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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 Bodies, Officers, Employees and Agents

Marginal note:Bodies, officers, employees and agents

  •  (1) The band, by resolution or by-law,

    • (a) shall appoint a band secretary and a band treasurer and fix their remuneration;

    • (b) may prescribe duties for the band secretary and band treasurer in addition to the duties described in sections 42 and 43; and

    • (c) may appoint or engage or provide for the appointment or engagement of such bodies and such officers, in addition to the band secretary and band treasurer referred to in paragraph (a), employees or agents as are necessary for the proper conduct of the affairs of the band, and shall prescribe the duties and fix the remuneration of any body or person so appointed or engaged.

  • Marginal note:Multiple office-holders

    (2) A person may hold concurrently more than one office referred to in subsection (1).

  • Marginal note:Employment agreements

    (3) The band may enter into employment agreements with its officers and employees.

  • 1984, c. 18, s. 41
  • 2018, c. 4, s. 122(E)

Marginal note:Duties of band secretary

  •  (1) The band secretary is responsible for

    • (a) the safekeeping of all the books, records and documents of the band; and

    • (b) the preparation of the minutes of all council meetings and band meetings.

  • Marginal note:Secretary may certify band documents

    (2) The band secretary has the power to issue certified copies of any by-law or resolution of the band, and of minutes of council meetings, special band meetings and ordinary band meetings of the band.

  • Marginal note:Exercise of secretary’s powers

    (3) The powers referred to in subsection (2) may also be exercised by the chief and by any other person designated by by-law of the band.

Marginal note:Duties of band treasurer

 The band treasurer is the chief financial officer of the band, and is responsible for the receipt and deposit of band moneys and for all aspects of the financial administration of the band.

  • 1984, c. 18, s. 43
  • 2018, c. 4, s. 29(E)

Marginal note:Return of band property

  •  (1) Where a person who is a council member, officer or employee of the band ceases, for any reason, to hold office as such, he shall forthwith return to the band any money, keys, books, documents, records or other property of the band that is in his possession by virtue of that office.

  • Marginal note:Failure to comply

    (2) Any person who fails to comply with subsection (1) is guilty of an offence.

  • 1984, c. 18, s. 44
  • 2018, c. 4, s. 122(E)

By-laws Respecting Local Government

Marginal note:Power to make by-laws respecting local government

  •  (1) Subject to this section, the band may make by-laws of a local nature for the good government of its Category IA-N land and of the inhabitants of such land, and for the general welfare of the members of the band, and, without limiting the generality of the foregoing, may make by-laws respecting

    • (a) the administration of band affairs and the internal management of the band;

    • (b) the regulation of buildings for the protection of public health and safety, including the construction, maintenance, repair and demolition of buildings;

    • (c) health and hygiene, including

      • (i) the prevention of overcrowding of residences,

      • (ii) the sanitary condition of public and private property,

      • (iii) the control or prohibition of activities or undertakings that constitute a danger to public health,

      • (iv) the construction, operation and regulation of waste disposal systems and the collection, removal and disposal of waste generally, and

      • (v) subject to the laws of the Province, the establishment, maintenance and operation of cemeteries;

    • (d) public order and safety, including

      • (i) the establishment, maintenance and operation of fire departments,

      • (ii) the discharge of firearms or of arms discharged by compressed air or any other means,

      • (iii) the keeping of animals,

      • (iv) curfews,

      • (v) the prohibition of the sale or exchange of alcoholic beverages,

      • (vi) the possession or consumption of alcoholic beverages in public places, and

      • (vii) the control of public games, sports, races, athletic contests and other amusements;

    • (e) the protection of the environment, including natural resources;

    • (f) the prevention of pollution;

    • (g) the definition of nuisances and the control and prohibition of nuisances;

    • (h) the taxation for local purposes, otherwise than by means of an income tax,

      • (i) of interests in its Category IA-N land, except those of Canada and Quebec, and

      • (ii) of occupants and tenants of its Category IA-N land, except Canada and Quebec,

      subject to subsections (2) and (3) and subject to and in accordance with regulations made under subsection (4);

    • (i) subject to subsection (5), the establishment, maintenance and operation of local services, including services relating to water, sewers, fire protection, recreation, cultural activities, roads, garbage removal and disposal, lighting, heating, power, transportation, communication or snow removal, and respecting user charges for any such service;

    • (j) roads, traffic and transportation, including

      • (i) the operation and speed of vehicles,

      • (ii) the maintenance, construction and operation of roads,

      • (iii) the regulation of traffic of all kinds,

      • (iv) the transportation of dangerous substances, and

      • (v) the establishment, maintenance and operation of wharves, harbours, drydocks and other landing places;

    • (k) the operation of businesses and the carrying on of trades; and

    • (l) parks and recreation.

  • Marginal note:Taxation by-laws

    (2) The band

    • (a) may not make taxation by-laws other than those described in paragraph (1)(h); and

    • (b) may not make by-laws under paragraph (1)(h) until there are in force regulations made under subsection (4).

  • Marginal note:Idem

    (3) A by-law made under paragraph (1)(h) must be approved by the electors of the band at a special band meeting or referendum at which at least ten per cent of the electors of the band voted on the matter.

  • Marginal note:Regulations respecting taxation power

    (4) The Governor in Council may make regulations respecting the exercise, pursuant to paragraph (1)(h), of the band’s power of taxation, including, without restricting the generality of the foregoing, regulations respecting

    • (a) assessments and the determination of tax rates;

    • (b) contestation of assessments;

    • (c) collection of taxes;

    • (d) contestation of taxation; and

    • (e) enforcement procedures.

  • Marginal note:User charge by-laws

    (5) A by-law described in paragraph (1)(i) respecting a user charge for a service may differentiate on an equitable basis between different categories of users and different categories of land that benefit from the service, but

    • (a) may not delegate to anyone the power to prescribe user charges or user charge rates but must itself prescribe the user charges or the user charge rates; and

    • (b) may not prescribe user charges or user charge rates that exceed the total actual or anticipated cost of providing the service.

  • Marginal note:Payment in forms other than money

    (6) The band may accept payment of a tax referred to in paragraph (1)(h) or a user charge referred to in paragraph (1)(i) in a form other than money.

  • 1984, c. 18, s. 45
  • 2018, c. 4, ss. 30, 122(E), 123

Marginal note:By-laws re land and resource use and planning

  •  (1) The band may make by-laws respecting land and resource use and planning, including, without limiting the generality of the foregoing, by-laws respecting

    • (a) the inventory, use and management of its Category IA-N land and the natural resources thereof;

    • (b) the adoption of land use plans and resource use plans in relation to its Category IA-N land; and

    • (c) use permits relating to its Category IA-N land and buildings located thereon, and the conditions relating to the issuance, suspension or revocation of such permits.

  • Marginal note:Where plan approved by electors

    (2) Where a land use plan or resource use plan adopted pursuant to subsection (1) has been approved by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter, any by-law or resolution of the band, whether made or adopted previously or subsequently, that is inconsistent with such land use plan or resource use plan is inoperative to the extent of the inconsistency.

  • 1984, c. 18, s. 46
  • 2018, c. 4, s. 31

Marginal note:Zoning by-laws

  •  (1) The band may make by-laws respecting zoning, including, without limiting the generality of the foregoing, by-laws respecting

    • (a) the division of all or part of its Category IA-N land into zones for the purpose of regulating the use of the land, natural resources thereof, and buildings; and

    • (b) the implementation of a land use plan or resource use plan referred to in subsection 46(1) that was approved by the electors of the band under subsection 46(2).

  • Marginal note:Approval of band electors required

    (2) A zoning by-law other than one described in paragraph (1)(b) is subject to the approval of the electors of the band at a special band meeting or referendum at which at least fifteen per cent of the electors vote on the matter.

  • 1984, c. 18, s. 47
  • 2018, c. 4, ss. 122(E), 123

Marginal note:By-laws on hunting, fishing, trapping, wildlife protection

  •  (1) Subject to this section, the band may make by-laws respecting hunting, fishing and trapping and the protection of wildlife, including, without limiting the generality of the foregoing, by-laws respecting

    • (a) the exercise of the right to harvest referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec);

    • (b) matters described in sections 85 and 86 of that Act;

    • (c) residence requirements relating to sport hunting and sport fishing by persons other than Naskapi beneficiaries, as contemplated by section 37 of that Act; and

    • (d) the right of persons of Naskapi ancestry to harvest for personal use, as contemplated by section 38.1 of that Act.

  • Marginal note:Proposed by-laws to be submitted to Coordinating Committee

    (2) Subject to subsection (3), a copy of each by-law described in subsection (1) that a band proposes to make shall, a reasonable period of time before its enactment, be submitted by the band to the Coordinating Committee referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec), in order to enable that Committee to make representations to the band with respect thereto, but the band is not bound by any such representations.

  • Marginal note:Exceptions

    (3) Subsection (2) does not apply in respect of a proposed by-law that

    • (a) has previously been submitted to the Coordinating Committee pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or

    • (b) makes no substantive change to an existing by-law.

  • Marginal note:Approval of band electors required

    (4) A by-law described in subsection (1) is subject to the approval of the electors of the band at a special band meeting or referendum at which at least ten per cent of the electors vote on the matter.

  • Marginal note:Minister may disallow certain by-laws

    (5) A by-law described in paragraph (1)(b) shall come into force on the day on which a copy thereof, certified by the band secretary, is received by the Minister, but the Minister may disallow the by-law at any time within ninety days after receiving it.

  • 1984, c. 18, s. 48
  • 2018, c. 4, ss. 32, 122(E)

Marginal note:By-laws — ticketing scheme

  •  (1) The band may make by-laws respecting the establishment of a ticketing scheme governing proceedings, commenced by means of a ticket, in respect of the contravention of any by-law of the band indicated in those by-laws.

  • Marginal note:Agreement with Government of Quebec

    (2) By-laws may be made under subsection (1) only if an agreement is entered into between the band and the Government of Quebec.

  • 2018, c. 4, s. 33

Procedure for Making By-Laws and Resolutions

Marginal note:Approval by band electors may be stipulated

 Where a by-law or resolution is not required by this Act to be approved by the electors of the band, the by-law or resolution may nevertheless provide that it does not come into force unless approved by the electors of the band at a special band meeting or referendum at which the minimum percentage of electors specified in the by-law or resolution vote on the matter.

Marginal note:Original to be signed

  •  (1) The original copy of any by-law of the band must be signed by the band secretary or such other person as is designated by by-law.

  • Marginal note:Minutes of council meetings

    (2) The minutes of a meeting of the band council are not valid unless adopted by the council by resolution and signed by

    • (a) the chairman of the meeting at which they are adopted; and

    • (b) the band secretary or such other person as is designated by by-law.

  • Marginal note:Where approval of band electors required

    (3) Where a by-law or resolution is required to be approved by the electors of the band at a special band meeting or referendum, the band secretary

    • (a) in the case of a by-law, shall attach to the original copy of the by-law a statement signed by him indicating the date when such approval was given; or

    • (b) in the case of a resolution, shall cause a statement signed by him indicating the date when such approval was given to be recorded in the minutes of the first council meeting following such approval.

  • Marginal note:Non-compliance

    (4) Non-compliance with this section does not invalidate a by-law or resolution.

  • 1984, c. 18, s. 50
  • 2018, c. 4, ss. 34, 122(E)
 
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