Cree-Naskapi (of Quebec) Act (S.C. 1984, c. 18)

Act current to 2014-04-02 and last amended on 2011-10-17. Previous Versions

PART IIIMEETINGS AND REFERENDA OF THE BAND

Marginal note:Who may attend band meetings

 Only electors of the band have a right to attend ordinary band meetings and special band meetings, but other persons may attend with the permission of the band.

Marginal note:Use of Cree or Naskapi language

 In addition to any other rights relating to the use of the Cree or Naskapi language, a Cree band may conduct ordinary band meetings, special band meetings and referenda in the Cree language and the Naskapi band may conduct ordinary band meetings, special band meetings and referenda in the Naskapi language.

Marginal note:Each elector may vote

 Each elector of a band is entitled to vote in respect of any matter submitted to a vote at an ordinary band meeting, special band meeting or referendum of that band.

Ordinary Band Meetings

Marginal note:Ordinary band meetings
  •  (1) A band shall hold at least one ordinary band meeting each calendar year.

  • Marginal note:By-laws respecting ordinary band meetings

    (2) A band may make by-laws respecting ordinary band meetings, including, without limiting the generality of the foregoing, by-laws respecting the calling of meetings, the conduct of meetings, quorums, voting, and the preparation and keeping of records of votes taken.

Special Band Meetings and Referenda

Marginal note:Requirements for approval of measures
  •  (1) Except as provided in subsections 75(3) and 144(1), a matter shall be deemed to have been approved by the electors of a band at a special band meeting or referendum if

    • (a) the required minimum percentage of electors voted on the matter; and

    • (b) the majority of those voting voted in favour of the matter.

  • Marginal note:Abstentions

    (2) In any vote at a special band meeting or referendum, an elector who does not cast an affirmative vote or a negative vote or who spoils his ballot shall be deemed not to have voted.

Marginal note:Notice of special band meeting or referendum

 Where a band wishes to hold a special band meeting or a referendum, it shall cause to be posted in a public place in the community, at least ten days prior to the date fixed for such meeting or referendum, a notice specifying the date, time and place of the special band meeting or referendum and containing a brief description of the matters to be decided at that special band meeting or referendum.

Marginal note:Presiding officer
  •  (1) A presiding officer shall be appointed by the band for any special band meeting or referendum.

  • Marginal note:Duties of presiding officer

    (2) A presiding officer appointed pursuant to subsection (1) is responsible for the fair and orderly conduct of the special band meeting or referendum, and for the preparation of a statement, attested to by at least one witness, certifying the results of the special band meeting or referendum.

  • Marginal note:Preservation of fair and orderly conduct

    (3) The presiding officer may take such measures as are necessary to ensure the fair and orderly conduct of a special band meeting or referendum, and may cause any person engaging in disorderly conduct to be ejected from a special band meeting.

  • Marginal note:Assistants

    (4) The presiding officer may engage such other persons as are necessary to assist him in carrying out his duties under subsections (2) and (3).