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Article 2General Provisions |
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2.1
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Upon
ratification, Canada and Manitoba shall take such steps as are necessary
to give effect to all of the provisions of this Agreement. |
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2.2
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Nothing
in this Agreement shall be deemed to extend Canada's obligations to
persons not defined as Indians in the Indian Act. |
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2.3 |
This Agreement shall be without force and effect and shall be without
prejudice to the Bands until and unless ratified by the Bands by the
procedure set out in this Article. |
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2.3.1 |
Within
ten days of the signing of this Agreement by all parties, Manitoba,
the Committee and Canada each shall name two representatives to constitute
a Steering Committee that shall have the responsibility for the conduct
and oversight of a referendum to determine whether or not this Agreement
is ratified by a majority of the Members of the five Bands. One of the
representatives named by Canada shall be appointed by Canada to serve
as Chairman of the Steering Committee. The Chairman shall call the first
meeting of the Steering Committee within fourteen days of the signing
of this Agreement by all parties. |
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2.3.2
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The
Steering Committee shall submit a proposed budget for the conduct of
the referendum to Canada and Manitoba for approval. All costs of the
referendum shall be shares equally by Canada and Manitoba. |
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2.3.3
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The
referendum shall be completed, and the results reported in writing by
the Steering Committee to the four parties within 60 days from the date
of signing of this Agreement. |
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2.3.4 |
All decisions of the Steering Committee shall be determined by majority
vote. |
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2.3.5 |
The
Steering Committee shall name a presiding officer to be solely responsible
for the conduct of the referendum on each Reserve under the direction
of the Steering Committee. The Steering Committee shall dertermine the
honoraria to be paid to the presiding officer, which honoraria shall
be included in the budget specified above. |
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2.3.6 |
The referendum will be held on each Reserve not sooner than ten days
after a public meeting is held on the proncipal Reserve of the Band
concerned, for the purpose of discussing this Agreement and answering
questions that may be raised by band members concerning this Agreement.
The meeting shall be chaired by the presiding officer who will give
public notice of the time and location of the meeting not les than seven
days before the meeting. |
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2.3.7 |
The referendum will be conducted by secret ballot in which only persons
registered as members of the five bands, as of the day on which the
ballot is held for the Band, shall be eligible to vote. The presiding
officer shall have the sole authority to dertermine whether persons
presenting themselves at the polling places are in fact the persons
they purport to be, and are registered as members of the Band concerned
as of the date that the ballot is held for the Band concerned. |
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2.3.8 |
The presiding officer shall forward the ballot box under unopened seal
to the Steering Committee, in accordance with the instructions of the
Steering Committee. The Steering Committee shall open the ballot boxes
and count the ballots only when all the Ballot boxes have been received
by it. The Steering Committee will report the results of the ballots
in writing, under confidential cover, by community, to each of the four
parties. A simple majority among all ballots cast will be deemed to
be a ratification of this Agreement. |
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2.3.9 |
The Steering Committee shall have authority to interpret the provisions
of the ratification process and to adopt other requirements as may in
its opinion br required provided that such requirement are not contrary
to the provisions of this Agreement. |
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2.4 |
The obligations of Canada to Indians pursuant to the Indain Act and
the obligations of Manitoba to Indian residents of Manitoba in the form
of programs. projects and other funding, shall apply to the Indian residents
of the Reserves, subject to the normal criteria established from time
to time for the apllication of such programs and projects and shall
in no way be dimnished by any entitlements pursuant ot this Agreement. |
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2.5 |
The
parties agree that the area and boundaries of the Reserve of the York
Factory Landing have not been ascertained at the date of this Agreement.
Nothwithstanding anything to the contrary contained in this Agreement,
neither the said Band nor any member thereof shall be prejudiced by
virtue thereof, in respect of any claim. |
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