GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Naskapi and the Cree-Naskapi Commission Act — C-45.7 41
Bodies, officers, employees and agents 41 (1) The band, by resolution or by-law, (a) shall appoint a band secretary and a band treasurer and fix their remuneration; (b) may prescribe duties for the band secretary and band treasurer in addition to the duties described in sections 42 and 43; and (c) may appoint or engage or provide for the appointment or engagement of such bodies and such officers, in addition to the band secretary and band treasurer referred to in paragraph (a), employees or agents as are necessary for the proper conduct of the affairs of the band, and shall prescribe the duties and fix the remuneration of any body or person so appointed or engaged. Multiple office-holders (2) A person may hold concurrently more than one office referred to in subsection (1). Employment agreements (3) The band may enter into employment agreements with its officers and employees. 1984, c. 18, s. 41; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 42
Duties of band secretary 42 (1) The band secretary is responsible for (a) the safekeeping of all the books, records and documents of the band; and (b) the preparation of the minutes of all council meetings and band meetings. Secretary may certify band documents (2) The band secretary has the power to issue certified copies of any by-law or resolution of the band, and of minutes of council meetings, special band meetings and ordinary band meetings of the band. Exercise of secretary’s powers (3) The powers referred to in subsection (2) may also be exercised by the chief and by any other person designated by by-law of the band.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 43
Duties of band treasurer 43 The band treasurer is the chief financial officer of the band, and is responsible for the receipt and deposit of band moneys and for all aspects of the financial administration of the band. 1984, c. 18, s. 43; 2018, c. 4, s. 29(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 44
Return of band property 44 (1) Where a person who is a council member, officer or employee of the band ceases, for any reason, to hold office as such, he shall forthwith return to the band any money, keys, books, documents, records or other property of the band that is in his possession by virtue of that office. Failure to comply (2) Any person who fails to comply with subsection (1) is guilty of an offence. 1984, c. 18, s. 44; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 45
 described in paragraph (1)(i) respecting a user charge for a service may differentiate on an equitable basis between different categories of users and different categories of land that benefit from the service, but (a) may not delegate to anyone the power to prescribe user charges or user charge rates but must itself prescribe the user charges or the user charge rates; and (b) may not prescribe user charges or user charge rates that exceed the total actual or anticipated cost of providing the service. Payment in forms other than money (6) The band may accept payment of a tax referred to in paragraph (1)(h) or a user charge referred to in paragraph (1)(i) in a form other than money. 1984, c. 18, s. 45; 2018, c. 4, ss. 30, 122(E), 123
Naskapi and the Cree-Naskapi Commission Act — C-45.7 46
By-laws re land and resource use and planning 46 (1) The band may make by-laws respecting land and resource use and planning, including, without limiting the generality of the foregoing, by-laws respecting (a) the inventory, use and management of its Category IA-N land and the natural resources thereof; (b) the adoption of land use plans and resource use plans in relation to its Category IA-N land; and (c) use permits relating to its Category IA-N land and buildings located thereon, and the conditions relating to the issuance, suspension or revocation of such permits. Where plan approved by electors (2) Where a land use plan or resource use plan adopted pursuant to subsection (1) has been approved by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter, any by-law or resolution of the band, whether made or adopted previously or subsequently, that is inconsistent with such land use plan or resource use plan is inoperative to the extent of the inconsistency. 1984, c. 18, s. 46; 2018, c. 4, s. 31
Naskapi and the Cree-Naskapi Commission Act — C-45.7 47
Zoning by-laws 47 (1) The band may make by-laws respecting zoning, including, without limiting the generality of the foregoing, by-laws respecting (a) the division of all or part of its Category IA-N land into zones for the purpose of regulating the use of the land, natural resources thereof, and buildings; and (b) the implementation of a land use plan or resource use plan referred to in subsection 46(1) that was approved by the electors of the band under subsection 46(2). Approval of band electors required (2) A zoning by-law other than one described in paragraph (1)(b) is subject to the approval of the electors of the band at a special band meeting or referendum at which at least fifteen per cent of the electors vote on the matter. 1984, c. 18, s. 47; 2018, c. 4, ss. 122(E), 123
Naskapi and the Cree-Naskapi Commission Act — C-45.7 48
By-laws on hunting, fishing, trapping, wildlife protection 48 (1) Subject to this section, the band may make by-laws respecting hunting, fishing and trapping and the protection of wildlife, including, without limiting the generality of the foregoing, by-laws respecting (a) the exercise of the right to harvest referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec); (b) matters described in sections 85 and 86 of that Act; (c) residence requirements relating to sport hunting and sport fishing by persons other than Naskapi beneficiaries, as contemplated by section 37 of that Act; and (d) the right of persons of Naskapi ancestry to harvest for personal use, as contemplated by section 38.1 of that Act. Proposed by-laws to be submitted to Coordinating Committee (2) Subject to subsection (3), a copy of each by-law described in subsection (1) that a band proposes to make shall, a reasonable period of time before its enactment, be submitted by the band to the Coordinating Committee referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec), in order to enable that Committee to make representations to the band with respect thereto, but the band is not bound by any such representations. Exceptions (3) Subsection (2) does not apply in respect of a proposed by-law that (a) has previously been submitted to the Coordinating Committee pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or (b) makes no substantive change to an existing by-law. Approval of band electors required (4) A by-law described in subsection (1) is subject to the approval of the electors of the band at a special band meeting or referendum at which at least ten per cent of the electors vote on the matter. Minister may disallow certain by-laws (5) A by-law described in paragraph (1)(b) shall come into force on the day on which a copy thereof, certified by the band secretary, is received by the Minister, but the Minister may disallow the by-law at any time within ninety days after receiving it. 1984, c. 18, s. 48; 2018, c. 4, ss. 32, 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 48.1
By-laws — ticketing scheme 48.1 (1) The band may make by-laws respecting the establishment of a ticketing scheme governing proceedings, commenced by means of a ticket, in respect of the contravention of any by-law of the band indicated in those by-laws. Agreement with Government of Quebec (2) By-laws may be made under subsection (1) only if an agreement is entered into between the band and the Government of Quebec. 2018, c. 4, s. 33
Naskapi and the Cree-Naskapi Commission Act — C-45.7 49
Approval by band electors may be stipulated 49 Where a by-law or resolution is not required by this Act to be approved by the electors of the band, the by-law or resolution may nevertheless provide that it does not come into force unless approved by the electors of the band at a special band meeting or referendum at which the minimum percentage of electors specified in the by-law or resolution vote on the matter.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 50
Original to be signed 50 (1) The original copy of any by-law of the band must be signed by the band secretary or such other person as is designated by by-law. Minutes of council meetings (2) The minutes of a meeting of the band council are not valid unless adopted by the council by resolution and signed by (a) the chairman of the meeting at which they are adopted; and (b) the band secretary or such other person as is designated by by-law. Where approval of band electors required (3) Where a by-law or resolution is required to be approved by the electors of the band at a special band meeting or referendum, the band secretary (a) in the case of a by-law, shall attach to the original copy of the by-law a statement signed by him indicating the date when such approval was given; or (b) in the case of a resolution, shall cause a statement signed by him indicating the date when such approval was given to be recorded in the minutes of the first council meeting following such approval. Non-compliance (4) Non-compliance with this section does not invalidate a by-law or resolution. 1984, c. 18, s. 50; 2018, c. 4, ss. 34, 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 51
Coming into force of resolutions 51 (1) Subject to subsection (2), a resolution comes into force on the day on which it is adopted by  the band or on such later day as is specified in the resolution. Idem (2) Where a resolution is required to be approved by the electors of the band at a special band meeting or referendum, that resolution comes into force on the day on which such approval is given or on such later day as is specified in the resolution. 1984, c. 18, s. 51; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 52
Posting of by-laws 52 (1) Within one week after a by-law has been enacted by the band, or has been enacted by the band and approved by the electors of the band at a special band meeting or referendum (where such approval is required), the band secretary shall post a copy of the by-law on the band’s Category IA-N land at a public place designated by the band. Coming into force of by-laws (2) A by-law enacted by the band shall come into force on the day on which it is posted, whether or not it is posted within the time set out in subsection (1), or on such day, subsequent to the day on which it is posted, as may be specified in the by-law. 1984, c. 18, s. 52; 2018, c. 4, ss. 35, 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 53
Register of by-laws 53 (1) The band secretary shall maintain a register of by-laws in which shall be kept the original copy of all by-laws of the band, including by-laws that have been repealed or are no longer in force. Recording of resolutions (2) The band secretary shall record the full text of every resolution adopted by the band in the minutes of the council meeting at which the resolution was adopted. By-laws to be sent to Minister (3) Within thirty days after the coming into force of a by-law, the band shall forward a copy thereof to the Minister. Non-compliance (4) Non-compliance with this section does not affect the validity of a by-law or resolution.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 54
Obtaining copies of by-laws and resolutions 54 Any person is entitled to obtain a copy of a by-law or resolution of the band on payment of such reasonable fee as is fixed by the band. 1984, c. 18, s. 54; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 55
Applications for quashing of by-law or resolution 55 (1) Subject to section 56, a member of the band or any other interested person may make application to the Provincial Court or Superior Court of Quebec to have a by-law or resolution of the band quashed, in whole or in part, for illegality or for irregularity in the manner or form of its enactment or adoption. Exclusion of Federal Court’s jurisdiction (2) Notwithstanding the Federal Courts Act , the Federal Court does not have the jurisdiction to hear applications described in subsection (1). 1984, c. 18, s. 55; 2002, c. 8, s. 133(E); 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 56
Time limit for applying 56 (1) An application made under section 55 based on an irregularity in the manner or form of the enactment of a by-law or the adoption of a resolution may not be brought after ninety days after the coming into force of the by-law or resolution. Idem (2) An application made under section 55 based on the illegality of the by-law or resolution may not be brought after six months after the coming into force of the by-law or resolution.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 57
Subsequent actions 57 Where a by-law or resolution is quashed, any action for anything done under that by-law or resolution lies only against the band and not against any other person.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 61
Existing council of Indian Act Naskapi band 61 Subject to section 62, the council of the Indian Act Naskapis de Schefferville band that is in office pursuant to the Indian Act immediately before the coming into force of this Part becomes the council of the band on the coming into force of this Part, and continues in office as such until the expiration of its term of office under the Indian Act or until a day two years after the coming into force of this Part, whichever occurs first. 1984, c. 18, s. 61; 2018, c. 4, s. 36
Naskapi and the Cree-Naskapi Commission Act — C-45.7 62
Provisions of this Act to apply 62 For the transitional period described in section 61, the council has the powers and duties of a band council elected under this Act, and the provisions of this Act and the regulations apply, with such modifications as the circumstances require, to the council as if it had been elected under this Act. 1984, c. 18, s. 62; 2018, c. 4, s. 36
Naskapi and the Cree-Naskapi Commission Act — C-45.7 63
Each elector entitled to vote 63 (1) Subject to subsection (2), each elector of the band is entitled to vote in any election of council members held by the band, whether the election is conducted pursuant to an election by-law made under section 64 or pursuant to regulations made under paragraph 67(1)(a). Exception (2) An elector who is appointed a Returning Officer or a Deputy or Assistant Returning Officer under section 71 in respect of an election is not entitled to vote in that election. 1984, c. 18, s. 63; 2018, c. 4, s. 37
Naskapi and the Cree-Naskapi Commission Act — C-45.7 64
Election by-law 64 Subject to section 65 and subsection 66(1), the band may make by-laws respecting the election and term of office of its council members. 1984, c. 18, s. 64; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 65
Required minimum content of by-law 65 A by-law made under section 64 shall include provision for (a) the calling of elections and notices of elections; (b) the number of positions of council member; (c) the length of the term of office of council members; (d) the method of electing council members; (e) the basis on which one of the council members shall hold the office of chief; (f) the basis on which one of the councillors shall hold the office of deputy chief; (g) nomination procedures; (h) election method and procedure; and (i) the recording and certification of election results.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 66
Coming into force and application of election by-law 66 (1) A by-law made under section 64, or any amendment thereto or repeal thereof, (a) does not come into force until it has been approved by (i) the electors of the band at a special band meeting or referendum at which at least twenty per cent of the electors voted on the matter, and (ii) the Minister; and (b) applies only in respect of elections called after its coming into force. Minister’s approval of election by-law (2) The Minister shall approve a by-law made under section 64 if it (a) is within the power of the band under section 64; and (b) includes provision for the matters listed in section 65. Where Minister disallows by-law (3) Where the Minister disallows an election by-law, he shall forthwith inform the band in writing of the reasons why, in his opinion, the by-law does not meet the requirements mentioned in paragraphs (2)(a) and (b). Where Minister deemed to have approved by-law (4) The Minister shall be deemed to have approved an election by-law if he does not, within thirty days of receiving a copy thereof, either approve or disallow it.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 67
Regulations respecting elections 67 (1) The Governor in Council may make regulations (a) respecting the election of council members and their term of office, including the matters listed in section 65; and (b) prohibiting acts that are detrimental to the conduct of free and fair elections. Application of regulations (2) The regulations made under paragraph (1)(b) apply to all elections, but those made under paragraph (1)(a) apply only where, at the time of the calling of the election, there was not in force an election by-law made under section 64.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 68
Eligibility to be elected council member 68 Any elector of the band is eligible to be elected to the office of council member of the band unless he or she (a) has been convicted of contravening a regulation made under paragraph 67(1)(b) within the two year period preceding the date fixed for the holding of the election for that office or, where the most recent election for that office took place before that two year period, in respect of the most recent election for that office; (b) has been appointed as a Returning Officer or as a Deputy or Assistant Returning Officer in respect of the election for that office; (c) is the band secretary or band treasurer referred to in section 41; (d) is a judge to which the Judges Act applies or is a Crown prosecutor; (e) is, on the day fixed for the holding of the election for that office, undergoing a term of imprisonment as a result of having been convicted of an indictable offence; or (f) resides on the Matimekosh Reserve. 1984, c. 18, s. 68; 2018, c. 4, s. 38
Naskapi and the Cree-Naskapi Commission Act — C-45.7 69
Circumstances in which office becomes vacant 69 Apart from general elections referred to in section 74, an office of council member becomes vacant immediately on the occurrence of one of the following events, and only the following events: (a) the election of the office-holder to that office is declared invalid pursuant to subsection 78(7); (b) the office-holder (i) dies or submits his resignation in writing to the council, (ii) is convicted of contravening a regulation made under paragraph 67(1)(b), (iii) is appointed band secretary or band treasurer pursuant to section 41, (iv) is appointed a judge to which the Judges Act applies or a Crown prosecutor, (v) commences a term of imprisonment as a result of having been convicted of an indictable offence, or (vi) is under curatorship under the laws of the Province; (c) the office-holder’s term of office expires, whether pursuant to this Act, a by-law made under section 64 or regulations made under paragraph 67(1)(a); (d) the office-holder resides on the Matimekosh Reserve; or (e) the office is declared vacant pursuant to section 70. 1984, c. 18, s. 69; 2018, c. 4, s. 39
Naskapi and the Cree-Naskapi Commission Act — C-45.7 70
Removal of council member for absence 70 (1) Where a council member has, without permission from the council, been absent from three or more consecutive council meetings otherwise than by reason of illness or incapacity, any fifteen electors of the band may file a petition with the band secretary requesting that a special band meeting be convened for the purpose of deciding whether the office of that council member should be declared vacant. Electors to decide question (2) Forthwith after the filing of a petition under subsection (1), the band shall call a special band meeting, to be held as soon as possible, for the purpose of deciding whether the office of the council member in question should be declared vacant, and if, with at least twenty per cent of the electors of the band voting on the question, the special band meeting decides that that office should be declared vacant, that office thereupon becomes vacant.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 71
Returning Officers 71 (1) The band shall appoint a person who is not a council member as Returning Officer, and shall fix his or her tenure and term of office. Deputy and Assistant Returning Officers (2) The Returning Officer shall appoint a Deputy Returning Officer and may appoint any Assistant Returning Officers who are necessary to assist him or her in the performance of his or her duties. Absence, etc., of Returning Officer (3) Where the Returning Officer is absent or incapacitated or the office of Returning Officer is vacant, the Deputy Returning Officer has and may exercise all the powers and duties of the Returning Officer. Absence, etc., of both Returning Officer and Deputy Returning Officer (4) In the event of the absence or incapacity of both the Returning Officer and the Deputy Returning Officer or if both such offices are vacant, the band secretary has and may exercise all the powers and duties of the Returning Officer. 1984, c. 18, s. 71; 2018, c. 4, s. 40(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 72
Eligibility to be appointed 72 A person is not eligible to be appointed a Returning Officer or a Deputy or Assistant Returning Officer if he (a) is not of the age of majority under the laws of the Province; (b) is undergoing a term of imprisonment as a result of having been convicted of an indictable offence; or (c) has, at any time, been convicted of contravening a regulation made under paragraph 67(1)(b).
Naskapi and the Cree-Naskapi Commission Act — C-45.7 73
Circumstances in which office becomes vacant 73 A Returning Officer or Deputy or Assistant Returning Officer ceases to hold office forthwith if he (a) is convicted of contravening a regulation made under paragraph 67(1)(b); (b) commences a term of imprisonment as a result of having been convicted of an indictable offence; or (c) is under curatorship under the laws of the Province. 1984, c. 18, s. 73; 2018, c. 4, s. 41
Naskapi and the Cree-Naskapi Commission Act — C-45.7 74
Meaning of general election 74 (1) Where a general election of the band is held, the term of office of every council member expires on the day of that general election. Band may call general election (2) The band may hold a general election at any time. 1984, c. 18, s. 74; 2018, c. 4, s. 122(E)