I N F O R M A T I O N D O C U M E N T
REVOCATION OF SURRENDER FOR LEASING
ON THE PENELAKUT (KUPER) ISLAND RESERVE NO. 7
1. THE PROPOSAL
Chief and Council of the Penelakut Tribe have proposed that a 1973 Surrender for leasing part of Penelakut (Kuper) Island Reserve No.7 should be terminated (revoked). The participation of the Penelakut Electors in a referendum on this matter is very important. The vote will not count unless a majority of Penelakut Electors participate in the referendum.
This Information Document is provided to explain:
• why the Surrender for leasing should be terminated (revoked); and
• the process required to terminate the surrender, called a revocation of surrender.
Attached for your information is a copy of a map illustrating the lands that are currently surrendered for leasing under the Surrender.
You may review copies of the Surrender for leasing, as amended, at the Penlelakut (Kuper) Island Band Office, on our website at www.penelakut.ca, or by requesting copies from the electoral officer.
2. INFORMATION MEETING
An information meeting for Penelakut members will be held at Penelakut (Kuper) Island School on November 8, 2010, at 10:00 a.m. and again at 2:30 p.m. to assist Penelakut Electors in making an informed decision on the revocation (termination) of the Surrender of Lands as discussed in this Information Document. Legal counsel for Penelakut will be present to answer questions from Penelakut members. INAC will also send a representative to the information meeting. You are invited to attend and ask any questions that you have about the proposed revocation of the Surrender at the meeting.
3. DATE OF REVOCATION VOTE
The revocation of Surrender vote, the “Referendum” will be held at Penlelakut (Kuper) Band Office and Chemainus Festival Inn on NOVEMBER 26, 2010 from 9:00 a.m. to 8:00 p.m.
This is an important vote for Penelakut, but the vote will not be effective unless a majority of all Penelakut Electors vote. Because your participation in the Referendum is so important, Council is offering all Electors who vote, in person or by mail-in ballot, a chance to win some great prizes. When you vote, your name will be entered into a draw for:
o a 42” flat screen television
o 5 - $100.00 cash prizes
o several other prizes donated by our suppliers
4. BACKGROUND
In 1973, a majority of Penelakut Electors voted to surrender 762 acres of Penelakut (Kuper) Island Indian Reserve No. 7 for leasing to a Band company for 99 years. The surrendered Lands are legally described as Lots 2 and 3 and Road, Plan 58571 CLSR (the “Lands”). Further requirements which would apply only if there was a default under a lease to a Band company, were added to the Surrender by a vote of the majority of Penelakut Electors on July 10, 1974. On September 24, 1974 Canada accepted the Surrender. (Indian Lands Registry document X25168) At that time there were plans for a joint venture to develop a resort on the Lands. The joint venture development did not go ahead.
An amendment to allow a lease to anyone, not only a Band company, was made by vote of the majority of Penelakut Electors on March 6, 1980. Penelakut Electors also voted to delete the provisions of the 1974 amendment to the Surrender (the default provisions). These amendments to the Surrender were accepted by Canada May 28, 1981 and December 3, 1981. (Indian Lands Registry documents 81273 and 81274)
We refer to the 1973 surrender, as amended in 1974 and 1980, and accepted by Canada, as the “Surrender” throughout this Information Document.
The Lands have never been leased, the proposed development did not proceed and no third party interests were ever registered on the Lands.
Chief and Council of the Penelakut Tribe have resolved that the Surrender should be revoked because the Surrender restricts the use of the Lands for leasing only.
5. PURPOSE OF REFERENDUM
The purpose of the Referendum is to allow all Electors of the Penelakut Tribe to vote on whether to terminate the Surrender for leasing made in 1973 and amended in 1974 and 1980.
The Surrender restricts the use of the Lands to leasing by the Minister in accordance with the terms and conditions of the Surrender. No other use of these Lands is authorized. A vote in favour of terminating the Surrender will allow Canada to undo or revoke the Surrender so that the Surrender no longer applies to the Lands. If the Surrender is revoked, Council of Penelakut Tribe will have the same authority in relation to these Lands as our other reserve lands (that have not been surrendered). A vote against the termination of the Surrender will mean that the land use is restricted to leasing until the Surrender ends in 2073.
6. THE PROCESS
The Surrender revocation process and Referendum are governed by the Indian Act and the Indian Referendum Regulations. Before the end of the term of the Surrender (2073), the Surrender may only be revoked by:
• a Referendum for Penelakut Electors to vote on whether to revoke the Surrender; and
• if a majority of Penelakut Electors vote in favour of revoking the Surrender, Canada (through the Governor in Council) can accept the revocation of the Surrender.
Before the Referendum, Penelakut’s Electors must be provided with information about the proposed revocation of the Surrender thorough this Information Document (which is sent to off-reserve Electors), the notice of referendum and by holding an information meeting. The information meeting will allow Electors to ask questions about the proposed Surrender revocation so that Electors can make informed decisions about voting for or against the revocation of the Surrender.
Those members eligible to vote are called “Electors”. Electors are Band members who are at least 18 years of age on November 26, 2010, and who have not been disqualified from voting at Band elections.
Before the information meeting, a list of Electors will be posted at the Penelakut (Kuper) Island Band Office. Upon request, the electoral officer (whose contact information is set out at the end of this document), or the deputy electoral officer, will confirm whether the name of a person is on the list of electors. Any application for a change to the list of Electors may be made to the electoral officer.
The list of Electors may be changed where it is demonstrated the:
a. the name of the Elector has been omitted from the list;
b. the name of an Elector is incorrectly set out in the list; or
c. the name of a person not qualified to vote is included in the list.
6.1 The Referendum Vote
Penelakut Electors will be asked whether or not they are in favour of, and agree to, the revocation of the Surrender. In order for the Surrender to be revoked, a majority of the Electors of the Band must vote (at least 50% plus 1) and a majority of those voting must vote YES (at least 50% plus 1).
7. FURTHER INFORMATION
If you have any questions about the proposed Surrender revocation or the referendum, you can contact any member of the Penelakut Chief and Council as follows:
Chief and Council
Penelakut Tribe
P.O. Box 360
Chemainus, B.C. V0R 1K0
Phone: (250) 246-2331 / Fax: (250) 246-2725
If you have any questions about the Voters List or Referendum process, please contact the electoral officer as follows:
Gabriele Behrens,
Land Management and leasing Officer
Lands and Economic Development
600-1138 Melville Street
Vancouver, B.C.
V6E 4S3
Phone: (604) 775-6065 / Fax: (604) 775-7149 / Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
