Marginal note:Combined vote on oil, gas and moneys
19. If agreements have been concluded under both sections 15 and 16, a single vote may be conducted for the purposes of sections 17 and 18.
Marginal note:Eligibility to vote
20. (1) Subject to subsection (2), a first nation member, whether resident on the reserve or not, is an eligible voter if the member’s name appears on the band list and the member has reached the age of eighteen years on the date of the vote.
(2) In the case of a first nation that is not the subject of an order made under section 74 of the Indian Act, a first nation member, whether resident on the reserve or not, is an eligible voter if the member’s name appears on the band list and the member has, on the date of the vote, reached the eligible age for participation in the selection of the first nation’s council according to the custom of the first nation.
Marginal note:Approval by majority vote
21. (1) Subject to subsections (2) and (3), a vote conducted under section 17 or 18 is affirmative when
(a) a majority of eligible voters participates in the vote and a majority of those who participate votes affirmatively; or
(b) the council has provided for the registration of eligible voters who signify their intention to participate in the vote, and a majority of those who are so registered votes affirmatively.
Marginal note:Minimum participation
(2) A vote is not affirmative unless more than twenty-five per cent of all eligible voters vote affirmatively.
Marginal note:Increased percentage
(3) The council of a first nation may, by resolution adopted before the vote, increase the proportion of votes required under paragraph (1)(a) or (b) or subsection (2).
TRANSFERS TO FIRST NATIONS
Oil and Gas
Marginal note:Additions to Schedule 1
22. (1) The Governor in Council may, by order, add a first nation’s name to Schedule 1 following
(a) an affirmative vote by the first nation’s eligible voters on the ratification of the codes prepared under section 10 and the approval of the transfer of the management and regulation of oil and gas exploration and exploitation to that first nation; and
(b) the making of laws by the council under paragraphs 35(1)(a) to (d).
Marginal note:Change of name
(2) On receipt by the Minister of a resolution of a first nation’s council advising of a change in the name of the first nation, the Governor in Council may, by order, amend Schedule 1 accordingly.
Marginal note:Transfer of contracts
23. (1) On a first nation’s transfer date, the rights and obligations of Her Majesty under existing contracts in respect of the first nation’s managed area — as well as under any agreements related to those contracts — are assigned to the first nation.
(2) The Minister shall provide written notice to contract holders of the assignment of their contracts and any agreements referred to in subsection (1).
Marginal note:Existing designations
(3) For greater certainty, after a first nation’s transfer date, any designations made under the Indian Act in respect of oil and gas in the first nation’s managed area cease to have effect, and the rights and obligations of Her Majesty under those designations are superseded by the rights and obligations of the first nation under this Act.
(4) If a designation under the Indian Act relates both to oil and gas and to other rights and interests unrelated to oil and gas, subsection (3) applies in respect of the designation only insofar as it relates to oil and gas.
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