Part 15 - Ratification

273. In this Part,
     
     "eligible voter" means a person:
     
     
     1. who is 18 years of age or over on voting day; and
        
        
     2. whose name is on a Band List maintained by a First Nation or the Registrar as defined by the Indian Act.
        
        
     "ratification documents" means:
     
     
     1. the Anishnaabe Government Agreement;
        
        
     2. First Nation gchi-naaknigewin;
        
        
     3. United Anishnaabeg Councils gchi-naaknigewin
        
        
     4. the Anishnaabe Government Intergovernmental Transfer Agreement;
        
        
     5. the Anishnaabe Government Implementation Agreement; and
        
        
     6. any First Nation law required to be ratified by the terms of this Agreement.
        
        
     "registered voter" means a person who:
     
     
     1. is an eligible voter; and
        
        
     2. registers pursuant to the Ratification Process set out in this Agreement.
        
        

General

274. For the purpose of Part 15, e-dbendaagzijig, e-dbendaagzid, Gimaa, Gimaakwe, eniigaanzijig, giigdoonini, giigdooninwag, giigdooniniikwe, or giigdooniniikweg and First Nation means respectively, members of a band, member of a band, a male chief, a female chief, a band council, a male councillor, male councillors, a female councillor, female councillors and band, as those terms are set out in the Indian Act.
     
     
275. The Agreement shall be submitted to the parties for ratification after initialling by the negotiators for the parties.
     
     
276. The parties shall proceed with ratification by the First Nations pursuant to Schedule A.
     
     

Ratification of the Agreement by First Nations

277. The First Nations shall submit the proposed ratification documents to a General Assembly of the First Nations for discussion and consensus to proceed to ratification by each First Nation.
     
     
278. The Ratification Process shall be clear, open and transparent and each First Nation shall make reasonable efforts to register its eligible voters for the First Nation ratification vote. The ratification documents shall be considered approved by a yes vote of the majority of registered voters.
     
     
279. The parties intend to take such steps as are reasonable to register at least 50 per cent of the eligible voters of each First Nation, but in the event that the 50 per cent target is not achieved may proceed with the ratification vote.
     
     
280. After First Nation approval of the ratification documents but prior to the coming into force of the federal legislation giving effect to the Agreement, the parties may agree to technical amendments to this Agreement, the Anishnaabe Government Implementation Agreement, the Anishnaabe Government Intergovernmental Transfer Agreement or the Anishnaabe Government First Nation Specific Agreements.
     
     

Ratification of the Agreement by Canada

281. Canada shall approve of the Agreement by the signing of the Agreement by the Minister as authorized by the Governor in Council and the enactment of federal legislation giving effect to the Agreement.
     
     
282. Canada shall recommend to Parliament the enactment of legislation giving effect to the Agreement.
     
     
283. In particular, Canada shall recommend to Parliament that the legislation giving effect to the Agreement provide that:
     
     
     1. the Agreement is approved, given effect to and declared valid and binding on Canada; and
        
        
     2. with the exception of Parts 2, 10, 11, 12, 13 and 15, and clauses 20, 125, 143 to 147, 169 to 174, 183, 189, 193, 194, 195, 196 and 206, the Agreement has the force of law.
        
        

Consequences of failure to ratify by one or more of the First Nations

284. The ratification documents shall not be considered ratified unless all of the First Nations approve of the ratification documents.
     
     
285. In the event that not all First Nations have ratified the ratification documents, the parties shall meet to discuss the implications.
     
     
286. Subject to clause 285, if it is concluded that one or more First Nations is unable to approve of the ratification documents then the remaining parties may consider the documents ratified by the First Nations that have approved the ratification documents.
     
     

SIGNED ON BEHALF OF HER MAJESTY THE QUEEN IN RIGHT OF CANADA

by: _____________________________

The Honourable Andrew Scott PC, MP
Minister, Indian Affairs and Northern Development

In the presence of:

______________________________

Sheila Parry
Chief Federal Negotiator

Date:_____________________

SIGNED ON BEHALF OF THE UNITED ANISHNAABEG COUNCILS

In the presence of:

______________________________

Richard Aniol
Executive Negotiator

Date:____________________