Kitsumkalum Agreement-in-Principle
CHAPTER 23 – ELIGIBILITY AND ENROLMENT
General
1.
Enrolment under the Final Agreement does not:
a)
confer or deny rights of entry into Canada, Canadian citizenship, the right to be
registered as an Indian under the Indian Act, or any of the rights or benefits under the
Indian Act; or
b)
except as set out in the Final Agreement or in any Federal Law or Provincial Law,
impose any obligation on Canada or British Columbia to provide rights or benefits.
Eligibility Criteria
2.
An individual is eligible to be enrolled under the Kitsumkalum Final Agreement, if that
individual is:
a)
of Kitsumkalum ancestry;
b)
a Band member listed or entitled to be listed as a Band member on the Kitsumkalum
Band lists pursuant to the Indian Act;
c)
adopted as a Child under laws recognized in Canada, or by a Kitsumkalum custom, by
an individual eligible for enrolment under subparagraphs a) or 2(b);
d)
a descendant or an adopted child of an individual eligible for enrolment under
subparagraphs 2(a), 2(b) or 2(c); or
e)
a spouse, including a common law spouse, of an individual eligible for enrolment under
subparagraphs 2(a), 2(b) or 2(c) and who is accepted under a community acceptance
process set out in Kitsumkalum custom.
Applications for Enrolment
3.
An individual may:
a)
apply to the Enrolment Committee, or a body responsible under subparagraph 38.a), for
enrolment under the Final Agreement;
b)
appeal a decision of the Enrolment Committee to the Enrolment Appeal Board; or
c)
seek judicial review of a decision of the Enrolment Appeal Board or a body responsible
under subparagraph 38.a),
on the individual’s own behalf, or on behalf of an individual whose affairs they have the legal
authority to manage.
4.
Each applicant, or individual who has the legal authority to manage the affairs of an applicant,
has the burden of demonstrating to the Enrolment Committee that the Eligibility Criteria are
met.
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