| Conflict with
other laws
|
(3) In the event of a conflict between a law
made under this section and an Act of
Parliament, any regulations under this Act that
are applicable to the band or any code adopted
by the band, the Act, the regulations or the
code prevails to the extent of the conflict.
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| Contravention
of band laws
|
19. (1) A band law made under section 16
or 17 may provide that a contravention of any
of its provisions constitutes an offence
punishable on summary conviction by a fine
not exceeding $10,000 or a term of
imprisonment not exceeding three months, or
by both.
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| Protection of
environment
|
(2) Notwithstanding subsection (1), an
offence for the contravention of any provision
of a band law made under paragraph 16(1)(e)
or 17(1)(a) or (b) may be made punishable by
a fine not exceeding $300,000 or a term of
imprisonment not exceeding six months, or by
both.
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| Power to
restrain
|
20. A band law may provide that, where an
offence is committed against a band law, the
court in which the conviction is entered and
subsequently any other court of competent
jurisdiction may make an order prohibiting
the continuation or repetition of the offence by
the person convicted, in addition to any
penalty imposed under that law.
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| Notices of
violation
|
21. (1) A peace officer or a band
enforcement officer designated under section
23 who believes on reasonable grounds that an
offence against a band law has been
committed may issue to the accused a notice
of violation requiring the accused to pay, at the
offices of the band, a fine in an amount set out
in the notice.
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| Contents of
notice
|
(2) A notice of violation issued under
subsection (1) shall specify
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(a) the charge against the accused;
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(b) the period within which and the manner
by which payment may be made;
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(c) the address of the offices of the band at
which payment may be made; and
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(d) the consequences of payment and of not
making payment, including the issuance of
a summons or other process.
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| Payment
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(3) On payment of a fine within the period
and in the manner set out in a notice of
violation, no further action may be taken
against the accused in respect of the offence.
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| Agreements
with
provincial
authorities
|
(4) A band may enter into an agreement
with a competent authority of the province in
which the band's reserve is located regarding
the use, for the purposes of this section, of a
notice of violation referred to in subsection (1)
or of any ticket or other writ or process for
originating a proceeding established by or
under the laws of the province, in which case
the procedures applicable to proceeding by
way of such a ticket, writ or process shall
apply.
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| Disposition of
fines and
property
|
22. (1) Subject to any agreement entered
into under subsection 21(4), any fine paid by
a person convicted of an offence under a band
law, and any property forfeited pursuant to
such a conviction, shall be paid or transferred
to the council of the band in whose reserve the
offence was committed.
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| Not public
moneys
|
(2) Any moneys paid pursuant to subsection
(1) are deemed not to be public moneys for the
purposes of the Financial Administration Act.
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| Designation
of band
enforcement
officers
|
23. (1) The council of a band may employ
any qualified person as a band enforcement
officer for the purpose of conducting
inspections and searches on reserve lands of
the band , and shall furnish each officer with
a certificate specifying the provisions of band
laws made under sections 16 and 17 in respect
of which the officer may conduct them .
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| Production of
certificate
|
(2) When conducting an inspection or
search of a place , a band enforcement officer
shall, on request, produce the certificate to the
person appearing to be in charge of the place.
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| Dismissal of
band
enforcement
officers
|
24. A band enforcement officer may be
dismissed only with the concurrence of the
impartial person or body authorized by the
band for the purposes of section 11.
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| Inspections by
band
enforcement
officers
|
25. Where a band law for the regulation of
an activity provides for the inspection of a
place on reserve lands, a band enforcement
officer may conduct an inspection of the place
in accordance with the band law after advising
the person appearing to be in charge of the
place of the purpose of the inspection.
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| Search
conducted
with warrant
|
26. (1) Subject to section 27, a search for the
purpose of enforcing a band law may be
conducted only in accordance with a warrant
issued under subsection (2).
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| Issuance of
warrant on
application
|
(2) A justice of the peace may issue a
warrant authorizing a band enforcement
officer or peace officer to conduct a search of
a place on reserve lands , subject to any
conditions that may be specified in the
warrant, where on ex parte application the
justice is satisfied by information on oath that
there are reasonable grounds to believe that
there is in the place
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(a) any thing on or in respect of which an
offence under a band law is being or has
been committed; or
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(b) any thing that will afford evidence with
respect to the commission of an offence
under a band law.
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| Search
without
warrant
|
27. (1) Subject to subsection (2), a band
enforcement officer or peace officer may
conduct a search without a warrant for the
purpose of enforcing a band law made under
paragraph 16(1)(a), (l) or (n) or 17(1)(a) or (b)
if the conditions for obtaining a warrant exist
but the delay necessary to obtain a warrant
would likely
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(a) entail a risk of imminent bodily harm or
death to any person; or
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(b) cause the imminent loss or destruction
of evidence relating to an offence under a
band law.
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| Dwelling
|
(2) No search of a dwelling may be
conducted without a warrant.
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| Use of force
|
28. (1) A band enforcement officer shall not
use force in conducting an inspection or
search.
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| Warrant
authorizing
force
|
(2) A peace officer may use force in
conducting a search under a warrant if the use
of force is specifically authorized in the
warrant.
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| Operation of
office
equipment
|
29. A band enforcement officer may, where
authorized by a band law providing for
inspections or by a warrant issued for a search,
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(a) use any computer system at that place;
and
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(b) use any copying or printing equipment
at that place to copy or print any electronic
data, books, records or other documents,
and remove the copy or printout for
examination.
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| Duty to assist
with
inspection or
search
|
29.1 The owner of - or any person who is
in possession or control of - a place that is
inspected or searched shall give the band
enforcement officer or peace officer any
assistance or information required to enable
the officer to conduct the inspection or search.
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| Seizure
during
inspection or
search
|
29.2 (1) A band enforcement officer or
peace officer may seize any thing found in the
course of an inspection or search that the
officer believes on reasonable grounds will
afford evidence of the commission of an
offence under the band law in respect of which
the inspection or search is being conducted,
and must provide a receipt for any thing seized
to the owner or the person who is in possession
of it.
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| Application of
Criminal
Code
|
(2) Sections 462.32 to 462.46 and 489.1 to
490.1 of the Criminal Code apply, with any
modifications that are necessary, in respect of
a thing seized under subsection (1).
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| Band registry
|
30. (1) A band shall maintain at its principal
administrative office a band registry
containing its codes and all laws made by its
council under this Act to which all persons
have reasonable access during normal
business hours.
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| National
registry
|
(2) The Minister shall provide for the
establishment of a national registry of codes
and laws made under this Act to which all
persons have reasonable access during normal
business hours.
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| Deposit of
codes and
laws
|
(3) On the adoption of a code or the making
of a law under this Act, the original shall be
deposited in the band registry and the date of
deposit endorsed on it, and a copy, certified to
be a true copy by a person designated by the
band, shall be delivered to the national
registry within 14 days after the adoption of
the code or making of the law.
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| Commenceme
nt of code or
law
|
(4) A code or a band law made under this
Act comes into force at the beginning of the
day following the day it is deposited in the
band's registry, or at such later time as is
specified in the code or law.
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| Certified
copies made
available
|
(5) At the request of any person and on
payment of a nominal fee not to exceed the
cost of copying , a band shall provide a copy
of any code or law of the band certified to be
a true copy by a person designated by the band.
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| Proof
|
(6) In the absence of evidence to the
contrary, a certified copy of a code or band law
is proof of the original deposited in the band
registry and the date of its deposit, without
proof of the signature or official character of
the person appearing to have certified the
copy.
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| Judicial notice
|
(7) In any proceedings, judicial notice may
be taken of a code or band law made under this
Act that has been deposited in the national
registry and published by the registry in the
manner prescribed by the regulations .
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| Statutory
Instruments
Act
|
(8) The Statutory Instruments Act does not
apply in respect of codes and band laws made
under this Act.
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| Failure to
deposit
|
(9) No code or band law is invalid by reason
only that it was not deposited in, or published
by, the national registry.
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| Contravention
of
unpublished
law
|
(10) A person may be convicted of an
offence under a band law that at the time of the
alleged offence was not deposited in the
national registry or not published, if it is
proved that reasonable steps had been taken to
bring the band law to the notice of that person.
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| Adoption of
codes
|
31. The Governor in Council may make
regulations respecting the adoption of a code
by a band under section 4, including
regulations establishing procedures for the
holding of votes and regulations authorizing
the council to appoint a person to oversee the
conduct of voting .
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| Regulations
applicable in
absence of
code
|
32. (1) The Governor in Council may make
regulations providing for the matters with
respect to which a code may be adopted under
section 5, 6 or 7, other than paragraph 5(2)(b).
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| Elections of
council
members
|
(2) Regulations made under subsection (1)
in respect of leadership selection may
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(a) provide for the appointment of a chief
electoral officer and deputy electoral
officers;
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(b) provide that appeals of elections of
members of councils and applications to
remove members from office shall be heard
by a person designated by the Minister,
where jurisdiction to hear such appeals or
applications has not been conferred on a
person or body by a band law referred to in
subsection 11(1); and
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(c) authorize the person designated by the
Minister to
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(i) require any person to attend for
examination under oath,
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(ii) compel the production of documents,
and
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(iii) dismiss an appeal or application
without a hearing on grounds set out in
the regulations.
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| Other
regulations
|
33. The Governor in Council may make
regulations
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(a) specifying, for the purposes of
subsection 10(3),
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(i) powers that may be exercised in
carrying out an assessment of a band's
financial position, including the power to
require that access be given to bank
accounts, documents and computer files,
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(ii) what constitutes a deterioration of a
band's financial health that compromises
the delivery of essential programs and
services, and
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(iii) remedial measures that may be
required to be taken, including the
imposition of a manager selected by the
Minister to manage the financial affairs
of the band, and the time limits within
which those measures must be taken;
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(b) providing that the powers conferred by
subsection 10(3) do not affect any right
exercisable under a funding agreement with
a band;
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(c) authorizing the Minister to withhold
funds otherwise payable to a band until
remedial measures have been taken;
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(d) specifying the circumstances under
which the council of a band may withhold
amounts under section 13, the maximum
amounts that may be withheld and the
procedure to be followed in doing so;
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|
(e) respecting the disposal, burning or
processing of waste or other noxious
substances on reserve lands, including
regulations
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(i) authorizing the Minister to issue a
permit to do so, subject to any conditions
that may be specified in the permit,
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(ii) defining ``waste'' and ``noxious
substance'', and
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|
(iii) providing that a contravention of the
regulations constitutes an offence
punishable on summary conviction by a
fine not exceeding $300,000 or a term of
imprisonment not exceeding six months,
or by both; and
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|
(f) establishing procedures for the
submission of codes and band laws to, and
for the operation of, the national registry
referred to in subsection 30(2).
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| Pending
self-governme
nt agreements
|
34. (1) The Governor in Council may, by
order made during the period of three years
beginning on the coming into force of section
4, exempt any band from the application of
this Act or any of its provisions for a period
specified in the order to facilitate the
negotiation or ratification of a final agreement
on self-government.
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| Application of
Indian Act
|
(2) An order exempting a band under
subsection (1) shall provide that the
provisions of the Indian Act repealed or
amended by this Act that are specified in the
order continue to apply to the band, during the
period of exemption, as if those provisions had
not been repealed or amended.
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