The Nigigoonsiminikaaning First Nation membership code herein has not been ratified through a dually convened ratification vote including all Band Members and this membership is therefore considered a draft copy.
a) "Band" means the Nigigoonsiminikaaning First Nation which shall consist of all persons enrolled or entitled to be enrolled on the Band List.
b) "Band Council" means the Chief and Council of the Band as selected by Band custom from time to time.
c) "Band Land" refers to all lands and interests in land set apart under any terms or conditions for the use and benefit of the Band or over which the Band or Band Council has management and control.
d) "Band List" means the register of persons enrolled as members pursuant to this Code.
e) "Child" refers to persons under the age of eighteen years born to a Band member.
f) "Elector" means a member of the Band eighteen years of age or older.
g) "Marriage" includes a common law relationship.
a) The following persons are entitled to enrollment on the Band List, provided that always that such persons have 50% Indian blood as determined by this Code and apply for membership on the basis of descent from a person who acquired his or her membership by descent from a member.
i) Persons registered or entitled to be registered as members of Nigigoonsiminikaaning First Nation pursuant to the laws of Canada on the date this Code comes into force; and
ii) Persons descended from Band Members, whether or not those persons also have Indian status as defined by the laws of Canada provided that children also entitled by descent to membership in another Band in Canada or Tribe in the United States will be only enrolled if a consent from the non-member parent is filed with the Band Council.
b) For the purposes of this Code, all persons described in paragraph (a) (i) shall be deemed to have 100% Indian blood.
c) Where a person claims 50% or more Indian blood for the purpose of applying for enrollment and is not deemed to have 100% Indian blood by clause (b), the applicant must provide a declaration in the form prescribed by the Band Council signed by three Band members, one of them must be an elector, and can confirm his or her degree of Indian blood.
a) The following persons may be entitled to enrollment as members of the Band:
i) Indian spouses of Band members;
ii) Members of other Bands in Canada or Tribes in the United States who wish to transfer to the Band.
iii) Former members of the Band who have transferred to other Bands in Canada or Tribes in the United States and now wish to re-apply for membership in the Band.
b) Persons described in clause (a) will only become enrolled as members if the Band Council is prepared to recommend their applications to the electors of the Band and a majority of the electors approve the application by secret ballot at a special meeting called for the purpose.
c) Persons applying under this section for enrollment must be prepared to satisfy the Band Council and the electors that:
i) They qualify as having 50% Indian blood;
ii) They are self-sufficient and will make a valuable contribution to the community;
iii) They are willing to participate in the Band's Indian culture, language and traditions.
a) The following persons are entitled to reside on Band Lands subject to Band By-Laws and to prior interest of the Band itself in its lands:
i) Any person married to a member of the Band who is not a member of the Band; and
ii) Any child adopted by a member of the Band who is not a member of the Band.
b) All persons other than members, those described above in clause (a) or otherwise lawfully in possession of Band Land with the approval of the Band Council, are trespassers if they attempt to use, exercise rights or claim any interest in Band Lands.
c) The Band Council may grant residency rights to any person for a period not exceeding one year on application in the prescribed form, but no right of renewal shall be expressed, implied or enforceable in any way.
Band members may transfer to any other Band in Canada or Tribe in the United States in the Council of the admitting Band or Tribe consents. Persons who transfer to another Band or Tribe shall no longer be enrolled as members of the Band.
No children who are, or are entitled as of right to be, Band members shall be adopted by non-members without the consent of the Band Council. Such adoption has no effect on their entitlement to enrollment as members of the Band.
a) Any person seeking enrollment as a member must make an application in writing to the Nigigoonsiminikaaning First Nation Chief & Council and, if the applicant is a child, this may be completed by a parent or guardian on behalf of the applicant.
b) The onus is on the application to demonstrate entitlement to enrollment as a member.
c) Decisions as to entitlement and enrollment shall be made by the Band Council and notice shall be given in a reasonable manner to the applicant and the Band of any decision. Such decisions are final and binding unless appealed within the prescribed period.
a) Any applicant, any Band member or the representative of either may initiate an appeal of a membership decision of Band Council by lodging an appeal in writing with the Band Council within 60 days of notice of the decision. The appeal shall set out the particulars of the decision and the grounds for the appeal.
b) Upon receipt of an appeal, Band Council shall arrange for 30 days clear notice to be given to electors of the particulars of the appeal and the date of a general meeting to consider the appeal.
c) At the general meeting, any Band member and, with the consent of the member of the Band Council presiding, any other person may speak to the issue of the appeal. The matter shall be final and binding.
a) The Band and all members of the Band shall be immune to civil liability for any act, omission or statement made in good faith in relation to membership matters.
b) No person shall receive any payment out of the funds of the Band by virtue of enrollment, transfer of resignation at any time.
c) The provisions of this Code shall be conclusively deemed to be consistent with the Aboriginal and customary practices of the Band.
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