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Bill C-7

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	(d) the lending of band funds to members of the band and other persons, the making of loan guarantees by the band to persons other than members, and the repayment and collection of funds loaned;
	(e) the remuneration of members of the council and employees of the band;
	(f) the incurring of debt by the band and debt management;
	(g) the management of and limitations on the band's deficit; and
	(h) the establishment of a procedure for amending the code.
	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, or a person or body designated by the Minister , may at any time carry out an assessment of a band's financial position and, if the Minister considers it necessary, the Minister may 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 body to consider fairly and expeditiously any complaint by a member of the band or a resident of the reserve
	(a) alleging the contravention or the unfair or improper application - by the council, a member of the council or an employee of the band - of this Act , a code, regulations made under section 32 or a band law made under section 18 ; or
	(b) contesting any decision made - by the council, a member of the council or an employee of the band - against the member of the band or resident of the reserve in the exercise of a discretionary power.
Determination and order	(2) A band law referred to in subsection (1) shall confer on the authorized person or body the power,
	(a) after considering a complaint described in paragraph (1)(a) , to determine whether there was a contravention or an unfair or improper application of this Act, a code, regulations made under section 32 or a band law made under section 18 and, if so, order the council, member or employee to take any measures necessary to rectify it ; or
	(b) after considering a complaint described in paragraph (1)(b) , to order the council, the member or the employee to reconsider their decision.
Complaint against member of council	(2.1) A band law referred to in subsection (1) may confer on the authorized person or body the power, after considering a complaint, to
	(a) where the complaint relates to the conduct of an election of a member of the council, set aside the election of that member; or
	(b) order that the member of the council be removed from office, where there was a contravention consisting of conduct that is a ground for removal from office.
Decision in writing to parties	(3) A determination made under this section shall, within 45 days after it is made, 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 right of appeal is provided by a code, regulations made under section 32, a land code adopted under the First Nations Land Management Act or a first nation law enacted under that Act .
	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, provided that the band makes available to the particular member the evidence of such debt accrued and the terms of repayment, 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 applicable on reserve	16. (1) The council of a band may make laws, 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 and the charging of fees for those services ;
	(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 grounds for and 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.
Disposal of waste	(3) Notwithstanding subsection (2), while a band law is in force in relation to the disposal of waste on reserve lands, regulations made under the Indian Act or this Act respecting the disposal of waste do not apply in respect of those lands.
Laws re resources and entitlements	17. (1) The council of a band may make laws 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 soil, sand, gravel, clay, marl, peat, timber, mushrooms, plants and plant products ;
	(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.
Disposition of timber	(3) Notwithstanding subsection (2), while a band law in relation to the disposition of timber from reserve lands is in force, regulations respecting the cutting of timber made under section 57 of the Indian Act do not apply in respect of those lands.
Disposition of resources	(4) Notwithstanding subsection (2), while a band law is in force that relates to the disposition from reserve lands of soil, sand, gravel, clay, marl, peat, timber, mushrooms, plants or plant products, subsection 58(4) of the Indian Act does not apply in respect of their disposition from those lands.
Removal of resources	(5) Notwithstanding subsection (2), while a band law is in force that relates to the removal from reserve lands of a resource referred to in section 93 of the Indian Act, that section does not apply in respect of its removal from those lands or its possession.
Trespassing	(6) Notwithstanding subsection (2), while a band law is in force that relates to trespassing on the band's reserve, section 30 and paragraph 31(1)(c) of the Indian Act do not apply in respect of that reserve.
Moneys derived from resources	(7) Moneys derived from the disposition under a band law of a resource referred to in subsection (4) are not Indian moneys for the purposes of the Indian Act or public money for the purposes of the Financial Administration Act.
Laws re inspections	17.1 A band law made under section 16 or 17 for the regulation of an activity on reserve lands may provide for the inspection by a band enforcement officer of any place on reserve lands in which that activity is carried on.
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.

Bill C-7

Financial Management

Complaints and Redress

Band Government Operations

PART 2

POWERS OF BAND COUNCILS

Legal Capacity

Law-making Powers