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20. (1) The Act shall be read as not
including paragraph 58(1)(a).
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(2) Subsections 58(3) and (4) of the Act
shall be read as follows:
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Lease at
request of
occupant
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``(3) The Minister may, without a designa
tion, on the application of a member of a band
who has been allotted possession of land in a
reserve under subsection 20(1) or to whom
possession of such land has subsequently been
transferred, lease the land for the benefit of the
member to
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Leases for
non-metallic
minerals
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(4) Notwithstanding anything in this Act,
the Minister may, without an absolute surren
der or a designation but with the consent of the
council of the band, grant leases for activities
related to the exploration for, and the develop
ment, mining, processing and disposition of,
non-metallic minerals on or underlying lands
in a reserve.''
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21. Section 60 of the Act shall be read as
follows:
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Control over
lands
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``60. (1) The Minister may, at the request of
the council of a band assented to, by secret
ballot, by a majority of the electors of the band
who are present at a meeting of the band called
for the purpose, by order, subject to such
conditions as are set out in the order, authorize
the council to exercise any of the powers of the
Minister under this Act to manage or carry out
any transaction affecting lands in the reserve.
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Withdrawal
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(2) The Minister may at any time withdraw
an authorization conferred under subsection
(1).''
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22. The Act shall be read as not including
sections 70 and 71.
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23. Subsection 73(2) of the Act shall be read
as follows:
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Regulations
constituting
offences
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``(2) In regulations made under subsection
(1), the contravention of the regulations may
be made an offence punishable on summary
conviction.''
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24. Section 74 of the Act shall be read as
follows:
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Composition
of council
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``74. (1) The council of a band to be selected
by elections held in accordance with this Act
shall consist of one chief and, unless otherwise
indicated in a request under subsection
74.1(1), one councillor for every one hundred
members of the band, but in no case shall the
number of councillors be less than two or more
than twelve.
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Election of
chief
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(2) The chief of a band to be selected by
elections held in accordance with this Act
shall be elected
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Election of
councillors
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(3) A councillor of a band to be selected by
elections held in accordance with this Act
shall be elected by a majority of the votes of
the electors of the band or, where a reserve is
divided into electoral sections, by a majority
of the votes of the electors of the band residing
in the electoral section for which the council
lor was nominated.
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Electoral
sections
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(4) Electoral sections of a band shall, as
nearly as possible, comprise an equal number
of electors and shall not exceed six in
number.''
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25. The Act shall be read as including the
following after section 74:
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Ministerial
Order
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``74.1 (1) The Minister shall, at the request
of a band, by order, declare that, after a day
specified in the order, the council of the band
shall be selected by elections to be held in
accordance with this Act.
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Request
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(2) A request under subsection (1) shall be
accompanied by evidence of a level of support
of the members of the band satisfactory to the
Minister and shall indicate
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Variance
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74.2 (1) A band whose chief and council are
selected by elections to be held in accordance
with this Act may
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Notification
of Minister
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(2) A band shall notify the Minister of a
change made under subsection (1), and pro
vide the Minister with evidence of a level of
support of the members of the band satisfacto
ry to the Minister, at least five days before the
change takes effect.''
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26. Subsection 75(1) of the Act shall be read
as follows:
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Eligibility
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``75. (1) No person other than an elector of
the band may be nominated for the office of
chief or councillor and, where the reserve is
divided into electoral sections, no person
other than an elector who resides in an
electoral section may be nominated for the
office of councillor to represent that section on
the council of the band.''
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27. In section 77 of the French version of the
Act, the word ``section'' shall be read as the
word ``circonscription''.
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28. (1) Subsection 78(1) of the Act shall be
read as follows:
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Tenure of
office
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``78. (1) Subject to subsection (2), the chief
and councillors of a band hold office for three
years.''
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(2) The Act shall be read as not including
subsection 78(3).
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29. The portion of section 79 of the Act
before paragraph (a) shall be read as follows:
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Minister may
set aside
election
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``79. The Minister may set aside the elec
tion of a chief or councillor of a band if the
Minister is satisfied that''
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30. The Act shall be read as including the
following after section 80:
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Ministerial
Order
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``80.1 The Minister shall, at the request of
a band and on receipt of evidence of a level of
support of its members satisfactory to the
Minister and an electoral code satisfactory to
the Minister, by order, declare that, after a day
specified in the order, the council of the band
shall cease to be selected by elections to be
held in accordance with this Act.
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Relief from
liability
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80.2 Her Majesty is relieved of any liability
in respect of the application, or ceasing of
application, of the provisions of this Act
respecting election of the chief or council of a
band or any variance made, or purported to be
made, pursuant to section 74.2.''
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31. (1) Subsection 81(1) of the Act shall be
read as including the following after para
graph (h):
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(2) Subsection 81(1) of the Act shall be read
as including the following after paragraph (o):
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(3) Subsection 81(1) of the Act shall be read
as including the following after paragraph
(p.4):
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(4) Paragraphs 81(1)(q) and (r) of the Act
shall be read as follows:
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(5) Section 81 of the Act shall be read as
including the following after subsection (1):
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Certificate
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``(1.1) A band appointing a by-law enforce
ment officer under subparagraph (1)(q)(i)
shall provide the officer with a certificate of
appointment, which the officer shall present
on demand.''
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(6) Subsection 81(2) of the Act shall be read
as follows:
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Court orders
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``(2) Where a by-law of a band is contra
vened and a conviction is entered, in addition
to any other remedy or penalty imposed by the
by-law, the court in which the conviction has
been entered and thereafter any other court of
competent jurisdiction may make an order
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32. Section 83 of the Act shall be read as
including the following after subsection (1):
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Contraven- tions and penalties
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``(1.1) A by-law made under subsection (1)
may constitute the contravention of the by-
law as an offence punishable on summary
conviction and provide for the imposition, for
the commission of such an offence, on sum
mary conviction, of a fine not exceeding
$5,000, imprisonment for a term not exceed
ing 30 days, or both.''
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33. (1) Subsection 85.1(1) of the Act shall
be read as including the following after
paragraph (d):
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(2) Section 85.1 of the Act shall be read as
including the following after subsection (1):
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Certificate
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``(1.1) A band appointing a by-law enforce
ment officer under subparagraph (1)(e)(i)
shall provide the officer with a certificate of
appointment, which the officer shall present
on demand.''
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(3) Subsection 85.1(2) shall be read as
follows:
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Consent of
electors
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``(2) A by-law may not be made under this
section unless it is first assented to by a
majority of the electors of the band who voted
at a meeting of the band called by the council
of the band for that purpose.''
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(4) The maximum fine referred to in
paragraph 85.1(4)(a) of the Act shall be read
as $5,000 and the maximum fine referred to in
paragraph 85.1(4) (b) of the Act shall be read
as $500.
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