The Governor in Council may amend the Qalipu Mi’kmaq First Nation Band Order by order, including adding or removing a person’s name and date of birth from the schedule. The Act also says no one has a compensation claim just because a name or date of birth was omitted or removed, subject to existing agreements.
An Act respecting the Qalipu Mi’kmaq First Nation Band Order Preamble Whereas on June 23, 2008, the Government of Canada and the Federation of Newfoundland Indians entered into the Agreement for the Recognition of the Qalipu Mi’kmaq Band; Whereas that Agreement provides for a process of enrolment for the Mi’kmaq Group of Indians of Newfoundland, which consists of the Mi’kmaq groups of Indians situated at various locations on the island of Newfoundland, and for that Group to be declared to be a band for the purposes of the Indian Act; Whereas the intention of the parties to the Agreement was to enable the enrolment of individuals who, on that date, self-identified as members of the Group, were recognized as such and had a current and substantial connection with one or more of the Mi’kmaq communities identified in the Agreement; Whereas on September 22, 2011, the Governor in Council made the Qalipu Mi’kmaq First Nation Band Order; Whereas on June 30, 2013, the parties to the Agreement entered into a Supplemental Agreement to clarify how to apply certain clauses of the June 23, 2008 Agreement and to ensure the fair and equal application of the enrolment criteria to all applicants; Whereas the Supplemental Agreement provides that the Enrolment Committee, consisting of representatives of both parties and an independent chair jointly selected by both parties, will assess enrolment applications in accordance with the Agreement and the Supplemental Agreement and will provide the parties with a new and final Founding Members List, which will form the basis for a recommendation to the Governor in Council to amend the schedule to the Qalipu Mi’kmaq First Nation Band Order; And whereas it is desirable to grant to the Governor in Council the power to amend the Qalipu Mi’kmaq First Nation Band Order so that it reflects the intention of the parties to the Agreement and the Supplemental Agreement; Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title This Act may be cited as the Qalipu Mi’kmaq First Nation Act. Definitions In this Act, band has the same meaning as in subsection 2(1) of the Indian Act, and council of a band has the same meaning as council of the band in that subsection. Order in council The Governor in Council may, by order, amend the Qalipu Mi’kmaq First Nation Band Order, in particular to add the name of a person to, or remove the name of a person from, the schedule to that Order, along with the person’s date of birth. No liability No person or entity has a right to claim or receive any compensation, damages or indemnity from Her Majesty in right of Canada, any employee or agent of Her Majesty, a band, a council of a band or any other person or entity only because any person’s name, or any person’s date of birth, was omitted or removed from the schedule to the Qalipu Mi’kmaq First Nation Band Order. Exception Nothing in subsection (1) abrogates, or derogates from, any agreement in force entered into among Her Majesty in right of Canada, the Qalipu Mi’kmaq First Nation and the Federation of Newfoundland Indians.