RESOLUTION #5 SUBMITTED TO THE 2018 MÉTIS NATION GOVERNING ASSEMBLY FOR FIRST READING March 23/24/25, 2018 Motion Subject: Community Governance Charter Primary Offices Affected: MNBC Board of Directors and Chartered Communities Submitted by: MNBC Board of Directors - President Submitted to: MNGA Clerk Date Submitted: February 2, 2018 WHEREAS: A. Article 57 of the MNBC Constitution states that Métis communities recognized by the MNBC Constitution and Legislation are required to enter into Community Governance Charters that define an affiliated relationship for financial and political accountability, mutual recognition and dispute resolution hereinafter known as [the] Community Governance Charter ; B. Since 2003 there have been at least three different versions of the Community Governance Charter adopted by different Chartered Communities and as a result there have been some variation in language used; C. It is good governance for the Métis Nation in British Columbia to have the same Charter with consistent language for all MNBC Chartered Communities; D. It is important for the language of the Community Governance Charter to be clear and unambiguous; THEREFORE BE IT RESOLVED THAT: 1. The Community Governance Charter as attached be approved by the MNGA as the official Community Governance Charter for MNBC and for all Chartered Communities pursuant to the requirements of Article 57 of the MNBC Constitution.
COMMUNITY GOVERNANCE CHARTER (the "Agreement" THIS AGREEMENT is dated for reference, 20. BETWEEN: Métis Provincial Council of British Columbia also known as the Métis Nation British Columbia, a British Columbia society, having an office at 103 5668 192 Street, Surrey, B.C., V3S 2V7 (the MNBC AND: (Chartered Community Name, a British Columbia society with an address for service at. (the Chartered Community WHEREAS: 1. The Métis people ("Métis Citizens" or "Citizens" or Community Members are one of the aboriginal peoples of Canada whose aboriginal rights are recognized and affirmed by Section 35 of the Constitution Act, 1982.
2. Pursuant to Section 35 of the Canadian Constitution Act, 1982, Métis Citizens living in British Columbia possess aboriginal rights. 3. The MNBC is the governing body of the Métis Citizens living in British Columbia the affairs of which are governed by the MNBC constitution (the "Constitution". 4. Pursuant to the MNBC Constitution a legislative body has been instituted known as the Métis Nation Governing Assembly ("MNGA", which is comprised of the Community Presidents and/or Vice President(s and the MNBC Board of Directors. 5. The Chartered Community is the elected representative body of the Métis Citizens living within the geographic boundaries of the Chartered Community as determined by the Regional Governance Council (RGC in consultation with the MNBC and subject to the approval of the Métis Nation Governing Assembly (MNGA. 6. The Chartered Community hereby agrees to abide by and adhere to the MNBC Constitution, and MNBC legislation. 7. Except as provided herein, the Parties hereto acknowledge the independence and autonomy of the Chartered Community. IN CONSIDERATION OF THE MUTUAL PROMISES SET OUT IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS: MUTUAL RECOGNITION: 1.1 The Chartered Community is a recognized community of the MNBC with all the attendant responsibilities and accountabilities as follows: CHARTERED COMMUNITY RESPONSIBILITIES: 2.1 Through mutual consultation, the Chartered Community agrees with and supports the political and substantive positions of the MNBC on province-wide and national-level issues, including but not limited to such matters as Métis Citizenship, Governance and Self-Government. 2.2 Subject to available resources, the Chartered Community agrees to participate in the MNGA and will comply with the provisions of all Legislation ratified by the Citizens at an MNBC AGM including but not limited to the Métis Nation Governing Assembly Act, the Senate Act, and the Citizenship Act. 2.3 The Chartered Community agrees to participate regularly with the RGC as set out in the MNBC Constitution. The RGC is chaired by the MNBC Regional Director.
2.4 The Chartered Community hereby agrees to ensure that the Constitution of the Chartered Community is or shall be made consistent with the provisions of the MNBC Constitution. Where there is a conflict between the MNBC Legislation or the interpretation of Constitutional or Legislative provisions the provisions of the MNBC Constitution are paramount and the provisions thereof shall prevail over the Chartered Community Constitution, Bylaws and any Legislation. 2.5 The Chartered Community agrees to submit any and all notices, reports, or concerns including but not limited to notices of meetings, minutes of meetings and financial reports to MNBC, through that Chartered Community's Regional MNBC Director. 2.6 The Chartered Community shall develop a Privacy policy consistent with the Privacy policy of the MNBC and in compliance with the requirements of the Freedom of Information and Privacy Act, and the Personal Information Protection Act. 2.7 The Chartered Community shall register and maintain its status as a not-for profit society in good standing and shall operate pursuant to the Societies Act of British Columbia, its Community bylaws and the MNBC Legislation including the MNBC Constitution. ACCOUNTABILITY: 3.1 The Chartered Community acknowledges its fiduciary relationship and duties to Métis Citizens and/or Citizens represented by the Chartered Community and agree to be financially accountable to its Citizens and the MNBC, and that the Citizens and the MNBC shall be entitled to receive annual financial statements at its request. 3.2 The Chartered Community agrees to provide written progress reports at all Regional Governance Council meetings and to the MNGA. 3.3 The Chartered Community shall hold Annual General Meetings at least once per year based on the time and notice requirements of the Community Constitution and By-Laws and MNBC Constitution. Such meetings shall also be held in compliance with the Society Act of British Columbia. 3.4 The Chartered Community agrees to hold democratic elections for its officers and directors within two (2 years of its last election. 3.5 The Chartered Community agrees that all of its board members shall be MNBC Citizens within a maximum two (2 year period. MNBC RESPONSIBILITIES: 4.1 The MNBC will respect the autonomy of the Chartered Community and will ensure that the needs of the Chartered Community are considered when making decisions affecting the Chartered Community.
4.2 The Chartered Community President and any designated delegate who is a Board member and MNBC Citizen will be invited as recognized delegates funded by MNBC when funds are available to Annual General Meetings and Special General Meetings of the MNBC. 4.3 The Chartered Community President or in her/his absence the Vice President who is a MNBC Citizen will be able to attend the MNGA as a delegate funded by MNBC when funds are available. 4.4 The MNBC will politically support initiatives of the Chartered Community where those initiatives are consistent with the objectives and strategies of the MNBC. REVIEW: 5.1 The MNBC and the Chartered Community will review the progress of the application of this Agreement at each meeting held between the MNBC Regional Director and the Chartered Community, unless the Parties agree otherwise. In any event, the Regional Director and the Chartered Community will meet at least once per year. SURVIVAL: 6.1 This Agreement shall survive and remain in effect during and after Provincial, Regional and Community Elections, unless the Parties agree otherwise, and unless a Party exercises its right to terminate this Agreement as set out in Section 8 below. DISPUTE RESOLUTION: 7.1 Any dispute concerning this Agreement, including a dispute with respect to the interpretation, application, implementation or operation of this Agreement or its terms and provisions shall be, where possible, resolved by consensus. 7.2 Where a matter in dispute cannot be resolved by the Parties as set out in Article 7.1 herein, either Party may, in writing and with notice to the other Party, refer the matter in dispute to the MNBC Senate for determination. AMENDMENT AND TERMINATION: 8.1 This Agreement may be amended by written agreement signed by the Parties hereto. Any amendment to this Agreement shall be provided, in writing, to the MNGA for its information. 8.2 This Agreement may be terminated by either Party approving such a resolution to do so and providing 120 days written notice of the resolution to the other Party. 8.3 Notwithstanding section 8.2 this Agreement will be terminated immediately upon: a the MNBC or Chartered Community becoming insolvent;
b the MNBC (through the MPCBC or the Chartered Community losing or relinquishing its status as a legal entity in good standing; c a breach of a material term of this Agreement which shall include those matters upon which a Party relies towards the fulfilment of its obligations to Métis Citizens and third parties and shall include but not be limited to the following: i the failure to provide progress reports to the MNBC as required or requested; ii the failure to comply with the provisions of Legislation then in force in British Columbia; or iii the breach of that Party's fiduciary obligations to the other and to the Métis Citizens of British Columbia.
GENERAL 9.1 This Agreement constitutes an Affiliation Agreement as referred to in the MNBC Constitution and creates binding obligations and responsibilities on both Parties. 9.2 The Parties acknowledge and agree that all previous agreements creating an affiliation between the MNBC and the Chartered Community are superseded by this Agreement and are hereby terminated effective on the date of this Agreement. 9.3 Time is of the essence in this Agreement. The parties have executed this Agreement in, British Columbia on, 20. SIGNED, by on behalf of the MNBC in the Presence of: Signature of Witness Name of Witness Address of Witness Occupation of Witness President of MNBC SIGNED, by on behalf of the in the Presence of: Signature of Witness Name of Witness Address of Witness Occupation of Witness President of the Chartered Community