Claim Settlement to the Ottawa Valley (Ont)
Algonquins of Pikwŕkanagŕn Chief and Council have discussed with Government,
the need to resolve the "Beneficiary Criteria Issue" immediately. The
process will involve reaching agreement with the ANND Board of Directors on a
jointly agreed to Criteria to identify people who will eventually participate as
the jointly agreed to criteria can be implemented immediately so that those
people of Algonquin Descent who wish to, and are successful, having demonstrated
that they meet the criteria in their application for registration; could then be
registered as "Eligible" to become "Beneficiaries", if and
when "Actual Benefits" are negotiated and secured in a
"Settlement Agreement" which is "Ratified" by all of the
people of Algonquin Descent who are so "Registered" may proceed to
elect and "Mandate" representatives to participate, and to assist in
providing direction to the Algonquin Chief Negotiator.
when a "Settlement Agreement" is reached and is "Ratified"
by all of the negotiating parties all persons registered as "Eligible to
become Beneficiaries" will automatically become registered as
"Beneficiaries" on the date of ratification.
this law, reference to the masculine includes the feminine, and reference to the
singular includes the plural.
means the adoption of a Minor child under the laws relating to adoption in any
of the provinces of Canada.
of Pikwakanagan Government”
means the Council of the Algonquins of Pikwakanagan.
“(Algonquins of Pikwakanagan Claim) Territory”
means that portion of the watersheds of the Mattawa and Ottawa River’s from
North Bay to Point L’ Orignal lying in Ontario and accepted by the governments
of Canada and Ontario for the purposes of negotiating a land claim settlement
with the Algonquins of Pikwakanagan Government in the Framework for Negotiations
singed in 1994.
means a person who applies for registration on his own behalf.
means a person who, by order of a court, or pursuant to legislation, has been
vested with the authority to manage the affairs of an adult incapable of
handling his own affairs, may act as that person’s “Representative” and
may apply to the Registrar to register that adult.
means the Registrar established pursuant to Section 2.1.a).
means a descendant in either the natural mother’s or father’s line.
“Minor” means a person who has not yet attained the full age of eighteen years.
mean a person who lived or has lived the majority of his life within the
Territory. In making such
determination, temporary absences from the Territory for reasons of travel,
employment, education, medical treatment, military service or incarceration,
shall be considered periods of residence provided the person was Ordinarily
Resident prior to and following such temporary absences.
means the list of names attached. These
names are taken from the Algonquin petitions, speeches and Council proceedings
that relate to or refer to Algonquin Territory lying in Ontario.
Any person whose name appears on the Schedule B attached, and for
interpretation purposes any person who, on July 15, 1897 was a direct descendant
of a person whose name appears in Schedule B, shall be deemed to be 100%
Algonquin or Nipissing by blood.
Appendix “I” means the list of “communities” attached and located in various locations through out the agreed to land claim territory (governments and Pikwakanagan)
Algonquins of Pikwakanagan
persons who is registered pursuant to the Indian Act RSC, c. 1-5, as a member of
the Algonquins of Pikwakanagan First Nation is hereby eligible to be registered
as a beneficiary.
People of Algonquin / Nipissing Descent
person shall be eligible to be registered as a beneficiary if that person
applies and is a Canadian Citizen who can prove (ancestry) from a person named
on SCHEDULE “B” and;
is 1/8 or
more Algonquin or Nipissing by blood quantum or any combination of Algonquin and
Nipissing descent which equals 1/8th or more Algonquin / Nipissing by
with an Algonquin “community” described in Appendix “I”.
A person shall be deemed to be associated with a “community” if that
person ordinarily resides in the “community” (and/or maintains close ties
with the “community”) ( all of which must be demonstrated).
Others by Algonquin Government Acceptance
shall be eligible to be registered as a beneficiary if that person applies and
is accepted by the Algonquins of Pikwakanagan Government and must demonstrate
that they are;
of Algonquin descent (or of descent from other First Nations, that are
recognized by Canada pursuant to the Indian Act RSC) and is married to a person
registered pursuant to 1.1 or 1.2 above. (and can provide a valid marriage
descent (or of descent from other First Nations, recognized by Canada pursuant
to the Indian Act RSC) and was adopted as a minor,
A clause creating eligibility for minors adopted by “Algonquin
may/will be added to this criteria after the Algonquin Government has carried
out anthropological research on this subject and consulted the Algonquins of
Other Comprehensive Land Claim Agreements
Notwithstanding 1.1, and 1. 2, and 1.3.
no person who is registered pursuant to another comprehensive land claim
agreement beneficiary criteria in Canada may be registered pursuant to this
criteria, and any person registered pursuant to this criteria shall cease to be
so registered if that person becomes registered pursuant to another such
1.4.a) above, a person who would be eligible to be registered pursuant to this
criteria, but for the fact that that person is registered pursuant to another
comprehensive land claim agreement in Canada, shall be eligible to be registered
pursuant to this agreement if that person ceases to be registered pursuant to
the other comprehensive land claim agreement and elects to be registered
pursuant to this criteria.
Members of Other First Nation Members
Notwithstanding 1.1, and 1. 2, and 1.3; no person who is registered as a
member of another First Nation in Canada pursuant to the Indian Act RSC may be
registered pursuant to this criteria; and any person registered pursuant to this
criteria shall cease to be so registered if that person becomes registered as a
member of another First Nation in Canada pursuant to the Indian Act RSC; and
1.5.a) above, a person who would be eligible to be registered pursuant to this
criteria, but for the fact that that person is registered as a member of another
First Nation in Canada pursuant to the Indian Act RSC, shall be eligible to be
registered pursuant to this criteria if that person ceases to be registered as a
member of another First Nation in Canada pursuant to the Indian Act RSC and
elects to be registered pursuant to this criteria.
Eligibility is Personal
to be a beneficiary is personal to each individual; this cannot be transferred
to or assigned by the individual to another person.
persons who wish to register, must apply in writing and are themselves
personally responsible for providing all supporting documentation.
Registrar and Registration Secretariat
Registrar and Registration Secretariat shall be established, composed of:
A Registrar appointed by the Algonquins of Pikwakanagan whose name
appears on the Official Membership List of the Algonquins of Pikwakanagan, ( or,
who has been contracted to carry out the functions of registration) and;
Four Associate Registrars together with Administrative Support Staff
selected by the Registrar whose names appear on the Official Membership List of
the Algonquins of Pikwakanagan, (or, who has been contracted to assist in the
verification and registration of applicants) and;
During the initial registration period only, one person appointed by the
Minister of Indian Affairs and Northern Development and one appointed by the
Minister of Aboriginal Affairs may participate for monitoring purposes.
The Registrar shall establish a Beneficiary Eligibility Register, and
maintain therein a record of all registered persons; and
b) The Registrar shall
register any person who applies and who provides proof of eligibility pursuant
to 1.1 or 1.2, or 1.3 and 1.4 b) or 1.5 b); and
c) The Registrar shall
register any adult person who is not a minor for whom the Registrar receives an
application for registration by that person’s parent or guardian, which
demonstrates eligibility pursuant to 1.1 and 1.2 and 1.3 or 1.4 b) or 1.5 b);
d) The Registrar shall remove
from the Beneficiary Eligibility Register the name of any person who is not a
minor and who notifies the Registrar in writing that their name is to be removed
from the Register; and any person, adult or minor, whose legal parent or
guardian notified the Registrar in writing that the name is to be removed from
the Register; and
e) The Registrar shall
distribute application forms for registration and information pertaining to
registration and its processes approved by the Algonquins of Pikwakanagan
Government; which forms shall provide that an applicant must provide original
documentation or documentation, certified to be a true copy of the original
document by an officially recognized issuing authority including Government
Agencies, Churches and Canadian and Provincial Courts; and
f) The Registrar shall
receive and acknowledge all applications; and
g) The Registrar shall
request additional information as he deems necessary to make a fair decision;
h) The Registrar shall
identify the Algonquin Community with which the applicant is associated, and
i) The Registrar shall
identify whether the applicant is applying to be registered pursuant to 1.1 or
1.2 or 1.3 and 1.4 b) and 1.5 b).
The Registrar shall determine with input from a recognized genealogist
procedures and rules for verifying evidence which shall be in accordance with
the principles of natural justice; and
k) The Registrar shall
immediately notify the Algonquins of Pikwakanagan Government if he determines
that he is being inappropriately coerced to either register or not register an
The Registrar shall prepare and provide an official letter to each
applicant whose name has not been entered in the Enrollment Register stating the
reasons for the decision to refuse registration and of that applicant’s right
to re-apply for registration; the application and original documentation will be
returned to the applicant at that time; and
The Registrar shall prepare and provide an official letter to each
successful applicant stating that they are registered and will therefore be
eligible to participate in the benefits if and only when benefits are secured in
a treaty that may be the result of the Algonquins of Pikwakanagan Land Claim
negotiations with Governments of Canada and Ontario; and
The Registrar shall after making his final decision, prepare a certified
copy of the original application and a certified copy of all documentation
submitted for record purposes after which the originals will be returned to the
The Registrar shall maintain a record of those persons whose application
for registration were rejected; and
The Registrar shall publish the Beneficiary Eligibility Register at least
once a year; and
The Registrar shall make the names and contact information of all
registered applications available to the Algonquins of Pikwakanagan Government
on a regular basis which shall be used for consultation purposes only; and
The Registrar shall prepare an annual budget for the operation of the
Registration Secretariat and present it for review and approval to the
Government of Canada and the Government of Ontario;
There shall be no right or process to appeal the Registrar’s decision.
Governments of Canada and Ontario shall pay the reasonable and necessary costs
incurred by the Registrar and the Registration Secretariat during the initial
the initial registration period, the Algonquins of Pikwakanagan Government shall
bear the costs of the Registrar and the Registration Secretariat
5. Other Provisions
It should not be construed that the Algonquins of Pikwakanagan Government
is obligated to consult with all persons eligible to be registered.
applicants registered pursuant to this criteria shall have equal rights as
beneficiaries once benefits are actually secured in a final land claim agreement
with the governments of Canada and Ontario
provided under the resulting land claim settlement agreement, unless otherwise
specified, shall be held by the beneficiaries collectively. No individual
beneficiary has a right to land, money or other benefits unless specifically
provided for in the final land claim agreement.
For greater certainty, all successful applicants on the Beneficiary
Eligibility Register shall automatically be designated as beneficiaries
immediately after the date settlement legislation is declared into law.
The Algonquins of Pikwakanagan Government may continue registration
beyond the date of settlement legislation.
Page created by: muckwa
Changes last made on: April 14, 2004.