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Marginal note:Tenure of office

• 78 (1) Subject to this section, the chief and councillors of a band hold office for two years.

• (2) The office of chief or councillor of a band becomes vacant when

  • (a) the person who holds that office

    • [...]

    • (iii) is or becomes ineligible to hold office by virtue of this Act; or

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• Marginal note:Special election

  (4) Where the office of chief or councillor of a band becomes vacant more than three months before the date when another election would ordinarily be held, a special election may be held in accordance with this Act to fill the vacancy.

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Marginal note:Courts may exercise jurisdiction with consent of Minister

• 44 (1) The court that would have jurisdiction if a deceased were not an Indian may, with the consent of the Minister, exercise, in accordance with this Act, the jurisdiction and authority conferred on the Minister by this Act in relation to testamentary matters and causes and any other powers, jurisdiction and authority ordinarily vested in that court.

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• Marginal note:Orders relating to lands

  (3) A court that is exercising any jurisdiction or authority under this section shall not without the consent in writing of the Minister enforce any order relating to real property on a reserve.

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Marginal note:Relief

52.4 Where, in a proceeding in respect of the share of a distribution under paragraph 64(1)(a) or of money belonging to an infant child that was paid pursuant to section 52.1, 52.2 or 52.3, it appears to the court that the Minister, the band, its council or a member of that council acted honestly and reasonably and ought fairly to be relieved from liability in respect of the payment, the court may relieve the Minister, band, council or member, either in whole or in part, from liability in respect of the payment.

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Marginal note:General provincial laws applicable to Indians

88 Subject to the terms of any treaty and any other Act of Parliament, all laws of general application from time to time in force in any province are applicable to and in respect of Indians in the province, except to the extent that those laws are inconsistent with this Act or the First Nations Fiscal Management Act, or with any order, rule, regulation or law of a band made under those Acts, and except to the extent that those provincial laws make provision for any matter for which provision is made by or under those Acts.

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Marginal note:Acts and proceedings validated

1 All acts committed, proceedings taken or things done or suffered under or pursuant to the provisions of the said Order in Council of the 12th July, 1906 (P.C. 1419), are hereby declared to have been valid and effective to all intents and purposes as if the said Order in Council had been lawfully made.