Article 10 - Subsequent Adherence and Ratification of Band Specific Agreements

Adherence to Framework Agreement Deadline

As stated earlier, the four (4) Entitlement Bands that did not execute the Framework Agreement on September 22, 1992, have until March 1, 1993 to adhere to the Framework Agreement. To do so, the Entitlement Band must have its Chief execute and deliver an adherence agreement in the form set forth in Appendix 2. The Entitlement Band must also authorize such execution by the Chief pursuant to a Band Council Resolution which complies with the requirements set forth in section 10.02 of the Framework Agreement. By completing these steps a Band will be eligible to finalize a Band Specific Agreement with Canada and they will become a party to the Framework Agreement.

Conditions For Receiving Payments

No payments to an Entitlement Band will take place until the Band has finalized with Canada the terms of its Band Specific Agreement and Trust Agreement. These agreements must have been approved by the Band members in a ratification vote and then executed and delivered to Canada.

Article 10 sets out the basic requirements to be fulfilled. The form of the Band Specific Agreement is as set out in Appendix 1 to the Framework Agreement. The procedures to be followed in completing the ratification vote are as set out in Schedule 3 of the Framework Agreement. The mandatory trust principles are set out in section 3.14 and a model trust agreement is attached as Schedule 5 to the Framework Agreement.

Canada has agreed that, subject to compliance with the above, it will execute and deliver Band Specific Agreements and Trust Agreements within thirty (30) days of their receipt from the Entitlement Bands. Entitlement Bands will have three (3) years from the execution date of the Framework Agreement (September 22, 1992) to ratify, execute and deliver their Band Specific Agreements and Trust Agreements to Canada. Before these agreements can be executed by Canada, Canada must be assured that the Band has received independent legal and financial advice and has taken reasonable steps to ensure that its membership has been fully informed.

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