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(d) the lending of band funds to members of
the band and other persons, the making of
loan guarantees by the band to persons other
than members, and the repayment and
collection of funds loaned;
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(e) the remuneration of members of the
council and employees of the band;
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(f) the incurring of debt by the band and debt
management;
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(g) the management of and limitations on
the band's deficit; and
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(h) the establishment of a procedure for
amending the code.
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| Maintenance
of accounts
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8. The accounts of a band shall be
maintained, and its financial statements
prepared annually, in accordance with the
generally accepted accounting principles of
the Canadian Institute of Chartered
Accountants.
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| Audit of
financial
statements
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9. (1) A band's financial statements shall be
audited, in accordance with the generally
accepted auditing standards of the Canadian
Institute of Chartered Accountants, by an
independent auditor who is a member in good
standing of an association of auditors
incorporated under the laws of a province.
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| Schedule of
remuneration
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(2) A band's financial statements must
include a schedule setting out the
remuneration and expenses paid to members
of the council.
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| Access to
financial
statements
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(3) A band's financial statements shall be
made publicly available within 120 days after
the end of the fiscal year, and a copy shall be
provided to any person requesting one on
payment of a reasonable fee.
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| Financial
breach and
recovery plan
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10. (1) In the event of a significant breach
of any rule respecting the deficit or debt of a
band contained in its financial management
and accountability code or, in the absence of
such a code, in the regulations, the council
shall assess the band's financial position and
develop a recovery plan for the financial
management of band funds, which shall be
presented to the members of the band no later
than 45 days after the time the breach became
known to the council.
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| Quarterly
reports
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(2) A council shall make quarterly reports to
the members of the band on a recovery plan
until the breach of the code or the regulations
is remedied.
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| Ministerial
assessment
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(3) The Minister, or a person or body
designated by the Minister , may at any time
carry out an assessment of a band's financial
position and, if the Minister considers it
necessary, the Minister may require that
remedial measures be taken when any of the
following circumstances becomes known to
the Minister:
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(a) a deterioration of the band's financial
health that compromises the delivery of
essential programs and services;
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(b) the failure to make financial statements
publicly available within the period
specified in subsection 9(3); or
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(c) the denial of an opinion, or an adverse
opinion, by the band's auditor on the band's
financial statements.
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| Designation
of authority to
hear
complaints
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11. (1) The council of a band shall, by band
law, authorize an impartial person or body to
consider fairly and expeditiously any
complaint by a member of the band or a
resident of the reserve
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(a) alleging the contravention or the unfair
or improper application - by the council,
a member of the council or an employee of
the band - of this Act , a code, regulations
made under section 32 or a band law made
under section 18 ; or
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(b) contesting any decision made - by the
council, a member of the council or an
employee of the band - against the
member of the band or resident of the
reserve in the exercise of a discretionary
power.
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| Determination
and order
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(2) A band law referred to in subsection (1)
shall confer on the authorized person or body
the power,
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(a) after considering a complaint described
in paragraph (1)(a) , to determine whether
there was a contravention or an unfair or
improper application of this Act, a code,
regulations made under section 32 or a band
law made under section 18 and, if so, order
the council, member or employee to take
any measures necessary to rectify it ; or
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(b) after considering a complaint described
in paragraph (1)(b) , to order the council, the
member or the employee to reconsider their
decision.
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| Complaint
against
member of
council
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(2.1) A band law referred to in subsection
(1) may confer on the authorized person or
body the power, after considering a complaint,
to
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(a) where the complaint relates to the
conduct of an election of a member of the
council, set aside the election of that
member; or
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(b) order that the member of the council be
removed from office, where there was a
contravention consisting of conduct that is
a ground for removal from office.
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| Decision in
writing to
parties
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(3) A determination made under this section
shall, within 45 days after it is made, be
provided in writing to the complainant and to
every party whose act or omission is
complained of.
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| Conflict of
interest
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(4) A person or member of a body
authorized under subsection (1) who has a
financial, familial or personal conflict of
interest in relation to any complaint may not
consider the complaint.
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| Exception
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(5) A band law referred to in subsection (1)
does not apply in respect of any decision from
which a right of appeal is provided by a code,
regulations made under section 32, a land
code adopted under the First Nations Land
Management Act or a first nation law enacted
under that Act .
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| Rules, policies
and directives
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12. The council of a band shall make
available to members of the band and
residents of its reserve all administrative rules,
policies and directives of the band relating to
band government operations, including
programs and services offered to members and
residents.
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| Withholding
of funds
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13. The council of a band may withhold
from the remuneration or other moneys
payable to a member of the band any debt
owed to the band by the member, provided that
the band makes available to the particular
member the evidence of such debt accrued and
the terms of repayment, excluding any fine
imposed for the contravention of a band law.
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| Limitation of
liability
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14. No civil proceedings lie against a
member of a council or an employee of a band
for anything done, or omitted to be done,
during the course of the exercise or purported
exercise in good faith of any power or the
performance or purported performance in
good faith of any duty of that person in
accordance with this Act, the Indian Act, the
regulations made under either Act, a code, a
band law made under this Act or a by-law
made under section 83 of the Indian Act.
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| Capacity,
rights, powers
and privileges
|
15. (1) A band has the legal capacity, rights,
powers and privileges of a natural person,
including the capacity to
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(a) enter into contracts and agreements;
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(b) acquire, hold and dispose of rights and
interests in property;
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(c) raise, expend, invest and borrow money;
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(e) do anything ancillary to the exercise of
its legal capacity, rights, powers and
privileges.
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| Council acts
for band
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(2) A band acts through its council in
exercising its legal capacity, rights, powers
and privileges referred to in subsection (1).
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| Legal status
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(3) For greater certainty, the legal capacity,
rights, powers and privileges referred to in
subsection (1) do not affect the legal status of
a band and, in particular, do not have the effect
of incorporating the band.
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| Interest in
lands or
moneys
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(4) For greater certainty, nothing in this
section affects the interest in reserve lands or
Indian moneys held by the members of a band
in common under the Indian Act or the
application of that Act in respect of those
lands or moneys.
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| Laws
applicable on
reserve
|
16. (1) The council of a band may make
laws, applicable on the band's reserve, in
relation to
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(a) the health of residents and the
prevention of injury to persons;
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(b) the prevention of damage to property;
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(c) activities in public places;
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(d) the provision of services by or on behalf
of the band and the charging of fees for
those services ;
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(e) local works, public utilities and waste
management;
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(f) the zoning, use and development of land
and buildings on the reserve;
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(g) nuisances, including unsightly property;
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(h) the construction, maintenance, repair,
alteration, removal, demolition and
abandonment of buildings, other structures
and infrastructure, and their use;
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(i) residential tenancies, including grounds
for and powers of eviction;
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(k) the regulation of business activities;
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(l) the keeping of wild and domestic
animals, except fish, and related activities;
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(m) the observance of law and order;
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(n) the prohibition of the sale, exchange,
supply, manufacture, possession or use of
liquids, preparations or mixtures capable of
human consumption that can cause
inebriation;
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(o) the issuance of licences or permits for a
fee, for the purposes of band laws made
under paragraphs (a) to (n); and
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(p) any matter arising out of or ancillary to
the exercise of powers under this
subsection.
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| Conflict with
other laws
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(2) In the event of a conflict between a law
made under this section and an Act of
Parliament or any regulations made under an
Act of Parliament, the Act or the regulations
prevail to the extent of the conflict.
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| Disposal of
waste
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(3) Notwithstanding subsection (2), while a
band law is in force in relation to the disposal
of waste on reserve lands, regulations made
under the Indian Act or this Act respecting the
disposal of waste do not apply in respect of
those lands.
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| Laws re
resources and
entitlements
|
17. (1) The council of a band may make
laws in relation to
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(a) the protection and conservation of
natural resources within the band's reserve
and the disposition for personal and
commercial use of soil, sand, gravel, clay,
marl, peat, timber, mushrooms, plants and
plant products ;
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(b) the protection, conservation and
management of wildlife and fish on the
band's reserve;
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(c) the preservation of the culture and
language of the band;
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(d) trespassing on the band's reserve or
frequenting the reserve for prohibited
purposes;
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(e) the residence of members of the band
and other persons on the band's reserve;
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(f) the survey of reserve lands and their
allotment among the members of the band,
and the establishment of a register of
certificates of possession and certificates of
occupation relating to allotments and the
setting apart of reserve lands for common
use, if authority for those matters has been
granted to the band under section 60 of the
Indian Act;
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(g) the rights of spouses or common law
partners and children who reside with
members of the band on the band's reserve,
with respect to any matter in relation to
which the council may make laws in respect
of members of the band;
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(h) authority for the Minister to make
payments out of capital or revenue moneys
to persons whose names have been deleted
from the band list;
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(i) bringing subsection 64.1(2) of the Indian
Act into effect in respect of the band;
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(j) the issuance of licences or permits for a
fee, for the purposes of band laws made
under paragraphs (a) to (f); and
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(k) any matter arising out of or ancillary to
the exercise of powers under this
subsection.
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| Conflict with
other laws
|
(2) In the event of a conflict between a law
made under this section and an Act of
Parliament or any regulations made under this
Act or the Indian Act, the Act or the
regulations prevail to the extent of the
conflict.
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| Disposition of
timber
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(3) Notwithstanding subsection (2), while a
band law in relation to the disposition of
timber from reserve lands is in force,
regulations respecting the cutting of timber
made under section 57 of the Indian Act do not
apply in respect of those lands.
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| Disposition of
resources
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(4) Notwithstanding subsection (2), while a
band law is in force that relates to the
disposition from reserve lands of soil, sand,
gravel, clay, marl, peat, timber, mushrooms,
plants or plant products, subsection 58(4) of
the Indian Act does not apply in respect of
their disposition from those lands.
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| Removal of
resources
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(5) Notwithstanding subsection (2), while a
band law is in force that relates to the removal
from reserve lands of a resource referred to in
section 93 of the Indian Act, that section does
not apply in respect of its removal from those
lands or its possession.
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| Trespassing
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(6) Notwithstanding subsection (2), while a
band law is in force that relates to trespassing
on the band's reserve, section 30 and
paragraph 31(1)(c) of the Indian Act do not
apply in respect of that reserve.
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| Moneys
derived from
resources
|
(7) Moneys derived from the disposition
under a band law of a resource referred to in
subsection (4) are not Indian moneys for the
purposes of the Indian Act or public money for
the purposes of the Financial Administration
Act.
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| Laws re
inspections
|
17.1 A band law made under section 16 or
17 for the regulation of an activity on reserve
lands may provide for the inspection by a band
enforcement officer of any place on reserve
lands in which that activity is carried on.
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| Laws re band
governance
|
18. (1) The council of a band may make
laws in relation to
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(a) the establishment of bodies, their
composition, powers and duties and their
relationship to the band;
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(b) the delegation to any person or body of
any of the council's powers under this Act
or the Indian Act, other than its powers
under this section;
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(c) elections of members of the council
under the band's leadership selection code,
if any, or the regulations;
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(d) conflicts of interest of members of the
council and employees of the band;
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(e) access to information under the control
of the band, the protection of personal
information under its control and access by
individuals to information about
themselves;
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(f) conditions under which the council may
enter into commercial or other transactions;
and
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(g) any matter arising out of or ancillary to
the exercise of powers under this
subsection.
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| Jointly
established
bodies
|
(2) The councils of two or more bands may
make laws for the joint establishment of a
body for the purposes of paragraph (1)(b) and
respecting its composition, powers and duties
and its relationship to those bands.
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