Defining Our Nation
Custom Membership Code
Working Draft
Please note: This is a working draft. The final version is subject to community approval.
Table of Contents
For easy navigation, you can click on each title below to go directly to that section of the Draft Membership Code.
Purpose
The purpose of this Membership Code is to assert jurisdiction and control over determining who is a member of the Sipekne’katik First Nation under 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 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.
“Child” means a person who is under the age of eighteen (18) years.
“Council” means the band members elected to Chief and Council positions to represent Sipekne’katik First Nation.
“Dependent” means a person under the age of 18 years who has not withdrawn from, or a person 18 years of age or older, who is unable because of illness or disability to withdraw from the care and control of their parent(s) or legal guardian(s).
“Elder” means a person who is not defined solely by age, but by the wisdom, knowledge, and life experience they have earned within their community. In the event of a dispute if someone meets the definition of Elder, the Chief or Council can deem, in their sole discretion, make that determination.
“Indian Act” means the Indian Act, R.S.C. 1985, as amended from time to time.
“Member” means a person whose name appears in the Membership Register maintained by Sipekne’katik First Nation.
“Membership Board” means the Board appointed by Chief and Council and whose responsibilities and authority are outlined in the Membership Code.
“Membership Code” means this Sipekne’katik Membership Code, as amended from time to time.
“Membership List” means the list maintained by the Registrar of all Members, including their name, date of birth, and band number.
“Minor” means any child under the age of eighteen (18) who is under the age of legal competence.
“Registrar” means the staff member appointed by the Council by a BCR to act as the Registrar under this 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.
4. All Members of Sipekne’katik are considered status on-reserve of Sipekne’katik lands.
5. All Members are entitled to access programs and services provided by the Sipekne’katik, subject to required approvals or policies.
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 individual that is placed on the Membership List after the day this Membership Code comes into force and effect is not entitled to receive benefits that were given or disbursed prior to the date the individual is added to the Membership List.
Residency
8. Anyone listed on the Indigenous Services Canada managed register for Sipekne’katik, as outlined in Section 10 of the Indian Act, on the date this Membership Code comes into force and effect shall be included in the Membership List.
9. A person is entitled to become a member and be included on the Membership List if:
9.1. Their application has been received and in the discretion of Registrar, the application is deemed complete;
9.2. They are not a member of any other First Nation recognized in Canada; and
9.3. They can demonstrate, to the satisfaction of the Registrar, that at least one of their parents has direct and clear biological ancestry to an existing or former member of Sipekne’katik First Nation, regardless of whether that relative had Indian Status, as defined in the Indian Act.
10. Any person who is a Member of Sipekne’katik First Nation, or entitled to become a Member, shall not lose their entitlement or eligibility due to their being adopted.
11. Any person eligible for membership and meets the criteria in Paragraph 8, but is not a Membership at the time this Membership Code comes into force and effect, must make an application that meets the following criteria before being added to the Membership List:
11.1. The application is exclusively submitted by the person seeking membership, their guardian, or by another individual lawfully authorized in writing by the applicant to apply on their behalf; and
11.2. The application was not prepared or submitted by any organization, agency, government, or other entity unless a Sipekne’katik Band Council Resolution grants permission.
12. There shall be no discrimination of any kind against an applicant for Sipekne’katik membership based on gender, physical characteristics, religion, physical handicap, political affiliation, or marital status if the applicant meets the requirements as set out in paragraphs 8 or 9 of the Sipekne’katik Membership Code.
Entitled Membership
New Membership
13. Any person that does not meet the criteria for Membership as described in Paragraphs 8 or 9, and who applies to become a member will only be considered based on the following criteria:
13.1. The application is exclusively submitted by the person seeking membership, their guardian, or by another individual lawfully authorized in writing by the applicant to apply on their behalf;
13.2. The Registrar receives a fee of $500 CAD per applicant over the age of eighteen (18);
13.3. The application was not prepared or submitted by any organization, agency, government, or other entity unless a Sipekne’katik Band Council Resolution grants permission; and
13.4. The Registrar considers the application complete and forwards it to the Membership Board for review.
14. Any application that is inconsistent with or does not meet the criteria outlined in Paragraph 12 will be automatically rejected by the Registrar. Applications that are automatically rejected will forfeit all deposits and fees paid.
15. The Registrar shall review all applications within the ninety (90) days of receiving the application by mail or deliver to assess the application for completeness. All complete applications shall be submitted to the Membership Board within 10 days of being deemed complete.
16. The Registrar may request additional information or documentation from the applicant, and/or investigate information contained within the application. If the Registrar is satisfied that the applicant has met the burden of proof to demonstrate they satisfy the requirements for membership, the Registrar shall then forward the application to the Board for consideration.
17. If the Registrar is not satisfied that the applicant has submitted a complete application and it remains incomplete for six (6) months, the Registrar shall reject the application. The Registrar shall promptly notify the applicant in writing of the reasons for rejection, along with the notice of the applicant's right to appeal to the Membership Board.
Sipeknekatik Membership Board
18. Sipekne’katik shall, by Band Council Resolution, establish a Membership Board within 30 days of the Membership Code coming into force and shall maintain it as long as the Membership Code remains in effect.
19. The Membership Board shall be responsible for reviewing and either approving or rejecting any applications for membership made under paragraphs 11 or 12 of the Membership Code, according to the criteria in paragraph 12.
20. The Membership Board shall consist of two Elders, two Young Adults, three Sipekne’katik Members at-large, and the Sipekne’katik Chief.
21. All Membership Board members shall be appointed by Band Council resolution.
22. The Membership Board shall be chaired by the Sipekne’katik Chief or another Board member appointed by the Chief. The Chair shall not vote, except in the case of a tie.
23. Any member of Sipekne’katik Council may attend with a voice but no vote and be privy to information presented at the current duly convened Membership Board meeting.
24. Quorum for the Membership Board must consist of at least 5 members, including at least one Elder, one Young Adult, and one Member-at-large.
25. The Membership Board shall issue a written decision based on all information gathered and presented by the Registrar and the Applicant.
26. Honorarium shall be provided to committee members who are not elected to the Council or employed as Sipekne’katik staff. The honorarium shall be reviewed and approved annually by the Council.
Granting New Membership
27. The Membership Board may only approve an application for membership if the applicant is Status Indian, as defined in the Indian Act, and who:
27.1. Can clearly demonstrate they have Mi’kmaw ancestry and has never secured Membership with any other First Nation in Canada; or
27.2. Is a Member of another First Nation in Canada or the United States of America and who can clearly:
27.2.1. Demonstrate strong social and/or economic ties to Sipekne’katik;
27.2.2. Demonstrate the clear and meaningful positive impact they will have on the lives of the existing Members by becoming a Member; and
27.2.3. At the discretion of the Membership Board is considered a person of good reputation and moral character.
28. No person of the age of majority shall be a Member if they are enrolled with any other First Nation, Band, or other Aboriginal group in Canada, except in the case of transferring Band Membership.
29. A minor can hold membership in more than one First Nation or Band; however, once they reach the age of majority, they must decide which First Nation or Band 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 or Band, will result in the immediate revocation of membership.
30. Notwithstanding Paragraph 28, a person enrolled with any other First Nation, Band, or another federally recognized Aboriginal group in Canada will be given ninety (90) days’ notice to provide evidence that they have formally revoked their membership 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 a person will automatically lose their membership with Sipekne’katik.
31. Before receiving membership, the person transferring their membership must first demonstrate that they do not owe any outstanding debt to the First Nation or Band they are transferring from.
32. A person enrolled in a Nation or Tribe based in the United States of America may still hold membership with Sipekne’katik.
Dual Citizenship
33. A person may, upon application, renounce their membership with their First Nation if they have followed all protocol requirements outlined by Indigenous Services Canada.
34. The Registrar will issue a Certificate of Renunciation to the applicant, and the individual will no longer be a member once the certificate is issued.
Renunciation of Membership
35. The Membership Board may revoke a person’s membership and remove them from the Membership List if:
35.1. The individual who presents a clear and immediate danger to the community, other Members, and who has repeatedly violated Sipekne’katik Laws and/or Bylaws; or
35.2. Obtained or maintained their Membership or Indian Status, as defined in the Indian Act, through fraud, false misrepresentation, or by knowingly concealing material circumstances or facts related to ancestry, relationships, or heritage.
36. In the event the Membership Board revokes membership, the decision individual shall be notified in writing.
37. Any person whose Membership has been revoked and whose appeal was rejected or whose appeal period has expired shall no longer receive the benefits or privileges of Membership.
Revoking Membership
38. No member of the staff, Membership Board, or Council shall participate in any decision or review regarding an application of any individual if the applicant, or the person involved in the decision or appeal, 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.
Conflict of Interest
39. A decision made by the Registrar can be appealed to the Membership Board if the applicant provides clear evidence that the Registrar or their designate did not perform their duties or follow procedures correctly, as outlined in the Membership Code.
40. A decision made by the Membership Board can be appealed to the Sipekne’katik Band Council if any of the following conditions are met:
40.1. The Registrar or the Chair of the Membership Board, in their sole opinion, believes the Membership Board's decision or process was not made in a manner consistent with, or aligned with, the spirit of the Membership Code; or
40.2. The applicant can demonstrate, with clear evidence, that the Membership Board did not perform their duties or procedures correctly, or as outlined in the Membership Code.
41. An appeal must be submitted in writing and sent by registered mail to the Chair of the Membership Board or the Sipekne’katik Chief.
Appeal
Notice
43. The Registrar is responsible for ensuring a timely, orderly, and transparent process for application, review, approval, and appeal of Membership.
44. The Registrar has the authority and responsibility to add Members to the Membership List based on entitlement or eligibility.
45. The Registrar has the authority and responsibility to implement decisions made by the Membership Board and the Sipekne’katik Band Council, where a duly convened meeting occurred and a decision was made by simple majority.
46. The Registrar has the authority and responsibility to create and approve all forms and/or procedural details related to the application processes outlined in the Membership Code.
Powers and Responsibilities of Registrar
42. 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.
47. Sipekne’katik Band Council may amend the Membership Code if the following process is followed:
47.1. Holds at least two (2) community meetings, in-person and/or online, to discuss the proposed amendments to the Membership Code;
47.2. Distributes information about proposed amendments to the Membership Code via physical and electronic means;
47.3. Conducts a referendum vote on the proposed amendments to the Membership Code by secret ballot, requiring at least fifty percent (50%) plus one vote in favour of the amendment.