GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Naskapi and the Cree-Naskapi Commission Act — C-45.7 75
Electors may request general election 75 (1) Any ten electors of the band may, subject to subsection (2), file a petition with the band secretary requesting that a special band meeting be convened for the purpose of deciding whether a general election of the band should be held. Limitation (2) A petition may not be filed under subsection (1) within one year after the previous general election or within one year after the filing of the most recent valid petition under that subsection. Electors may require band to call general election (3) Within ten days after the filing of a valid petition under this section, the band shall call a special band meeting, to be held as soon as possible, for the purpose of deciding whether a general election of the band shall be held, and if, at that special band meeting, (a) at least fifty per cent of the electors of the band vote on that question, (b) the majority of those voting vote in favour of holding a general election, and (c) the majority referred to in paragraph (b) consists of at least one-third of the total number of electors of the band, the band shall forthwith hold a general election. 1984, c. 18, s. 75; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 76
Individual election 76 (1) The band shall hold an election for a position of council member forthwith after the expiration of the term of office of that council member. Idem (2) Where a position of council member becomes vacant more than six months before the expiration of the term of office of that council member, the band shall forthwith hold an election for that position. Idem (3) Where a position of council member becomes vacant less than six months before the expiration of the term of office of that council member, the band may hold an election for that position. Where no quorum due to vacancies (4) Where a position of council member becomes vacant less than six months before the expiration of the term of office of that council member, and that vacancy results in there being in office less than the number of council members required to constitute a quorum under subsection 33(1), the band shall, unless it holds an election for that position or a general election, hold an ordinary band meeting within ten days for the purpose of appointing a sufficient number of council members to restore the quorum. Method of appointment (5) The appointment of council members referred to in subsection (4) shall be made by a vote of the electors of the band. Eligibility rules apply (6) Section 68 applies, with such modifications as the circumstances require, to appointments pursuant to subsection (5). Term of appointed council member (7) A council member appointed pursuant to subsection (5) remains in office for the balance of the term in respect of which the vacancy occurred. 1984, c. 18, s. 76; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 77
Where band fails to hold election 77 (1) Where the band fails to hold an election pursuant to subsection 75(3) or subsection 76(1) or (2) within ten days after its obligation to do so has arisen, the Returning Officer of the band shall hold the election in question. Idem (2) Where the band fails to hold an election or a special band meeting pursuant to subsection 76(4) within ten days after its obligation to do so has arisen, the Returning Officer of the band shall hold the election or special band meeting. 1984, c. 18, s. 77; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 79
Who may attend band meetings 79 Only electors of the band have a right to attend ordinary band meetings and special band meetings, but other persons may attend with the permission of the band.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 80
Use of Naskapi language 80 In addition to any other rights relating to the use of the Naskapi language, the band may conduct ordinary band meetings, special band meetings and referenda in the Naskapi language. 1984, c. 18, s. 80; 2018, c. 4, s. 43
Naskapi and the Cree-Naskapi Commission Act — C-45.7 81
Each elector may vote 81 Each elector of the band is entitled to vote in respect of any matter submitted to a vote at an ordinary band meeting, special band meeting or referendum. 1984, c. 18, s. 81; 2018, c. 4, s. 44(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 82
Ordinary band meetings 82 (1) The band shall hold at least one ordinary band meeting each calendar year. By-laws respecting ordinary band meetings (2) The band may make by-laws respecting ordinary band meetings, including, without limiting the generality of the foregoing, by-laws respecting the calling of meetings, the conduct of meetings, quorums, voting, and the preparation and keeping of records of votes taken. 1984, c. 18, s. 82; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 83
Requirements for approval of measures 83 (1) Except as provided in subsections 75(3) and 144(1), a matter shall be deemed to have been approved by the electors of the band at a special band meeting or referendum if (a) the required minimum percentage of electors voted on the matter; and (b) the majority of those voting voted in favour of the matter. Abstentions (2) In any vote at a special band meeting or referendum, an elector who does not cast an affirmative vote or a negative vote or who spoils his ballot shall be deemed not to have voted. 1984, c. 18, s. 83; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 84
Notice of special band meeting or referendum 84 Where the band wishes to hold a special band meeting or a referendum, it shall cause to be posted in a public place in the community, at least ten days prior to the date fixed for such meeting or referendum, a notice specifying the date, time and place of the special band meeting or referendum and containing a brief description of the matters to be decided at that special band meeting or referendum. 1984, c. 18, s. 84; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 85
Presiding officer 85 (1) A presiding officer shall be appointed by the band for any special band meeting or referendum. Duties of presiding officer (2) A presiding officer appointed pursuant to subsection (1) is responsible for the fair and orderly conduct of the special band meeting or referendum, and for the preparation of a statement, attested to by at least one witness, certifying the results of the special band meeting or referendum. Preservation of fair and orderly conduct (3) The presiding officer may take such measures as are necessary to ensure the fair and orderly conduct of a special band meeting or referendum, and may cause any person engaging in disorderly conduct to be ejected from a special band meeting. Assistants (4) The presiding officer may engage such other persons as are necessary to assist him in carrying out his duties under subsections (2) and (3).
Naskapi and the Cree-Naskapi Commission Act — C-45.7 86
Band by-laws re special band meetings and referenda 86 (1) The band may make by-laws respecting special band meetings and referenda, including, without limiting the generality of the foregoing, by-laws respecting the calling of meetings and referenda, the conduct of meetings and referenda, voting at meetings and in referenda, and the preparation and keeping of records of votes taken. By-laws raising percentage voting requirements (2) Where a provision of this Act, other than subsection (3), stipulates that a matter requires the approval of the electors of the band at a special band meeting or referendum at which a specified minimum percentage of the electors must vote on the matter, the band may make by-laws, subject to subsection (3), fixing a different minimum percentage, not lower than that specified in the relevant provision of this Act. Percentage vote required for by-law under subsection (2) (3) A by-law made under subsection (2) requires the approval of the electors of the band at a special band meeting or referendum at which the same minimum percentage of electors voted on the matter as the minimum specified in the relevant provision of this Act referred to in that subsection. Copy of by-law to Minister (4) The band shall forward to the Minister a copy of any by-law made under this section, within thirty days after its enactment. 1984, c. 18, s. 86; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 87
Regulations respecting special band meetings and referenda 87 (1) The Governor in Council may make regulations respecting special band meetings and referenda, including, without limiting the generality of the foregoing, regulations respecting any of the specific matters referred to in subsection 86(1). Where regulations apply (2) The regulations made under subsection (1) apply in respect of a special band meeting or referendum only if, at the time of the calling of that special band meeting or referendum, there is not in force any applicable by-law made under subsection 86(1).
Naskapi and the Cree-Naskapi Commission Act — C-45.7 88
Where regulation or by-law not complied with 88 Non-compliance with a by-law made under section 86 or a regulation made under section 87 does not affect the validity of the result of a vote unless such non-compliance materially affected that result.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 89
Fiscal year of band 89 (1) The fiscal year of the band begins on April 1 of each year and ends on March 31 of the following year, unless otherwise provided by by-law made pursuant to subsection (2). By-law changing fiscal year (2) The band may, by by-law, (a) adopt a fiscal year different from that provided for in subsection (1); or (b) where the band has adopted a different fiscal year pursuant to paragraph (a), revert to the fiscal year provided for in subsection (1). Transition between old and new fiscal years (3) Where a by-law is made under subsection (2), the fiscal year provided for in the by-law cannot commence until after the end of the fiscal year in which the by-law came into force. Idem (4) Where a by-law is made under subsection (2), the period between the end of the fiscal year in which the by-law came into force and the commencement of the fiscal year provided for in the by-law shall be deemed to be a separate fiscal year for the purposes of this Part. 1984, c. 18, s. 89; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 90
Budget 90 (1) The band shall, by resolution, prior to the beginning of each fiscal year, adopt a budget for that fiscal year, and may, if it deems necessary in the course of the fiscal year, adopt supplementary budgets for that fiscal year. Explanation and distribution (2) Forthwith after adopting a budget or supplementary budget, the band shall (a) explain the budget or supplementary budget to the members of the band at an ordinary band meeting; (b) make a copy thereof available at the head office of the band, for inspection by members of the band at reasonable hours; and (c) send a copy of it to the Minister. Where delay in adopting budget (3) Where the band fails to adopt a budget for a fiscal year prior to the beginning of that fiscal year, the budget and any supplementary budgets of the previous fiscal year apply until a new budget is adopted. By-laws (4) The band may make by-laws respecting the preparation and implementation of budgets. Authorization to spend moneys (5) The band may not expend moneys or commit itself, by contract or otherwise, to expend moneys, unless (a) such expenditure is authorized by or under a by-law or resolution; and (b) a certificate is issued by the band treasurer stating that moneys are available for such expenditure. Position of other party (6) Non-compliance by the band with subsection (5) does not affect the validity or enforceability, with respect to the other party, of the band’s commitment to expend moneys, if the other party took reasonable steps to satisfy itself that the band had complied with subsection (5). Where inconsistency with budget (7) Where a by-law or resolution referred to in subsection (5) is inconsistent with the band’s budget or a supplementary budget, the by-law or resolution shall so state, but a non-compliance with this subsection does not affect the validity of the by-law or resolution. 1984, c. 18, s. 90; 2009, c. 12, s. 10; 2018, c. 4, ss. 46, 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 91
Books of account and financial records 91 (1) The band shall keep books of account and financial records that (a) contain, as a minimum, (i) an account of all moneys received and disbursed, (ii) an account of revenues and expenditures, (iii) a record of accounts payable and receivable, (iv) an account of assets and liabilities, and (v) an account of all other transactions that may affect the financial position of the band; (b) conform with generally accepted accounting principles; and (c) permit a comparison between (i) revenues and expenditures as shown in the books of account and financial records, and (ii) the projected revenues and expenditures as shown in the budget and any supplementary budget. Access to books and records (2) The Minister or a council member or elector of the band, or any person authorized in writing by the Minister or by a council member or elector, may, at any reasonable time, inspect the books of account and financial records of the band, and a person is guilty of an offence who (a) obstructs that person; or (b) having control or possession of those books or records, fails to give all reasonable assistance to that person. (2.1) [Repealed, 2018, c. 4, s. 47] 1984, c. 18, s. 91; 2009, c. 12, s. 11; 2018, c. 4, ss. 47, 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 92
Band to prepare annual financial statement 92 Within two months after the end of each fiscal year, the band shall prepare a financial statement in comparative form, containing, as a minimum, (a) a balance sheet; (b) a statement of revenues and expenditures and a comparison of these with the amounts stated in the band’s budget and any supplementary budget; and (c) any other information necessary for a fair presentation of the financial position of the band. 1984, c. 18, s. 92; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 93
Appointment of auditor 93 (1) For each fiscal year, the electors of the band shall, at a special band meeting or referendum at which at least five per cent of the electors voted on the matter, (a) appoint a duly accredited auditor and fix or provide for his remuneration; or (b) authorize the council to appoint a duly accredited auditor and to fix or provide for his remuneration. Where band fails to make appointment (2) Where no auditor has been appointed under subsection (1) within three months after the beginning of a fiscal year, the Minister may appoint an auditor for that fiscal year and fix his remuneration. Term of office (3) The auditor appointed pursuant to subsection (1) or (2) holds office until he is re-appointed, or a new auditor is appointed, under subsection (1) or (2). Where vacancy occurs (4) Where a vacancy occurs during the term of the auditor, the band shall forthwith appoint a new auditor for the remainder of the term of the former auditor and shall fix the new auditor’s remuneration. If band fails to act (5) If the band fails to act under subsection (4), the Minister may appoint a new auditor and fix that auditor’s remuneration. Notice to the band (5.1) The Minister shall inform the band in writing of the appointment. Band to pay remuneration (6) In all cases the auditor’s remuneration shall be paid by the band. 1984, c. 18, s. 93; 2009, c. 12, s. 12; 2018, c. 4, ss. 48, 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 94
Duty of auditor 94 (1) The auditor shall, within four months after the end of the band’s fiscal year, prepare and submit to the band (with a copy to the Minister) a report on the band’s financial statement, stating whether, in the opinion of the auditor, the financial statement presents fairly the financial position of the band in accordance with generally accepted accounting principles applied on a basis consistent with that applied in the previous fiscal year. Where report delayed (2) If the auditor has not been able to prepare the report within the period mentioned in subsection (1), the auditor shall notify the band and the Minister of the reasons for the delay. Explanation of auditor’s report (3) The band shall present and explain the auditor’s report to the members of the band at an ordinary band meeting. Copy of auditor’s report to be made available for inspection (4) The band shall make a copy of the auditor’s report available at the head office of the band, for inspection by members of the band at reasonable hours. 1984, c. 18, s. 94; 2009, c. 12, s. 13; 2018, c. 4, ss. 49, 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 95
Auditor’s access to records, etc. 95 For the purpose of preparing his report under subsection 94(1), the auditor may at all reasonable times inspect the financial records, accounts, books, minutes vouchers and receipts of the band, its subsidiaries and any person or body who administers money on behalf of the band (in so far as the records or other documents relate to the money being administered on behalf of the band), and any person who (a) obstructs the auditor in the performance of his duties, or (b) having control or possession of any such documents, fails to give the auditor all reasonable assistance in the performance of his duties is guilty of an offence.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 96
Borrowing limitations 96 (1) The band may not borrow money on either a short-term or long-term basis otherwise than in accordance with section 97 and the regulations made under section 98. Short-term and long-term borrowing (2) For the purposes of this section and sections 97 and 98, (a) money shall be deemed to be borrowed on a short-term basis only if (i) it is borrowed for the purpose of meeting the normal operating expenditures of the band, (ii) it is to be repaid within one year from the day on which it is borrowed, and (iii) the band has, prior to borrowing the money, identified the source of revenue from which the money is to be repaid; and (b) all borrowing that is not on a short-term basis shall be deemed to be on a long-term basis. Repayment of loan (3) Where a source of revenue has been identified pursuant to subparagraph (2)(a)(iii), moneys received by the band from that source shall be applied to the repayment of the loan in question. 1984, c. 18, s. 96; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 97
Borrowing by-laws 97 (1) Each borrowing by the band, whether on a short-term basis or on a long-term basis, must be authorized by a by-law of the band, which by-law must specify (a) the amount to be borrowed and the purpose of borrowing; and (b) the manner and terms of repayment and the repayment date or dates. Long-term borrowing (2) A by-law made under subsection (1) authorizing long-term borrowing, other than for housing purposes, must be approved by the electors of the band at a special band meeting or referendum at which at least 20% of the electors voted on the matter. Idem (3) The band may not borrow on a long-term basis until regulations made under section 98 are in force. 1984, c. 18, s. 97; 2018, c. 4, ss. 50, 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 98
Regulations re long-term borrowing 98 The Governor in Council may make regulations respecting long-term borrowing by the band. 1984, c. 18, s. 98; 2018, c. 4, s. 51
Naskapi and the Cree-Naskapi Commission Act — C-45.7 99
By-laws re contracts and tenders 99 The band may make by-laws respecting procedures for the awarding of contracts and the calling of tenders in relation thereto, and such by-laws may take into account the preferential contract and employment benefits for Naskapi beneficiaries contained in the Northeastern Quebec Agreement or established pursuant to that agreement. 1984, c. 18, s. 99; 2018, c. 4, s. 52
Naskapi and the Cree-Naskapi Commission Act — C-45.7 100
When administrator may be appointed 100 (1) If, as a result of an inspection by the Minister or a person authorized by the Minister under subsection 91(2), the auditor’s report under subsection 94(1), or any non-compliance with the provisions of this Part, the Minister is of the opinion that the financial affairs of the band are in serious disorder, the Minister may give written notice to the band, of his or her intention to appoint an administrator to administer the financial affairs of the band, setting out his or her reasons for so doing. Band’s opportunity to remedy situation (2) Where the band receives a notice under subsection (1), it shall forthwith take corrective measures to remedy the situation referred to in the notice. Appointment of administrator (3) At any time between 60 days and one year after giving notice to the band under subsection (1), the Minister may, if the Minister is of the opinion that the situation referred to in the notice has not been adequately remedied, appoint, by order, an administrator to administer the financial affairs of the band, and the order shall set out the duties of the administrator. The Minister shall send a copy of the order without delay to the band. Effect of appointment (4) Where an administrator has been appointed pursuant to subsection (3), no person shall expend moneys of the band without the consent of the administrator, and any person who violates this subsection is guilty of an offence. Administrator’s term (5) The administrator appointed pursuant to subsection (3) holds office for a term of four months from the date of his appointment. Extension of term (6) At the expiration of the administrator’s term of appointment referred to in subsection (5), the Minister may, where he is of the opinion that the financial affairs of the band continue to be in serious disorder, reappoint the administrator, or appoint a new administrator, for a further period not exceeding four months. Idem (7) The Minister’s power under subsection (6) applies also at the expiration of the term of appointment of an administrator appointed or re-appointed under that subsection. 1984, c. 18, s. 100; 2009, c. 12, s. 14; 2018, c. 4, ss. 53, 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 101
General prohibition against residing, etc. 101 No person may reside on, enter or remain on Category IA-N land otherwise than in accordance with a residence or access right under this Part. 1984, c. 18, s. 101; 2018, c. 4, s. 123
Naskapi and the Cree-Naskapi Commission Act — C-45.7 102
Rights subject to by-laws 102 (1) The exercise of residence or access rights conferred by sections 103 to 106 is subject to any by-law made under subsection (2). By-laws respecting the exercise of residence and access rights (2) The band may make by-laws for the purpose of regulating, on its Category IA-N land, the exercise of residence or access rights conferred by sections 103 to 106, but, except in the case of an authorization to reside under paragraph 103(2)(a) or an authorization of access under paragraph 105(5)(e), such a by-law may not, notwithstanding section 8, unreasonably restrict or, except as provided by subsection 103(3), effectively deny any such residence or access right. 1984, c. 18, s. 102; 2018, c. 4, s. 55