Bill S-14

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First Reading

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S-14

First Session, Thirty-sixth Parliament,

46-47 Elizabeth II, 1997-98

SENATE OF CANADA

BILL S-14

An Act providing for self-government by the first nations of Canada

first reading, March 25, 1998

The Honourable Senator Tkachuk

2539

Summary

This enactment enables any land-based Indian community recognized as a band, tribe, nation, or other body of Indian people under the Indian Act or any other Act of Parliament or by any treaty or agreement with the Crown or by court order, to be acknowledged, without any negotiations or any further treaties or agreements with the Government of Canada, as a self–governing polity within Canada.

The enactment enables those communities, if they have the means and choose to do so, to create new constitutions for themselves, continue existing laws, make new laws and carry on their own governments thereafter.

Federal laws of general application will continue to apply to a community bringing itself under this enactment when those laws do not conflict with this enactment and the community’s constitution and laws as established pursuant to this enactment.

Similarly, in the case of a province in which any lands of a community bringing itself under this enactment are situated, the general laws of the province will apply to Indians within those lands when those laws do not conflict with this enactment and the community’s constitution and laws as established pursuant to this enactment.

In order to bring itself under this enactment a community is required to hold a referendum on a proposal to do so and present to the electors of the community information germane to the proposal and a draft constitution in accordance with the requirements of the enactment. If more than fifty per cent of the members of the community approve the proposal, the community is brought under this enactment as a self–governing polity under the name and with the constitution approved by its electors.

Such a community, thereafter called in the enactment a First Nation, retains its existing governing body, its officials and its employees until they are altered or replaced in due course under its new constitution and laws.

Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca

1st Session, 36th Parliament,

46-47 Elizabeth II, 1997-98

senate of canada

BILL S-14

An Act providing for self-government by the first nations of Canada

Preamble

WHEREAS history records that the Crown entered into legal relations with certain nations, bodies or tribes of Indians;

AND WHEREAS the Parliament of Canada subsequently passed certain laws in relation to Indians and lands reserved for the Indians;

AND WHEREAS these laws have created a cumbersome, expensive and inefficient system of administration over Indians and their lands;

AND WHEREAS it is proper, expedient and in the public interest that such nations, bodies or tribes of Indians be free to administer, regulate and manage their own communities, lands and resources and exercise the appropriate tools of governance over their lands and peoples;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

short title

Short title

1. This Act may be cited as the First Nations Government Act.

interpretation

Definitions

2. (1) In this Act,

“citizen”
« citoyen »

“citizen”, in relation to the First Nation, means a citizen of the First Nation and, with reference to a matter or circumstance prior in time to the day the First Nation came under this Act, includes a member of the community comprising the First Nation;

“community”
« collectivité »

“community” means a body of indigenous people recognized as a band, tribe, nation or other body of indigenous people

(a) by any treaty or agreement with the Crown,

(b) under the Indian Act or by any other Act of Parliament, or

“constitution”
« Constitution »

“constitution” means the constitution of the First Nation;

“First Nation”
« première nation »

“First Nation” means a community that has come under this Act and, in relation to matters or circumstances prior in time to the day the community came under this Act, includes that community as at that time;

“lands of the First Nation”
« terres d’une première nation »

“lands of the First Nation” means

(a) lands referred to in section 16 that pass to the First Nation under that section,

(b) lands acquired or owned by the First Nation before or after it came under this Act that are declared by the Governor-in-Council to be its lands,

(c) any lands acquired by the First Nation, before or after it came under this Act, pursuant to a successful claim asserted in connection with reserve lands or a negotiated settlement of any such claim, and

(d) any lands acquired by the First Nation, before or after it came under this Act, as compensation for the expropriation of any land referred in paragraph (a),

and for greater certainty, lands of the First Nation designated for administration by any body corporate and politic created under the laws of the First Nation do not cease to be lands of the First Nation merely by reason of that designation;

“territorial link”
« lien territorial »

“territorial link” has the meaning given by subsection 14(2);

“reserves”
« réserves »

“reserves”

(a) means tracts of land vested in the Crown that had been set apart by the Crown for the use and benefit of Indians, and

(b) includes surrendered lands and designated lands within the meaning of the Indian Act.

Construing Act

(2) This Act shall be read in respect of each community that comes under this Act as a special Act applying to that community.

statement of purposes

Purposes

3. The purposes of this Act are to enable the communities of indigenous people inhabiting lands reserved for Indian communities to exercise the jurisdiction and powers inherent in their status and to enunciate the status, jurisdiction and powers of those communities.

PART I

SELF-GOVERNMENT

Preliminaries

Reference and approval

4. (1) When a community proposes to come under this Act, the community must, by way of a referendum held in accordance with regulations under the Indian Act governing referendums, refer the proposal, together with a draft constitution, to the electors of the community for their approval.

Electors of a community

(2) For the purposes of the proposal, an elector of a community is a natural person who

(a) at the time of the referendum referred to in subsection (1) was entitled to vote for or to select the governing body of the community, or

(b) is recognized by a majority of those referred to in paragraph (a) as entitled to vote in that referendum.

Preliminary requirements

(3) A proposal must contain at least the following information:

(a) the identification of the community;

(b) the name proposed for the community when it comes under this Act;

(d) details of the treaties and agreements previously entered into between the Crown in any right and the community, or on its behalf;

(e) a general description of the tribal patrimony and other resources available to the community and the manner, in general terms, by which it is anticipated the community will finance itself immediately and in the future;

(f) the approximate number of electors qualified to vote on the proposal;

(g) the name of the person who will be appointed electoral officer to conduct the referendum on the proposal, and the names of a reasonable number of persons to act as replacement electoral officers in case the person earlier so named is unable to conduct the referendum; and

(h) the names of the electors who will be the governing body when the community comes under this Act.

Accompanying constitution

(4) The draft constitution accompanying the proposal may be a copy of the constitution set out in Schedule I or a modification of that constitution; but a modification of the constitution must, consistent with this Act, make provision for

(a) a citizenship code that, having regard to section 40, includes the requirements for citizenship and the procedure for determining whether a person is a citizen;

(b) a governing body and its composition, principal administrative officer, tenure of office, powers, duties and procedures;

(d) a system of reporting, through audits or otherwise, by which the governing body and its members are financially accountable to the citizens;

(e) the amendment of the constitution by the citizens;

(f) the rules and procedures relating to the selection of the members of the governing body, and the holding of referendums;

(g) the procedures for calling annual general and other assemblies of the citizens and the matters to be placed before them for approval or deliberation;

(h) the rules and procedures to be followed in respect of rights and interests in the lands that will be lands of the First Nation if the community comes under this Act; and

(i) other matters provided for in Schedule I relating to government, citizens or lands.

Defects and omissions

(5) A defect or omission that is not of a substantial nature in a matter preliminary to the holding of a referendum on a proposal does not invalidate the referendum or its outcome.

Coming Under Act

Effect of approval

5. (1) When a proposal for a community to come under this Act and a draft constitution have been referred to the electors of the community and more than fifty per cent of all the electors approve the proposal and the draft constitution,

(a) the community comes under this Act as a self-governing polity

(i) on the day specified therefor in the proposal or ninety days after the referendum if the proposal contains no specified day,

(ii) under the name approved by the referendum, and

(iii) with the constitution approved by the referendum; and

(b) the persons who are the governing body of the community on the date of the referendum shall forthwith cause a notice of the approval of the proposal to be published in the Canada Gazette.

First Nation

(2) The community described in paragraph (1)(a) is hereinafter in this Act referred to as the First Nation.

Capacity and powers

6. The First Nation has perpetual succession and the capacity of a natural person and all powers, rights and privileges necessary for the performance of its functions or ancillary or incidental thereto.

Transitional Provisions

Provisional governing body

7. (1) The members of the governing body of the community who were in office pursuant to the Indian Act, or any other Act of Parliament, immediately before the community comes under this Act, are the governing body of the First Nation.

Presumed election

(2) A member of the governing body referred to in subsection (1) is deemed to have been duly selected or elected, pursuant and subject to the constitution, as a member of the governing body of the First Nation for a five-year term commencing on the day on which the member last took office on that governing body.

Officers and employees

(3) The persons who were officers and employees of the community on the day immediately before the community comes under this Act are deemed to be the duly appointed officers and employees of the First Nation until confirmed or removed by the governing body thereof.

Legislative Powers

Legislative powers

8. (1) The First Nation is hereby recognized as having the power to make laws for the peace, order and good government of the First Nation and, in particular, without limiting the generality of the foregoing, may make laws respecting the subject-matters enumerated in Schedule II, subject to any restrictions on the law-making power in the constitution.

Manner of making laws

(2) Unless otherwise provided for in the constitution, the laws of the First Nation shall be enacted by the principal administrative officer of the First Nation by and with the advice and consent of the governing body of the First Nation.

Statutory Instruments Act

9. The Statutory Instruments Act does not apply to a law of the First Nation, to its constitution or to any rules and resolutions of the governing body of the First Nation .

Territorial application

10. A law of the First Nation applies only within the territory comprising the lands of the First Nation unless otherwise provided for in this Act or in a law of the First Nation made in relation to a subject-matter in items 13, 14, 15, 16, 17 or 33 of Schedule II.

Punishments

11. (1) A maximum fine or maximum term of imprisonment imposed by or under any law of the First Nation may not exceed the maximum fine and maximum term of imprisonment generally applicable to offences punishable on summary conviction under the Criminal Code.

Prohibition order

(2) For the avoidance of doubt and without limiting the generality of subsection 8(1), when a law of the First Nation is contravened and a conviction entered, the court in which the conviction has been entered, and any court of competent jurisdiction there-after, may, in addition to any other remedy and to any penalty imposed by the law, make an order prohibiting the continuation or repetition of the offence by the person convicted, and such an order may be made at the instance of or without the involvement of the First Nation.

Ownership of fines, etc.

12. Every fine, penalty, victim surcharge, tax or forfeiture and interest thereon imposed under a law of the First Nation or pursuant to this Act in respect of the First Nation belongs to the First Nation.

Prosecutions

13. The First Nation has exclusive jurisdiction in relation to the laying of charges and the prosecution of persons who contravene its laws.

Summary jurisdiction

14. (1) Subject to any laws made pursuant to this Act, a court of summary jurisdiction in a province having a territorial link with the First Nation has jurisdiction with respect to the enforcement of the laws of the First Nation and with respect to matters arising from those laws.

Territorial link

(2) A province has a territorial link with the First Nation if the lands or any portion of the lands of the First Nation are within the geographical boundaries of the province.

Provincial court

15. Subject to any laws made pursuant to this Act, a court of competent jurisdiction in a province having a territorial link with the First Nation has jurisdiction with respect to this Act and the laws of the First Nation and with respect to matters arising from this Act or those laws.

PART II

INDIAN LANDS AND MONEYS

Dominium passes

16. The absolute ownership of its reserves and such other of its lands as are lands reserved for the Indians within the meaning of section 91(24) of the Constitution Act, 1867, passes to the First Nation on the day the First Nation comes under this Act, subject to the rights, interests and conditions referred to in section 17.

Saving of interests

17. (1) The passing of absolute ownership of land to the First Nation under section 16 does not operate to affect any lawfully acquired rights, obligations or interests in those lands at the time the First Nation comes under this Act, except to replace references to the Crown by references to the First Nation.

Presumption

(2) All instruments evidencing existing rights or obligations referred to in subsection (1), hereinafter referred to as “existing rights”, shall be presumed to be instruments issued by the First Nation in respect of the existing rights until those instruments are replaced by instruments issued in respect of the existing rights by the First Nation to the holders of the existing rights.

Effect of new instrument

(3) When an instrument is issued by the First Nation to a holder of existing rights pursuant to subsection (2), the instrument conveys the existing rights unchanged, unless changes in the terms and conditions of the existing rights are agreed upon by the holder thereof and the First Nation.

Saving

(4) This section does not terminate any accrued rights of the Government of Canada or the First Nation including, without limiting the generality of the foregoing, any accrued rights in respect of operations conducted on lands of the First Nation before the First Nation came under this Act.

Audited accounting

(5) Within a reasonable time after the First Nation comes under this Act, the First Nation shall request the Government of Canada to provide a full and complete audited accounting in respect of all transactions involving reserves, interests pertaining to reserves, or any other assets of the First Nation, excluding moneys, in order to facilitate the early and orderly discharge of the responsibilities of the Crown in respect of those transactions.

Rights limited

18. No citizen has any right or power to claim any interest in or to dispose of, encumber, sever or require a transfer of any interest in the lands and assets of the First Nation, except to the extent that an interest in those lands or assets has been granted or transferred by the First Nation to the citizen pursuant to subsection 19(1).

Use of power over lands of the First Nation

19. (1) Although the First Nation has the full and exclusive power to dispose of and encumber any of its lands and any rights or interests therein and to permit persons to occupy, use or reside on those lands or otherwise exercise any rights in respect of those lands, the First Nation may not exercise any of those powers except in conformity with the constitution and laws of the First Nation.

Consent of governing body

(2) No disposition by any person of any interest in lands of the First Nation by way of lease or transfer or otherwise, nor any licence in respect of those lands, is valid unless it is made with the express written consent of the governing body of the First Nation.

Protection against expropriation

(3) Notwithstanding any other Act, no interest in lands of the First Nation or any portion thereof may be expropriated by the Crown or any person other than the First Nation without the consent of the First Nation.

Registration under First Nation law

20. (1) The First Nation may by law authorize the registration of estates and interests in lands of the First Nation specified in the law and, for that purpose, may apply any laws of a province having a territorial link with the First Nation.

Registration generally

(2) All estates and interests in lands of the First Nation that are not subject to a law made pursuant to subsection (1) continue to be registrable in the Reserve Land Register maintained pursuant to section 21 of the Indian Act.

Status of lands of the First Nation

21. It is declared for greater certainty that lands of the First Nation are lands reserved for the Indians within the meaning of section 91(24) of the Constitution Act, 1867.

Community moneys

22. (1) For the avoidance of doubt, it is declared that

(a) the First Nation remains the beneficial owner of all moneys that, on the day the community constituting the First Nation comes under this Act, are held by the Crown for the use and benefit of that community; and

(b) the First Nation continues to be the beneficial owner of all moneys that, after the day the community constituting the First Nation comes under this Act, are received by the Crown for the use and benefit of that community.

Responsibility for moneys

(2) The First Nation is not responsible for the moneys described in subsection (1), nor does the Crown cease to be responsible for those moneys, until the control of the moneys has, after a suitable accounting, been transferred to the First Nation.

How held

(3) No citizen has, by reason only of citizenship in the First Nation, any claim to, or any power to dispose of, encumber, sever or require a transfer of any interest in, any of the moneys of the First Nation.

Situs of money

(4) All moneys beneficially owned by the First Nation and all accretions thereto are deemed always to be situated on lands of the First Nation.

Audited accounting of moneys

(5) For the purposes of this section, a “suitable accounting” means a full and complete accounting, by means of an audit conducted by an independent auditor in accordance with generally accepted auditing standards, of all moneys, including interest thereon, received, disbursed or held, or that should have been received, disbursed or held, for the use and benefit of the First Nation.

Property exempt from taxation

23. (1) Section 87 of the Indian Act as it read on the commencement of this Act applies, subject to subsections (2) and (3) and with such modifications as the circumstances require, to the First Nation and its citizens as if the references in that section to a band or a reserve were a reference to the First Nation or lands of the First Nation.

References in Act

(2) For the purpose of subsection (1), the reference in section 87 of the Indian Act to section 83 of that Act is a reference to this Act and the laws of the First Nation.

Application to First Nation corporation

(3) Section 87 of the Indian Act applies in respect of an Indian corporation as though it were a citizen.

Definition of Indian corporation

(4) An Indian corporation is a corporation incorporated under a law of Canada or a province, or under a law of the First Nation, that carries on business exclusively on lands of the First Nation or on any reserve, or on both, and of which each shareholder is either

(a) the First Nation, a citizen, or another community or a member of another community, or any combination thereof or a body corporate that is controlled by, or the shares of which are beneficially or legally owned by, any of the foregoing, or any combination thereof; or

(b) a person who holds all the shares of the corporation for the benefit of the First Nation, a citizen, or another community or a member of another community, or any combination thereof.

Exemption from legal process

24. Subject to this Act, and to the constitution and laws of the First Nation and to any agreement to the contrary in respect of personal property to which the governing body of the First Nation has given its written consent,

(a) no interest in lands of the First Nation and no personal property situated on those lands and belonging to the First Nation, to a citizen, another community, an Indian within the meaning of the Indian Act, or an Indian corporation as defined in subsection 23(4), and

(b) no interest in reserve lands and no personal property situated on a reserve and belonging to the First Nation, a citizen, or an Indian corporation as defined in subsection 23(4),

may be mortgaged or otherwise encumbered as security, nor is it subject to any mode of civil execution, except in favour of the First Nation, a citizen, another community, an Indian within the meaning of the Indian Act, or an Indian corporation as defined in subsection 23(4).

Conditional sales

25. A person who sells anything to the First Nation, a citizen, another community, an Indian within the meaning of the Indian Act, or an Indian corporation as defined in subsection 23(4), under an agreement whereby a right of property or right of possession to the thing remains wholly or in part in the seller, may exercise the seller’s rights under the agreement notwithstanding that the thing is situated on land referred to in section 24.

Situs of moneys

26. For the purposes of sections 22 to 25, personal property that was

(a) purchased

(i) by the Crown in right of Canada with First Nation moneys or with moneys appropriated by Parliament, or

(ii) by the First Nation with its moneys or with moneys appropriated by Parliament

for the use and benefit of the First Nation or its citizens, or

(b) given to citizens or to the First Nation under a treaty or agreement between the First Nation and the Crown, or in satisfaction of a claim,

is deemed always to be situated on lands of the First Nation.

Void transactions

27. Every transaction purporting to pass title to any property that is deemed to be situated on lands of the First Nation, or any interest in such property, is void unless the transaction is entered into with the consent of the First Nation or is entered into between citizens, an Indian corporation as defined in subsection 23(4), or any combination of those parties.

PART III

ORGANIZATIONAL OPTIONS

Division or amalgamation

28. (1) The First Nation may authorize the division of the First Nation or its amalgamation with any other community of Indians that has come under this Act.

Approval of electors

(2) A division of the First Nation or the amalgamation of the First Nation may be effected only with the approval of the electors of the First Nation, as the electors are defined by the constitution of the First Nation, in a referendum in which at least eighty per cent of all the electors entitled to do so vote in favour of the division or amalgamation.

Confederation plan

29. (1) The First Nation may be party to a plan, in this section called a “confederation plan”, to establish a body politic to become the recipient of delegated administrative and legislative powers from communities that have come under this Act and are parties to the confederation plan.

When effective

(2) A confederation plan becomes effective when the governing bodies of the parties thereto have obtained an amendment to their respective constitutions to effect the plan.

Nature of body politic

(3) The body politic established pursuant to subsection (1) has the capacity and powers of a natural person.

Duration of plan

(4) During the term of a confederation plan, the First Nation may not exercise any of the powers delegated by it for the purposes of the plan except as provided for in its constitution as amended for the purposes of the plan.

PART IV

ADMINISTRATION

Construing Act

30. (1) For greater certainty,

(a) nothing in this Act abrogates or derogates from any existing legal rights or any existing aboriginal or treaty rights of the First Nation, its citizens or any other aboriginal peoples of Canada;

(b) nothing in this Act abrogates or derogates from any existing or future claim of the First Nation; and

(i) the status of citizens as Indians within the meaning of section 91(24) of the Constitution Act, 1867, or

(ii) any existing aboriginal or treaty rights of any Band of Indians or its members.

Binding on Crown

(2) This Act binds the Crown in right of Canada or a province.

Remedial in nature

(3) This Act is declared remedial for the purposes of section 12 of the Interpretation Act.

Canadian Human Rights Act

(4) The Canadian Human Rights Act does not apply in respect of anything done under this Act.

No liability as member of governing body

31. (1) No individual is personally liable for any debt, obligation or act of the First Nation by reason only of being a member of its governing body unless the debt, obligation or act is in contravention of this Act, the constitution or a law of the First Nation and the individual knowingly consents to, authorizes or engages in the contravention.

No liability as citizen

(2) No individual is personally liable for any debt, obligation or act of the First Nation by reason only of being a citizen.

Indian Act and regulations

32. (1) Except as otherwise provided in this Act, the provisions of the Indian Act or any other Act specifically applicable to Indians or any band, tribe or nation of Indians, and the regulations made thereunder, do not apply to the First Nation, its citizens, lands, moneys or assets.

Idem

(2) In the absence of any applicable provisions in the constitution of the First Nation or any law thereof, the Indian Band Election Regulations, the Indian Referendum Regulations, or the Indian Band Council Procedure Regulations, as the case may be, made under the Indian Act and as they read on the day the First Nation comes under this Act apply to the First Nation with such modifications as the circumstances require.

Sections 114 to 122 of the Indian Act

(3) In the absence of a law of the First Nation, section 114, paragraphs 115(a), (b) and (c) and sections 116 to 122 of the Indian Act apply to the First Nation as if the references in those sections to the Minister, a band or a reserve were, respectively, references to the governing body of the First Nation, the First Nation or lands of the First Nation, and with such other modifications as the circumstances require.

Sections 42 to 50 of the Indian Act

(4) Sections 42 to 50 of the Indian Act apply, with such modifications as the circumstances require, to the First Nation and its citizens in the absence of any law of the First Nation in relation to the matters provided for in those sections.

Section 51 of the Indian Act

(5) Section 51 of the Indian Act applies in respect of the property of dependent adult citizens until the provisions of that section are replaced by laws of the First Nation that are no less favourable in respect of the adult dependent citizen than the provisions of the Indian Act.

Sections 52 & 52.2 to 52.5 of the Indian Act

(6) Sections 52 and 52.2 to 52.5 of the Indian Act apply in respect of the property of minor children of citizens until those provisions are replaced by laws of the First Nation that are no less favourable in respect of the minor children than those provisions of the Indian Act.

Section 87 of the Indian Act

(7) Section 87 of the Indian Act applies to the First Nation, its citizens, and in respect of the properties of the First Nation and its citizens.

Sections 5 to 7 of the Indian Act

(8) Sections 5 to 7 of the Indian Act apply in respect of the registration of citizens as Indians and the determination of which citizens are entitled to be so registered.

Incorporating statutory provisions

33. (1) The First Nation may incorporate in its laws any provision of the Indian Act or any other Act of Parliament that is

(a) specifically applicable to Indians or the lands reserved for the Indians, and

(b) not within the legislative power of the First Nation.

Expression

(2) A law of the First Nation that incorporates a provision of an Act referred in subsection (1) may modify the provision to the extent necessary to express the law in language compatible with the laws of the First Nation but without changing the substance of the provision.

Effect of law

(3) When the provision of an Act referred to in subsection (1) is incorporated into a law of the First Nation, the law has the like effect as though it were expressly embodied in this Act.

Amendment and repeal

(4) After its making, a law described in subsection (1)

(a) may be repealed at any time by the First Nation, but

(b) may be amended only to reflect any changes made by Parliament in the provision of the Act that was incorporated in the law,

and subsections (2) and (3) apply to any amendment of that law.

Laws of Canada of general application

34. (1) Except to the extent that it is inconsistent with a provision of this Act, a law of the Parliament of Canada of general application applies to the First Nation, its citizens and its lands, subject to the terms of any treaty or land claims agreement.

Idem

(2) Subject to the terms of any treaty or land claims agreement, a law of the Parliament of Canada of general application that relates to a subject-matter enumerated in section 91 of the Constitution Act, 1867, does not apply to the First Nation, its citizens or its lands to the extent that the law is inconsistent with the constitution of the First Nation or a law of the First Nation unless that law of general application

(a) would apply in like circumstances within a province with which the First Nation has a territorial link,

(b) deals with a distinct subject-matter that, by its inherent nature, is of concern to Canada as a whole and is beyond local or provincial control, or

Idem

(3) Subject to the terms of any treaty or land claims agreement, a law of the Parliament of Canada of general application that relates to a subject-matter enumerated in section 92 of the Constitution Act, 1867, does not apply to the First Nation, its citizens, or its lands to the extent that the law is inconsistent with the constitution of the First Nation or a law of the First Nation unless that law of general application

(a) deals with a distinct subject-matter that, by its inherent nature, is of concern to Canada as a whole and is beyond local or provincial control, or

(b) is a temporary and extraordinary law dealing with an emergency,

and it is not a law coming within any of the classes of subjects enumerated in section 91 of the Constitution Act, 1867.

Provincial laws of general application

(4) A law of general application of a province having a territorial link with the First Nation applies to citizens of the First Nation on lands of the First Nation within the territorial area of that province to the extent only that any such law is not inconsistent with a term of a treaty with the First Nation or with this or any other Act of Parliament, or with the constitution or a law of the First Nation or any applicable land claims agreement.

Saving by-laws

35. Except to the extent of any inconsistency with this Act, any law of the First Nation or any provision of its constitution, a by-law of the First Nation that is in force immediately before the First Nation comes under this Act continues in force as a law of the First Nation until replaced by a law enacted pursuant to this Act.

Indian Oil and Gas Act

36. Unless a law of the First Nation otherwise provides, the Indian Oil and Gas Act and regulations made thereunder apply to the First Nation, the lands of the First Nation, its governing body, its citizens, its agents, whether incorporated or not, and to an Indian corporation wholly owned by the First Nation.

Canada Lands Survey Act

37. Unless a law of the First Nation otherwise provides, the Canada Lands Survey Act and regulations made thereunder apply to lands of the First Nation.

Environment

38. (1) The environmental standards established by or under any Act of Parliament apply in respect of the lands of the First Nation, until the First Nation enacts its own environmental laws, subject to subsection (2).

First Nation standards

(2) The First Nation may, by law,

(a) apply the environmental standards of a province having a territorial link with the First Nation, or

(b) establish other environmental standards for the lands of the First Nation, if the environmental standards so established are no less stringent and no less protective of the environment than the least stringent of the environmental standards referred to in subsection (1) and the standards of a province referred to in paragraph (a).

SAVING

Declaration of non-applicability

39. (1) If the governing body of the First Nation requests by resolution that the Governor in Council do so, the Governor in Council may, by proclamation, declare any of the following provisions of this Act not applicable to the First Nation or a citizen, namely, sections 11 to 15, subsections 19(1) and (2) and sections 24 and 25.

Application of declaration

(2) A declaration made under subsection (1) may be made to apply to the First Nation generally or in respect of a specified transaction and indefinitely or for a stated period.

Revocation

(3) A declaration made under subsection (1) may, with the approval of the First Nation, be revoked at any time by proclamation of the Governor in Council.

Saving citizenship rights

40. (1) A person who had a right to membership or citizenship in the community comprising the First Nation immediately before that community first acquired or assumed control of its membership or citizenship from the Minister of Indian Affairs and Northern Development under the Indian Act, any other Act of Parliament or this Act, may not be deprived of citizenship by reason only of a situation that existed, or an action that was taken, before the community first acquired or assumed control of its membership or citizenship from the Minister of Indian Affairs and Northern Development.

Saving aboriginal and treaty rights

(2) Subsection (1) does not apply where its application would conflict with an existing aboriginal or treaty right.

consequential amendments

R.S., c. C-1

Canada Assistance Plan

1994, c. 35, s. 33

41. (1) The definition “band” in section 10 of the Canada Assistance Plan is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) a First Nation, as defined in the First Nations Government Act;

1994, c. 35, s. 33

(2) The definition “council” in section 10 of the said Act is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) a Council, as defined in the First Nations Government Act;

1994, c. 35, s. 33

(3) The definition “reserve” in section 10 of the said Act is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) lands of the First Nation, as defined in the First Nations Government Act.

R.S., c. F-24

Fishing and Recreational Harbours Act

1994, c. 35, s. 34

42. The definition “agency” in section 2 of the Fishing and Recreational Harbours Act is amended by striking out the word “and” at the end of paragraph (c), by adding the word “and” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) a governing body, within the meaning of the First Nations Government Act;

R.S., c. 44 (4th Supp.)

Lobbyists Registration Act

1995, c. 12, s. 2

43. Subsection 4(1) of the Lobbyists Registration Act is amended by adding the following after paragraph (d.1):

(d.2) members of a governing body within the meaning of the First Nations Government Act, persons on their staff or employees of such a governing body;

R.S., c. M-13

Municipal Grants Act

1994, c. 35, s. 37

44. The definition “taxing authority” in subsection 2(1) of the Municipal Grants Act is amended by striking out the word “or” at the end of paragraph (d), by adding the word “or” at the end of paragraph (e) and by adding the following after paragraph (e):

(f) A governing body within the meaning of the First Nations Government Act, if it levies and collects a real property tax or a frontage or area tax in respect of lands of the First Nation, as defined in that Act.

R.S., c. N-11

National Housing Act

1994, c. 35, s. 38

45. (1) The definition “Indian” in section 2 of the National Housing Act is replaced by the following:

“Indian”
« Indien »

“Indian” means an Indian, as defined in the Indian Act, or a citizen under the First Nations Government Act;

1994, c. 35, s. 38

(2) The definition “Indian band” in section 2 of the said Act is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) a First Nation or a governing body within the meaning of the First Nations Government Act;

1994, c. 35, s. 38

(3) The definition “reserve” in section 2 of the said Act is amended by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) lands of the First Nation as defined in the First Nations Government Act.

R.S., c. P-21

Privacy Act

1994, c. 35, s. 39

46. Subsection 8(6) of the Privacy Act is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following paragraph:

(e) a First Nation under the First Nations Government Act.

SCHEDULE 1

CONSTITUTION

Definitions

1. In this Constitution,

“elector”
« électeur »

“elector” means a natural person who

(a) is lawfully and ordinarily resident on the lands of the First Nation;

(b) is 21 years of age or over;

(c) is a citizen; and

(d) is not otherwise disqualified from voting at elections or referendums of the First Nation;

“Electoral Officer”
« directeur du scrutin »

“Electoral Officer” means the person appointed pursuant to section 9 of this Constitution.

Citizenship

Citizenship rules

2. (1) Citizenship is determined by the membership rules of the First Nation that were in force immediately before the day on which the First Nation comes under this Act, with such modifications as the circumstances require and without abrogating or derogating from existing aboriginal or treaty rights.

Must be an Indian

(2) No person may be a citizen who is not registered or entitled to be registered as an Indian.

Citizens of other Bands

(3) No citizen of another community or another First Nation may be a citizen of the First Nation.

Amendment to Constitution

When amendment effective

3. (1) Subject to subsections (2) and (4), an amendment to the Constitution is effective and in force on the day it is approved by a majority of the electors of the First Nation in a referendum held for the purpose or on such later date as is set out in the amendment.

Percentage of vote required

(2) Where a provision of the Constitution requires approval for any purpose by a percentage of electors greater than a majority of electors, an amendment to that provision, including the percentage itself required for approval, may only be made with the approval of at least that same percentage of electors.

Change of term of office

(3) Any amendment to the Constitution dealing with the term of office of a member of the governing body of the First Nation is restricted to changing any future term of a member of that body and requires seventy-five per cent approval by the electors.

Petition re amendment

(4) If the governing body of the First Nation receives a petition signed by eighty per cent of all the electors of the First Nation containing a request that a referendum be held in relation to an amendment proposed for the Constitution, the governing body shall forthwith order a referendum to determine the matter.

Drafting petitioned amendment

(5) The governing body may redraft the amendment proposed in the petition mentioned in subsection (4) but the governing body must do its best to ensure that its draft gives effect to the intent of the petition.

Publication

Required publication

4. When the Constitution or an amendment to the Constitution comes into force, the governing body of the First Nation shall forthwith cause the Constitution or amendment to be published in the Canada Gazette.

Governing Body

Composition

5. (1) The governing body of the First Nation may be called a Council or by another title and its members may be called councillors or by any other designation, hereinafter in this Constitution referred to, respectively as “Council” and “councillors”, and shall be selected in accordance with the provisions of the Constitution and laws of the First Nation.

Chief

(2) The Council consists of councillors one of whom shall be the principal administrative officer of the First Nation and may be designated Chief or by another title, hereinafter in this Constitution referred to as the “Chief”.

Number of councillors

(3) The number of councillors, including the Chief, shall be no less than three nor more than thirteen, as may be determined by law of the First Nation having regard to subsection (4).

For each 120 citizens

(4) In determining the number of councillors, there shall be, so far as possible, no less than one councillor, including the Chief, for every one hundred and twenty citizens.

How elected

6. The Chief and councillors of the First Nation must be elected by a majority of the votes cast in an election held pursuant to this Constitution.

Ineligible candidates

7. (1) No candidate is eligible for election as Chief or councillor unless

(a) the candidate is an elector of the First Nation;

(b) all debts owed to the First Nation by the candidate are in good standing;

(d) the nomination of the candidate is petitioned by two persons who are themselves electors and the petition is submitted to the Electoral Officer on or before the date set for the close of nominations, together with a statutory declaration sworn by the nominee attesting to the matters mentioned in paragraphs (a), (b) and (c).

Disqualification of councillor

(2) A councillor who ceases to be an elector or who becomes insolvent or is convicted in criminal proceedings for theft, fraud, bribery or breach of trust, thereupon ceases to be a councillor.

Calling elections

8. (1) The Council shall call an election to be held no later than five years from the date on which the last election for the Council was held.

By-elections

(2) If a vacancy occurs on the Council, the Council may in its discretion call a by-election to fill the vacancy but if less than four years has expired since the previous election, the Council must call such a by-election forthwith.

Appointing Electoral Officer

9. (1) The Council shall appoint an Electoral Officer no later than thirty days before the date an election is to be held.

Disqualification

(2) The Electoral Officer must not be a citizen or an employee of the First Nation or Council.

Appealing election result

10. (1) Within thirty days after an election, any candidate at the election or any elector who voted or attempted to vote in the election who has reasonable grounds for believing that

(a) there was corrupt practice in connection with the election, or

(b) there was a contravention of the Act, the Constitution, or any law of the First Nation that might have affected the result of the election,

may lodge an appeal to the Federal Court of Canada or any court of competent jurisdiction.

Sending documents to Electoral Officer

(2) Upon the filing of an appeal the appellant shall forward a copy of the appeal together with all supporting documents by registered mail to the Electoral Officer and to each candidate.

Written answers required

(3) Any candidate may, and the Electoral Officer shall, within fourteen days of the receipt of a copy of an appeal under subsection (1), forward to the Federal Court of Canada or to a court of competent jurisdiction, as the case may be, by registered mail, a written answer to the particulars set out in the appeal together with any supporting documents relating thereto duly verified by affidavit.

The record

(4) All particulars and documents filed in accordance with this section form the record.

Relief

(5) The court may provide such relief as it sees fit, when it appears to the court that

(a) there was corrupt practice in connection with the election; or

(b) there was a contravention of the Act, the Constitution or any law of the First Nation that might have affected the result of the election.

General assembly of First Nation

11. (1) The Council shall call a general assembly of the citizens at least once in each calendar year.

Special assembly of First Nation

(2) The Council shall call a special assembly of the citizens within thirty days of the receipt of a petition duly signed by at least twenty-five per cent of the citizens calling for such an assembly, but no petition may be received by the Council for this purpose within six months of a previous special assembly.

Proceedings and minutes

12. (1) The proceedings and minutes of Council meetings shall be recorded and maintained and, subject to any laws of the First Nation, shall be made available for inspection by electors and other persons authorized by the Council.

Agenda

(2) The Council shall place on the agenda for a meeting of the Council any item submitted by a citizen at least seven days before the meeting.

Functions and Duties

Function of Council

13. (1) The First Nation acts through the Council in exercising its powers and carrying out its duties and functions.

Ratification of actions

(2) The Council may by resolution ratify, in whole or in part, the actions of Council or the actions of any of the members of Council, including decisions that have been made, expenses that have been incurred and contracts that have been entered into.

Delegation of functions

(3) The Council may by resolution authorize the Chief or any other designated person or body to perform and exercise any of its duties, powers and functions.

Officers, employees, etc

(4) The Council may by resolution appoint officers, agents and employees of the First Nation and establish administrative and advisory bodies to assist in the administration of the affairs of the First Nation.

Commencement of law

14. (1) A law of the First Nation comes into force on the day on which it is enacted, or on such day as is specified therefor by the laws of the First Nation.

Promulgation of laws

(2) The laws of the First Nation shall be published and made generally available to its citizens by any expedient means.

First Nation Money

Holding First Nation money

15. (1) First Nation money is money held by the First Nation for the use and benefit of the First Nation and may be held only in the following forms:

(a) deposits in financial institutions;

(b) treasury bills;

(d) guaranteed investment certificates;

(e) bonds; and

(f) cash.

Classification of moneys

(2) First Nation money is classified as capital and revenue.

Capital

(3) Capital consists of the following moneys:

(a) the capital funds transferred from the Government of Canada;

(b) the proceeds of the sale of any lands of the First Nation;

(d) proceeds, including royalties, from the sale of non-renewable resources.

Revenue

(4) Revenue consists of First Nation money that is not capital.

No longer First Nation money

(5) For greater certainty, First Nation money ceases to be First Nation money upon its investment or expenditure, unless invested in or converted to

(a) deposits in financial institutions;

(b) treasury bills;

(d) guaranteed investment certificates;

(e) bonds; or

(f) cash.

Holding by First Nation

(6) For greater certainty, money is held by the First Nation when the First Nation is vested with legal title to the money.

Spending authority

(7) The Council may only expend First Nation money or commit itself, by contract or otherwise, to expend First Nation money when the expenditure is authorized or ratified by this Constitution, a law or a Council resolution.

Validity of contracts

(8) A failure by the Council to follow the procedures prescribed by subsection (7) does not affect the validity of any contract.

Revenue expenditures

16. First Nation revenue expenditures include but are not limited to

(a) expenditures in the administration of First Nation programs and businesses, including, without restricting the generality of the foregoing: travel, promotion, professional fees, inventory purchases, accounts receivable, funding and other business expenses;

(b) expenditures by way of contributions to First Nation housing programs;

(d) expenditures for jointly funded programs;

(e) expenditures by way of supplements to First Nation programs;

(f) expenditures for economic development;

(g) expenditures for First Nation planning;

(h) expenditures for charitable donations;

(i) expenditures by way of provision for asset replacement;

(j) expenditures by way of payments made once in a lifetime, in an amount not exceeding one per capita share of the revenue held by the First Nation, to any living person whose name is deleted from the citizenship list of the First Nation;

(k) expenditures for making loans to, investments in, or contributions to corporations or trusts; and

(l) expenditures for any other purpose that in the opinion of the Council is for the benefit of the First Nation, including, without restricting the generality of the foregoing, investment.

First Nation capital

17. First Nation capital may only be expended for

(a) the construction or improvement of roads, bridges and water courses on lands of the First Nation;

(b) the construction or improvement of outer boundary fences on lands of the First Nation;

(c) the purchase of land for use by the First Nation as new lands of the First Nation or as an addition to lands of the First Nation;

(d) the purchase for the First Nation of the interest of a citizen in lands of the First Nation;

(e) the purchase of machinery and equipment for the First Nation;

(f) the construction on, or in connection with, lands of the First Nation of such improvements or works as it considers will be of permanent value to the First Nation or will constitute a capital investment;

(g) the purpose of making a once-in-a-lifetime payment to any living person whose name is deleted from the citizenship list of the First Nation in an amount not exceeding one per capita share of the capital moneys held by the First Nation;

(h) the purpose of making loans to, investments in, or contributions to, corporations or trusts;

(i) meeting expenses necessarily incidental to the management of lands of the First Nation and other First Nation property; and

(j) any other purpose that, in the opinion of the Council, is for the benefit of the First Nation and is deemed in its nature to be a capital expenditure, including, without limiting the generality of the foregoing, investment.

Unfettered discretion

18. In making investments of capital or revenue, the Council has unfettered discretion in choosing investments and is not limited to investments authorized for investment in any applicable legislation other than the laws of the First Nation and this Constitution.

Financial Accountability

Fiscal year of First Nation

19. The fiscal year of the First Nation begins on April 1 and ends on March 31 of the following year, unless otherwise provided by law.

Adoption of budget

20. (1) The First Nation, by resolution,

(a) shall, before the beginning of each fiscal year, adopt a budget for that fiscal year; and

(b) may, if it deems necessary in the course of the fiscal year, adopt supplementary budgets for that fiscal year.

Presumed budget

(2) If the First Nation fails to adopt a budget for a fiscal year before the beginning of that fiscal year, the First Nation is deemed to have adopted a budget identical to the budget and any supplementary budgets of the previous fiscal year until a new budget is adopted.

Accounts and financial records

21. (1) Books of accounts and financial records of the First Nation shall be kept by the Council and must

(a) contain, as a minimum,

(i) an account of the moneys received and disbursed,

(ii) an account of revenues and expenditures,

(iii) a record of accounts payable and receivable,

(iv) an account of assets and liabilities,

(v) an account of all other transactions of the First Nation that may affect the financial position of the First Nation, and

(vi) a separate accounting for the expenditure and balance of capital and revenue;

(b) conform with generally accepted accounting principles; and

(i) revenues and expenditures as shown in the books of accounts and financial records, and

(ii) the projected revenues and expenditures as shown in the budget and any supplementary budget.

Inspection of financial records

(2) Any citizen who

(a) is the age of 21 years,

(b) is mentally competent, and

and that citizen’s qualified legal representative and qualified accountant may inspect the budget, financial statements, the auditor’s report relating thereto and any annual report.

No right to copy

(3) A right of inspection does not include the right to take copies.

Where to inspect

(4) A right of inspection may be exercised at the office of the Council or such other place designated by law and may be exercised only during normal business hours or such other times as is provided by law.

Number of inspections

(5) A right of inspection may not be exercised more than twice in each fiscal year in addition to the right to inspect the books and records at the annual general assembly.

Fee for inspections

(6) The First Nation may charge a service fee to cover the costs of supervision during inspections provided for by subsection (2), but no fee may be charged to inspect the books and records at the annual general assembly.

Confidentiality of records

(7) All information in the financial statements, budget and auditor’s report is confidential.

Duty of Council

(8) It is the duty of the Council to obtain confidentiality agreements and give warning in large bold print in any such agreements of the specific consequence of a breach of confidence.

Preparation of financial statements

22. (1) Forthwith, but in any event no later than six months after the end of each fiscal year, the Council shall prepare a financial statement in comparative form, containing as a minimum,

(a) a balance sheet; and

(b) a statement of revenues and expenditures and a comparison of these with amounts stated in the First Nation’s budget and any supplementary budget.

Accounting principles

(2) The financial statement must conform with generally accepted accounting principles.

Separate capital and revenue accounting

(3) The financial statement must show the expenditure and balance of capital and revenue separately.

Appointment of auditor

23. (1) The Council shall appoint an auditor to audit the accounts and transactions of the First Nation.

Tenure of auditor

(2) The auditor holds office until a new auditor is appointed.

Vacancy of auditor

(3) When a vacancy occurs during the term of the auditor, the Council shall forthwith appoint a new auditor.

Independence of auditor

(4) The auditor must be independent of the First Nation and must be a member, or a partnership whose partners are members, in good standing of the Canadian Institute of Chartered Accountants or the Certified General Accountants Association of a province having a territorial link with the First Nation.

Determining independence

(5) For the purposes of this section,

(a) independence is a question of fact; and

(b) a person is deemed not to be independent if that person or that person’s business partner

(i) is a business partner, an officer or an employee of the First Nation or participates in any of its business or financial interests or is a business partner of any officer or employee of the First Nation,

(ii) beneficially owns or controls, directly or indirectly, an interest in securities of the First Nation or any of its business or financial interests, or

(iii) has been a receiver, receiver manager, liquidator, or trustee in bankruptcy of the First Nation or any of its business or financial interests within two years of the proposed appointment as auditor of the First Nation.

Disqualification

(6) Subject to subsection (9), a person is disqualified from being an auditor of the First Nation if the person ceases to be independent of the First Nation, its business or financial interests or the officers of the First Nation.

Resignation required

(7) An auditor who becomes disqualified under this section shall, subject to subsection (9), resign forthwith after becoming aware of the disqualification.

Order of court

(8) An interested person may apply to a court of competent jurisdiction for an order declaring an auditor to be disqualified under this section and the office of auditor to be vacant.

Exception to disqualification

(9) An interested person may apply to a court of competent jurisdiction for an order exempting an auditor from disqualification under this section; and the Court may, if it is satisfied that an exemption would not unfairly prejudice the First Nation, make an exemption order on any terms the Court thinks fit, which order may have retrospective effect.

Auditor’s report

24. (1) The auditor shall, within six months after the completion of the financial statement, prepare and submit to the Council a report on the First Nation’s financial statement, stating whether, in the opinion of the auditor, the financial statement presents fairly the financial position of the First Nation in accordance with generally accepted accounting principles applied on a basis consistent with that applied in the previous fiscal year.

Delay of report

(2) Where the auditor has not been able to prepare the report within the period mentioned in subsection (1), the auditor shall notify the Council of the reasons for the delay.

Duty to inform auditor

25. On demand of the auditor of the First Nation, the former auditors, or the present or former officers, employees, or agents of the First Nation shall furnish any

(a) information and explanations; and

(b) access to records, documents, books, accounts and vouchers of the First Nation that are, in the opinion of the auditor, necessary to enable the auditor to make the report required under section 24 and that the officers, employees, agents or former auditors are reasonably able to furnish.

Federal transfer payments

26. Federal transfer payments must be budgeted and accounted for, and audited, in accordance with the terms of the agreement made in respect of the transfer of the funds.

Registration of Laws

27. (1) The Council shall maintain a general register of the laws of the First Nation in which are to be kept the originals of all First Nation laws.

No invalidity

(2) No law of the First Nation is invalid by reason only of a failure to be registered in compliance with subsection (1).

Right to obtain copies

(3) A citizen is entitled to obtain a copy of a law on payment of such reasonable fee as may be fixed by the Council.

Interests in Lands of the First Nation

Protected transactions

28. (1) The following transactions involving interests in lands of the First Nation, namely,

(a) a mortgage or charge,

(b) a sale,

(d) the grant of an interest for a term exceeding ninety-nine years, and

(e) the grant to a citizen of any interest other than a grant for personal residential purposes,

require approval by a majority of eighty per cent of the votes cast by electors of the First Nation voting on a referendum held for the purpose of approving any of these transactions and in which a majority of the electors participate.

Authorizing transactions

(2) Subject to subsection (1), the Council may by resolution authorize the granting of leases, licenses, permits, easements, rights of way, or any other interests in or to the use of lands of the First Nation.

SCHEDULE II

ENUMERATED LEGISLATIVE POWERS

1. Elections and referendums.

2. Practice and procedures of the First Nation.

3. Exercise of the First Nation’s powers.

4. The internal management of the First Nation.

5. Lands of the First Nation.

6. Property and money of the First Nation.

7. The raising of money for the purposes of the First Nation by any means, including taxation.

8. The diversion and application of moneys payable by the First Nation to a citizen.

9. Businesses, trades, occupations and professions.

10. Health and hygiene.

11. Solemnization of marriage.

12. Social and welfare matters.

13. Adoption of children of and by citizens whether or not the children are resident on the lands of the First Nation.

14. Custody and placement of children of citizens, whether or not the children are resident on the lands of the First Nation.

15. Administration of moveable property, wherever situated, and of interests in lands of the First Nation, of persons who being minors or dependent adult persons are ordinarily resident on lands of the First Nation and are citizens or minor children of citizens.

16. Devolution, by will or intestate succession, of interests in lands of the First Nation and the personal property, wherever situated, of persons who are ordinarily resident on lands of the First Nation; and with respect to that interest and property, jurisdiction and authority over the validity, construction and proof of wills, the administration of estates and all matters and causes testamentary.

17. Education of citizens wherever resident and other persons resident on lands of the First Nation.

18. The environment.

19. Utilities and services.

20. Transportation.

21. Traffic.

22. Observance of law and order, public order, safety and security.

23. Trespass and nuisance.

24. Culture, customs and traditions.

25. Public games, sports and amusements.

26. Recreation.

27. Natural resources.

28. Infrastructure.

29. Animals.

30. Weapons.

31. Intoxicants.

32. Local institutions.

33. Trusts held for the benefit of citizens and the variation of any such trusts wherever the trusts or the citizens are situated.

34. The establishment of offenses and the penalties therefor.

35. The administration of justice, including the establishment and designation of courts and tribunals of criminal and civil jurisdiction.

36. The creation of bodies corporate and politic to carry out government, administrative, education, health or other functions.

37 .The creation, operation and governance of companies, whether as bodies corporate, partnerships or any other organizational form, to carry on business on the lands of the First Nation.

38. Any other matters, activities or things relating to the First Nation, its citizens, lands of the First Nation, moneys, property and other tribal patrimony.

Published under authority of the Senate of Canada

Table of Contents

statement of purposes