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

Act current to 2016-06-21 and last amended on 2014-05-15. Previous Versions

Head Office of Band

Marginal note:Head office of band

 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.

Band Council

Marginal note:Band council

 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

 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

 A council shall act by resolution, except where required to act by by-law.

Marginal note:Chief

 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
  •  (1) In each band, one councillor shall hold office as deputy chief in accordance with an election by-law made under section 64 or in accordance with regulations made under paragraph 67(1)(a).

  • 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.

Council Meetings

Marginal note:Council meetings

 By-laws may be enacted or resolutions adopted only at council meetings.

Marginal note:Use of Cree or Naskapi language at council meetings

 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
  •  (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
  •  (1) Except as provided in subsection (2), a quorum of a council consists of a majority of the number of positions of council member, subject to subsection 38(5).

  • Marginal note:Idem

    (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
  •  (1) The chief or, in his absence, the deputy chief shall act as chairman at council meetings.

  • Marginal note:Idem

    (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.

Marginal note:Voting
  •  (1) The approval of any matter by a council requires the affirmative votes of the majority of the council members present when the vote is taken, subject to subsection (2) and subsection 38(5).

  • Marginal note:Idem

    (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
  •  (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
  •  (1) A council shall meet at least once in every calendar quarter.

  • Marginal note:Meetings public

    (2) Subject to subsection (3), council meetings shall be open to the public.

  • Marginal note:Decorum

    (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
  •  (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.

  • Marginal note:Idem

    (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

    • (a) determining a quorum under subsection 33(1) or (2); and

    • (b) determining a majority under subsection 35(1).

  • Marginal note:Offence

    (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

 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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