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Non-application |
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| For greater
certainty
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35. For greater certainty, this Act does not
apply to
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PART 4 |
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TRANSITIONAL PROVISIONS, RELATED AMENDMENTS AND COMING INTO FORCE |
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Transitional Provisions |
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| Grace period
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36. Regulations made under section 32 do
not apply to a band until three years after
the coming into force of section 4, unless the
band previously adopts those regulations by
a vote of its eligible voters conducted in the
same manner as a vote for the adoption of
a code under section 4.
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| Deemed
repeal of
orders
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36.1 (1) An order made under subsection
74(1) of the Indian Act in respect of a band
is deemed to be repealed on the earliest of
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| Election
appeals
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(2) Regulations made under section 76 of
the Indian Act in respect of election appeals
do not apply - and the Governor in
Council's powers under section 79 of that
Act may not be exercised - before the
coming into force of section 52, to a band
that adopts a code under section 5 or that
adopts regulations referred to in paragraph
(1)(b).
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| Election
appeals
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(3) Regulations made under section 76 of
the Indian Act in respect of election appeals
continue to apply - and the Governor in
Council's powers under section 79 of that
Act may continue to be exercised - after
the coming into force of section 52, in
respect of elections held before the coming
into force of that section.
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| Continuation
of existing
by-laws
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37. (1) Any by-law made by a band under
section 81, any of paragraphs 83(1)(a.1) to
(d) or section 85.1 of the Indian Act, that is
in force immediately before the coming into
force of sections 53 and 54 of this Act , shall
be deemed to be a law made by the band
under this Act, to the extent that the by-law
does not conflict with this Act or a code of
the band.
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| Deposit in
registries
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(2) Within six months after the coming
into force of section 30, a band shall deposit
each of its by-laws referred to in subsection
(1) in its band registry and the national
registry established under that section.
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| Cessation of
certain
by-laws
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(3) A by-law made by the council of a
band under section 83 of the Indian Act in
respect of financial administration ceases to
have effect on the earliest of
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| Continuation
of existing
councils
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38. (1) The persons who are the members
of the council of a band immediately before
the coming into force of its leadership
selection code shall be the members of its
council from that date until the end of their
existing terms of office or until their
successors take office pursuant to the code,
whichever is later.
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| Continuation
of existing
council
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(2) The persons who are the members of
the council of a band immediately before
the day on which the regulations on
leadership selection begin to apply to the
band shall be the members of its council
from that day until the end of their existing
terms of office or until their successors take
office pursuant to those regulations,
whichever is later.
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| Review
mechanism
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39. The council of a band shall make a law
in conformity with section 11 within two
years after the coming into force of that
section.
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| Deficit
recovery
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40. (1) A band that has, on the coming into
force of section 10, already exceeded the
deficit limit specified in the financial
management and accountability code or the
regulations, as the case may be, is subject to
that section.
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| Intervention
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(2) Where a band is, on the coming into
force of section 10, subject to remedial
measures taken by the Minister, the
Minister may continue those remedial
measures or may require that the council
develop a recovery plan.
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Related Amendments |
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| 1984, c. 2
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British Columbia Indian Cut-off Lands
Settlement Act
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40.1 The definition ``council of the band''
in section 2 of the British Columbia Indian
Cut-off Lands Settlement Act is replaced by
the following:
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| ``council'' « conseil »
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``council'', in relation to a band, has the same
meaning as in the First Nations Governance
Act;
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| 1997, c. 26
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Budget Implementation Act, 1997
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40.2 The definition ``council'' in section
35 of the Budget Implementation Act, 1997
is replaced by the following:
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| ``council'' « conseil »
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``council'', in relation to the Cowichan Tribes,
has the same meaning as in the First
Nations Governance Act.
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| 2000, c. 14
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Budget Implementation Act, 2000
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40.3 The definition ``council of a band'' in
subsection 23(1) of the Budget
Implementation Act, 2000 is replaced by the
following:
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| ``council'' « conseil »
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``council'', in relation to a band, has the same
meaning as in the First Nations Governance
Act.
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| 1992, c. 37
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Canadian Environmental Assessment Act
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| 1998, c. 15,
subpar.
50(b)(i)
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40.4 The portion of the definition
``federal authority'' in subsection 2(1) of
the Canadian Environmental Assessment
Act is replaced by the following:
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| R.S., c. H-6
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Canadian Human Rights Act
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41. The Canadian Human Rights Act is
amended by adding the following after
section 16:
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| Aboriginal
governmental
organizations
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16.1 In relation to a complaint made under
this Act against an aboriginal governmental
organization, the needs and aspirations of the
aboriginal community affected by the
complaint, to the extent consistent with
principles of gender equality, shall be taken
into account in interpreting and applying the
provisions of this Act.
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42. Section 67 of the Act is repealed.
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| 2002, c. 3
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Claim Settlements (Alberta and
Saskatchewan) Implementation Act
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42.1 The definition ``council of the first
nation'' in section 2 of the Claim Settlements
(Alberta and Saskatchewan)
Implementation Act is replaced by the
following:
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| ``council'' « conseil »
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``council'', in relation to a first nation, has the
same meaning as in the First Nations
Governance Act.
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| R.S., c. F-8;
1995, c. 17,
s. 45(1)
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Federal-Provincial Fiscal Arrangements Act
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| 1998, c. 21,
s. 76(2)
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42.2 The definition ``aboriginal
government'' in subsection 2(1) of the
Federal-Provincial Fiscal Arrangements Act
is replaced by the following:
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| ``aboriginal
government'' « gouverneme nt autochtone »
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``aboriginal government'' means an Indian,
Inuit or Métis government, or the council of
a band within the meaning of the First
Nations Governance Act;
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| 1999, c. 24
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First Nations Land Management Act
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42.3 The definition ``council'' in
subsection 2(1) of the First Nations Land
Management Act is replaced by the
following:
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| ``council'' « conseil »
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``council'', in relation to a first nation, has the
same meaning as in the First Nations
Governance Act.
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42.4 Subsection 20(4) of the Act is
replaced by the following:
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| Inconsistency
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(4) The land code of a first nation prevails
over the provisions of a first nation law, or of
a law made under any of sections 16 to 18 of
the First Nations Governance Act, to the
extent of any inconsistency or conflict.
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| R.S., c. I-5
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Indian Act
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43. (1) The definition ``intoxicant'' in
subsection 2(1) of the Indian Act is repealed.
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(2) The definition ``council of the band''
in subsection 2(1) of the Act is replaced by
the following:
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| ``council'' « conseil »
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``council'', in relation to a band, has the same
meaning as in the First Nations Governance
Act.
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| R.S., c. 32 (1st
Supp.), s. 1(1)
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(3) Paragraph (c) of the definition
``elector'' in subsection 2(1) of the Act is
repealed.
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(4) Subsection 2(3) of the Act is replaced
by the following:
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| Exercise of
powers of
band or
council
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(3) Unless otherwise provided by this Act,
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| R.S., c. 48
(4th Supp.),
s. 1
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44. Section 4.1 of the Act is replaced by
the following:
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| Provisions
that apply to
all band
members
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4.1 A reference to an Indian in any of the
following provisions is deemed to include a
reference to any person whose name is entered
in a Band List or who is entitled to have it
entered therein: the definitions ``band'',
``Indian moneys'' and ``mentally incompetent
Indian'' in section 2, subsections 4(2) and (3)
and 18(2), sections 20 and 22 to 25,
subsections 31(1) and (3) and 35(4), sections
51, 52, 52.2 and 52.3, subsections 58(3) and
61(1), sections 63 and 65, subsections 66(2)
and 70(1) and (4), section 84, paragraph
87(1)(a), section 88, subsection 89(1) and
paragraph 107(b).
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| R.S., c. 32 (1st
Supp.), s. 4
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45. Subsection 10(3) of the Act is
repealed.
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46. The heading before section 32 and
sections 32 to 34 of the Act are repealed.
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| R.S., c. 32 (1st
Supp.),
s. 10(2)
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47. Subsection 64(2) of the Act is replaced
by the following:
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| Expenditure
of capital
moneys in
accordance
with by-laws
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(2) The Minister may make expenditures
out of the capital moneys of a band in
accordance with band laws made pursuant to
paragraph 17(1)(h) of the First Nations
Governance Act for the purpose of making
payments to any person whose name was
deleted from the Band List of the band in an
amount not exceeding one per capita share of
the capital moneys.
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| R.S., c. 32 (1st
Supp.), s. 11
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48. Subsection 64.1(2) of the Act is
replaced by the following:
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| Additional
limitation
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(2) Where the council of a band makes a
band law under paragraph 17(1)(i) of the First
Nations Governance Act bringing this
subsection into effect, a person who has
received an amount that exceeds one thousand
dollars under paragraph 15(1)(a), as it read
immediately prior to April 17, 1985, or under
any former provision of this Act relating to the
same subject-matter as that paragraph, by
reason of ceasing to be a member of the band
in the circumstances set out in paragraph
6(1)(c), (d) or (e) is not entitled to receive any
benefit afforded to members of the band as
individuals as a result of the expenditure of
Indian moneys under paragraphs 64(1)(b) to
(k), subsection 66(1) or subsection 69(1) until
the amount by which the amount so received
exceeds one thousand dollars, together with
any interest thereon, has been repaid to the
band.
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| R.S., c. 32 (1st
Supp.), s. 12
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49. Subsection 66(2.1) of the Act is
replaced by the following:
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| Idem
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(2.1) The Minister may make expenditures
out of the revenue moneys of a band in
accordance with band laws made pursuant to
paragraph 17(1)(h) of the First Nations
Governance Act for the purpose of making
payments to any person whose name was
deleted from the Band List of the band in an
amount not exceeding one per capita share of
the revenue moneys.
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50. Section 71 of the Act and the heading
before it are repealed.
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51. Subsections 73(1) and (2) of the Act
are repealed.
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| R.S., c. 32 (1st
Supp.), s. 14
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52. The heading before section 74 and
sections 74 to 80 of the Act are repealed.
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| R.S., c. 32 (1st
Supp.), s. 15;
2000, c. 12,
par. 152(b)
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53. Sections 81 and 82 of the Act are
repealed.
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| R.S., c. 17
(4th Supp.),
s. 10(1)
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54. (1) The portion of subsection 83(1) of
the Act before paragraph (a) is replaced by
the following:
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| Money
by-laws
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83. (1) The council of a band may, subject
to the approval of the Minister, make by-laws
for any or all of the following purposes,
namely,
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| R.S., c. 17
(4th Supp.),
s. 10(1)
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(2) Paragraphs 83(1)(a.1) to (d) of the Act
are repealed.
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| R.S., c. 32 (1st
Supp.), s. 16
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55. Sections 85.1 and 86 of the Act are
repealed.
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56. Section 88 of the Act is replaced by the
following:
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| General
provincial
laws
applicable to
Indians
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88. Subject to the terms of any treaty and
any other Act of Parliament, all laws of
general application from time to time in force
in any province are applicable to and in
respect of Indians in the province, except to
the extent that those laws are inconsistent with
this Act or the First Nations Governance Act,
any order, rule, regulation or by-law made
under this Act, or any regulation or band law
made under the First Nations Governance
Act, and except to the extent that those laws
make provision for any matter for which
provision is made by or under this Act or the
First Nations Governance Act.
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57. Section 92 of the Act is repealed.
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| R.S., c. 32 (1st
Supp.), s. 19
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58. Subsection 103(1) of the Act is
replaced by the following:
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| Seizure of
goods
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103. (1) A peace officer, superintendent or
person authorized by the Minister who
believes on reasonable grounds that an
offence under section 90 or 93 has been
committed may seize any goods and chattels
by means of which or in relation to which he
or she believes on reasonable grounds the
offence was committed.
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