Verification Process. 8.1 Where a First Nation develops a proposed land code and resolves to submit it to the community for approval, an independent person will be appointed as a verifier. The verifier will be chosen in accordance with clause 44. 8.2 The council of the First Nation may appoint a person to act as ratification officer. 8.3 The representatives of the First Nation and the Minister, who have been assisting in the process of transferring administration of the land, will meet with the verifier and, if applicable, the ratification officer, and provide information and advice to them, after consulting with their respective Parties. 8.4 The First Nation will submit the following information to the verifier and, if one has been appointed, the ratification officer: (a) a copy of the proposed land code; (b) an initial list of the names of every First Nation member who, according to the First Nation's records at that time, would be eligible to vote on whether to approve the proposed land code; and (c) a detailed description of the community approval process that the First Nation proposes to use under clause 7. 8.5 The verifier will: (a) decide whether the proposed land code conforms with the requirements of clause 5; and (b) decide whether the proposed community approval process conforms with the requirements of clause 7. 8.6 The verifier also has the power to make a final decision to resolve: (a) any dispute regarding whether a portion of a reserve may be excluded from a land code pursuant to clause 4.4; and (b) any dispute regarding the specifics of the transfer of administration between Canada and the First Nation. 8.7 A verifier will make decisions that are consistent with clauses 4.4 and 4.5. 8.8 A verifier will not deal with disputes over funding. 8.9 Within 30 days of receiving the First Nation's information pursuant to clause 8.4, the verifier will issue a written notice to the First Nation and the Minister stating whether the proposed land code and community approval process are consistent with this Agreement. 8.10 The verifier will provide written reasons to the First Nation and the Minister if he or she decides that the proposed land code or community approval process are not consistent with this Agreement.
Appears in 2 contracts
Sources: Framework Agreement on First Nation Land Management, Framework Agreement on First Nation Land Management
Verification Process. 8.1 Where a First Nation develops a proposed land code and resolves to submit it to the community for approval, an independent person will be appointed as a verifierverifier to monitor and verify the opting in process. The verifier will be chosen in accordance with clause 44.
8.2 The council of the First Nation may appoint a person to act as ratification officer.
8.3 The representatives of the First Nation and the Minister, who have been assisting in the process of transferring administration of the land, will meet with the verifier and, if applicable, the ratification officer, and provide information and advice to themthe verifier, after consulting with their respective Parties.
8.4 8.3 The First Nation will submit the following information to the verifier and, if one has been appointed, the ratification officerverifier:
(a) a copy of the proposed land code;
(b) an initial list of the names of every First Nation member who, according to the First Nation's records at that time, would be eligible to vote on whether to approve the proposed land code; and
(c) a detailed description of the community approval process that the First Nation proposes to use under clause 7.
8.5 The verifier 8.4 the Verifier will:
(a) decide whether the proposed land code conforms with the requirements of clause 5; and;
(b) decide whether the proposed community approval process conforms with the requirements of clause 7;
c) determine whether the community approval process is conducted in accordance with the process that was confirmed; and
d) certify as being valid a First Nation's land code that is properly approved by the First Nation.
8.6 8.5 The verifier also has the power to make a final decision to resolve:
(a) any dispute regarding whether a portion of a reserve may be excluded from a land code pursuant to clause 4.4; and
(b) any dispute regarding the specifics of the transfer of administration between Canada and the First Nation.
8.7 8.6 A verifier will make decisions that are consistent with clauses 4.4 and 4.5.
8.8 8.7 A verifier will not deal with disputes over funding.
8.9 8.8 Within 30 days of receiving the First Nation's information pursuant to clause 8.48.3, the verifier will issue a written notice to the First Nation and the Minister stating whether the proposed land code and community approval process are consistent with this Agreement.
8.10 8.9 The verifier will provide written reasons to the First Nation and the Minister if in any case where he or she decides that the proposed land code or and community approval process are not consistent with this Agreement.
Appears in 1 contract
Sources: Framework Agreement on First Nation Land Management