Indian Band Council Procedure Regulations (C.R.C., c. 950)

Regulations are current to 2017-11-20

Indian Band Council Procedure Regulations

C.R.C., c. 950

INDIAN ACT

Regulations Respecting Procedure at Indian Band Council Meetings

Short Title

 These Regulations may be cited as the Indian Band Council Procedure Regulations.

Interpretation

 In these Regulations,

Assistant Deputy Minister

Assistant Deputy Minister means the Assistant Deputy Minister, Indian and Eskimo Affairs of the Department; (sous-ministre adjoint)

council

council means the council of a Band elected pursuant to section 74 of the Indian Act; (conseil)

Department

Department means the Department of Indian Affairs and Northern Development; (ministère)

Minister

Minister means the Minister of Indian Affairs and Northern Development; (ministre)

secretary

secretary means the person appointed by the council of a band to record the minutes of the council meetings; (secrétaire)

superintendent

superintendent means the Superintendent or Senior Field Officer of the Indian Affairs Branch in charge of the Agency, and includes the Indian Commissioner for British Columbia, all Regional Supervisors, all Assistants Indian Agency, and any other officer acting under the instructions of the Minister or the Assistant Deputy Minister. (surintendant)

Meetings of the Council

  •  (1) The first meeting of the council shall be held not later than one month after its election, on a day, hour and place to be stated in a notice given to each member of the council, and meetings shall thereafter be held on such days and at such times as may be necessary for the business of the council or the affairs of the band.

  • (2) No member of a council may be absent from meetings of the council for three consecutive meetings without being authorized to do so by the chief of the band or superintendent, with the consent of the majority of the councillors of the band.

 The chief of the band or superintendent may, at any time, summon a special meeting of the council, and shall summon a special meeting when requested to do so by a majority of the members of the council.

 The superintendent shall notify each member of the council of the day, hour and place of the meeting.

Order and Proceedings

 A majority of the whole council shall constitute a quorum, but where a council consists of nine or more members five members shall constitute a quorum.

 If no quorum is present within 1 hour after the time appointed for the meeting, the secretary shall call the roll and take the names of the members then present and the council shall stand adjourned until the next meeting.

 The chief of the band or, with the consent of the majority of the councillors present at the meeting, the superintendent shall be the presiding officer.

  •  (1) Upon a quorum being present, the presiding officer shall take the chair and call the meeting to order.

  • (2) A chairman shall be chosen

    • (a) in the absence of the chief, or

    • (b) where the superintendent is not chosen the presiding officer pursuant to section 8,

    from among the members present who shall preside during the meeting or until the arrival of the chief or until the superintendent is chosen as the presiding officer.

 The presiding officer shall maintain order and decide all questions of procedure.

 The order of business at each regular meeting shall be as follows:

  • (a) reading (correction, if any) and adoption of the minutes of the previous meeting;

  • (b) unfinished business;

  • (c) presentation and reading of correspondence and petitions;

  • (d) presentation and consideration of reports of committees;

  • (e) new business;

  • (f) hearing deputations;

  • (g) adjournment.

 Each resolution shall be presented or read by the mover, and when duly moved and seconded and placed before the meeting by the presiding officer, shall be open for consideration.

 After a resolution has been placed before the meeting by the presiding officer it shall be deemed to be in the possession of the council, but it may be withdrawn by consent of the majority of the council members present.

 When any member desires to speak, he shall address his remarks to the presiding officer and confine himself to the question then before the meeting.

 In the event of more than one member desiring to speak at one time, the presiding officer shall determine who is entitled to speak.

  •  (1) The presiding officer or any member may call a member to order while speaking and the debate shall then be suspended and the member shall not speak until the point of order is determined.

  • (2) A member may speak only once on a point of order.

 Any member may appeal the decision of the presiding officer to the council and all appeals shall be decided by a majority vote and without debate.

  •  (1) All questions before the council shall be decided by a majority vote of the councillors present.

  • (2) The presiding officer shall not be entitled to vote but whenever the votes are equal the presiding officer, other than the superintendent, shall cast the deciding vote.

 Every member present when a question is put shall vote thereon unless the council excuses him or unless he is personally interested in the question, in which case he shall not be obliged to vote.

 A member who refuses to vote shall be deemed to vote in the affirmative.

 Whenever a division of the council is taken for any purpose, each member present and voting shall announce his vote upon the question openly and individually to the council and, when so requested by any member, the secretary shall record the same.

 Any member may require the question or resolution under discussion to be read for his information at any period of the debate, but not so as to interrupt a member who is speaking.

  •  (1) The regular meetings shall be open to members of the band, and no member shall be excluded therefrom except for improper conduct.

  • (2) The presiding officer may expel or exclude from any meeting any person who causes a disturbance at the meeting.

 The council may at the first meeting thereof appoint in lieu of the committee of the whole council the following standing committees:

  • (a) Finance;

  • (b) Roads and Bridges; and

  • (c) Welfare.

 The council may appoint special committees on any matters as the interests of the band may require.

 A majority of the members of a committee shall be a quorum.

 The chief of the band shall ex officio be a member of all committees and be entitled to vote at all meetings thereof, and other members of the council may attend meetings of a committee and may with the consent of the committee take part in the discussion but shall not be entitled to vote.

 The general duties of standing and special committees are,

  • (a) to report to the council from time to time as often as the interests of the band may require, all matters connected with the duties imposed on them respectively and to recommend such action by the council in relation thereto as they may deem necessary and expedient; and

  • (b) to consider and report upon all matters referred to them by the council or by the chief of the band.

 Special meetings of committees shall be called at the request of the chairman or a majority of the committee or, in the absence of the chairman on request of the chief of the band or the superintendent.

 Any representative of the Minister present at a council meeting may

  • (a) address the council, and explain to and advise the members thereof upon their powers and duties;

  • (b) explain to and advise the members thereof upon any question of procedure; and

  • (c) give such information as may be requested by any member of the council relating to the administration of the affairs of the band.

 
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