Cree-Naskapi (of Quebec) Act (S.C. 1984, c. 18)

Marginal note:Chief

28. The chief of a band is the principal representative and chief executive officer of that band and shall perform any duties assigned to him by the regulations and the by-laws of the band.

Marginal note:Deputy chief

• 29. (1) In each band, one councillor shall hold office as deputy chief in accordance with an election by-law made under section 64 or in accordance with regulations made under paragraph 67(1)(a).

• Marginal note:Duties and powers of deputy chief

  (2) The deputy chief shall perform the duties assigned to him by the regulations and the by-laws of the band, and, in the event that the chief is absent or incapacitated or if the office of chief is vacant, has and may exercise all the powers and duties of the chief.

Marginal note:Council meetings

30. By-laws may be enacted or resolutions adopted only at council meetings.

Marginal note:Use of Cree or Naskapi language at council meetings

31. In addition to any other rights relating to the use of the Cree or Naskapi language, a Cree band may conduct its council meetings in the Cree language and the Naskapi band may conduct its council meetings in the Naskapi language.

Marginal note:Language of by-laws and resolutions

• 32. (1) A by-law or resolution of a Cree band or the Naskapi band shall be enacted or adopted in either the English or the French language, and may also be enacted or adopted in the Cree language or the Naskapi language, as the case may be.

• Marginal note:Where versions two or more languages

  (2) Where a by-law is enacted or a resolution is adopted in more than one of the English, French, Cree or Naskapi languages, all versions in which it is enacted or adopted are equally authoritative and, where there is any inconsistency between the different versions, subsection 8(2) of the Official Languages Act applies, with such modifications as the circumstances require.

Marginal note:Quorum of council

• 33. (1) Except as provided in subsection (2), a quorum of a council consists of a majority of the number of positions of council member, subject to subsection 38(5).

• Marginal note:Idem

  (2) Where, at any time, vacancies on the council result in there being in office fewer council members than constitute a quorum under subsection (1), the council members remaining in office constitute a quorum, subject to subsection 38(5), for the limited purpose of enabling the council to act in a care-taker capacity until such time as enough vacancies on the council have been filled pursuant to Part II to restore the quorum referred to in subsection (1).

• Marginal note:Filling of vacancies

  (3) Nothing in this section shall be construed to relieve the band of its obligation to call elections as required by subsections 76(1) and (2).

• Marginal note:Where general election called

  (4) Notwithstanding the length of the term of office of council members fixed pursuant to section 64 or 65 and notwithstanding the band’s obligation under subsection 76(1), where a general election of the band is called, the council of the band in office immediately before the calling of that general election continues in office until the date fixed for that general election.