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Naskapi and the Cree-Naskapi Commission Act

Version of section 38 from 2002-12-31 to 2018-03-28:


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.

  • Marginal note:Application of section to Inuk observer

    (7) This section, in so far as it is applicable to an Inuk observer referred to in section 36, applies to such an observer as if he were a council member.

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