Head Office of Band
Marginal note:Head office of band
24 The head office of a band shall be located at such place on its Category IA or IA-N land as is fixed by the band.
Marginal note:Band council
25 The council of a band is a continuing body consisting of the council members holding office pursuant to Part II.
Marginal note:Band acts through its council
26 A band shall act through its council in exercising its powers and carrying out its duties under this Act.
Marginal note:Resolutions and by-laws
27 A council shall act by resolution, except where required to act by by-law.
28 The chief of a band is the principal representative and chief executive officer of that band and shall perform any duties assigned to him by the regulations and the by-laws of the band.
Marginal note:Deputy chief
Marginal note:Duties and powers of deputy chief
(2) The deputy chief shall perform the duties assigned to him by the regulations and the by-laws of the band, and, in the event that the chief is absent or incapacitated or if the office of chief is vacant, has and may exercise all the powers and duties of the chief.
Marginal note:Council meetings
30 By-laws may be enacted or resolutions adopted only at council meetings.
Marginal note:Use of Cree or Naskapi language at council meetings
31 In addition to any other rights relating to the use of the Cree or Naskapi language, a Cree band may conduct its council meetings in the Cree language and the Naskapi band may conduct its council meetings in the Naskapi language.
Marginal note:Language of by-laws and resolutions
32 (1) A by-law or resolution of a Cree band or the Naskapi band shall be enacted or adopted in either the English or the French language, and may also be enacted or adopted in the Cree language or the Naskapi language, as the case may be.
Marginal note:Where versions two or more languages
(2) Where a by-law is enacted or a resolution is adopted in more than one of the English, French, Cree or Naskapi languages, all versions in which it is enacted or adopted are equally authoritative and, where there is any inconsistency between the different versions, subsection 8(2) of the Official Languages Act applies, with such modifications as the circumstances require.
Marginal note:Quorum of council
(2) Where, at any time, vacancies on the council result in there being in office fewer council members than constitute a quorum under subsection (1), the council members remaining in office constitute a quorum, subject to subsection 38(5), for the limited purpose of enabling the council to act in a care-taker capacity until such time as enough vacancies on the council have been filled pursuant to Part II to restore the quorum referred to in subsection (1).
Marginal note:Filling of vacancies
(3) Nothing in this section shall be construed to relieve the band of its obligation to call elections as required by subsections 76(1) and (2).
Marginal note:Where general election called
(4) Notwithstanding the length of the term of office of council members fixed pursuant to section 64 or 65 and notwithstanding the band’s obligation under subsection 76(1), where a general election of the band is called, the council of the band in office immediately before the calling of that general election continues in office until the date fixed for that general election.
Marginal note:Chairmanship of meeting
(2) In the event that both the chief and deputy chief are unable to act as chairman at a council meeting, the council shall designate another councillor to so act.
(2) For the purposes of subsection (1), in any vote, where a council member present does not indicate either an affirmative vote or a negative vote or an abstention, he shall be deemed to have voted in the affirmative.
Marginal note:Where tied vote
(3) In the event of a tied vote, the chairman may, except where disqualified from voting under section 38, cast a second vote to determine the question.
Marginal note:Inuit of Fort George
36 (1) For any period during which the council of the Chisasibi Band does not include an Inuk of Fort George, the Inuit of Fort George are entitled to have one Inuk of Fort George present as an observer at meetings of the council of the Chisasibi Band.
Marginal note:Regulations respecting Inuk observer
(2) The Governor in Council may make regulations respecting the manner of selection and term and tenure of the Inuk observer referred to in subsection (1).
Marginal note:Rights of Inuk observer
(3) The Inuk observer selected pursuant to this section and the regulations shall be notified of, and has the right to attend, all council meetings, and has the right to participate in the deliberations of the council, as if he were a council member, but he does not have the right to vote.
Marginal note:When council must meet
Marginal note:Meetings public
(2) Subject to subsection (3), council meetings shall be open to the public.
(3) The chairman of a council meeting may cause to be expelled and excluded from that meeting any person whom he considers guilty of improper conduct at the meeting.
Marginal note:Conflict of interest
38 (1) A council member shall disclose to the council any pecuniary interest that he has in any matter before the council and shall not take part in deliberations of the council on that matter or vote on that matter.
Marginal note:Where disagreement
(2) Where a disagreement arises as to whether a council member has a pecuniary interest in a matter before the council, the council shall decide by vote whether the council member has such an interest, and the council member in question may not take part in that vote.
(3) Where the council decides pursuant to subsection (2) that a council member has a pecuniary interest in a matter before the council, the council member in question shall not take part in deliberations of the council on that matter or vote on that matter.
Marginal note:Where chairman is disqualified
(4) Where, pursuant to this section, the chairman is prohibited from taking part in deliberations and from voting, he may nevertheless continue to act as chairman.
Marginal note:Effect of disqualification
(5) A council member who, pursuant to this section, is disqualified from taking part in deliberations and from voting shall be considered not to be present for the purposes of
(6) A council member who contravenes subsection (1) or (3) is guilty of an offence.
Marginal note:Application of section to Inuk observer
(7) This section, in so far as it is applicable to an Inuk observer referred to in section 36, applies to such an observer as if he were a council member.
Marginal note:By-laws respecting council meetings
39 A band may make by-laws respecting procedures relating to council meetings, including, without limiting the generality of the foregoing, by-laws respecting notices of meetings, agenda, procedure at meetings and voting.
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