Batchewana

Membership

 

***IMPORTANT INFORMATION REGARDING THE ISSUING OF STATUS CARDS***
Indian Affairs is strictly enforcing the following, effective immediately

16 & Older  - must provide 2 pieces of proper ID or 1 piece of ID with Guarantor Declaration Form

15 & Younger - must have one piece of ID of the parent, AND one piece of ID for the child.  Or, one piece of parent ID and Guarantor Declaration Form.

IMPORTANT:    If the legal guardian is applying on behalf of the child, a copy of the legal guardianship order naming the guardian is mandatory.

GUARANTOR - The Guarantor (list of persons eligible to be a guarantor is listed on the form) must have known the applicant for at least 2 years.  The guarantor must also write “This is a true likeness of [applicant’s name] on the back of one photo, sign & date it.  This photo will be submitted to Indian Affairs along with the application form.

ACCEPTABLE ID INCLUDES        UNACCEPTABLE ID INCLUDES
Driver’s License
Health Card
Birth Certificate *
Fire Arms License
Provincial ID Card
Student ID Card
Nexus Card (counts as 2 pieces)
Passport (counts as 2 pieces)    SIN Card
Photocopy of ID
Bank Card
Expired Card (Exception: Status Card can be expired for up to 6 months)
 
 If you have been issued a Secure Certificate of Indian Status (SCIS), you are not eligible to apply for a Laminated Status Card.  You must resubmit your application for a replacement SCIS and report it for cancellation by calling 1-800-567-9604.

* Birth Certificates are usually only required as ID to obtain other forms of Identification.  They are usually not required on a day-to-day business.  I highly recommend you keep them in a safe place, not on your person.  If your wallet is lost or stolen, at least you will have your Birth Certificate to start with the process of obtaining your other ID.


PLEASE CALL AHEAD TO ARRANGE APPOINTMENTS.  I CAN BE REACHED AT
(705) 759-0914 EXT. 205

Lisa McCormick
Membership Clerk

For Informationon updated INAC website and for the secure certicicate of Indian Status please visit the website

www.ainc-inac.gc.ca/br/is/scs/faq-eng.asp

* Please note that all information is from the Government of Canada's perspective

related to your eligibility to be registered as a Status Indian, or to obtain a SCIS once you are registered, contact any IRA or INAC office. Further information regarding the SCIS is available by telephoning toll-free 1-800-567-9604, emailing InfoPubs@ainc-inac.gc.ca or viewing the INAC website.

Further information relating to various benefit entitlements can be found at the following websites:

Benefits Information, Non-Insured Health Benefits, First Nations and Inuit Health Branch, Health Canada athttp://www.hc-sc.gc.ca/fniah-spnia/index-eng.php or 1-800-259-5611

Status Indians, Aboriginal Peoples, Canada Revenue Agency - http://www.cra-arc.gc.ca/brgnls/ndns-eng.htmlor 1-613-598-2275

Dental 1-888-332-9222

 

POLICY TITLE:

Band Transfer Policy

SUBJECT:

Accepting Transfers to Batchewana First Nation

POLICY SECTION:

Government - General

POLICY NUMBER:

GG - 008

EFFECTIVE DATE:

October 1, 2008

ENACTED BY:

Motion #3

Preamble

This document has been adopted for the use of Batchewana First Nation Chief & Council to outline procedures for the acceptance/rejection of applicants from other First Nations to our membership.

SECTION A            Policy Statement

 

1.0             In 1973, the Batchewana First Nation Chief & Council endorsed a Band Council Resolution, #5-73, which disallowed transfers of members from other First Nations to the Batchewana First Nation.

 

1.1            In January 1980, Band Council Resolution #80-433 was endorsed to make an exception to #5-73 and accept the transfer of three (3) members from Garden River to Batchewana First Nation.  This was the last time, transfers were accepted into the Band.

 

1.2            In August 22, 2002, Motion #11, Batchewana First Nation Chief & Council appointed the First Working Group to develop a Terms of Reference on reviewing information and making recommendations on requests for Band Transfers.

 

1.3            In June 2008, the Batchewana First Nation Chief & Council appointed Band Transfer Committee held public Community Consultation Meetings (3 meetings, one in each community) regarding the development of a Band Transfer Policy.  The Committee drafted and distributed surveys to obtain input from the members regarding the Policy.  Surveys were also mailed out to households in the May 2008 Monthly Mail-Out.

 

1.4            October 1, 2008, the Batchewana First Nation Chief & Council endorsed B.C.R. #2008-031 rescinding B.C.R’s #5-73 and #80-433 to now accept transfers, and enact the Band Transfer Policy.

                                  

SECTION B            Definitions

 

2.1            Adult - means any who has attained the age of 18 years of age.

 

2.2            B.C.R. - means Band Council Resolution.

 

2.3             Chief and Council - means the duly elected government of Batchewana First Nation.

 

2.4            Committee - means the appointed Batchewana First Nation Membership Transfer Appeal Committee.

 

2.5            Custodial Parent - means the parent with whom the child primarily resides, and has been granted care of such minor child by the Court.

 

2.6             First Nation - means any First Nation recognized by Indigenous & Northern Affairs Canada (INAC).

 

2.7            Minor Child - means any person who has not yet attained 18 years of age.

 

2.8            Original Band Member - means a Batchewana First Nation Member whose initial registration was with the Batchewana First Nation.

 

2.9            Registered  - means any person registered under Section 6 of the Indian Act.           

 

2.10            Spouse - means a person who co-habits with an original member of the Batchewana First Nation whom they are currently married to, or common-law (in a conjugal relationship, having cohabited for a period of at least five three (3) years).

                                                                                                                                   

2.11            Section 10 First Nation - means a First Nation who has implemented a membership/citizenship code.

 

2.12            Section 11 First Nation - means a First Nation who membership is controlled by INDIGINEOUS AND NORTHERN AFFAIRS CANADA (“INAC”)

 

SECTION C - Regulations

 

3.1            Any adult Registered Indian, who, was an original band member, is a direct descendant of one, or is the current spouse of one, may apply to become a member of the Batchewana First Nation.           

 

 

3.2            If an application is made on behalf of a registered minor child, consent is required from both parents.  In the case where one parent has been granted sole custody, then only the custodial parent’s consent is required upon proof of such ordered custody.  If the said minor child is over 12 years old, the written consent of the child is also required.

 

3.3            All forms in the Application Package must be completed prior to review and acceptance/rejection.

 

3.4            For greater certainty and subject to s. 3.1, the Membership Office shall additionally take into account the following before the application proceeds to be publicly posted in s.3.5;

                        a) the length of time the individual has been in the community;

                        b) knowledge of Batchewana First Nation (ie. Land bases, programs, projects)

                        c) ties to the community;

 

3.5            Once completed, the application is submitted to the Membership Office.  The name of the individual shall be publicly posted (Band Office, Monthly Mail-out) for a period of at least 60 days and no longer than 90 days.  During this time, Batchewana First Nation members will have the opportunity to express any concerns they may have regarding the applicant.  In order for Chief & Council to consider their concerns, they must be submitted in writing to the Membership Office within 60 days of the name being posted.

 

3.6            After the minimum 60 day posting, at a duly convened meeting of Chief & Council, the application will be reviewed along with any written concerns to determine if the acceptance/rejection of the applicant is in the best interest of the Batchewana First Nation.

 

3.7            Within 30 days of the Chief & Council’s decision, the applicant will be notified in writing of the acceptance or rejection of their application.

 

SECTION D - Acceptance for Transfer

 

4.1            Upon approval of the application for transfer, the Chief & Council will endorse a Band Council Resolution (B.C.R.) accepting the transfer of the applicant to Batchewana First Nation. 

 

4.2            The Membership Office will send written notice to the successful applicant.

 

4.3            The Membership Office will send the endorsed B.C.R. to INAC for registration.  If the said applicant is transferring from a Section 10 First Nation they will need to contact their First Nation to endorse a releasing B.C.R. to be forwarded to INAC.   Upon receipt of both B.C.R.’s, INAC will process the transfer.  Once the transfer is processed, the only way to remove the member is if they transfer to another band.

 

4.4            Once the Membership Office receives confirmation that the transfer has been processed, the applicant can then be issued a new Certificate of Indian Status as a member of the Batchewana First Nation.

 

SECTION E - Rejection of Transfer Application

 

5.1            Once Chief and Council has rejected the application, a motion will be sent to the Membership Office and the Membership Clerk will send written notice to the applicant within 30 days.

 

5.2            The applicant will have 60 days from the date of the letter to appeal the decision of Chief and Council.

 

SECTION F                           Appeal

 

6.1            The Applicant, or if on behalf of a minor their parent, is the only person who may appeal the rejected application.

 

6.2            The Appeal must be in writing and shall contain the name of the person making the appeal and the reasons for the appeal.

 

6.3            The Appeal must be submitted to the Membership Office no later than 60 days after the date of the letter of notification.

 

6.4            Twice yearly, the Chief & Council shall designate a Membership Appeal Committee to review the appeals.  Every appeal shall be reviewed within 6 months of the appeal submission.

 

6.5            The Committee will carefully review each appeal, along with the original application and any written concerns. 

 

6.6            Once the Committee has reached a decision they will forward their decision and findings to Chief and Council for reconsideration or to support the denial of the application.

 

6.7            If the Chief and Council rejects the appeal, it is their inherent right and responsibility, as elected officials, to act in the best interests of the Batchewana First Nation.

 

6.8            The application, subsequent documents and correspondence will be retained in the Membership Office for a period of 5 years, then it will be shredded.

 

6.9            Any applicant may reapply after a 2 year period from the date of the Council meeting where the appeal was disallowed.

 

6.10            The applicant will need to complete a new application package submit it to the Membership Office, where it will be reviewed along with the old file to be submitted for consideration. 

 

 

 

SECTION G

Policy Adoption and Review Guidelines

 

Date of Adoption by Council

 

 

Motion No.

Date of Most Recent Review

Date of Next Review by Council

October 1, 2008

 

3

 

 

 

 

Date of Amendment

Motion No.

Section

Changes Made

October 30 ,2008

12

3.4

3.5

Amended minimum posting of names from 30 days to 60 (and not more than 90, Band Member concerns to 60 days)

September 2, 2015

 

2.10

2.12

Amended sections to change definition of “common law” to coincide with BFN’s MRP and updated “INAC”.

September 2, 2015

 

3.4

3.5

Amended section to include guidelines for review by membership office before publicly posting

 

SECTION H

References to Other Policies or By-laws

 

Policy Title

Policy Section

Policy Number