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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 IVFinancial Administration (continued)

Marginal note:Budget

  •  (1) The band shall, by resolution, prior to the beginning of each fiscal year, adopt a budget for that fiscal year, and may, if it deems necessary in the course of the fiscal year, adopt supplementary budgets for that fiscal year.

  • Marginal note:Explanation and distribution

    (2) Forthwith after adopting a budget or supplementary budget, the band shall

    • (a) explain the budget or supplementary budget to the members of the band at an ordinary band meeting;

    • (b) make a copy thereof available at the head office of the band, for inspection by members of the band at reasonable hours; and

    • (c) send a copy of it to the Minister.

  • Marginal note:Where delay in adopting budget

    (3) Where the band fails to adopt a budget for a fiscal year prior to the beginning of that fiscal year, the budget and any supplementary budgets of the previous fiscal year apply until a new budget is adopted.

  • Marginal note:By-laws

    (4) The band may make by-laws respecting the preparation and implementation of budgets.

  • Marginal note:Authorization to spend moneys

    (5) The band may not expend moneys or commit itself, by contract or otherwise, to expend moneys, unless

    • (a) such expenditure is authorized by or under a by-law or resolution; and

    • (b) a certificate is issued by the band treasurer stating that moneys are available for such expenditure.

  • Marginal note:Position of other party

    (6) Non-compliance by the band with subsection (5) does not affect the validity or enforceability, with respect to the other party, of the band’s commitment to expend moneys, if the other party took reasonable steps to satisfy itself that the band had complied with subsection (5).

  • Marginal note:Where inconsistency with budget

    (7) Where a by-law or resolution referred to in subsection (5) is inconsistent with the band’s budget or a supplementary budget, the by-law or resolution shall so state, but a non-compliance with this subsection does not affect the validity of the by-law or resolution.

  • 1984, c. 18, s. 90
  • 2009, c. 12, s. 10
  • 2018, c. 4, ss. 46, 122(E)

Marginal note:Books of account and financial records

  •  (1) The band shall keep books of account and financial records that

    • (a) contain, as a minimum,

      • (i) an account of all moneys received and disbursed,

      • (ii) an account of revenues and expenditures,

      • (iii) a record of accounts payable and receivable,

      • (iv) an account of assets and liabilities, and

      • (v) an account of all other transactions that may affect the financial position of the band;

    • (b) conform with generally accepted accounting principles; and

    • (c) permit a comparison between

      • (i) revenues and expenditures as shown in the books of account and financial records, and

      • (ii) the projected revenues and expenditures as shown in the budget and any supplementary budget.

  • Marginal note:Access to books and records

    (2) The Minister or a council member or elector of the band, or any person authorized in writing by the Minister or by a council member or elector, may, at any reasonable time, inspect the books of account and financial records of the band, and a person is guilty of an offence who

    • (a) obstructs that person; or

    • (b) having control or possession of those books or records, fails to give all reasonable assistance to that person.

  • (2.1) [Repealed, 2018, c. 4, s. 47]

  • 1984, c. 18, s. 91
  • 2009, c. 12, s. 11
  • 2018, c. 4, ss. 47, 122(E)

Marginal note:Band to prepare annual financial statement

 Within two months after the end of each fiscal year, the band shall prepare a financial statement in comparative form, containing, as a minimum,

  • (a) a balance sheet;

  • (b) a statement of revenues and expenditures and a comparison of these with the amounts stated in the band’s budget and any supplementary budget; and

  • (c) any other information necessary for a fair presentation of the financial position of the band.

  • 1984, c. 18, s. 92
  • 2018, c. 4, s. 122(E)

Audit

Marginal note:Appointment of auditor

  •  (1) For each fiscal year, the electors of the band shall, at a special band meeting or referendum at which at least five per cent of the electors voted on the matter,

    • (a) appoint a duly accredited auditor and fix or provide for his remuneration; or

    • (b) authorize the council to appoint a duly accredited auditor and to fix or provide for his remuneration.

  • Marginal note:Where band fails to make appointment

    (2) Where no auditor has been appointed under subsection (1) within three months after the beginning of a fiscal year, the Minister may appoint an auditor for that fiscal year and fix his remuneration.

  • Marginal note:Term of office

    (3) The auditor appointed pursuant to subsection (1) or (2) holds office until he is re-appointed, or a new auditor is appointed, under subsection (1) or (2).

  • Marginal note:Where vacancy occurs

    (4) Where a vacancy occurs during the term of the auditor, the band shall forthwith appoint a new auditor for the remainder of the term of the former auditor and shall fix the new auditor’s remuneration.

  • Marginal note:If band fails to act

    (5) If the band fails to act under subsection (4), the Minister may appoint a new auditor and fix that auditor’s remuneration.

  • Marginal note:Notice to the band

    (5.1) The Minister shall inform the band in writing of the appointment.

  • Marginal note:Band to pay remuneration

    (6) In all cases the auditor’s remuneration shall be paid by the band.

  • 1984, c. 18, s. 93
  • 2009, c. 12, s. 12
  • 2018, c. 4, ss. 48, 122(E)

Marginal note:Duty of auditor

  •  (1) The auditor shall, within four months after the end of the band’s fiscal year, prepare and submit to the band (with a copy to the Minister) a report on the band’s financial statement, stating whether, in the opinion of the auditor, the financial statement presents fairly the financial position of the band in accordance with generally accepted accounting principles applied on a basis consistent with that applied in the previous fiscal year.

  • Marginal note:Where report delayed

    (2) If the auditor has not been able to prepare the report within the period mentioned in subsection (1), the auditor shall notify the band and the Minister of the reasons for the delay.

  • Marginal note:Explanation of auditor’s report

    (3) The band shall present and explain the auditor’s report to the members of the band at an ordinary band meeting.

  • Marginal note:Copy of auditor’s report to be made available for inspection

    (4) The band shall make a copy of the auditor’s report available at the head office of the band, for inspection by members of the band at reasonable hours.

  • 1984, c. 18, s. 94
  • 2009, c. 12, s. 13
  • 2018, c. 4, ss. 49, 122(E)

Marginal note:Auditor’s access to records, etc.

 For the purpose of preparing his report under subsection 94(1), the auditor may at all reasonable times inspect the financial records, accounts, books, minutes vouchers and receipts of the band, its subsidiaries and any person or body who administers money on behalf of the band (in so far as the records or other documents relate to the money being administered on behalf of the band), and any person who

  • (a) obstructs the auditor in the performance of his duties, or

  • (b) having control or possession of any such documents, fails to give the auditor all reasonable assistance in the performance of his duties

is guilty of an offence.

Borrowing Powers of Band

Marginal note:Borrowing limitations

  •  (1) The band may not borrow money on either a short-term or long-term basis otherwise than in accordance with section 97 and the regulations made under section 98.

  • Marginal note:Short-term and long-term borrowing

    (2) For the purposes of this section and sections 97 and 98,

    • (a) money shall be deemed to be borrowed on a short-term basis only if

      • (i) it is borrowed for the purpose of meeting the normal operating expenditures of the band,

      • (ii) it is to be repaid within one year from the day on which it is borrowed, and

      • (iii) the band has, prior to borrowing the money, identified the source of revenue from which the money is to be repaid; and

    • (b) all borrowing that is not on a short-term basis shall be deemed to be on a long-term basis.

  • Marginal note:Repayment of loan

    (3) Where a source of revenue has been identified pursuant to subparagraph (2)(a)(iii), moneys received by the band from that source shall be applied to the repayment of the loan in question.

  • 1984, c. 18, s. 96
  • 2018, c. 4, s. 122(E)

Marginal note:Borrowing by-laws

  •  (1) Each borrowing by the band, whether on a short-term basis or on a long-term basis, must be authorized by a by-law of the band, which by-law must specify

    • (a) the amount to be borrowed and the purpose of borrowing; and

    • (b) the manner and terms of repayment and the repayment date or dates.

  • Marginal note:Long-term borrowing

    (2) A by-law made under subsection (1) authorizing long-term borrowing, other than for housing purposes, must be approved by the electors of the band at a special band meeting or referendum at which at least 20% of the electors voted on the matter.

  • Marginal note:Idem

    (3) The band may not borrow on a long-term basis until regulations made under section 98 are in force.

  • 1984, c. 18, s. 97
  • 2018, c. 4, ss. 50, 122(E)

Marginal note:Regulations re long-term borrowing

 The Governor in Council may make regulations respecting long-term borrowing by the band.

  • 1984, c. 18, s. 98
  • 2018, c. 4, s. 51

Contracts

Marginal note:By-laws re contracts and tenders

 The band may make by-laws respecting procedures for the awarding of contracts and the calling of tenders in relation thereto, and such by-laws may take into account the preferential contract and employment benefits for Naskapi beneficiaries contained in the Northeastern Quebec Agreement or established pursuant to that agreement.

  • 1984, c. 18, s. 99
  • 2018, c. 4, s. 52

Appointment of Administrator

Marginal note:When administrator may be appointed

  •  (1) If, as a result of an inspection by the Minister or a person authorized by the Minister under subsection 91(2), the auditor’s report under subsection 94(1), or any non-compliance with the provisions of this Part, the Minister is of the opinion that the financial affairs of the band are in serious disorder, the Minister may give written notice to the band, of his or her intention to appoint an administrator to administer the financial affairs of the band, setting out his or her reasons for so doing.

  • Marginal note:Band’s opportunity to remedy situation

    (2) Where the band receives a notice under subsection (1), it shall forthwith take corrective measures to remedy the situation referred to in the notice.

  • Marginal note:Appointment of administrator

    (3) At any time between 60 days and one year after giving notice to the band under subsection (1), the Minister may, if the Minister is of the opinion that the situation referred to in the notice has not been adequately remedied, appoint, by order, an administrator to administer the financial affairs of the band, and the order shall set out the duties of the administrator. The Minister shall send a copy of the order without delay to the band.

  • Marginal note:Effect of appointment

    (4) Where an administrator has been appointed pursuant to subsection (3), no person shall expend moneys of the band without the consent of the administrator, and any person who violates this subsection is guilty of an offence.

  • Marginal note:Administrator’s term

    (5) The administrator appointed pursuant to subsection (3) holds office for a term of four months from the date of his appointment.

  • Marginal note:Extension of term

    (6) At the expiration of the administrator’s term of appointment referred to in subsection (5), the Minister may, where he is of the opinion that the financial affairs of the band continue to be in serious disorder, reappoint the administrator, or appoint a new administrator, for a further period not exceeding four months.

  • Marginal note:Idem

    (7) The Minister’s power under subsection (6) applies also at the expiration of the term of appointment of an administrator appointed or re-appointed under that subsection.

  • 1984, c. 18, s. 100
  • 2009, c. 12, s. 14
  • 2018, c. 4, ss. 53, 122(E)

PART VResidence and Access Rights on Category IA-N Land

Marginal note:General prohibition against residing, etc.

 No person may reside on, enter or remain on Category IA-N land otherwise than in accordance with a residence or access right under this Part.

  • 1984, c. 18, s. 101
  • 2018, c. 4, s. 123

Marginal note:Rights subject to by-laws

  •  (1) The exercise of residence or access rights conferred by sections 103 to 106 is subject to any by-law made under subsection (2).

  • Marginal note:By-laws respecting the exercise of residence and access rights

    (2) The band may make by-laws for the purpose of regulating, on its Category IA-N land, the exercise of residence or access rights conferred by sections 103 to 106, but, except in the case of an authorization to reside under paragraph 103(2)(a) or an authorization of access under paragraph 105(5)(e), such a by-law may not, notwithstanding section 8, unreasonably restrict or, except as provided by subsection 103(3), effectively deny any such residence or access right.

  • 1984, c. 18, s. 102
  • 2018, c. 4, s. 55

Residence Rights

Marginal note:Right to reside on Category IA-N land

  •  (1) The following persons have the right to reside on Category IA-N land of the band:

    • (a) a member of the band;

    • (b) the member’s consort, within the meaning of section 174; and

    • (c) the family to the first degree of a person described in paragraph (a) or (b).

  • Marginal note:Special categories of persons who may reside on Category IA-N land

    (2) In addition to persons described in subsection (1), the following persons may reside on Category IA-N land of the band:

    • (a) a person so authorized in writing by the band or by a by-law of the band;

    • (b) a person so authorized by virtue of a grant from the band under Part VIII;

    • (c) an administrator holding office pursuant to section 100; and

    • (d) subject to subsection (3), a person engaged in administrative or public duties approved by the band or scientific studies approved by the band.

  • Marginal note:Band’s control over number of outsiders

    (3) The band may prohibit a person described in paragraph (2)(d) from residing on its Category IA-N land where the number of such persons would be such as to significantly alter the demographic composition of the community.

  • 1984, c. 18, s. 103
  • 2018, c. 4, s. 56
 
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