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Bill C-61

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First Reading

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	Offences
Contraven- tion of band laws	19. (1) A band law may provide that a contravention of any of its provisions constitutes an offence punishable on summary conviction by a fine not exceeding $10,000 or a term of imprisonment not exceeding three months, or by both.
Protection of environment	(2) Notwithstanding subsection (1), an offence for the contravention of any provision of a band law that is intended to prevent adverse effects on the environment may be made punishable by a fine not exceeding $300,000 or a term of imprisonment not exceeding six months, or by both.
Power to restrain	20. A band law may provide that, where an offence is committed against a band law, the court in which the conviction is entered and subsequently any other court of competent jurisdiction may make an order prohibiting the continuation or repetition of the offence by the person convicted, in addition to any penalty imposed under that law.
Notices of violation	21. (1) A peace officer or a band enforcement officer designated under section 23 who believes on reasonable grounds that an offence against a band law has been committed may issue to the accused a notice of violation requiring the accused to pay, at the offices of the band, a fine in an amount set out in the notice.
Contents of notice	(2) A notice of violation issued under subsection (1) shall specify
	(a) the charge against the accused;
	(b) the period within which and the manner by which payment may be made;
	(c) the address of the offices of the band at which payment may be made; and
	(d) the consequences of payment and of not making payment, including the issuance of a summons or other process.
Payment	(3) On payment of a fine within the period and in the manner set out in a notice of violation, no further action may be taken against the accused in respect of the offence.
Agreements with provincial authorities	(4) A band may enter into an agreement with a competent authority of the province in which the band's reserve is located regarding the use, for the purposes of this section, of a notice of violation referred to in subsection (1) or of any ticket or other writ or process for originating a proceeding established by or under the laws of the province, in which case the procedures applicable to proceeding by way of such a ticket, writ or process shall apply.
Disposition of fines and property	22. (1) Subject to any agreement entered into under subsection 21(4), any fine paid by a person convicted of an offence under a band law, and any property forfeited pursuant to such a conviction, shall be paid or transferred to the council of the band in whose reserve the offence was committed.
Not public moneys	(2) Any moneys paid pursuant to subsection (1) are deemed not to be public moneys for the purposes of the Financial Administration Act.
	Inspection and Search
Designation of band enforcement officers	23. (1) The council of a band may, for purposes of the enforcement of band laws, designate any person as a band enforcement officer and shall furnish each person so designated with a certificate of designation specifying the provisions of band laws for which the officer is designated.
Production of certificate	(2) In carrying out duties and functions under this Act in any place or in respect of any goods, a band enforcement officer shall, on request, produce the certificate of designation to the individual appearing to be in charge of the place or the goods.
Powers of band enforcement officers	24. (1) A band enforcement officer may, for the purpose of verifying compliance with a band law,
	(a) enter any place on the band's reserve, other than living quarters, and carry out any inspection that the officer considers necessary; and
	(b) require any person appearing to be in charge of the place to produce any document for inspection or for the purpose of making copies or extracts.
Operation of computers and copying equipment	(2) In carrying out an inspection of a place, a band enforcement officer may
	(a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;
	(b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and
	(c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.
Duty to assist officers	25. The owner or person who is in possession or control of a place that is inspected under section 24, and every person who is found in the place, shall
	(a) give the band enforcement officer all reasonable assistance to enable the officer to carry out the inspection and exercise any power conferred by that section; and
	(b) provide the officer with any information relevant to the administration of a band law that the officer may reasonably require.
Search by warrant	26. (1) A band enforcement officer to whom a warrant has been issued under subsection (3) may, at any reasonable time, search any place on the band's reserve if the officer believes on reasonable grounds that there is in the place
	(a) anything on or in respect of which an offence under a band law is being or has been committed; or
	(b) anything that will afford evidence with respect to the commission of an offence under a band law.
Seizure	(2) A band enforcement officer may seize anything found in the course of a search that the officer believes on reasonable grounds is a thing referred to in paragraph (1)(b).
Application for warrant	(3) A justice of the peace may issue a warrant authorizing a band enforcement officer to carry out a search on the band's reserve, subject to any conditions that may be specified in the warrant, where on ex parte application the justice is satisfied by information on oath that the circumstances set out in subsection (1) exist.
Use of force	(4) In executing a warrant, a band enforcement officer shall not use force unless the use of force is specifically authorized in the warrant and the officer is accompanied by a peace officer.
Search without warrant	27. (1) Subject to subsection (2), a band enforcement officer may exercise the powers described in subsection 26(1) without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain one.
Living quarters	(2) A band enforcement officer may not search living quarters without a warrant unless the officer first obtains the consent of the occupant.
Powers during search	28. In carrying out the search of a place under section 26 or 27, a band enforcement officer may exercise the powers described in section 24.
Rights of passage	29. A band enforcement officer and any person accompanying the officer may enter on and pass through or over private property while carrying out an inspection or search under this Act.
	PART 3
	GENERAL
	Registries of Codes and Laws
Band registry	30. (1) A band shall maintain at its principal administrative office a band registry containing its codes and all laws made by its council under this Act to which all persons have reasonable access during normal business hours.
National registry	(2) The Minister shall provide for the establishment of a national registry of codes and laws made under this Act to which all persons have reasonable access during normal business hours.
Deposit of codes and laws	(3) On the adoption of a code or the making of a law under this Act, the original shall be deposited in the band registry and the date of deposit endorsed on it, and a copy, certified to be a true copy by a person designated by the band, shall be delivered to the national registry within 14 days after the adoption of the code or making of the law.
Commenceme nt of code or law	(4) A code or a band law made under this Act comes into force at the beginning of the day following the day it is deposited in the band's registry, or at such later time as is specified in the code or law.
Certified copies made available	(5) At the request of any person and on payment of a reasonable fee, a band shall provide a copy of any code or law of the band certified to be a true copy by a person designated by the band.
Proof	(6) In the absence of evidence to the contrary, a certified copy of a code or band law is proof of the original deposited in the band registry and the date of its deposit, without proof of the signature or official character of the person appearing to have certified the copy.
Judicial notice	(7) In any proceedings, judicial notice may be taken of a code or a band law made under this Act.
Statutory Instruments Act	(8) The Statutory Instruments Act does not apply in respect of codes and band laws made under this Act.
	Regulations and Orders
Adoption of codes	31. The Governor in Council may make regulations respecting the adoption of a code by a band under section 4, including procedures for the holding of votes.
Regulations applicable in absence of code	32. (1) The Governor in Council may make regulations providing for the matters with respect to which a code may be adopted under section 5, 6 or 7, other than paragraph 5(2)(b).
Election appeals	(2) Regulations made under subsection (1) that establish a process for appealing the results of elections of members of councils must provide that an appeal be heard by the Minister.
Other regulations	33. The Governor in Council may make other regulations to carry out the purposes and provisions of this Act, other than regulations respecting matters in relation to which laws may be made under section 16 or 17.
Pending self-governme nt agreements	34. The Governor in Council may, by order made during the period of two years beginning on the coming into force of section 4, exempt any band from the application of this Act or any of its provisions for a period specified in the order to facilitate the negotiation or ratification of a final agreement on self-government.
	Non-application
For greater certainty	35. For greater certainty, this Act does not apply to
	(a) a band, as defined in subsection 2(1) of the Cree-Naskapi (of Quebec) Act, except as provided in that Act;
	(b) the Nisga'a Nation, within the meaning of the Nisga'a Final Agreement Act;
	(c) the Band, as defined in subsection 2(1) of the Sechelt Indian Band Self-Government Act; or
	(d) a first nation, as defined in section 2 of the Yukon First Nations Self-Government Act.
	PART 4
	TRANSITIONAL PROVISIONS, RELATED AMENDMENTS AND COMING INTO FORCE
	Transitional Provisions
Grace period	36. Regulations made under section 32 do not apply to a band until two 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.
Continuation of existing by-laws	37. (1) Any by-law made by a band under the Indian Act that is in force immediately before the coming into force of section 53 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.
Deposit in registries	(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.
Continuation of existing councils	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.
Continuation of existing council	(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.
Review mechanism	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.
Deficit recovery	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.
Intervention	(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.