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Marginal note:Provisions that apply to all band members

4.1 A reference to an Indian in any of the following provisions shall be deemed to include a reference to any person whose name is entered in a Band List and who is entitled to have it entered therein: the definitions band, Indian moneys and mentally incompetent Indian in section 2, subsections 4(2) and (3) and 18(2), sections 20 and 22 to 25, subsections 31(1) and (3) and 35(4), sections 51, 52, 52.2 and 52.3, subsections 58(3) and 61(1), sections 63 and 65, subsections 66(2) and 70(1) and (4), section 71, paragraphs 73(g) and (h), subsection 74(4), section 84, paragraph 87(1)(a), section 88, subsection 89(1) and paragraph 107(b).

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Marginal note:Money by-laws

• 83 (1) Without prejudice to the powers conferred by section 81, the council of a band may, subject to the approval of the Minister, make by-laws for any or all of the following purposes, namely,

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  • (e) the enforcement of payment of amounts that are payable pursuant to this section, including arrears and interest;

  • (e.1) the imposition and recovery of interest on amounts that are payable pursuant to this section, where those amounts are not paid before they are due, and the calculation of that interest;

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  • (g) with respect to any matter arising out of or ancillary to the exercise of powers under this section.

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• Marginal note:Regulations re by-laws

  (5) The Governor in Council may make regulations respecting the exercise of the by-law making powers of bands under this section.

• Marginal note:By-laws must be consistent with regulations

  (6) A by-law made under this section remains in force only to the extent that it is consistent with the regulations made under subsection (5).

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Marginal note:Protests

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• Marginal note:Protest in respect of Band List

  (2) A protest may be made under this section in respect of the Band List of a band by the council of the band, any member of the band or the person in respect of whose name the protest is made or that person’s representative.

• Marginal note:Protest in respect of Indian Register

  (3) A protest may be made under this section in respect of the Indian Register by the person in respect of whose name the protest is made or that person’s representative.

• Marginal note:Onus of proof

  (4) The onus of establishing the grounds of a protest under this section lies on the person making the protest.

• Marginal note:Registrar to cause investigation

  (5) Where a protest is made to the Registrar under this section, the Registrar shall cause an investigation to be made into the matter and render a decision.

• Marginal note:Evidence

  (6) For the purposes of this section, the Registrar may receive such evidence on oath, on affidavit or in any other manner, whether or not admissible in a court of law, as the Registrar, in his discretion, sees fit or deems just.

• Marginal note:Decision final

  (7) Subject to section 14.3, the decision of the Registrar under subsection (5) is final and conclusive.

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Marginal note:Appeal

• 14.3 (1) Within six months after the Registrar renders a decision on a protest under section 14.2,

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• Marginal note:Copy of notice of appeal to the Registrar

  (2) Where an appeal is taken under this section, the person who takes the appeal shall forthwith provide the Registrar with a copy of the notice of appeal.

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• Marginal note:Decision

  (4) The court may, after hearing an appeal under this section,

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• Marginal note:Court

  (5) An appeal may be heard under this section

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Marginal note:Band control of membership

• 10 (1) A band may assume control of its own membership if it establishes membership rules for itself in writing in accordance with this section and if, after the band has given appropriate notice of its intention to assume control of its own membership, a majority of the electors of the band gives its consent to the band’s control of its own membership.

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• Marginal note:Acquired rights

  (4) Membership rules established by a band under this section may not deprive any person who had the right to have his name entered in the Band List for that band, immediately prior to the time the rules were established, of the right to have his name so entered by reason only of a situation that existed or an action that was taken before the rules came into force.

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• Marginal note:Effective date of band’s membership rules

  (8) Where a band assumes control of its membership under this section, the membership rules established by the band shall have effect from the day on which notice is given to the Minister under subsection (6), and any additions to or deletions from the Band List of the band by the Registrar on or after that day are of no effect unless they are in accordance with the membership rules established by the band.

• Marginal note:Band to maintain Band List

  (9) A band shall maintain its own Band List from the date on which a copy of the Band List is received by the band under paragraph (7)(b), and, subject to section 13.2, the Department shall have no further responsibility with respect to that Band List from that date.

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