SCHEDULE A

RATIFICATION OF THE WESTBANK FIRST NATION SELF-GOVERNMENT AGREEMENT

1.0 Definitions

1.1 In this schedule the following definitions will apply in addition to the definitions for the Agreement:

"Band Member" means a person whose name appears on the Band Membership List or who is entitled to have his or her name appear on the Band Membership List;

"Band Membership List" means the band membership list for Westbank First Nation as maintained by Canada;

"Eligible Voter" means a person whose name appears on the Official Voters List of the Westbank First Nation;

"Official Voters List" means the official voters list prepared by the Ratification Committee pursuant to section 4.0;

"Ratification Committee" means the Ratification Committee established pursuant to section 3.0;

"Ratification Vote" means a referendum by Eligible Voters to formally approve or disapprove the Agreement;

2.0 General

2.1 Ratification of the Agreement by Westbank First Nation in accordance with this Schedule shall be considered ratification by all persons eligible to be Band Members of Westbank First Nation.

2.2 The Agreement shall be ratified by Westbank First Nation before being considered for ratification by Canada.

2.3 Where there is a reference in this Schedule to a period of time after or before a specified day the period does not include the specified day.

2.4 Canada shall pay the approved costs of the Westbank First Nation ratification process.

2.5 After ratification of the Agreement by Westbank First Nation but prior to submission of this Agreement for ratification by Canada, the negotiator, on behalf of Canada, and the Council, on behalf of Westbank First Nation, may agree to minor amendments to the specific provisions of this Agreement.

3.0 Ratification Committee

3.1 A Ratification Committee shall be established with responsibility to prepare the Official Voters List and to conduct the Ratification Vote in accordance with the provisions of this Schedule.

3.2 The Ratification Committee shall consist of one representative of Westbank First Nation as designated by Council, one representative of Canada as designated by the Minister of Indian Affairs and Northern Development and a third person designated jointly by Council and the Minister of Indian Affairs and Northern Development.

3.3 Following discussions with Westbank First Nation, the Ratification Committee shall prepare a budget for the Westbank First Nation ratification process subject to review and approval by Canada.

3.4 One of the designated representatives of the Ratification Committee shall explain the mode of voting to an Eligible Voter when requested to do so by the Eligible Voter.

3.5 In instances where an Eligible Voter requests assistance because he or she is unable to responsibly fill out the ballot, one of the designated representatives of the Ratification Committee shall assist the Eligible Voter by marking his or her ballot in the manner directed by the Eligible Voter and shall place such ballot in the ballot box.

4.0 Official Voters List

4.1 At least 30 days prior to the first date set for voting, the Ratification Committee shall prepare and post a list which shall be comprised of all persons whose names appear on the Band Membership List, and who will be, as of the last date of the vote, at least 18 years of age.

4.2 The voters list prepared pursuant to this section shall constitute the Official Voters List for purposes of the Ratification Vote.

4.3 The Ratification Committee shall post the Official Voters List in the administration office of Westbank First Nation, the Regional Office of the Department of Indian Affairs and Northern Development and, as determined by the Ratification Committee, in other prominent places.

4.4 Any Band Member may apply to the Ratification Committee within 10 days of the posting of the Official Voters List to have the list revised on the grounds that:

1. the name of a Band Member has been omitted;



2. the name of a Band Member is incorrectly set out; or



3. the name of a person not entitled to vote is included.

4.5 Where the Ratification Committee is satisfied that a revision to the Official Voters List is necessary, the Ratification Committee shall make the revision and the revision shall be final and shall be added to the posted Official Voters List.

4.6 The Ratification Committee will immediately advise the Parties of the name and reason for the Band Member being deleted or not being added to the Official Voter List.

4.7 Only persons who are on the Official Voters List shall be entitled to vote at the Ratification Vote.

5.0 Information Campaign

5.1 The Ratification Committee shall take all reasonable steps necessary to ensure that Eligible Voters have a reasonable opportunity to learn about the ratification process and the substance of the Agreement.

5.2 Only material submitted by the Ratification Committee to, and approved by, the Parties shall be made available or distributed to Eligible Voters by the Ratification Committee pursuant to subsection 5.1. Material submitted by the Ratification Committee to a Party shall be considered approved by that Party unless the Ratification Committee receives written notice otherwise within 15 calendar days of the material being received by that Party.

5.3 The Ratification Committee shall hold at least one information meeting at Westbank First Nation no earlier than 10 days and no later than 21 days after posting the notice of the Ratification Vote. The Ratification Committee may hold further information meetings as, when, and where it may determine.

6.0 Notification of Ratification Vote

6.1 The date or dates for the Ratification Vote shall be set by resolution of Council of Westbank First Nation and they shall advise the Ratification Committee in writing of the date or dates at least 35 days before the first date of the vote.

6.2 The Ratification Committee shall post a notice of the Ratification Vote in the locations where the Official Voters List was posted pursuant to subsection 4.3.

6.3 The notice of the Ratification Vote shall include the following information:

1. the date(s), time(s) and location(s) of the Ratification Vote;



2. the date(s), time(s) and location(s) of any advance vote held in accordance with subsection 7.2; and



3. the proposed wording of the Ratification Vote question.

7.0 Voting Process

7.1 The Ratification Vote shall be held at such locations as the Ratification Committee considers necessary.

7.2 The Ratification Committee may hold an advance vote, which may include a mail-in vote, in a manner it determines, for Eligible Voters who anticipate being unavailable to vote on the date(s) set for the Ratification Vote.

7.3 The Ratification Vote shall be by secret ballot.

7.4 The appearance, format, and contents of the ballot shall be approved by the Parties to this Agreement prior to the posting of the notice of the Ratification Vote.

7.5 The Ratification Committee shall receive and tabulate all ballots.

8.0 Ratification of this Agreement by Westbank First Nation

8.1 Westbank First Nation shall be considered to have ratified this Agreement if at least 50 percent plus one (50% + 1) of all Eligible Voters, as that term is defined in Schedule A to this Agreement, participate in the ratification by casting a vote and that at least fifty percent plus one (50% + 1) of those voting approve the Agreement.

8.2 The Ratification Committee shall, as soon as practical and in any event no later than seven days after the last date of the vote, tabulate the results of the vote showing the total number of ballots:

1. cast;



2. approving this Agreement;



3. not approving this Agreement;



4. spoiled; and



5. rejected.

8.3 The Ratification Committee shall thereafter publish the tabulated results in the locations where the Official Voters List was posted pursuant to subsection 4.3 and may publish the tabulated results in such other locations as the Ratification Committee determines.

8.4 The Ratification Committee shall, within fourteen days after publication of the tabulated results pursuant to subsection 8.3, prepare and submit to the Parties a report setting out the tabulated results and the details of the carrying out of its responsibilities in the Westbank First Nation ratification process.

9.0 Ratification by Canada

9.1 After the Agreement has been ratified pursuant to section 8.1, the Agreement shall be presented to Canada for approval by the Governor-in-Council.

9.2 Canada will have ratified the Agreement when federal ratification legislation is in effect.

9.3 The ratification legislation shall be prepared in consultation with Westbank First Nation.

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