILITY

4.2.1
A person shall be eligible to be enrolled as a participant if that person is a Canadian citizen and is a Gwich’in.

4.2.2

1. Notwithstanding that a person is not eligible to be enrolled by virtue of 4.2.1, that person shall be eligible to be enrolled if that person is a Canadian citizen of aboriginal ancestry, resident in the settlement area, and is accepted by the Gwich’in at any time following the date of settlement legislation.

2. “Accepted by the Gwich’in” means that a person was sponsored by a person enrolled pursuant to 4.2.1, and was approved by a process to be determined by the participants resident in the settlement area.

4.2.3
Eligibility is personal; it cannot be transferred or assigned.

4.2.4
The Gwich’in shall bear the responsibility, including the cost, for all votes held for the purpose of accepting persons for enrolment pursuant to 4.2.2.

4.3 NATURE OF ENROLMENT

4.3.1
The Enrolment Board shall enroll any person who is eligible pursuant to 4.2:

1. who is not a minor and who applies to the Board to be enrolled; or

2. who is a minor and for whom the Board receives an application for enrolment by that person’s parent or guardian.

4.3.2
The Enrolment Board shall remove from the Enrolment Register the name of any person:

1. who is not a minor and who notifies the Board in writing that that person’s name is to be removed from the Register; or

2. who is a minor and whose parent or guardian notifies the Board in writing that that minor’s name is to be removed from the Register.

4.4 OTHER COMPREHENSIVE LAND CLAIM AGREEMENTS

4.4.1
Notwithstanding 4.2.1, no person who is enrolled pursuant to another comprehensive land claim agreement in Canada may be enrolled pursuant to this agreement, and any person enrolled pursuant to this agreement shall cease to be so enrolled if that person becomes enrolled pursuant to another such agreement.

4.4.2
Notwithstanding 4.4.1, a person who would be eligible to be enrolled pursuant to this agreement but for the fact that that person is enrolled pursuant to another comprehensive land claim agreement in Canada, shall be eligible to be enrolled pursuant to this agreement if that person ceases to be enrolled pursuant to the other comprehensive land claim agreement and elects to be enrolled pursuant to this agreement.

4.4.3
For the purposes of 4.4.1, receipt of monetary benefits pursuant to the Agreement with Respect to Providing Interim Benefits to Yukon Indian Elders between the Government of Canada and the Council for Yukon Indians shall not be considered enrolment pursuant to any other comprehensive land claim agreement.

4.4.4
For the purpose of 4.4, Treaty 11 is not a comprehensive land claim agreement.

4.5 ENROLMENT BOARD

4.5.1 An Enrolment Board shall be established, at the date of settlement legislation, composed of:

1. five persons appointed by the Gwich’in including not less than one from each of the Gwich’in communities, whose names appear on the Official Voters List described in 28.3.1; and

2. during the initial enrolment period only, two persons appointed by the Minister of Indian Affairs and Northern Development.

4.5.2
The Enrolment Board shall:

1. enroll persons who are eligible to be enrolled pursuant to 4.2, and for whom application for enrolment has been received pursuant to 4.3;

2. establish an Enrolment Register, and maintain therein a record of all enrolled persons;

3. maintain a record of those persons whose applications for enrolment were rejected;

4. publish the Enrolment Register at least once a year;

5. prepare an annual budget for the operation of the Enrolment Board and present it for review and approval to the Government of Canada;

6. prepare and provide application forms and information. Application forms shall provide that an applicant:

   1. identify the Gwich’in community with which the applicant wishes to be associated, and

   2. idéntify whether the applicant is applying to be enrolled pursuant to 4.2.1 or pursuant to 4.2.2;

   
   

7. determine its own procedures and rules of evidence which shall be in accordance with principles of natural justice;

8. notify each applicant whose name has not been entered in the Enrolment Register of the reasons for the decision to refuse enrolment and of that applicant’s right to appeal from any decision with respect to enrolment; and

9. prepare and provide to each participant proof of enrolment under this agreement.

4.6 APPEAL

4.6.1
Any applicant for enrolment whose name has not been entered in the Enrolment Register may appeal such decision by filing a notice of appeal with the Supreme Court of the Northwest Territories.

4.6.2
On any such appeal, if the Court finds that the Enrolment Board erred in reaching its decision, the Court may reverse the decision of the Board and direct enrolment or refer the decision back to the Board for reconsideration.

4.7 COSTS

4.7.1

1. The Government of Canada shall pay the reasonable and necessary costs incurred by the Enrolment Board for the initial enrolment period.

2. After the initial enrolment period, the Gwich’in shall bear the costs of the Enrolment Board.

4.8 OTHER PROVISIONS

4.8.1
Nothing in this agreement shall be construed so as to imply that the Government of Canada has agreed to negotiate with those persons who are eligible to be enrolled pursuant to 4.2.2 on the basis of their being the original inhabitants of the settlement area.

4.8.2
Participants enrolled pursuant to 4.2.2 shall have rights equal to those of participants enrolled pursuant to 4.2.1.

4.8.3
Benefits provided under this agreement, unless otherwise specified, shall be held by participants collectively. No individual participant has a right to land, money or other benefits unless specifically provided for in this agreement, or by decision of the participants acting through a designated Gwich’in organization.

4.9 ENROLMENT

4.9.1
The enrolment of participants shall commence after the date of settlement legislation.

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