Naskapi and the Cree-Naskapi Commission Act

Marginal note:When administrator may be appointed

• 100 (1) If, as a result of an inspection by the Minister or a person authorized by the Minister under subsection 91(2) or (2.1), the auditor’s report under subsection 94(1), or any non-compliance with the provisions of this Part, the Minister is of the opinion that the financial affairs of a band are in serious disorder, the Minister may give written notice to the band, with a copy to the Cree Regional Authority in the case of a Cree band, of his or her intention to appoint an administrator to administer the financial affairs of the band, setting out his or her reasons for so doing.

• Marginal note:Band’s opportunity to remedy situation

  (2) Where a band receives a notice under subsection (1), it shall forthwith take corrective measures to remedy the situation referred to in the notice.

• Marginal note:Appointment of administrator

  (3) At any time between 60 days and one year after giving notice to the band under subsection (1), the Minister may, if the Minister is of the opinion that the situation referred to in the notice has not been adequately remedied, appoint, by order, an administrator to administer the financial affairs of the band, and the order shall set out the duties of the administrator. The Minister shall send a copy of the order without delay to the band and, in the case of a Cree band, to the Cree Regional Authority.

• Marginal note:Effect of appointment

  (4) Where an administrator has been appointed pursuant to subsection (3), no person shall expend moneys of the band without the consent of the administrator, and any person who violates this subsection is guilty of an offence.

• Marginal note:Administrator’s term

  (5) The administrator appointed pursuant to subsection (3) holds office for a term of four months from the date of his appointment.

• Marginal note:Extension of term

  (6) At the expiration of the administrator’s term of appointment referred to in subsection (5), the Minister may, where he is of the opinion that the financial affairs of the band continue to be in serious disorder, reappoint the administrator, or appoint a new administrator, for a further period not exceeding four months.

• Marginal note:Idem

  (7) The Minister’s power under subsection (6) applies also at the expiration of the term of appointment of an administrator appointed or re-appointed under that subsection.