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SECTION 5: ELIGIBILITY AND ENROLMENT
5.(1) The Inuvialuit are best able to determine who should be eligible under the Inuvialuit Land Rights Settlement, but there should also be objective criteria by which an individual may have determined the right to be a beneficiary. As amended August 11, 1988
5.(2) A person shall be eligible to enroll as a beneficiary and, accordingly, to have his name placed on the Official Eligibility List as amended from time to time if, as of the date of the Settlement Legislation (July 25, 1984), that person is a living Canadian citizen and: As amended August 11, 1988
(a) is on the Official Voters List used for approving this Agreement; or As amended August 11, 1988
(b) is considered to be of Inuvialuit ancestry or is considered by reason of Inuvialuit custom or tradition to be Inuvialuit and is accepted in either case as a member of an Inuvialuit Community Corporation; or As amended January 15, 1987 and August 11, 1988
(c) produces evidence satisfactory to the Enrolment Authority referred to in subsection (5), or its successor established by the Inuvialuit, that he has one-quarter or more Inuvialuit blood and, As amended January 15, 1987 and August 11, 1988
(i) was born in the Inuvialuit Settlement Region or Inuvik, or
(ii) has been a resident of the Inuvialuit Settlement Region or Inuvik for a total of at least ten years, or
(iii) if under ten years of age, is ordinarily resident in the Inuvialuit Settlement Region or Inuvik; or
(d) is an adopted child, under the laws of any jurisdiction or according to Inuvialuit custom, of a person who qualifies under paragraph (a), (b), or (c). As amended August 11, 1988
5.(3) A person shall be eligible to enroll as a beneficiary and, accordingly, to have his name placed on the Official Eligibility List as amended from time to time if that person is a Canadian citizen and is a descendant, as determined from time to time by the appropriate community corporation or the IRC as the case may be, of a person eligible for enrolment under paragraph 2(a), (b), (c), or (d). As amended January 15, 1987 and August 11, 1988
5.(4) An Enrolment Committee shall be established in each Inuvialuit community for the purpose of preparing initial lists of all members of the community whom it believes qualify under the initial eligibility criteria, and it shall forward such lists to the Enrolment Authority referred to in subsection (5) together with validating documentation and information. As amended January 15, 1987 and August 11, 1988
5.(5) An Enrolment Authority, comprising two representatives of COPE and one representative of the government, shall be responsible for the initial enrolment process according to the requirements and standards that the Authority establishes. It shall prepare and publish the initial Official Eligibility List and the initial Official Enrolment List; after doing so, its mandate will expire and it shall forthwith forward all its records to its successor established by the Inuvialuit. As amended August 11, 1988
5.(6) Any person eligible to enrol pursuant to subsection (2), (3) or (7) shall have the right to enrol at any time after attaining the age of eighteen (18) years. Such choice shall be exercised by signature of a document in form prescribed by the Enrolment Authority or its successor established by the Inuvialuit, and such name shall be placed on the Official Enrolment List, as amended from time to time. As amended August 11, 1988
5.(7) The Inuvialuit shall determine the eligibility and enrolment of future beneficiaries, those born after July 25, 1984. As amended August 11, 1988
5.(8) Any person who has been denied eligibility or enrolment as a beneficiary may appeal the denial to the Arbitration Board pursuant to section 18. As amended August 11, 1988
5.(9) Canada shall pay the expenses incurred for the initial enrolment of beneficiaries. As amended August 11, 1988
5.(10) Native persons may be enrolled in only one Canadian Land Claims Settlement for which they qualify. Persons who qualify to be enrolled in more than one settlement may choose the one in which they shall be enrolled. Persons who choose to be enrolled in the Inuvialuit Settlement may, within ten (10) years after enrolment, at their option, choose to relinquish their entitlement under the Inuvialuit Settlement in favour of enrolment in another settlement for which they qualify. On notice in writing by the person so opting or on notification and verification by the appropriate enrolling authority of another native settlement that the person so opting has applied and been enrolled in that other settlement, the person’s entitlement under this Settlement shall cease. As amended January 15, 1987 and August 11, 1988
5.(11) The Inuvialuit hereby offer to enroll in the Inuvialuit Settlement any native person of an aboriginal group proximate to the Inuvialuit Settlement Region who, at the time this Agreement is executed, is otherwise ineligible but is residing in or proximate to the Inuvialuit Settlement Region with their legally married husband or wife who is an eligible Inuvialuk. As amended August 11, 1988
5.(12) The offer under subsection (11) may be acted on for a period of ten (10) years after the date of execution of this Agreement. As amended August 11, 1988
5.(13) Subject to paragraph 2(d), the offer under subsection (11) does not extend to other non-Inuvialuit relatives, present or future, of any native person. As amended August 11, 1988
Analysis
Summary
Section 5 of the Agreement focuses on eligibility and enrollment of beneficiaries.
The Inuvialuit have the right to determine eligibility for beneficiaries based on objective criteria.
To be eligible for enrollment, a person must be a Canadian citizen and meet certain criteria, such as being on the Official Voters List, having Inuvialuit ancestry or being considered Inuvialuit by custom or tradition, having a specified degree of Inuvialuit blood, being born or residing in the Inuvialuit Settlement Region or Inuvik, or being an adopted child of an eligible person.
Descendants of eligible persons also have the right to enroll as beneficiaries.
Each Inuvialuit community will establish an Enrolment Committee to prepare initial lists of eligible members and forward them to the Enrolment Authority.
The Enrolment Authority, composed of representatives from COPE and the government, will be responsible for the initial enrollment process, preparing and publishing the Official Eligibility List and Official Enrolment List.
Individuals eligible to enroll can do so after reaching the age of 18 by signing a prescribed document, and their names will be added to the Official Enrolment List.
The Inuvialuit have the authority to determine the eligibility and enrollment of future beneficiaries born after July 25, 1984.
Appeals for denial of eligibility or enrollment can be made to the Arbitration Board.
Canada will cover the expenses for the initial enrollment of beneficiaries.
Native persons can only be enrolled in one Canadian Land Claims Settlement. They have the option to choose another settlement within ten years of enrollment in the Inuvialuit Settlement.
The Inuvialuit offer enrollment in the Inuvialuit Settlement to certain native persons residing in or near the Inuvialuit Settlement Region with their eligible Inuvialuit spouse.
This offer is valid for ten years from the date of execution of the Agreement and does not apply to non-Inuvialuit relatives of the native person.
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