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

Marginal note:By-laws respecting council meetings

39. A band may make by-laws respecting procedures relating to council meetings, including, without limiting the generality of the foregoing, by-laws respecting notices of meetings, agenda, procedure at meetings and voting.

Marginal note:By-laws respecting committees

• 40. (1) A band may make by-laws

  • (a) establishing such committees as the band considers necessary to assist in the administration of the affairs of the band; and

  • (b) setting out the composition and functions of such committees.

• Marginal note:Membership of committees

  (2) By-laws made under subsection (1) may provide for the membership on committees of persons who are not council members.

• Marginal note:Powers of committees

  (3) Committees may exercise only advisory or administrative functions and are responsible to the council for the performance of their functions.

Marginal note:Bodies, officers, employees and agents

• 41. (1) A band, by resolution or by-law,

  • (a) shall appoint a band secretary and a band treasurer and fix their remuneration;

  • (b) may prescribe duties for the band secretary and band treasurer in addition to the duties described in sections 42 and 43; and

  • (c) may appoint or engage or provide for the appointment or engagement of such bodies and such officers, in addition to the band secretary and band treasurer referred to in paragraph (a), employees or agents as are necessary for the proper conduct of the affairs of the band, and shall prescribe the duties and fix the remuneration of any body or person so appointed or engaged.

• Marginal note:Multiple office-holders

  (2) A person may hold concurrently more than one office referred to in subsection (1).

• Marginal note:Employment agreements

  (3) A band may enter into employment agreements with its officers and employees.

Marginal note:Duties of band secretary

• 42. (1) The band secretary is responsible for

  • (a) the safekeeping of all the books, records and documents of the band; and

  • (b) the preparation of the minutes of all council meetings and band meetings.

• Marginal note:Secretary may certify band documents

  (2) The band secretary has the power to issue certified copies of any by-law or resolution of the band, and of minutes of council meetings, special band meetings and ordinary band meetings of the band.

• Marginal note:Exercise of secretary’s powers

  (3) The powers referred to in subsection (2) may also be exercised by the chief and by any other person designated by by-law of the band.