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Naskapi and the Cree-Naskapi Commission Act (S.C. 1984, c. 18)

Act current to 2021-11-17 and last amended on 2019-07-15. Previous Versions

PART ILocal Government (continued)

Band Name (continued)

 [Repealed, 2018, c. 4, s. 12]

Marginal note:Change of band name

  •  (1) The band may, by by-law approved by the electors of the band at a special band meeting or referendum at which at least 5% of the electors voted on the matter, change its English, French or Naskapi name, but no such by-law is valid unless approved by the Governor in Council.

  • Marginal note:Effective date of by-law

    (2) A by-law made under subsection (1) and approved by the Governor in Council takes effect on the date of its publication in the Canada Gazette or on such later date as is specified in the by-law.

  • 1984, c. 18, s. 16
  • 2018, c. 4, s. 13

Membership of Band

 [Repealed, 2018, c. 4, s. 14]

 [Repealed, 2018, c. 4, s. 14]

 [Repealed, 2018, c. 4, s. 14]

Marginal note:Membership of band

 The members of the band are the Naskapi beneficiaries.

  • 1984, c. 18, s. 20
  • 2018, c. 4, s. 14

Marginal note:Special provision for Indians who are not Naskapi beneficiaries

 A person who, immediately before the coming into force of this Part, was a member of the Indian Act Naskapis de Schefferville band but was not a Naskapi beneficiary

  • (a) shall be deemed to be a member of the band for the purposes of paragraph 21(f), section 45, subsection 55(1), paragraphs 90(2)(a) and (b) and subsections 94(3) and (4) and 103(1);

  • (b) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 63, subparagraph 66(1)(a)(i) and sections 68 and 75, but is not eligible to be elected chief of the band; and

  • (c) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 81, except where the matter submitted to a vote is a matter referred to in Part VI, VII, VIII or IX.

  • 1984, c. 18, s. 20.1
  • 2018, c. 4, s. 15

Objects and Powers of Band

Marginal note:Objects of band

 The objects of the band are

  • (a) to act as the local government authority on its Category IA-N land;

  • (b) to use, manage, administer and regulate its Category IA-N land and the natural resources thereof;

  • (c) to control the disposition of rights and interests in its Category IA-N land and in the natural resources thereof;

  • (d) to regulate the use of buildings on its Category IA-N land;

  • (e) to use, manage and administer its moneys and other assets;

  • (f) to promote the general welfare of the members of the band;

  • (g) to promote and carry out community development and charitable works in the community;

  • (h) to establish and administer services, programs and projects for members of the band and other residents of Category IA-N land and residents of the Category III land referred to in paragraph 6(b);

  • (i) to promote and preserve the culture, values and traditions of the Naskapi; and

  • (j) to exercise the powers and carry out the duties conferred or imposed on the band or on its predecessor Indian Act band by any Act of Parliament or regulations made thereunder, and by the Northeastern Quebec Agreement.

  • 1984, c. 18, s. 21
  • 2018, c. 4, s. 17

Marginal note:Legal capacity of bands

  •  (1) The band has, subject to this Act and the regulations, the capacity, rights, powers and privileges of a natural person.

  • Marginal note:Restriction on band’s commercial activities

    (2) The band shall not engage, directly or indirectly, in any commercial activity, except in so far as it is related to

    • (a) the management or administration of

      • (i) its Category IA-N land or the natural resources thereof, or

      • (ii) its buildings or other immovable assets on its Category IA-N land; or

    • (b) the provision of public services to or in respect of its Category IA-N land or residents thereof.

  • Marginal note:Band may own shares in corporations

    (3) Notwithstanding subsection (2), the band may own shares in corporations that carry on commercial activities.

  • 1984, c. 18, s. 22
  • 2018, c. 4, ss. 18(E), 122(E), 123

Marginal note:Band may not be continued under Canada Business Corporations Act

  • 1984, c. 18, s. 23
  • 2009, c. 23, ss. 322, 352
  • 2018, c. 4, ss. 19, 122(E), 134

Head Office of Band

Marginal note:Head office of band

 The head office of the band shall be located at such place on its Category IA-N land as is fixed by the band.

  • 1984, c. 18, s. 24
  • 2018, c. 4, s. 20

Band Council

Marginal note:Band council

 The council of the band is a continuing body consisting of the council members holding office pursuant to Part II.

  • 1984, c. 18, s. 25
  • 2018, c. 4, s. 122(E)

Marginal note:Band acts through its council

 The band shall act through its council in exercising its powers and carrying out its duties under this Act.

  • 1984, c. 18, s. 26
  • 2018, c. 4, s. 122(E)

Marginal note:Resolutions and by-laws

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

  • 1984, c. 18, s. 27
  • 2018, c. 4, s. 21(E)

Marginal note:Chief

 The chief of the band is the band’s principal representative and chief executive officer and shall perform any duties assigned to him or her by the regulations and the by-laws of the band.

  • 1984, c. 18, s. 28
  • 2018, c. 4, s. 21(E)

Marginal note:Deputy chief

  •  (1) 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.

  • 1984, c. 18, s. 29
  • 2018, c. 4, s. 22(E)

Council Meetings

Marginal note:Council meetings

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

Marginal note:Use of Naskapi language at council meetings

 In addition to any other rights relating to the use of the Naskapi language, the band may conduct its council meetings in the Naskapi language.

  • 1984, c. 18, s. 31
  • 2018, c. 4, s. 23

Marginal note:Language of by-laws and resolutions

  •  (1) A by-law or resolution of the band shall be enacted or adopted in either the English or the French language, and may also be enacted or adopted in the Naskapi language.

  • Marginal note:Versions adopted in more than one language

    (2) Where a by-law is enacted or a resolution is adopted in more than one of the English, French or Naskapi languages, all versions in which it is enacted or adopted are equally authoritative.

  • 1984, c. 18, s. 32
  • 2018, c. 4, s. 23

Marginal note:Quorum of council

  •  (1) Except as provided in subsection (2), a quorum of the 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.

  • 1984, c. 18, s. 33
  • 2018, c. 4, s. 24(E)

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 the 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.

  • 1984, c. 18, s. 35
  • 2018, c. 4, s. 25(E)

 [Repealed, 2018, c. 4, s. 26]

Marginal note:When council must meet

  •  (1) The 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.

  • 1984, c. 18, s. 37
  • 2018, c. 4, s. 27(E)

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.

  • (7) [Repealed, 2018, c. 4, s. 28]

  • 1984, c. 18, s. 38
  • 2018, c. 4, s. 28

Marginal note:By-laws respecting council meetings

 The 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.

  • 1984, c. 18, s. 39
  • 2018, c. 4, s. 122(E)

Committees of a Council

Marginal note:By-laws respecting committees

  •  (1) The band may make by-laws

    • (a) establishing such committees as the band considers necessary to assist in the administration of the affairs of the band; and

    • (b) setting out the composition and functions of such committees.

  • Marginal note:Membership of committees

    (2) By-laws made under subsection (1) may provide for the membership on committees of persons who are not council members.

  • Marginal note:Powers of committees

    (3) Committees may exercise only advisory or administrative functions and are responsible to the council for the performance of their functions.

  • 1984, c. 18, s. 40
  • 2018, c. 4, s. 122(E)
 
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