Naskapi and the Cree-Naskapi Commission Act (S.C. 1984, c. 18)

Marginal note:Use of Naskapi language at council meetings

31 In addition to any other rights relating to the use of the Naskapi language, the 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 the band shall be enacted or adopted in either the English or the French language, and may also be enacted or adopted in the Naskapi language.

• Marginal note:Versions adopted in more than one language

  (2) Where a by-law is enacted or a resolution is adopted in more than one of the English, French or Naskapi languages, all versions in which it is enacted or adopted are equally authoritative.

Marginal note:Quorum of council

• 33 (1) Except as provided in subsection (2), a quorum of the 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.

Marginal note:Chairmanship of meeting

• 34 (1) The chief or, in his absence, the deputy chief shall act as chairman at council meetings.

• Marginal note:Idem

  (2) In the event that both the chief and deputy chief are unable to act as chairman at a council meeting, the council shall designate another councillor to so act.

Marginal note:Voting

• 35 (1) The approval of any matter by the council requires the affirmative votes of the majority of the council members present when the vote is taken, subject to subsection (2) and subsection 38(5).

• Marginal note:Idem

  (2) For the purposes of subsection (1), in any vote, where a council member present does not indicate either an affirmative vote or a negative vote or an abstention, he shall be deemed to have voted in the affirmative.

• Marginal note:Where tied vote

  (3) In the event of a tied vote, the chairman may, except where disqualified from voting under section 38, cast a second vote to determine the question.

36 [Repealed, 2018, c. 4, s. 26]

Marginal note:When council must meet

• 37 (1) The council shall meet at least once in every calendar quarter.

• Marginal note:Meetings public

  (2) Subject to subsection (3), council meetings shall be open to the public.

• Marginal note:Decorum

  (3) The chairman of a council meeting may cause to be expelled and excluded from that meeting any person whom he considers guilty of improper conduct at the meeting.

Marginal note:Conflict of interest

• 38 (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.

• (7) [Repealed, 2018, c. 4, s. 28]

Marginal note:By-laws respecting council meetings

39 The 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.

Committees of a Council

Marginal note:By-laws respecting committees

• 40 (1) The 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.

Band Bodies, Officers, Employees and Agents

Marginal note:Bodies, officers, employees and agents

• 41 (1) The 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) The 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.

Marginal note:Duties of band treasurer

43 The band treasurer is the chief financial officer of the band, and is responsible for the receipt and deposit of band moneys and for all aspects of the financial administration of the band.

Marginal note:Return of band property

• 44 (1) Where a person who is a council member, officer or employee of the band ceases, for any reason, to hold office as such, he shall forthwith return to the band any money, keys, books, documents, records or other property of the band that is in his possession by virtue of that office.

• Marginal note:Failure to comply

  (2) Any person who fails to comply with subsection (1) is guilty of an offence.

By-laws Respecting Local Government

Marginal note:Power to make by-laws respecting local government

• 45 (1) Subject to this section, the band may make by-laws of a local nature for the good government of its Category IA-N land and of the inhabitants of such land, and for the general welfare of the members of the band, and, without limiting the generality of the foregoing, may make by-laws respecting

  • (a) the administration of band affairs and the internal management of the band;

  • (b) the regulation of buildings for the protection of public health and safety, including the construction, maintenance, repair and demolition of buildings;

  • (c) health and hygiene, including

    • (i) the prevention of overcrowding of residences,

    • (ii) the sanitary condition of public and private property,

    • (iii) the control or prohibition of activities or undertakings that constitute a danger to public health,

    • (iv) the construction, operation and regulation of waste disposal systems and the collection, removal and disposal of waste generally, and

    • (v) subject to the laws of the Province, the establishment, maintenance and operation of cemeteries;

  • (d) public order and safety, including

    • (i) the establishment, maintenance and operation of fire departments,

    • (ii) the discharge of firearms or of arms discharged by compressed air or any other means,

    • (iii) the keeping of animals,

    • (iv) curfews,

    • (v) the prohibition of the sale or exchange of alcoholic beverages,

    • (vi) the possession or consumption of alcoholic beverages in public places, and

    • (vii) the control of public games, sports, races, athletic contests and other amusements;

  • (e) the protection of the environment, including natural resources;

  • (f) the prevention of pollution;

  • (g) the definition of nuisances and the control and prohibition of nuisances;

  • (h) the taxation for local purposes, otherwise than by means of an income tax,

    • (i) of interests in its Category IA-N land, except those of Canada and Quebec, and

    • (ii) of occupants and tenants of its Category IA-N land, except Canada and Quebec,

    subject to subsections (2) and (3) and subject to and in accordance with regulations made under subsection (4);

  • (i) subject to subsection (5), the establishment, maintenance and operation of local services, including services relating to water, sewers, fire protection, recreation, cultural activities, roads, garbage removal and disposal, lighting, heating, power, transportation, communication or snow removal, and respecting user charges for any such service;

  • (j) roads, traffic and transportation, including

    • (i) the operation and speed of vehicles,

    • (ii) the maintenance, construction and operation of roads,

    • (iii) the regulation of traffic of all kinds,

    • (iv) the transportation of dangerous substances, and

    • (v) the establishment, maintenance and operation of wharves, harbours, drydocks and other landing places;

  • (k) the operation of businesses and the carrying on of trades; and

  • (l) parks and recreation.

• Marginal note:Taxation by-laws

  (2) The band

  • (a) may not make taxation by-laws other than those described in paragraph (1)(h); and

  • (b) may not make by-laws under paragraph (1)(h) until there are in force regulations made under subsection (4).

• Marginal note:Idem

  (3) A by-law made under paragraph (1)(h) must be approved by the electors of the band at a special band meeting or referendum at which at least ten per cent of the electors of the band voted on the matter.

• Marginal note:Regulations respecting taxation power

  (4) The Governor in Council may make regulations respecting the exercise, pursuant to paragraph (1)(h), of the band’s power of taxation, including, without restricting the generality of the foregoing, regulations respecting

  • (a) assessments and the determination of tax rates;

  • (b) contestation of assessments;

  • (c) collection of taxes;

  • (d) contestation of taxation; and

  • (e) enforcement procedures.

• Marginal note:User charge by-laws

  (5) A by-law described in paragraph (1)(i) respecting a user charge for a service may differentiate on an equitable basis between different categories of users and different categories of land that benefit from the service, but

  • (a) may not delegate to anyone the power to prescribe user charges or user charge rates but must itself prescribe the user charges or the user charge rates; and

  • (b) may not prescribe user charges or user charge rates that exceed the total actual or anticipated cost of providing the service.

• Marginal note:Payment in forms other than money

  (6) The band may accept payment of a tax referred to in paragraph (1)(h) or a user charge referred to in paragraph (1)(i) in a form other than money.