The Citizenship Committee wants to hear from citizens
They would like feedback about the Citizenship and Treaty Enrolment Act, section d).

How you can fill out the Citizenship and Treaty Enrolment Act Feedback form:

  1. fill out the online form
  2. Go to any of the Government Offices and fill it out

Who do you give your Citizenship and Treaty Enrolment Act feedback form to?

  1. You can email your form to Coraleah Bauer – Lawclerk – email
  2. You can fax your form to Coraleah at 250-723-4646

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Here you can find the FAQ related to this topic.

1. How do I enrol as a Huu-ay-aht citizen?
2. What is an ancestral chart and how do I get one?
3. Where can I send specific questions about citizenship and status?
4. Can a (non-) first nations spouse or partner apply for citizenship?
5. What is the procedure to transfer in or out Huu-ay-aht?
6. What should I do if I need a legal name change?
7. What should I do if a Huu-ay-aht relative dies?
8. How can I update my details in your database?
9. Is there specific legislation about citizenship issues?

1. How do I enrol as a Huu-ay-aht citizen?

You can download the new enrolment form at the link: Enrolment Application 2015 HFN

The new form was approved by the Executive Council on December 14, 2011.  It was updated in July, 2013.  Please note that the ancestral chart is now MANDATORY and must be included with your application.

If you would like to read more on the subject, please check the Citizenship and Treaty Enrolment Act

2. What is an ancestral chart and how do I get one?

An ancestral chart is a brief version of your family tree that helps trace your Huu-ay-aht ancestry or kinship. You can talk to the elders of your family, other relatives or the head of your house for more information. Please email the Law Clerk at lawclerk@huuayaht.org if you need support to complete this chart.

3. Where can I send specific questions about citizenship and status?

Please contact the Port Alberni Government Office if you have any questions. (250.723.0100, enrol@huuayaht.org) or use this form:

4. Can a (non-) first nations spouse or partner apply for citizenship?

The Citizenship and Treaty Enrolment Act establishes on page 10, section 25 the following:

Custom membership by marriage

25 If section 24 does not apply, an individual is eligible for enrolment under the Treaty under section 21 (d) if

(a) the individual is of First Nations ancestry, and for at least 5 years before the date of his or her application for enrolment, was married to, or living and cohabiting in a marriage-like relationship with, a Huu-ay-aht treaty participant, or

(b) the individual is not of First Nations ancestry, and for at least 10 years before the date of his or her application for enrolment, was married to, or living and cohabiting in a marriage-like relationship with, a Huu-ay-aht treaty participant.

5. What is the procedure to transfer in or out of Huu-ay-aht?

It depends on whether or not the nation you are transferring in/out is a self-governing one. In the case of children (under 16), both parents must give their consent.  Each case must be analyzed individually. So, please fill this form out.

6. What should I do if I need a legal name change?

They should provide ID with name change and bring it into the office for me to file the appropriate paperwork.

7. What should I do if a Huu-ay-aht relative dies?

A death certificate must be provided to the Law Clerk (lawclerk@huuayaht.org) via email, fax (250.723.4646), in person (original) or mail:

Port Alberni Government Office, 4644 Adelaide St, Port Alberni, BC, V9Y 6N4

8. How can I update my details in your database?

You can update your details during our Community Engagement Sessions, drop in/call our offices or simply by filling this form out:

http://huuayaht.org/change-of-address-form/

9. Is there specific legislation about citizenship issues?

See below for some of the relevant legislation; all Huu-ay-aht Laws may be found in their entirety on the site under Laws and Regulations.

From the Citizenship and Treaty Enrolment Act:

Huu-ay-aht citizen
3(1) Citizenship may only be granted or revoked under this Act.
(2) Only those individuals whose names are entered in the Citizenship Register are Huu-ay-aht citizens.
(3) A Huu-ay-aht citizen may not be a citizen of another First Nation.

Eligibility criteria
4 The following individuals are eligible for citizenship:
(a) a Huu-ay-aht treaty participant;
(b) an individual whose name is registered on the official March 31, 2011 Huu-ay-aht Band list.

Qualifying for citizenship
5 (1) Subject to this Act, an individual who is eligible for citizenship under section 4 is entitled to become a Huu-ay-aht citizen if he or she
(a) is at least 16 years of age,
(b) makes a solemn declaration of citizenship as set out in the Schedule, and
(c) applies for and is accepted into a Huu-ay-aht Maht Mahs.
(2) An individual who is eligible under section 4 but has not completed the requirements of subsection (1), is a Huu-ay-aht citizen until the individual is 21 years of age.
(3) An individual who is at least 21 years of age and who is eligible under section 4 but has not completed the requirements of subsection (1) (b) and (c), is a Huu-ay-aht citizen until March 31, 2012.

Committee review
7 (1) At least once a month, the committee must review the qualifications of individuals who may become Huu-ay-aht citizens.
(2) If the committee determines that an individual qualifies under section 5, the
committee must
(a) notify the individual,
(b) deliver a copy of its written decision to the Registrar, and
(c) direct the Registrar to record in the Citizenship Register
(i) the individual’s citizenship name, and
(ii) if the individual’s citizenship expires under section 5 (2) or (3), the expiry date.
(3) The committee may provide information on eligibility criteria and the qualifications required for citizenship to individuals who may become Huu-ay-aht citizens.
(4) An individual must provide proof in the form specified by the Citizenship Committee that he or she has fulfilled the requirements for citizenship under section 5 (1).
(5) Within 60 days of the date an individual provides proof under subsection (4), the committee must consider the material and notify the individual in writing of its decision on the applicant’s citizenship.
(6) The committee may establish policies and procedures to determine whether an individual meets the eligibility criteria and qualifications for citizenship under sections 4 and 5.
(7) Subject to an appeal under section 17, the decision of the committee is final and binding.