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Bill C-61

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Financial Management

Maintenance of accounts

8. The accounts of a band shall be maintained, and its financial statements prepared annually, in accordance with the generally accepted accounting principles of the Canadian Institute of Chartered Accountants.

Audit of financial statements

9. (1) A band's financial statements shall be audited, in accordance with the generally accepted auditing standards of the Canadian Institute of Chartered Accountants, by an independent auditor who is a member in good standing of an association of auditors incorporated under the laws of a province.

Schedule of remuneration

(2) A band's financial statements must include a schedule setting out the remuneration and expenses paid to members of the council.

Access to financial statements

(3) A band's financial statements shall be made publicly available within 120 days after the end of the fiscal year, and a copy shall be provided to any person requesting one on payment of a reasonable fee.

Financial breach and recovery plan

10. (1) In the event of a significant breach of any rule respecting the deficit or debt of a band contained in its financial management and accountability code or, in the absence of such a code, in the regulations, the council shall assess the band's financial position and develop a recovery plan for the financial management of band funds, which shall be presented to the members of the band no later than 45 days after the time the breach became known to the council.

Quarterly reports

(2) A council shall make quarterly reports to the members of the band on a recovery plan until the breach of the code or the regulations is remedied.

Ministerial assessment

(3) The Minister may carry out an assessment of a band's financial position and, if the Minister considers it necessary, require that remedial measures be taken when any of the following circumstances becomes known to the Minister:

    (a) a deterioration of the band's financial health that compromises the delivery of essential programs and services;

    (b) the failure to make financial statements publicly available within the period specified in subsection 9(3); or

    (c) the denial of an opinion, or an adverse opinion, by the band's auditor on the band's financial statements.

Complaints and Redress

Designation of authority to hear complaints

11. (1) The council of a band shall, by band law, authorize an impartial person, or an impartial body established under section 18, to consider fairly and expeditiously any complaint by a member of the band or a resident of the reserve

    (a) alleging a breach of a code by the council or an employee of the band; or

    (b) contesting any decision made against that member or resident, by the council or an employee of the band, in the exercise of a discretionary power.

Determina-
tion and order

(2) A band law referred to in subsection (1) shall confer on the authorized person or body the power, after considering a complaint, to

    (a) determine whether the alleged breach of a code occurred and, if so, order the council or employee to take any measures necessary to rectify the breach; or

    (b) order the council or the employee to reconsider their decision.

Decision in writing to parties

(3) A determination made under this section shall be provided in writing to the complainant and to every party whose act or omission is complained of.

Conflict of interest

(4) A person or member of a body authorized under subsection (1) who has a financial, familial or personal conflict of interest in relation to any complaint may not consider the complaint.

Exception

(5) A band law referred to in subsection (1) does not apply in respect of any decision from which a code provides a right of appeal.

Band Government Operations

Rules, policies and directives

12. The council of a band shall make available to members of the band and residents of its reserve all administrative rules, policies and directives of the band relating to band government operations, including programs and services offered to members and residents.

Withholding of funds

13. The council of a band may withhold from the remuneration or other moneys payable to a member of the band any debt owed to the band by the member, excluding any fine imposed for the contravention of a band law.

Limitation of liability

14. No civil proceedings lie against a member of a council or an employee of a band for anything done, or omitted to be done, during the course of the exercise or purported exercise in good faith of any power or the performance or purported performance in good faith of any duty of that person in accordance with this Act, the Indian Act, the regulations made under either Act, a code, a band law made under this Act or a by-law made under section 83 of the Indian Act.

PART 2

POWERS OF BAND COUNCILS

Legal Capacity

Capacity, rights, powers and privileges

15. (1) A band has the legal capacity, rights, powers and privileges of a natural person, including the capacity to

    (a) enter into contracts and agreements;

    (b) acquire, hold and dispose of rights and interests in property;

    (c) raise, expend, invest and borrow money;

    (d) sue or be sued; and

    (e) do anything ancillary to the exercise of its legal capacity, rights, powers and privileges.

Council acts for band

(2) A band acts through its council in exercising its legal capacity, rights, powers and privileges referred to in subsection (1).

Legal status

(3) For greater certainty, the legal capacity, rights, powers and privileges referred to in subsection (1) do not affect the legal status of a band and, in particular, do not have the effect of incorporating the band.

Interest in lands or moneys

(4) For greater certainty, nothing in this section affects the interest in reserve lands or Indian moneys held by the members of a band in common under the Indian Act or the application of that Act in respect of those lands or moneys.

Law-making Powers

Laws for local purposes

16. (1) The council of a band may make laws for local purposes, applicable on the band's reserve, in relation to

    (a) the health of residents and the prevention of injury to persons;

    (b) the prevention of damage to property;

    (c) activities in public places;

    (d) the provision of services by or on behalf of the band;

    (e) local works, public utilities and waste management;

    (f) the zoning, use and development of land and buildings on the reserve;

    (g) nuisances, including unsightly property;

    (h) the construction, maintenance, repair, alteration, removal, demolition and abandonment of buildings, other structures and infrastructure, and their use;

    (i) residential tenancies, including powers of eviction;

    (j) traffic;

    (k) the regulation of business activities;

    (l) the keeping of wild and domestic animals, except fish, and related activities;

    (m) the observance of law and order;

    (n) the prohibition of the sale, exchange, supply, manufacture, possession or use of liquids, preparations or mixtures capable of human consumption that can cause inebriation;

    (o) the issuance of licences or permits for a fee, for the purposes of band laws made under paragraphs (a) to (n); and

    (p) any matter arising out of or ancillary to the exercise of powers under this subsection.

Conflict with other laws

(2) In the event of a conflict between a law made under this section and an Act of Parliament or any regulations made under an Act of Parliament, the Act or the regulations prevail to the extent of the conflict.

Laws for band purposes

17. (1) The council of a band may make laws for band purposes in relation to

    (a) the protection and conservation of natural resources within the band's reserve and the disposition for personal and commercial use of those resources, other than wildlife, fish or resources that can only be disposed of pursuant to a surrender under the Indian Act;

    (b) the protection, conservation and management of wildlife and fish on the band's reserve;

    (c) the preservation of the culture and language of the band;

    (d) trespassing on the band's reserve or frequenting the reserve for prohibited purposes;

    (e) the residence of members of the band and other persons on the band's reserve;

    (f) the survey of reserve lands and their allotment among the members of the band, and the establishment of a register of certificates of possession and certificates of occupation relating to allotments and the setting apart of reserve lands for common use, if authority for those matters has been granted to the band under section 60 of the Indian Act;

    (g) the rights of spouses or common law partners and children who reside with members of the band on the band's reserve, with respect to any matter in relation to which the council may make laws in respect of members of the band;

    (h) authority for the Minister to make payments out of capital or revenue moneys to persons whose names have been deleted from the band list;

    (i) bringing subsection 64.1(2) of the Indian Act into effect in respect of the band;

    (j) the issuance of licences or permits for a fee, for the purposes of band laws made under paragraphs (a) to (f); and

    (k) any matter arising out of or ancillary to the exercise of powers under this subsection.

Conflict with other laws

(2) In the event of a conflict between a law made under this section and an Act of Parliament or any regulations made under this Act or the Indian Act, the Act or the regulations prevail to the extent of the conflict.

Laws re band governance

18. (1) The council of a band may make laws in relation to

    (a) the establishment of bodies, their composition, powers and duties and their relationship to the band;

    (b) the delegation to any person or body of any of the council's powers under this Act or the Indian Act, other than its powers under this section;

    (c) elections of members of the council under the band's leadership selection code, if any, or the regulations;

    (d) conflicts of interest of members of the council and employees of the band;

    (e) access to information under the control of the band, the protection of personal information under its control and access by individuals to information about themselves;

    (f) conditions under which the council may enter into commercial or other transactions; and

    (g) any matter arising out of or ancillary to the exercise of powers under this subsection.

Jointly established bodies

(2) The councils of two or more bands may make laws for the joint establishment of a body for the purposes of paragraph (1)(b) and respecting its composition, powers and duties and its relationship to those bands.

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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