Marginal note:Register of by-laws
53. (1) The band secretary shall maintain a register of by-laws in which shall be kept the original copy of all by-laws of the band, including by-laws that have been repealed or are no longer in force.
Marginal note:Recording of resolutions
(2) The band secretary shall record the full text of every resolution adopted by the band in the minutes of the council meeting at which the resolution was adopted.
Marginal note:By-laws to be sent to Minister
(3) Within thirty days after the coming into force of a by-law, the band shall forward a copy thereof to the Minister.
(4) Non-compliance with this section does not affect the validity of a by-law or resolution.
Marginal note:Obtaining copies of by-laws and resolutions
54. Any person is entitled to obtain a copy of a by-law or resolution of a band on payment of such reasonable fee as is fixed by the band.
Challenges to By-Laws or Resolutions
Marginal note:Applications for quashing of by-law or resolution
55. (1) Subject to section 56, a member of a band or any other interested person may make application to the Provincial Court or Superior Court of Quebec to have a by-law or resolution of the band quashed, in whole or in part, for illegality or for irregularity in the manner or form of its enactment or adoption.
Marginal note:Exclusion of Federal Court’s jurisdiction
(2) Notwithstanding the Federal Courts Act, the Federal Court does not have the jurisdiction to hear applications described in subsection (1).
- 1984, c. 18, s. 55;
- 2002, c. 8, s. 133(E).
Marginal note:Time limit for applying
56. (1) An application made under section 55 based on an irregularity in the manner or form of the enactment of a by-law or the adoption of a resolution may not be brought after ninety days after the coming into force of the by-law or resolution.
(2) An application made under section 55 based on the illegality of the by-law or resolution may not be brought after six months after the coming into force of the by-law or resolution.
Marginal note:Subsequent actions
57. Where a by-law or resolution is quashed, any action for anything done under that by-law or resolution lies only against the band and not against any other person.
Cree Transitional Provisions
Marginal note:Existing councils of Indian Act Cree bands
58. Subject to section 59, the council of an Indian Act Cree band that is in office pursuant to the Indian Act immediately before the coming into force of this Part becomes the council of its successor band under this Act on the coming into force of this Part, and continues in office as such until the expiration of its term of office under the Indian Act or until a day two years after the coming into force of this Part, whichever occurs first.
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