. ------------------- ---------- ·-( ... · I . I . 1 ,. _, -W.'--arrPP.E.WAS-oF--GB:'.RiiNA :r~FIRST NATION --~ODE-... --------In-this~,----------------------------------------~ (1) "Aboriginal" has the sarre meaning as in the Oxl.stituti.oo 1\ct, 1982 and its amendments I section 35 ( 2) ; (2) "Chief and Council" means the duly elected council chosen -. , according to the election regulations of the Chippewas of Georgina Island First Nation; (3) "Child 11 includes a child born of aboriginal ancestry who was adopted pursuant to an order for adcption made pursuant to the Child and Family Services kt, S .0. 1 1984 or according to the custom of The Chippewas of Georgina Island First Nation; (4) "Chippewas of Georgina Island First Nation Membership Register" is a comprehensive list containing the name, date of birth and sex of _every member of the Chippewas of Georgina Island First Nation; ... (5) "First Nation 11 rreans the geographical area and populace over which the Chief and Council have authority; (6) "Inactive register" is a corcprehensive list containing the narre, date of birth and sex of every person applying for membership to ·the Chippewas of Georgina Island First Nation or any person whose inclusion is under protest under the provisions of the Indian kt;
' . . r: ... - 2 1: (7) ,.'Indian Act" treans .the Indian 1\ct, R.S.C. 1970, c. 1-6, as arrended £rom tine to tine. (8) "Merrber" ~reans a person whose narre is included in the rrembership register; (9) "~rship Comnittce" rreans a conmittee ~of persons appointed by the Chief and Council to act in an advisory capacity and to make recommendations to the Chief and Council. (10) "Non-member" treans a person whose narre is not included on a nembership register and is not entitled to have his or her narre on a membership register; ( 11) "Persons who possess at least one-half . ( ~) degree Indian blood" rreans a person one of whose parents is, or if no longe ... r living, was entitled to be registered under the Indian Act, as arrended. (12) "Sponsor" ~reans a person who is on the Irernbership register and is eighteen (18) years of age or older; (13) "Spouse of a Member" rreans either a man or a 'WCXtlaJ1 who is married to a rrerrber or has resided with a rrember as husband and wife in a relationship of scxre pc..."i1laa1ence that exceeds two ( 2) years.
•. '· . ,, ·- -3-2. Powers ... (1) The Chippewas of Georgina Island First Nation hereby authorize and delegate to the Chief and Council the authority to administer nerbership under the provisions of this Code; (2} 'Ibe Chief and Counci:l shall perform .any .or ..all of the duties and £unctions and exerci~e any or ·all of the powers under this Code, including, (a) The maintenance in accordance with the Code of a Merrbership register in which shall be entered the name of every person who is a member of the Chippewas of Georgina Island First Nation, (b) The receiving and reviewing of applications for membership, and (c) The Chief and Council may appoint any persons including a Registrar to assist the Chief and Council in the administration, perfonnance and exercise of its duties, powers and functions that may be or are required to be performed or exercised by the Chief and Council under this Code. {3) The Chief and Council may appoint persons to act as a Merrbership Comnittee in an adviso:ry capacity and make recomrendations to the
-----------------------~---------.. •. ' , ·' •• - 4 -•· Chief and C~cil in -respect of Sect?-on 2 ( 2) • 3 - Persa1s Entitled to M:ni:>ershi.p Merrbership in the Chippewas of Georgina Island First Nations shall consist of the following persons=. (1) Any person who is ent.it led to be registered as an Indian under the Indian 1\ct. and whose narre appears and is, entitled to appear on the Band list maintained in the Depart:rrent of Indian Affairs under the Indian 1\ct. imrecliately prior to this Code having effect except for any person whose inclusion is under protest or is successfully protested under the provisions of the sa ' id Act; and (2) Any person who is entitled to be regis~ered as an Indian under the Indian 1\ct and who is the child of a parent whose narrc is, or the child of parents both of whose names are, on the Band List maintained in the Departrrent of Indian Affairs imrediately prior to this Code having effect. 4. Persc:ns Entitled to Ma.ke !J3?licaticn for ~hiE. The following persons who are entitled to be registered as an Indian under the Indian Act may apply for trerrbership in the Chippewas of Georgina Island First Nation:
. . . . ' . · . , ' r - 5-(1) Persons, their spouses and children,. who possess at least one-half (1/2) degree Indian blood and who originally ceased to be a nember of the Chippewas of Georgina Island Indian Band by reason of their ~aving previously lost membershi~ because of their enfranchisement under the provisions of the Indian Jlct. "(2} · Persons who possess .at least one-half (1/2} degree Indian blood and have reached the age of eighteen ( 18 }" years and, in the judgment of the Chief and Council, have a significant commitment to, and knowledge of, the history, customs, traditions and culture of the Chippewas of Georgina Island First Nation. 5 _ Mninistraticn (1} The narre of every person who is a member of the Chippewas of Georgina Island First Nation and is entitled to be registered shall be entered in the Membership Register, and the narre of every ... applicant and the narre of every person whose inclusion is under protest under the provisions of the Indian 1\c:t shall be registered in the Inactive Register. (2} Applicants shall state in the application the person who will sponsor the applicant. The sponsor shall be a member of the Chippewas of Georgina Island and shall be able to speak about the applicant • s connection with the Chippewas of Georgina Island First Nation or their carmit rrent to 1 and knowledge of 1 the history 1 customs, traditions and culture of the Chippewas of Georgina Island First Nation.
. . . . , . .•· .,.. ., - 6-,. (3) Those persons whose application is ~der appeal pursuant to Section 6, whose inclusion is under protest under the-provisions of the Indian llct, and applicants under Section 4 shall be listed on an Inactive Register that will be posted in a public place f6r sixty ( 60) days . ·-- .. ·( 4) The Merrbership Ccmni:ttee shall recorrrrend the acceptance or rejection of any appl~cation for Membership to the Chief and Council. The Chief and Council shall meet four t:irres per year to accept or reject the application for membership. Applicatio~s for rrembership may be accepted only upon a three quarter (3/4) majority of the Chief and Council. The Chief and Council shall . . provide written reasons for the decision if it does not act upon the recommendation of the Membership Committee (5) At least thirty { 30) days subsequent t<:> the Chief and Council granting full JTGnbership or on receiving full Irelrbership after an appeal or protest, the new rrembers shall swear an oath of allegiance to the Chippewas of Georgina Island First Nation, its laws and customs, at a tirre and place called by the Chief and Council for this purpose at which time the sponsor will be required to accompany the new member. 6. 1\aX-"?1 s for M::nbership. (1) Any rrember may appeal any application to the trerrbership register or any applicant may appeal the denial of rrerrbership within thirty
. .. .. ' I ' t -7-.. (30) days of ·the dete.rmination of the Chief and Counci~ and . . require that a special meeting of the membership shcl!-1 be called to finally decide whether the application should be accepted or rejected. If a majority of the electors present at the meeting vote in favour of acceptance the application shall be accepted. Otherwise, it will be rejected. 7. Rencxmcerrent of M3rbership (1) A rrember may renounce his or her rrembership in the Chippewas of Georgina Island First Nation by submitting a written statement to the Chief and Council requesting that his or her narre be stricken from the Membership Register on a date specified by the member. (2) The 1"Cember renouncing his or her membership may not make claim to any funds of the Chippewas of Georgina . Island First Nation . ... (3) A Il'GTber under the age of eighteen ( 18) years may not renounce his or her membership. ( 4) The member who has renounced his or her membership will be required to sell at fair market value, or transfer, his or her real property interests situated on the Georgina Island reserve to a family nanber, to the Chippewas of Georgina Island First Nation or to another member.
.. - . , ,., ' I - 8-. ,. ,· (5) Once the renouncerrent of rrerrbership. has been accepted by the Chief and Council, that. person may never re-apply for :rnerrbership in the Chippewas of Georgina Island First Nation. (6) No application shall be considered of a meni:>er of another band or First Nation unless ~e applicant agrees to renounce such ~ship upon a~ssion to the Chippewas of Georgina Island First Nation and such admission shall be conditional upon such renunciation. 8. Persais N::>t Entitled to be Menbers (1) A person, having no Indian blood, who be ' carre a nember of the Chippewas of Georgina Island First Nation on marriage to a member of the Georgina Island First Nation, ip the event of divorce and upon a subsequent marriage to a non~r 1 or in the event of separation or divorce has resided with a non-member as husband and wife in a relationship of sare permanence that excee~ two (2) years, after the date of this Code coming into effect shall cease to be a :rnerrber of the Chippewas of Georgina Island First Nation. ' {2) A person who is the child of a person described in Section 8 ( 1) i.nttediately above and is also the child of a person Who is not entit ied to be a nerrber shall not be entitled to be registered.
-• f - 9-I' Jll I <' 9. Rules and Regul.atiCXlS The Chief and Council may make rules and regulations not inconsistent with this Code to ca.rrY out the purposes and provisions of this Code. 10. Caning into Effect of the Code 'Ihis Code shall have effect from the day on which the Chief and Council give notice to the Minister of Indian Affairs pursuant to subsection 10 ( 6) of the Indian Act that the Chippewas of Georgina Island First Nation is assuming control of its own membership and provide the Minister with a cq:>y of this Code. ll. lmerlCbEnts to the Code This Code may only be a.rrended with the consent of a majority of the members of the Chippewas of Georgina Island First Nation who are of the full -age of eighteen (18) years. <DNSEN"11D ID by a majority of the merrbers of the Chippewas of Georgina Island First Nation who are of the full age of eighteen ( 18) years this day of , 1986.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.