HFN Membership Code Draft#3.Sep5.2021-11-04-2021 - Blue Cover

HORNEPAYNE FIRST NATION
MEMBERSHIP CODE

Draft #3A - September 5, 2021

TABLE OF CONTENTS

1.0 STATEMENT OF INTENT AND NOTICE...........................................................1
2.0 DECLARATION .....................................................................................................1
3.0 DEFINITIONS.........................................................................................................1
4.0 PURPOSE OF THE MEMBERSHIP CODE ..........................................................2
5.0 CONSENT OF THE ELECTORS ...........................................................................2
6.0 AUTOMATIC MEMBERSHIP...............................................................................2
7.0 ELIGIBILITY FOR MEMBERSHIP ......................................................................3
8.0 MEMBERSHIP CRITERIA ....................................................................................3
9.0 CHILDREN UNDER EIGHTEEN (18) YEARS OF AGE.....................................4
10.0 TRANFERS FROM OTHER FIRST NATIONS ....................................................4
11.0 RESTRICTIONS ON TRANSFERRED MEMBERS.............................................5
12.0 WITHDRAWAL AND TERMINATION OF MEMBERSHIP ..............................5
13.0 INELIGIBILITY, REVOCATION, AND BANISHMENT

OF MEMBERSHIP .................................................................................................6
14.0 MEMBERSHIP REVIEW PANEL .........................................................................7
15.0 MEMBERSHIP CLERK .........................................................................................8
16.0 APPLICATION FOR MEMBERSHIP....................................................................8
17.0 APPROVAL/DENIAL OF APPLICATION .........................................................10
18.0 APPEAL PROCESS ..............................................................................................11
19.0 PROTESTS ............................................................................................................11
20.0 VOLUNTARY REMOVAL FROM BAND MEMBERSHIP LIST.....................12
21.0 GENERAL INTERPRETATION..........................................................................13

22.0 AMENDMENTS ...................................................................................................13
23.0 COMING INTO FORCE.......................................................................................14

SCHEDULE “1”
APPLICATION FOR MEMBERSHIP..................................................................15

SCHEDULE “2”
WRITTEN CONSENT OF NON-HORENEPAYNE
FIRST NATION MEMBER PARENT .................................................................18

SCHEDULE “3”
APPLICANT’S GENEAOLOGY CHART...........................................................19

SCHEDULE “4”
TRANSFER APPLICATION................................................................................20

SCHEUDLE “5”
APPLICATION BY BAND MEMBER
TO HAVE NAME REMOVED FROM THE HORNEPAYNE
FIRST NATION MEMBERSHIP LIST................................................................21

SCHEDULE “6”
NOTICE OF APPEAL...........................................................................................22

1.0 STATEMENT OF INTENT AND NOTICE

1.01 Hornepayne First Nation desires continued control over the membership of their
First Nation Band.

1.02 As the governing authority of the Band, the Band Council has given the
membership of Hornepayne First Nation appropriate notice of the intentions of the
Band to maintain continued control of both a Membership List and a written
Hornepayne First Nation Membership Code (the “Code”) for the Band.

1.03 The Hornepayne First Nation descendants who have signed the Statement of Intent
on or before the date this Code is ratified are members of the Band.

1.04 This Code and its processes shall be interpreted and applied in accordance with the
principles of fundamental fairness, the rules of natural justice, inherent customary
laws, and the traditions of Hornepayne First Nation.

2.0 DECLARATION

2.01 The people of Hornepayne First Nation assert their sovereignty collectively as
members of the Band through their rights and freedoms, including the inherent right
to determine their own Band membership based on genealogy, heritage, traditions,
culture, values, customs, and beliefs.

2.02 In determining the membership of Hornepayne First Nation, the people shall ensure
that only direct bloodline descendants of original Hornepayne First Nation families
are included as Members of the First Nation.

3.0 DEFINITIONS

3.01 The following words and phrases have the following meanings:

a) ISC – means Indigenous Services Canada
b) CIRNAC – means Crown-Indigenous Relations and Northern Affairs

Canada
c) ISC Band List – means any list of members of Hornepayne First Nation

included in other Band Lists maintained by Indigenous Services Canada
pursuant to the Indian Act prior to this Code coming into force.
d) Band - means Hornepayne First Nation or a First Nation or Band as defined
in the Indian Act of Canada.
e) Band Council means the Chief & Council democratically elected according
to the Election Act of Hornepayne First Nation Band currently in force.
f) Band Member - means a person whose name appears on the Hornepayne
First Nation Membership List.

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g) Child - means a person under the age of eighteen (18) years of age born in
or out of wedlock, or legally adopted, or adopted under the custom of
Hornepayne First Nation.

h) Code – means this Hornepayne First Nation Membership Code.
i) Elector - means a person who is a registered member of Hornepayne First

Nation and is eighteen (18) years of age or over.
j) First Nation – means a Band as defined by the Indian Act of Canada.
k) Membership Clerk – means the person appointed by the Band Council to

maintain the Membership List.
l) Membership List – means the list of persons maintained by Hornepayne

First Nation through its Membership Clerk under the terms of this
Membership Code.
m) Membership Review Panel – means the committee appointed by the Band
Council to act in such capacities as the Hornepayne Band Membership Code
may provide or the Band Council may establish from time to time.
n) Special Meeting – means a meeting held in accordance with this Code to
which the Band Members are invited to attend, and if required, to vote on a
matter presented.
o) Status Indian – means a person who, pursuant to the Indian Act R.S.C.
1985 c. 1-5, as amended, is registered as an Indian and whose name appears
on the Indian Registry maintained by the Federal Department of Indigenous
Services Canada or its successor Departments.

4.0 PURPOSE OF THE MEMBERSHIP CODE

4.01 The purpose of this Membership Code is to:

a) set out rules to determine who may or may not enjoy the privilege of being
a Band Member of Hornepayne First Nation;

b) set out rules by which to establish, maintain, and administer the Hornepayne
First Nation Membership List; and

c) set out rules by which to protect the continued existence of the Band
Members of Hornepayne First Nation.

5.0 CONSENT OF THE ELECTORS

5.01 The majority of the Electors of the Band, through public consultation and public
dialogue, have given their consent to Hornepayne First Nation to maintain control
of its own Membership List and to support the Band Council in approving a
Membership Code.

6.0 AUTOMATIC MEMBERSHIP

6.01 A person has a right to be a Band Member of Hornepayne First Nation by having
their name entered automatically on the Membership List if that person’s name
appeared on any Hornepayne First Nation Membership List or any existing

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Indigenous Services Canada (ISC) Band List in accordance with the terms and
conditions of the Indian Act.

7.0 ELIGIBILITY FOR MEMBERSHIP

7.01 A person may be eligible to be enrolled as a Band Member of Hornepayne First
Nation if, with the consent of the Band Council, they:

a) submit an application for membership with Hornepayne First Nation;
b) are a direct descendant of a Band Member of Hornepayne First Nation; and
c) are registered on the Indian Registry maintained by ISC.

7.02 A person who is adopted by a person(s) who is/are not Band Members of
Hornepayne First Nation may be eligible to be enrolled as a Band Member of
Hornepayne First Nation if, with the consent of the Band Council, they:

a) submit an application for membership with Hornepayne First Nation;
b) are a direct descendant of a Band Member of Hornepayne First Nation; and
c) are registered on the Indian Registry maintained by ISC.

7.03 A person listed in s. 7.01 and s. 7.02 above is not automatically entitled to be a
Band Member of Hornepayne First Nation or to have their name entered on the
Hornepayne First Nation Membership List. Such person must make an application
in accordance with the application section of this Code to be considered for
membership, and each application will be considered on its own merits.

8.0 MEMBERSHIP CRITERIA

8.01 In addition to the criteria set out in s. 7.0 above, the following criteria will also be
considered in an application for membership:

a) Family ties and genealogy of the applicant to Hornepayne First Nation.
b) The applicant’s previous conduct and circumstances as they relate to

compatibility with Hornepayne First Nation and its Band Members.
c) The maturity and character of the applicant and whether or not the applicant

will be an asset or a detriment to Hornepayne First Nation and how the
applicant will contribute or the potential for contribution to the benefit,
well-being, and long-term sustainability of Hornepayne First Nation.
d) Whether the applicant has a criminal or young offender record.
e) Any protests by Members of Hornepayne First Nation to the applicant.
f) Any other considerations and factors deemed to be relevant.

8.02 If requested by the Band Council, applicants may be required to submit a DNA test
at their own cost to prove that they meet the criteria as set out in this Code, and that
they are a direct descendant of Band Members and ancestors of Hornepayne First

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Nation and are thereby eligible to become a Band Member of Hornepayne First
Nation.

8.03 The absence or presence of any one of the factors listed in this section is not
necessarily determinative of an application for membership.

9.0 CHILDREN UNDER EIGHTEEN (18) YEARS OF AGE

9.01 Subject to a Child meeting the requirements in s. 7.0 and s. 8.0 above, a Child has
the right to become a Band Member of Hornepayne First Nation if one of the
Child’s parents is a registered Band Member.

9.02 A Child is automatically entitled to be enrolled as a Band Member and have their
name entered on the Membership List upon submitting satisfactory proof to the
Band Council of their entitlement. Applications must be made in accordance with
the application section of this Code and all requirements to provide their eligibility
and entitlement to membership.

9.03 The Membership Clerk will submit a monthly report of each Child’s application to
the Band Council for approval.

9.04 If a Child’s application cannot be accepted by the Band Council, the application
will be referred to the Membership Review Panel chosen by the Band Council in
accordance with this Code for further review and processing.

10.0 TRANSFERS FROM OTHER FIRST NATIONS

10.01 A person who is a registered member of another First Nation and who is requesting
transfer of their membership from another Band to Hornepayne First Nation must
apply for membership in accordance with s. 7, s. 8, and s. 9 of this Code.

10.02 All transfer applications are subject to a non-refundable one hundred ($100.00)
dollar application fee, which is to be provided to Hornepayne First Nation together
with the initial application to transfer from another First Nation.

10.03 The Membership Review Panel and Band Council will approve or reject each
transfer application submitted, and where deemed appropriate, may at their
discretion seek approval of the Hornepayne First Nation Members by a majority
vote.

10.04 If an applicant is approved for membership in Hornepayne First Nation, the
approval shall be conditional upon the transferring First Nation providing a Band
Council Resolution agreeing to release that person from their current membership.
Such Resolution shall be provided before the applicant’s name is entered in the
Hornepayne First Nation Membership List.

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10.05 Upon approval of the applicant as a Member of Hornepayne First Nation and receipt
of a signed Band Council Resolution from the transferring First Nation, the
applicant’s name will be added to the Hornepayne First Nation Membership List.

10.06 A person shall only be entitled to transfer once into Hornepayne First Nation.

11.0 RESTRICTIONS ON TRANSFERRED MEMBERS

11.01 For the first five (5) years from the date of acceptance, Band Members who have
transferred to Hornepayne First Nation are not eligible to:

a) run for office of Band Council in any Hornepayne First Nation Election;
b) receive any per capita distribution payments issued by Hornepayne First

Nation from any source;
c) receive funding of any kind from any monies distributed or granted from

Hornepayne First Nation for any purpose including but not limited to funds
from any Trust Agreement, for educational purposes, or for community
development purposes; and
d) receive services in relation to housing matters, including making
applications to receive housing owned and managed by Hornepayne First
Nation.

12.0 WITHDRAWAL AND TERMINATION OF MEMBERSHIP

12.01 Any Band Member eighteen (18) years of age or older who wishes to withdraw as
a Band Member of Hornepayne First Nation must provide written notice to the
Band Council sworn before a Commissioner of Oaths or Notary Public of their
intention to withdraw.

12.02 Upon receipt of written notice to withdraw, the Band Council shall pass a
Resolution accepting the withdrawal of membership. As of the date that written
notice is received, that person will no longer be a Band Member of Hornepayne
First Nation, and their name shall be removed from the Membership List.

12.03 Any person who becomes a Band Member of another First Nation shall be deemed
to have withdrawn from Hornepayne First Nation and shall cease to be a Band
Member. The Band Member shall have their name removed from the Membership
List and such removal shall be effective the day that the person becomes a Band
Member of another First Nation.

12.04 A person ceases to be a Band Member of Hornepayne First Nation if that person
became a Band Member as a result of false or fraudulent information or the
misrepresentation of relevant information that was submitted in any application
made pursuant to this Code. The decision of whether or not false or fraudulent
information has been provided or whether or not misrepresentation of relevant
information has been provided will be made by the Band Council.

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12.05 Upon the decision of the Band Council to remove a Member from Hornepayne First
Nation, the Membership Clerk shall remove the name of that person from the
Membership List without notice.

12.06 A person who loses membership pursuant to this section shall not be eligible to
become a Band Member of Hornepayne First Nation at any time.

13.0 INELIGIBILITY, REVOCATION, AND BANISHMENT OF MEMBERSHIP

13.01 Non-Indians

A person who is not a Status Indian is not eligible to apply for membership.

13.02 Second Marriage

A person who became a Band Member through previous marriage to a Band
Member of Hornepayne First Nation and who subsequently marries another person
who is not a Band Member of Hornepayne First Nation loses their membership in
Hornepayne First Nation and is not eligible for membership even if their second
spouse is a registered Status Indian.

13.03 Child of Status Indian Spouse and Non-Band Member

A Child from the union of a registered Status Indian who became a Band Member
by marriage to a Band Member and a Non-Band Member is not eligible to apply
for membership.

13.04 Second Generation Non-Status

A Child of one person who is not a registered Status Indian and another person who
is a Band Member of one parent who is not a Status Indian but who acquired
membership, is not eligible to apply for membership to the Band.

13.05 Persons Living with Band Members

A Non-Band Member who is living with a Band Member is not eligible to apply
for membership in the Band.

13.06 Revocation and Banishment

a) The Band Council is responsible for the health, well-being, and protection
of the Band Members of Hornepayne First Nation and its assets. Any Band
Member who mistreats other Band Members or creates or continues to
create trouble at Hornepayne First Nation may, in the sole discretion of the
Band Council, have their membership in Hornepayne First Nation revoked,
and they will be banished upon forty-eight (48) hours’ notice.

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b) A person whose Band membership has been revoked may apply for an
appeal and review of the decision of the Band Council pursuant to the
Appeal process outlined in this Code, and will be treated as an applicant for
the purpose of the appeal process.

14.0 MEMBERSHIP REVIEW PANEL

14.01 The Band Council will appoint Band Members to a Membership Review Panel
composed as follows:

a) Four (4) registered Band Members over the age of twenty-one (21) years;
and

b) Two (2) Elder Band members over the age of sixty (60) years.

14.02 As a condition of their appointment, each Band Member of the Membership Review
Panel will swear to an Oath of Confidentiality and will abide by conflict of interest
guidelines and policies developed and in force by Hornepayne First Nation.

14.03 The Band Council shall not form any part of the Membership Review Panel.

14.04 Each Band Member of the Membership Review Panel shall serve for a staggered
three (3) year term as set out by the Band Council.

14.05 Quorum shall be any four (4) members of the Membership Review Panel and shall
have the authority to make decisions.

14.06 A chairperson shall be selected by the Band Council to chair meetings and report
on activities. If the chairperson is unable to perform the functions of their office,
either temporarily or on a long-term basis, the Membership Review Panel shall vote
to appoint one of the other Panel members to act as the chairperson for the relevant
period.

14.07 The Membership Review Panel will meet quarterly at Hornepayne First Nation to
review all applications for membership to Hornepayne First Nation, including all
appeals and protests.

14.08 Should the office of a member of the Membership Review Panel become vacant, a
special selection may be made by the Band Council to fulfill the vacancy in
accordance with the criteria set out in 14.01 above.

14.09 Members of the Membership Review Panel, without bias or partiality, review all
applications and provide recommendations to the Band Council regarding approval
or denial of applications, including rationale and reasoning for their
recommendations. Recommendations of the Membership Review Panel shall be
forwarded to the Band Council for a final decision.

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14.10 All decisions of the Membership Review Panel shall be in accordance with a
majority vote, and written Minutes of each meeting will be kept. Minutes of the
preceding meeting will also be approved or revised at the commencement of each
meeting.

15.0 MEMBERSHIP CLERK

15.01 The Membership Clerk shall be a Band Member employed by Hornepayne First
Nation. The terms of employment and remuneration are to be determined by the
Band Council.

15.02 The Membership Clerk shall be responsible for:

a) maintaining the Membership List;
b) reviewing and considering applications for membership upon receipt for

form and correctness;
c) adding or deleting names from the membership List in accordance with this

Code;
d) receiving all notices of appeal or protests and advising the Membership

Review Panel and Band Council upon receipt;
e) notifying the Band Council of any changes to the Membership List; and
f) other duties and tasks that may be assigned from time to time by the

Membership Review Panel and Band Council and as outlined in the job
description of Membership Clerk.

15.03 The Membership Clerk will report to the Band Council and, on occasion, will make
presentations to the Membership Review Panel and Band Council, as required.

15.04 The Membership Clerk will maintain an office at Hornepayne First Nation where
membership-related matters shall be kept safe and confidential.

16.0 APPLICATION FOR MEMBERSHIP

16.01 Applications for membership will be accepted throughout the calendar year.
However, approval of an application by the Membership Review Panel and Band
Council will be made on a quarterly basis on dates set out by the Band Council at
their discretion.

16.02 Applications for membership must be made in writing and signed by the applicant
(or in the case of a Child, signed by the person(s) who has lawful custody of the
Child). Applicants are responsible for providing all information and documentation
required to establish eligibility to membership pursuant to this Code, and all costs
in preparing and submitting such application shall be the responsibility of the
applicant.

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16.03 An application by an adult for membership shall include all documentation
necessary to support the application, including the following:

a) Birth Certificate;
b) Status under the Indian Registry;
c) Marriage or divorce certificate;
d) A genealogy chart in Schedule “3” that includes the names of the applicant’s

parents, including the maternal and paternal grandparents;
e) A criminal record check dated within thirty (30) days of the application;
f) The applicant’s agreement that they will not be entitled to be entered on the

Membership List and be a member of Hornepayne First Nation until they
complete the application process; and
g) A current address for service of all documents relating to the application.

16.04 An application on behalf of a Child shall include all documentation necessary to
support the application, including the following:

a) Birth Certificate;
b) Name of parents who are making the application;
c) Status under the Indian Registry;
d) Court Order for Guardianship (if applicable)
e) Marriage, divorce, or death certificate of a parent (if required by the

Membership Clerk);
f) A genealogy chart that includes the names of the applicant’s parents,

including the maternal and paternal grandparents;
g) A Young Offender record check dated within thirty (30) days of the

application;
h) The parent(s)’ agreement that the Child will not be entitled to be entered on

the Membership List and be a member of Hornepayne First Nation until
they have completed the application process; and
i) A current address for service of all documents relating to the application.

16.05 Except for applications made pursuant to s. 10.0 of this Code, the Membership
Clerk, shall review all applications for form and completeness before submitting to
the Membership Review Panel. Applications made pursuant to s. 10.0 shall follow
the procedures as set out in that section.

16.06 Upon receiving an application, the Membership Clerk may notify the applicant that
additional documentation is required to advance their case to the Membership
Review Panel. Upon receiving such notification, the applicant will be required to
either provide additional documentation, amend the application, withdraw the
application, or let it stand.

16.07 Once an application is completed, the Membership Clerk will notify the
Membership Review Panel in writing as to whether the applicant is eligible or
ineligible for membership in the Band. A copy of the completed application

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together with all accompanying materials will be provided to the Membership
Review Panel, and upon receipt:

a) the Membership Review Panel shall determine the disposition of the
application and shall advise the Band Council and the Membership Clerk in
writing of their recommendation and the reasons, therefore, upon being
satisfied that:

i) the person is duly eligible for membership;
ii) the applicant is of good character; and
iii) granting of membership will not be harmful, detrimental, or contrary

to the interests of the Band.

16.08 Upon receiving recommendations from the Membership Review Panel, the Band
Council will make a decision to either approve or deny the application for Band
membership to Hornepayne First Nation. The Band Council may take into
consideration the recommendations of the Membership Review Panel, may dismiss
or adopt those recommendations, upon considerations which include whether:

a) the Band has sufficient housing, land, and other resources to accommodate
new members;

b) the Band-owned entities that support various community investments and
membership initiatives are not compromised as a result of accommodating
new members; and

c) any other considerations or information the Band Council deems material
or relevant to its decision.

17.0 APPROVAL/DENIAL OF APPLICATION

17.01 By way of motion, a quorum of the Band Council shall either approve or deny an
applicant’s application.

17.02 If an application is approved, the Membership Clerk shall immediately notify the
applicant in writing, enter the applicant’s name on the Membership List, and post
the decision of the Band Council in a public place at Hornepayne First Nation.

17.03 If an application is denied, the Membership Clerk shall provide a letter of
explanation to the applicant, including reasons for the denial. The applicant may
be granted an opportunity to appeal the decision in accordance with the appeal
process specified in s. 18.0 of this Code.

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18.0 APPEAL PROCESS

18.01 An applicant whose application for membership is turned down or revoked may
apply within thirty (30) days of the decision of the Band Council for a review of
the decision at a Special Meeting of the Band membership. Special Meetings of
the Band membership occur quarterly, and the Membership Clerk will set the time,
date, and place for the next Special Meeting of the Band membership.

18.02 The entire process for review must be completed within one (1) year of the Band
Council receiving a written request for review.

18.03 At the Special Meeting of the Band membership, the Membership Review Panel,
shall present the rejected application or revocation decision, including all pertinent
documentation and materials. New documents or information not present at the
initial time of review by the Membership Review Panel or by the Band Council will
not be accepted as part of the presentation. The applicant may be present at the
Special Meeting of the Band membership, but they will not be allowed to make any
presentations to the Band membership unless previously approved by the
Membership Review Panel.

18.04 At least twenty-five percent (25%) of the Electors of Hornepayne First Nation must
be in attendance at the Special Meeting, of which fifty percent plus one (50% + 1)
of those Electors are required to vote to either approve or deny the appeal.

18.05 If the Hornepayne Band membership rejects the appeal, the decision is final and
binding, and the applicant will be notified in writing by the Band Council of this
decision. There will be no further recourse for the applicant to apply for
membership in Hornepayne First Nation until three (3) years following the date of
the decision.

18.06 If the Hornepayne Band membership approves the application or reverses the
revocation, the applicant will immediately be notified by the Band Council of this
decision, and the Membership Clerk will place or restore the applicant’s name on
the Band Membership List.

19.0 PROTESTS

19.01 Notwithstanding s. 17.0 above, upon posting notice of an applicant’s approval to
the Band membership, any Member of Hornepayne First Nation may protest the
acceptance by Band Council of any applicant by completing a protest form
provided by the Membership Clerk within thirty (30) days of the public posting.

19.02 Special Meetings of the Band membership will occur quarterly, and the
Membership Clerk will set the time, date, and place for the next Special Meeting of
the Band membership to hear the protest.

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19.03 The entire process to hear the protest must be completed within one (1) year of the
Band Council receiving a protest in writing.

19.04 At the Special Meeting of the Band membership, the Membership Review Panel,
shall present the written protest, including all pertinent documentation and
materials. The protestor may be present at the Band membership meeting but will
not make any presentations to the Band membership, unless previously approved
by the Membership Review Panel.

19.05 At least twenty-five percent (25%) of the Electors of Hornepayne First Nation must
be in attendance at the Special Meeting, of which fifty percent plus one (50% + 1)
of those Electors are required to vote to either approve or deny the protest.

19.06 If the Hornepayne Band membership rejects the protest, the decision is final and
binding, and the applicant will be notified in writing by the Band Council that their
name will remain on the Membership List.

19.07 If the Hornepayne Band membership approves the protest, the applicant will
immediately be notified by the Band Council of this decision, and the Membership
Clerk will remove the applicant’s name from the Band Membership List.

20.0 VOLUNTARY REMOVAL FROM BAND MEMBERSHIP LIST

20.01 A Band Member who has reached the age of eighteen (18) years may by written
notice to the Band Council request that their name be deleted from the Membership
List of Hornepayne First Nation in order that they may become a member of another
Band. The Band Council shall, by motion, approve the request only upon receipt
of written confirmation or motion from the other transferee Band Council stating
that the application for membership has been approved by that Band.

20.02 A person who has given up their membership in Hornepayne First Nation and is
transferred to another Band cannot be reinstated to the Membership List of
Hornepayne First Nation.

20.03 No person shall give up membership in Hornepayne First Nation on behalf of
another person. In particular, no person shall give up membership on behalf of
his/her spouse, Child, or other family member, and any request to remove another
person’s name from the Membership List shall be of no effect.

20.04 The parents of a Child under the age of eighteen (18) years of age who purport to
give up or relinquish the Child’s Band Membership in Hornepayne First Nation
shall not be deemed to have given up the Child’s Band Membership, and the Child
shall remain on the Membership List of Hornepayne First Nation.

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21.0 GENERAL INTERPRETATION

21.01 If there is any inconsistency between this Code and any other enactment of
Hornepayne First Nation as it relates to membership, this Code shall prevail to the
extent of such inconsistency.

21.02 If in this Code the masculine gender is used, the feminine may also be read in
substitution as required, and wherever the singular is used, such expression shall
also include the plural.

22.0 AMENDMENTS

22.01 The Hornepayne First Nation Membership Code shall be reviewed on an annual
basis to ensure that it is serving the collective interests of the Band and that it
remains effective to include potentially interested applicants to become Band
Members of Hornepayne First Nation.

22.02 Amendments to this Code shall be initiated and presented to the Electors of the
Band by the Band Council or upon the written request of a minimum of twenty-five
percent (25%) of the Electors of the Band indicating the amendment requested.

22.03 The Band Council shall provide the Electors of the Band with six (6) months’
written notice, including a full copy of any proposed amendments to the Band
Membership Code. Notice of the proposed amendments shall be publicly posted at
Hornepayne First Nation and hand-delivered or mailed to all Electors.

22.04 Within thirty (30) days of publication of the notice, Electors may provide comments
or concerns about the proposed amendments in writing to the Band Council. Upon
receiving comments concerning the proposed amendments, the Band Council shall
review the comments and make such changes to the proposed amendments as they
deem necessary in order to arrive at a final amendment proposal which shall be
provided to all Electors for voting.

22.05 Amendments to the Code shall be consented to by a majority of fifty percent plus
one (50% +1) of a majority (50% + 1) of the eligible Electors of the Band voting
by way of a referendum vote held six (6) months after the posting of the proposed
amendments.

22.06 Upon approval by the majority of the Electors, the Band Council, shall then amend
the Code accordingly.

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23.0 COMING INTO FORCE

23.01 This Hornepayne First Nation Membership Code shall come into force upon
proclamation by resolution of the Band Council following a ratification by a
majority (50% + 1) of a majority (50% + 1) of all eligible Electors of Hornepayne
First Nation voting.

This Hornepayne First Nation Band Membership Code was ratified by the members of Hornepayne

First Nation on the day of , 20 .

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SCHEDULE “1”

APPLICATION FOR MEMBERSHIP

1. Full Name of Applicant:

Maiden Name:

Status No.

Date of Birth:

Address:

Date of Application:

Member of another

First Nation? Yes No (check one)
Divorced
Name of other First Nation:

Marital Status: Married

Date of Marriage:

Date of Divorce:

Name of Spouse:

(check all boxes below that apply)

 Male
 Female
 Status Indian
 Non-Status Indian
 Applying to transfer from another First Nation to Hornepayne First Nation
 Is the applicant a former Band Member of Hornepayne First Nation who was

previously transferred to another First Nation?

2. Name of Father:
Date of Birth:
Place of Birth:
First Nation and Membership No.

3. Name of Mother:
Date of Birth:
Place of Birth:
First Nation and Membership No.

4. Name of Paternal Grandfather:
Date of Birth:
Place of Birth:
First Nation and Membership No.

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5. Name of Paternal Grandmother:
Date of Birth:
Place of Birth:
First Nation and Membership No.

6. Name of Maternal Grandfather:
Date of Birth:
Place of Birth:
First Nation and Membership No.

7. Name of Maternal Grandmother:
Date of Birth:
Place of Birth:
First Nation and Membership No.

8. Supporting Documentation:

In support of your application, please include as many of the following
documents that apply:

 Birth Certificate (long form)
 Adoption Certificate
 Court Order for Guardianship (if applicable)
 Baptismal Certificate
 Indian Status Card
 Indian Status Registration Form
 Marriage Certificate
 Divorce Certificate
 Death Certificate
 Family Genealogy Chart
 Criminal Record Check
 Sworn Statement from Members of Hornepayne First Nation (if applicable)
 $100.00 application fee (for transfer applicant)

Please note that if this application is made on behalf of another person or a Child by a legal
guardian, evidence must be provided that the person making the application has valid legal
authority to make the application.

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If applying for Band membership on behalf of a Child where one parent is a member of another
Band, the parent from the other Band must complete and attach to the application the form entitled
“Written Consent of Non-Hornepayne First Nation Member Parent” consenting to the Child being
added to the Hornepayne First Nation Membership List.

By submitting this application, I hereby apply to be enrolled as a Band Member of Hornepayne
First Nation; or

I am making this application on behalf of:

 myself
 a Child for whom I am a parent or legal guardian
 a person for whom I am a legal guardian

I understand that I am responsible for providing Hornepayne First Nation with the information
required by this application, including all supporting documentation as set out in the Hornepayne
First Nation Membership Code.

I consent to the use of the information provided in this application, including supporting
documentation for the purpose of determining whether or not I am eligible to be enrolled as a Band
Member of Hornepayne First Nation, including Hornepayne First Nation making any inquiries of
third parties for the purpose of such determination, or to determine whether or not the Child or
other person for whom I am applying is eligible to be enrolled as a Member of Hornepayne First
Nation.

I consent to the use of the information provided in this application together with supporting
documentation for the purpose of determining whether or not I am eligible to be enrolled as a Band
Member of Hornepayne First Nation on the condition that the information will remain confidential
to the individuals involved in determining eligibility to membership in Hornepayne First Nation.
However, if my application is required to go before the Band Members of Hornepayne First Nation
for approval, I also consent to the use of the information provided in this application and the
supporting documentation to be shared with all Band Members of Hornepayne First Nation.

I understand and agree that I or the person upon whom I am making this application for is not
eligible to be a Band Member of Hornepayne First Nation until the application has been processed
and approval is granted as required under the Hornepayne First Nation Membership Code.

I confirm that the statements and information set out in this application are true to the best
of my knowledge.

Print Name Signature Date (dd/mm/yy)

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SCHEDULE “2”

WRITTEN CONSENT OF NON-HORNEPAYNE
FIRST NATION MEMBER PARENT

I, ,
(full name) (status number)

of the First Nation give permission for my son/daughter

, born on
(status number)
(full name of son/daughter)

, to be added to the Hornepayne First Nation Membership List.

(dd/mm/yy)

Print Name of Parent

Signature Date

Witness Signature Date

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SCHEDULE “3”

APPLICANT’S GENEALOGY CHART
(3 Generations)

Applicant
Generation 2

Applicant’s Mother Applicant’s Father
Status Indian ⃝ Yes ⃝ No Status Indian ⃝ Yes ⃝ No

Generation 3

Applicant’s Maternal Grandmother Applicant’s Paternal Grandmother
Status Indian ⃝ Yes ⃝ No Status Indian ⃝ Yes ⃝ No

Applicant’s Maternal Grandfather Applicant’s Paternal Grandfather
Status Indian ⃝ Yes ⃝ No Status Indian ⃝ Yes ⃝ No

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SCHEDULE “4”

TRANSFER APPLICATION

I, on behalf of myself (or on behalf of a child or other person

whose name is ) hereby acknowledge that I have applied to

Hornepayne First Nation for membership.

I hereby understand and agree that the application for membership when transferring from another
First Nation to Hornepayne First Nation requires that a $100.00 non-refundable fee be paid, which
will entitle me to have my application reviewed as outlined in the Hornepayne First Nation
Membership Code.

I further acknowledge that $100.00 is required to be paid together with my transfer application to
Hornepayne First Nation and all supporting documentation required for the application to transfer.
I also acknowledge and agree that a Band Council Resolution will also be provided to Hornepayne
First Nation, releasing me from my current membership with another First Nation.

I acknowledge and agree that the fee for this transfer application is non-refundable, whether my
application is accepted or rejected.

I acknowledge that this agreement forms part of my application for membership to Hornepayne
First Nation.

Print Name Signature Date (dd/mm/yy)

For office use only:

Confirmation of receipt of a $100.00 non-refundable transfer application fee.
Confirmation of receipt of Band Council Resolution releasing application
from another First Nation.

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SCHEDULE “5”

APPLICATION BY A BAND MEMBER TO HAVE
NAME REMOVED FROM THE

HORNEPAYNE FIRST NATION MEMBERSHIP LIST

I, ,
(full name) (status number)

request that my name be removed from the Hornepayne First Nation Membership List.

Print Name

Signature Date

Witness Signature Date

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SCHEDULE “6”

NOTICE OF APPEAL Given Name(s)

1. Full Legal Name:
Last Name

2. Current Address:

3. What are you appealing?

4. On a separate piece of paper, please provide all relevant information on the Appeal

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5. What remedy do you propose?

6. I warrant and represent that all the facts and statements I have given in this Notice
of Appeal and the supporting documents attached hereto are given truthfully to the
best of my knowledge and ability, and I understand that Hornepayne First Nation
relies on the truth of these statements in considering my appeal.

This Appeal is dated the day of , 20 .

Signature of Appellant
Printed Name of Appellant

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We, the Electors of Hornepayne First Nation hereby affirm through public consultation, public
dialogue, and ratification vote that a majority of the Electors have given their consent to
Hornepayne First Nation to maintain control of its own Membership List and to support the Band
Council by approving this Membership Code.

This Hornepayne First Nation Band Membership Code was ratified by the Electors of Hornepayne

First Nation on the day of , 20 .

Ratification by the Electors of this Membership Code is further affirmed by Chief and Council on

the day of , 20 .

HORNEPAYNE FIRST NATION

Per:
Chief Ron B. Kocsis

Per:
Councillor Napoleon L. Goulet

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