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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)

Procedure for Making By-Laws and Resolutions (continued)

Marginal note:Coming into force of resolutions

  •  (1) Subject to subsection (2), a resolution comes into force on the day on which it is adopted by the band or on such later day as is specified in the resolution.

  • Marginal note:Idem

    (2) Where a resolution is required to be approved by the electors of the band at a special band meeting or referendum, that resolution comes into force on the day on which such approval is given or on such later day as is specified in the resolution.

  • 1984, c. 18, s. 51
  • 2018, c. 4, s. 122(E)

Marginal note:Posting of by-laws

  •  (1) Within one week after a by-law has been enacted by the band, or has been enacted by the band and approved by the electors of the band at a special band meeting or referendum (where such approval is required), the band secretary shall post a copy of the by-law on the band’s Category IA-N land at a public place designated by the band.

  • Marginal note:Coming into force of by-laws

    (2) A by-law enacted by the band shall come into force on the day on which it is posted, whether or not it is posted within the time set out in subsection (1), or on such day, subsequent to the day on which it is posted, as may be specified in the by-law.

  • 1984, c. 18, s. 52
  • 2018, c. 4, ss. 35, 122(E)

Marginal note:Register of by-laws

  •  (1) The band secretary shall maintain a register of by-laws in which shall be kept the original copy of all by-laws of the band, including by-laws that have been repealed or are no longer in force.

  • Marginal note:Recording of resolutions

    (2) The band secretary shall record the full text of every resolution adopted by the band in the minutes of the council meeting at which the resolution was adopted.

  • Marginal note:By-laws to be sent to Minister

    (3) Within thirty days after the coming into force of a by-law, the band shall forward a copy thereof to the Minister.

  • Marginal note:Non-compliance

    (4) Non-compliance with this section does not affect the validity of a by-law or resolution.

Marginal note:Obtaining copies of by-laws and resolutions

 Any person is entitled to obtain a copy of a by-law or resolution of the band on payment of such reasonable fee as is fixed by the band.

  • 1984, c. 18, s. 54
  • 2018, c. 4, s. 122(E)

Challenges to By-Laws or Resolutions

Marginal note:Applications for quashing of by-law or resolution

  •  (1) Subject to section 56, a member of the band or any other interested person may make application to the Provincial Court or Superior Court of Quebec to have a by-law or resolution of the band quashed, in whole or in part, for illegality or for irregularity in the manner or form of its enactment or adoption.

  • Marginal note:Exclusion of Federal Court’s jurisdiction

    (2) Notwithstanding the Federal Courts Act, the Federal Court does not have the jurisdiction to hear applications described in subsection (1).

  • 1984, c. 18, s. 55
  • 2002, c. 8, s. 133(E)
  • 2018, c. 4, s. 122(E)

Marginal note:Time limit for applying

  •  (1) An application made under section 55 based on an irregularity in the manner or form of the enactment of a by-law or the adoption of a resolution may not be brought after ninety days after the coming into force of the by-law or resolution.

  • Marginal note:Idem

    (2) An application made under section 55 based on the illegality of the by-law or resolution may not be brought after six months after the coming into force of the by-law or resolution.

Marginal note:Subsequent actions

 Where a by-law or resolution is quashed, any action for anything done under that by-law or resolution lies only against the band and not against any other person.

Transitional

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

Marginal note:Existing council of Indian Act Naskapi band

 Subject to section 62, the council of the Indian Act Naskapis de Schefferville band that is in office pursuant to the Indian Act immediately before the coming into force of this Part becomes the council of the band on the coming into force of this Part, and continues in office as such until the expiration of its term of office under the Indian Act or until a day two years after the coming into force of this Part, whichever occurs first.

  • 1984, c. 18, s. 61
  • 2018, c. 4, s. 36

Marginal note:Provisions of this Act to apply

 For the transitional period described in section 61, the council has the powers and duties of a band council elected under this Act, and the provisions of this Act and the regulations apply, with such modifications as the circumstances require, to the council as if it had been elected under this Act.

  • 1984, c. 18, s. 62
  • 2018, c. 4, s. 36

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

PART IIBand Elections

Marginal note:Each elector entitled to vote

  •  (1) Subject to subsection (2), each elector of the band is entitled to vote in any election of council members held by the band, whether the election is conducted pursuant to an election by-law made under section 64 or pursuant to regulations made under paragraph 67(1)(a).

  • Marginal note:Exception

    (2) An elector who is appointed a Returning Officer or a Deputy or Assistant Returning Officer under section 71 in respect of an election is not entitled to vote in that election.

  • 1984, c. 18, s. 63
  • 2018, c. 4, s. 37

Election By-laws

Marginal note:Election by-law

 Subject to section 65 and subsection 66(1), the band may make by-laws respecting the election and term of office of its council members.

  • 1984, c. 18, s. 64
  • 2018, c. 4, s. 122(E)

Marginal note:Required minimum content of by-law

 A by-law made under section 64 shall include provision for

  • (a) the calling of elections and notices of elections;

  • (b) the number of positions of council member;

  • (c) the length of the term of office of council members;

  • (d) the method of electing council members;

  • (e) the basis on which one of the council members shall hold the office of chief;

  • (f) the basis on which one of the councillors shall hold the office of deputy chief;

  • (g) nomination procedures;

  • (h) election method and procedure; and

  • (i) the recording and certification of election results.

Marginal note:Coming into force and application of election by-law

  •  (1) A by-law made under section 64, or any amendment thereto or repeal thereof,

    • (a) does not come into force until it has been approved by

      • (i) the electors of the band at a special band meeting or referendum at which at least twenty per cent of the electors voted on the matter, and

      • (ii) the Minister; and

    • (b) applies only in respect of elections called after its coming into force.

  • Marginal note:Minister’s approval of election by-law

    (2) The Minister shall approve a by-law made under section 64 if it

    • (a) is within the power of the band under section 64; and

    • (b) includes provision for the matters listed in section 65.

  • Marginal note:Where Minister disallows by-law

    (3) Where the Minister disallows an election by-law, he shall forthwith inform the band in writing of the reasons why, in his opinion, the by-law does not meet the requirements mentioned in paragraphs (2)(a) and (b).

  • Marginal note:Where Minister deemed to have approved by-law

    (4) The Minister shall be deemed to have approved an election by-law if he does not, within thirty days of receiving a copy thereof, either approve or disallow it.

Marginal note:Regulations respecting elections

  •  (1) The Governor in Council may make regulations

    • (a) respecting the election of council members and their term of office, including the matters listed in section 65; and

    • (b) prohibiting acts that are detrimental to the conduct of free and fair elections.

  • Marginal note:Application of regulations

    (2) The regulations made under paragraph (1)(b) apply to all elections, but those made under paragraph (1)(a) apply only where, at the time of the calling of the election, there was not in force an election by-law made under section 64.

Eligibility to be Elected and to Serve as Council Member

Marginal note:Eligibility to be elected council member

 Any elector of the band is eligible to be elected to the office of council member of the band unless he or she

  • (a) has been convicted of contravening a regulation made under paragraph 67(1)(b) within the two year period preceding the date fixed for the holding of the election for that office or, where the most recent election for that office took place before that two year period, in respect of the most recent election for that office;

  • (b) has been appointed as a Returning Officer or as a Deputy or Assistant Returning Officer in respect of the election for that office;

  • (c) is the band secretary or band treasurer referred to in section 41;

  • (d) is a judge to which the Judges Act applies or is a Crown prosecutor;

  • (e) is, on the day fixed for the holding of the election for that office, undergoing a term of imprisonment as a result of having been convicted of an indictable offence; or

  • (f) resides on the Matimekosh Reserve.

  • 1984, c. 18, s. 68
  • 2018, c. 4, s. 38

Marginal note:Circumstances in which office becomes vacant

 Apart from general elections referred to in section 74, an office of council member becomes vacant immediately on the occurrence of one of the following events, and only the following events:

  • (a) the election of the office-holder to that office is declared invalid pursuant to subsection 78(7);

  • (b) the office-holder

    • (i) dies or submits his resignation in writing to the council,

    • (ii) is convicted of contravening a regulation made under paragraph 67(1)(b),

    • (iii) is appointed band secretary or band treasurer pursuant to section 41,

    • (iv) is appointed a judge to which the Judges Act applies or a Crown prosecutor,

    • (v) commences a term of imprisonment as a result of having been convicted of an indictable offence, or

    • (vi) is under curatorship under the laws of the Province;

  • (c) the office-holder’s term of office expires, whether pursuant to this Act, a by-law made under section 64 or regulations made under paragraph 67(1)(a);

  • (d) the office-holder resides on the Matimekosh Reserve; or

  • (e) the office is declared vacant pursuant to section 70.

  • 1984, c. 18, s. 69
  • 2018, c. 4, s. 39

Marginal note:Removal of council member for absence

  •  (1) Where a council member has, without permission from the council, been absent from three or more consecutive council meetings otherwise than by reason of illness or incapacity, any fifteen electors of the band may file a petition with the band secretary requesting that a special band meeting be convened for the purpose of deciding whether the office of that council member should be declared vacant.

  • Marginal note:Electors to decide question

    (2) Forthwith after the filing of a petition under subsection (1), the band shall call a special band meeting, to be held as soon as possible, for the purpose of deciding whether the office of the council member in question should be declared vacant, and if, with at least twenty per cent of the electors of the band voting on the question, the special band meeting decides that that office should be declared vacant, that office thereupon becomes vacant.

Returning Officers

Marginal note:Returning Officers

  •  (1) The band shall appoint a person who is not a council member as Returning Officer, and shall fix his or her tenure and term of office.

  • Marginal note:Deputy and Assistant Returning Officers

    (2) The Returning Officer shall appoint a Deputy Returning Officer and may appoint any Assistant Returning Officers who are necessary to assist him or her in the performance of his or her duties.

  • Marginal note:Absence, etc., of Returning Officer

    (3) Where the Returning Officer is absent or incapacitated or the office of Returning Officer is vacant, the Deputy Returning Officer has and may exercise all the powers and duties of the Returning Officer.

  • Marginal note:Absence, etc., of both Returning Officer and Deputy Returning Officer

    (4) In the event of the absence or incapacity of both the Returning Officer and the Deputy Returning Officer or if both such offices are vacant, the band secretary has and may exercise all the powers and duties of the Returning Officer.

  • 1984, c. 18, s. 71
  • 2018, c. 4, s. 40(E)
 
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