Kitsumkalum Agreement-in-Principle
22.
The Enrolment Appeal Board will be comprised of members agreed to by the Parties.
23.
Kitsumkalum and Canada will each appoint one member to the Enrolment Appeal Board and
will jointly appoint a third member, and the members will select a chairperson from among
themselves.
24.
A member of the Enrolment Committee will not be a member of the Enrolment Appeal Board.
25.
During the Initial Enrolment Period, an applicant or a Party may appeal by written notice to the
Enrolment Appeal Board any decision of the Enrolment Committee made pursuant to
subparagraphs 15.b) or paragraph 18, or an application deemed to be refused under paragraph
19.
26.
The Enrolment Appeal Board will:
27.
a)
establish its own procedures and set time limits;
b)
hear and determine any appeal brought pursuant to paragraph 25 and decide whether the
Applicant will be enrolled;
c)
conduct its hearings in public unless it determines in a particular case that there are
reasons for confidentiality which outweigh the public interest in having an open hearing;
d)
provide written reasons for its decision to the applicant and the Parties within 90 days;
e)
maintain a record of its decisions and communicate them to the Enrolment Committee as
required; and
f)
report on the appeal process to the Parties as requested.
After the Effective Date, the Enrolment Appeal Board may:
a)
by summons require any individual to appear before the Enrolment Appeal Board as a
witness and produce any relevant document in that individual's possession; and
b)
require any witness to answer on oath or solemn affirmation any relevant question posed
to the witness.
28.
Where an individual fails to comply with a direction of the Enrolment Appeal Board made
under subparagraphs 27.a) or 27.b), on application by the Enrolment Appeal Board, a judge of
the Supreme Court of British Columbia may enforce the direction.
29.
Any applicant, Party, or witness appearing before the Enrolment Appeal Board may be assisted
by counsel or agent.
30.
Subject to paragraphs 32 to 35, all decisions of the Enrolment Appeal Board will be final and
binding.
Actions Against the Enrolment Committee or Enrolment Appeal Board
31.
No action lies or may be commenced against the Enrolment Appeal Board, the Enrolment
Committee or any member of the Enrolment Appeal Board or any member of the Enrolment
Committee for anything said or done or omitted to be said or done in good faith in the
performance, or intended performance, of a duty or in the exercise of a power under this
Chapter.
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