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Naskapi and the Cree-Naskapi Commission Act

Version of section 90 from 2002-12-31 to 2010-01-31:


Marginal note:Budget

  •  (1) A 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, a 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 thereof to the Minister.

  • Marginal note:Where delay in adopting budget

    (3) Where a 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) A band may make by-laws respecting the preparation and implementation of budgets.

  • Marginal note:Authorization to spend moneys

    (5) A 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 a band with subsection (5) does not affect the validity or enforceability, with respect to the other party, of a 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.

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