Purpose

1.                 The purpose of this Membership Code is to assert jurisdiction and control over determining who is a Member of the Sipekne’katik, in accordance with Section 10 of the Indian Act.

Title

2.                 This law may be cited as the “Sipekne’katik Membership Code”.

Definitions

3.                 The following are definitions of words, phrases, and terminology used within this Membership Code. Any other words not defined within this Membership Code are defined according to their common use in Nova Scotia, Canada.

“Applicant” means the person who is the subject of an Application.

“Application” means documents, forms, and processes, established by the Registrar, and related to a person applying to become a Member.

“Band Council Resolution” means a written resolution of the Chief and Council adopted at a duly convened meeting of the Chief and Council of Sipekne’katik.

“Council” means the Members elected to Chief and Council positions to represent Sipekne’katik First Nation.

“Discretionary Membership” means obtaining membership as detailed in paragraphs 13, 14, 15 and 16.

“Entitled Membership” or “Entitled Member” means obtaining membership as detailed in paragraphs 8, 9 and 10.

“Elder” means a person who is not defined solely by age, but by the wisdom, knowledge, and life experience they have earned within the community.

“Eligible Voting Members” means Members who are at least 18 years of age at the time a vote takes place.

“Indian Act” means the Indian Act, R.S.C. 1985, as amended from time to time.

“Indian Status” means the status of being registered as an Indian under the Indian Act.

“Member” means a person whose name appears on the Membership List maintained by the Registrar.

“Membership Board” means the board with responsibilities and authority as outlined in this Membership Code.

“Membership Code” means this Sipekne’katik Membership Code, as amended from time to time pursuant to paragraph 56.

“Membership List” means the list maintained by the Registrar of all Members, including their name, date of birth, and band number.

“Minor” means any person under the age of 18.

“Registrar” means the person with responsibilities and authority as outlined in this Membership Code.

“Sipekne’katik” means Sipekne’katik First Nation.

“Youth Adult” means a person who is not a Minor or dependent and under the age of 35.

Residency

4.                 All Members are entitled to access programs and services provided by Sipekne’katik, subject to available funding and required approvals or policies.

5.                 All Members are considered resident on-reserve of Sipekne’katik lands.

6.                 Any negotiations with the Crown regarding funding, support, and agreements for Sipekne’katik shall be conducted in accordance with the Crown’s obligation and fiduciary duty to accept Sipekne’katik’s Membership List as the basis for all funding, support, and agreements related to Sipekne’katik.

7.                 Any person that is placed on the Membership List after the day this Membership Code comes into force is not entitled to receive benefits that were given or disbursed prior to the date the person is added to the Membership List.

Preserving Existing Membership

8.                 Anyone who was listed on the register for Sipekne’katik managed by Indigenous Services Canada pursuant to Section 11 of the Indian Act on the date this Membership Code comes into force, shall be included on the Membership List.

9.        Any person who would have been entitled to be listed on the register for       Sipekne’katik managed by Indigenous Services Canada pursuant to Section 11     of the Indian Act on the date this Membership Code came into force, but whose name did not appear on the register, shall be included on the Membership List upon the Registrar receiving a completed Application.

Status Children of Members

10.            A person not entitled to membership under paragraphs 8 or 9 of this Membership Code is entitled to become a Member and be included on the Membership List if:

10.1.          The Registrar receives a completed Application;

10.2.          Subject to paragraph 37, they are not a member of any other First Nation, Band, or other federally recognized Aboriginal group in Canada;

10.3.           They provide proof of Indian Status; and

10.4.          They can demonstrate, to the satisfaction of the Registrar, that they are the biological child of a Member of Sipekne’katik.

11.            Any person who is a Member of Sipekne’katik, or entitled to become a Member, shall not lose their entitlement or eligibility due to their being adopted, even where such adoption is by a non-Member.

Non-Status Children of Members

12.             In keeping with the custom of Sipekne’katik to care for Minors in community, Minors who do not meet the criteria for Entitled Membership, but who are the biological children of Entitled Members, shall be entitled to be added to the Membership List and remain on that list until they reach the age of 18 if:

12.1.          The Registrar receives a completed Application;

12.2.          They are not a member of any other First Nation, Band, or other federally recognized Aboriginal group in Canada; 

12.3.          They can demonstrate, to the satisfaction of the Registrar, that they are the biological child of an Entitled Member of Sipekne’katik; and

12.4.          The Entitled Member who is their parent signs an acknowledgement and agrees, on their behalf, that a condition of enrollment is that membership will end on the day the child ceases to be a Minor.

Discretionary Membership

13.            The following persons who do not meet the criteria for Entitled Membership can apply to become a Member:

13.1.          A person who has Indian Status , and:

13.1.1.                      Does not currently hold membership with any other First Nation, Band, or other federally recognized Aboriginal group in Canada; or

13.1.2.                      Is a member of another First Nation, Band, or other federally recognized Aboriginal group in Canada and they are willing to revoke that membership in favour of being added to the Sipekne’katik Membership List.

14.            Persons eligible to apply for membership under paragraph 13 will be considered based on the following criteria:

14.1.                 They can demonstrate that they have strong social and/or economic ties to Sipekne’katik;

14.2.                 They can demonstrate that they will have a clear and meaningful positive impact on the lives of the existing Members by becoming a Member; and

14.3.                 They are a person of good reputation and moral character.

Application Process

15.            The Registrar shall establish the Application process for all membership Applications, subject to the following requirements:

15.1.          Subject to subparagraph 12.4 and paragraph 15, all Applications must be submitted by the person seeking membership, their guardian, or by another individual lawfully authorized in writing by the Applicant to apply on their behalf;

15.2.          The Registrar shall have the right to request additional information or documentation from the Applicant, and/or investigate information contained within the Application;

15.3.          An Applicant shall have six months in which to fulfill any additional information or documentation requirements requested by the Registrar;

15.4.          Applications for Discretionary Membership for persons who are over the age of 18 must include an accompanying registration fee in an amount to be set annually by the Registrar; and

15.5.          Persons submitting Applications for Discretionary Membership shall indicate whether there is any information contained in their Application that they do not wish to have shared with Members.

Decision making process – Discretionary Membership

16.             Subject to paragraph 23, Council shall hold an annual meeting where Eligible Voting Members shall be entitled to vote on whether to grant membership to persons having submitted an Application for Discretionary Membership. An Applicant who meets the criteria set out in paragraphs 13, 14 and 16 and whose Application was otherwise deemed complete by the Registrar shall have their name put to the Members for a vote.

17.            Information on each Applicant and how they meet the criteria in paragraphs 13 and 16 shall be provided to Members by the Registrar, subject to any information an Applicant indicated they did not want shared, pursuant to subparagraph 17.5.

18.             Members shall be reminded of the criteria for Discretionary Membership and of their obligations not to vote against an Applicant for any of the grounds contained in paragraph 24.

19.            Members shall be entitled to vote for more than one Applicant.

20.            Applicants who receive a majority of votes shall be placed on the Membership List, subject to paragraphs 39 and 45.

21.            Notwithstanding paragraph 18, Council shall be entitled not to call an annual meeting for the purposes of voting on Discretionary Membership if, in its sole discretion, the finances of the First Nation cannot support the addition of any discretionary members.

Non-Discrimination

22.            There shall be no discrimination of any kind against an Applicant for membership based on gender, physical characteristics, religion, age, disability, political affiliation, or marital status. 

Appeals Process - Sipekne’katik Membership Board

23.            A Membership Board shall be established for the purposes of hearing appeals of decisions made pursuant to the Membership Code.

24.            The Membership Board shall consist of:

24.1.          two Elders who are Members;

24.2.          two Young Adults who are Members;

24.3.          three Sipekne’katik Members-at-large; and

24.4.          the Sipekne’katik Chief.

25.            With the exception of the Sipekne’katik Chief, the selection of the Members who shall sit on the Membership Board shall be by community vote pursuant to a process set by the Registrar.

26.            With the exception of the Sipekne’katik Chief, Membership Board members shall serve a two-year term, unless re-elected.

27.            Honoraria shall be provided to Membership Board members who are not employed as Sipekne’katik staff. The honoraria shall be reviewed and approved annually by Council.

28.            The Membership Board shall be chaired by the Sipekne’katik Chief.

29.            A person may appeal the following decisions under this Membership Code to the Membership Board:

29.1.          A decision of the Registrar to reject their Application for Entitled Membership or for membership under paragraph 12;

29.2.          A decision of the Registrar to deem their Application for Discretionary Membership incomplete;

29.3.          A decision of the Registrar to revoke their Membership pursuant to paragraph 43;

29.4.          The result of a Members’ vote to deny Discretionary Membership

          where the Applicant has reason to believe the decision to deny membership was based on factors other than the eligibility criteria set out in the Membership Code.

30.            An appeal must be submitted in writing within 60 days of when notice of the decision is given. Appeals must be sent by registered mail to the Chair of the Membership Board.

31.            Quorum for the Membership Board must consist of at least five members, including at least one Elder, one Young Adult, and one Member-at-large.

32.             Decisions of the Membership Board will be made by consensus where possible. Where a vote is required, the Sipekne’katik Chief will not be entitled to vote, except in the case of a tie.

33.            The Membership Board shall issue a written decision on all appeals.

Dual Membership

34.            Subject to paragraphs 37, 38 and 39, no person who is over the age of 18 shall be a Member if they are also a member of any other First Nation, Band, or other federally recognized Aboriginal group in Canada.

35.            A Minor, other than a Minor who has obtained membership under paragraph 12 or Discretionary Membership, can hold membership in more than one First Nation, Band, or federally recognized Aboriginal group in Canada; however, once they reach the age of 18, they must decide which First Nation, Band, or federally recognized Aboriginal group in Canada they wish to maintain membership with, and this decision must be submitted in writing to the Registrar. Failing to notify the Registrar of their decision, or choosing to maintain membership with another First Nation, Band, or federally recognized Aboriginal group in Canada will result in the immediate revocation of membership. 

36.            Any Member who is found to be enrolled as a member with any other First Nation, Band, or other federally recognized Aboriginal group in Canada will be given 90 days’ notice to provide evidence that they have formally revoked their membership with the other First Nation, Band, or other federally recognized Aboriginal group in Canada and that the other group has accepted this revocation. If no evidence is submitted to confirm that steps have been taken to renounce dual membership, such person will automatically lose their membership with Sipekne’katik.

37.            Before an Applicant who is enrolled as a member with any other First Nation, Band, or other federally recognized Aboriginal group in Canada and who has had their Application for Discretion Membership approved by a vote of Members can be added to the Membership List, pursuant to paragraph 22, the Applicant must first:

37.1.          Provide evidence that they have formally revoked their membership with the other First Nation, Band, or other federally recognized Aboriginal group in Canada and that the other First Nation, Band, or other federally recognized Aboriginal group in Canada has accepted this revocation; and

37.2.          Demonstrate that they do not owe any outstanding debt to the First Nation, Band, or other federally recognized Aboriginal group in Canada that they are transferring from.

38.            A person enrolled in a Nation or Tribe based in the United States of America may still hold membership with Sipekne’katik.[CJ29] 

Renunciation of Membership

39.            A Member may, upon application, renounce their membership with Sipekne’katik.

40.            The Registrar will issue a certificate of renunciation to the applicant, and the person will cease to be a Member once the certificate is issued.

Removal of Membership

41.            The Registrar may revoke a Member’s membership and remove them from the Membership List if:

41.1.          They obtained or maintained their membership or Indian Status through fraud, false misrepresentation, or by knowingly concealing material circumstances or facts related to ancestry, relationships, or heritage; or

41.2.          They failed to comply with the requirements prohibiting dual membership contained in paragraphs 36, 37 and 38; or

41.3.          Pursuant to a decision rendered under a validly passed Banishment Law a recommendation is made to revoke the Member’s membership and the Registrar is of the view that the circumstances warrant removing them from the Membership List.

42.            In the event the Registrar revokes membership, the person shall be notified of the decision in writing.

43.            In accordance with paragraphs 12 and 15, the Registrar shall remove the name of the biological or adopted child of an Entitled Member who obtained membership either under paragraph 12 or Discretionary Membership on the day such person reaches the age of 18.

44.            Any person whose membership has been revoked and whose appeal was rejected or whose appeal period has expired or whose name has been removed from the Membership List pursuant to paragraph 45 shall no longer receive the benefits or privileges of membership.

Conflict of Interest

45.            No member of Sipekne’katik staff, the Membership Board, or Council shall participate in any decision or appeal regarding an Application if the Applicant is that person’s son, daughter, sister, brother, parent, grandparent, grandchild, spouse, son-in-law, daughter-in-law, step-parent, step-child, step-brother, or step-sister.

Notice

46.            Any notice required as part of this Membership Code is considered given if reasonable efforts are made by the Registrar to contact the person or persons.

Powers and Responsibilities of Registrar

47.            The Registrar shall be a staff person appointed by Council by a Band Council Resolution to act as the Registrar under this Membership Code.

48.            The Registrar is responsible for creating processes under this Membership Code which are fair, orderly, and transparent.

49.            The Registrar shall ensure that Application processes under this Membership Code have clear requirements and that such requirements are communicated to all Applicants.

50.            The Registrar shall ensure that the processes for holding a community vote under paragraphs 18, 27 and 53 are fair, well advertised, and consistent with the requirements of other Sipekne’katik election or ratification processes.

51.            The Registrar shall maintain the Membership List and shall have the authority and responsibility to add and remove Members from the Membership List in accordance with this Membership Code.

52.            The Registrar shall be responsible for the implementation and administration of all other aspects of this Membership Code, unless otherwise stipulated.

53.            In carrying out its responsibilities, the Registrar shall interpret and apply this Membership Code in a manner that is consistent with the spirit, intent, and purposes of the Code, and with the values of Sipekne’katik.

Amendment

54.            Council may amend the Membership Code if the following process is followed:

54.1.          Council holds at least two community meetings, in-person and/or online, to discuss the proposed amendments to the Membership Code;

54.2.          Council distributes information to Members about the proposed amendments to the Membership Code via physical and electronic means; and

54.3.          Council conducts a referendum vote on the proposed amendments to the Membership Code by secret ballot, requiring a majority of votes be cast in favour of the amendment.