F I R S T N A T IO N S - H E A L T H BY — LAWS DOKLIS NIPISSING TEMAGAMI A F RIL 2 7 , 1 3 9 3
Ill Health Authority Bv-Law ; Pream ble ■V • WHEREAS the Dokis, Nipissing and Temagami First Nation peoples have a right to health services at an adequate and proper level to meet their respective health requirements; AND WHEREAS the Dokis and Nipissing [Mist Nations entered into solemn Treaty arrangements with Her Majesty's Government of The dominion of Canada by adhesion to the Robinson-Huron Treaty of 1850; AND WHEREAS the Dokis and Nipissing First Nations did not, through said Treaty give up their authority to be a self-governing people; AND WHEREAS the Temagami First Nations- never signed a Treaty arrangement with Her Majesty's Government of the Dominion of Canada and therefore also has kept its authority to be a self governing people; AND WHEREAS the Chiefs and Councils of Dokis, Nipissing and Temagami First Nations desire by this by-law to take over responsibility for the delivery of health and related services and programs; AND WHEREAS Section 81 (1) (a), (d), (I), (g), (h), (j), (1), (q) and (r) of the Indian Act R.S.C. 1970 Ch. I - 6 as amended empowers the Dokis, Nipissing and Temagami First Nations to make by-laws inter alia; *1 • (a) To provide for the health of residents on their respective reserves and to prevent the spreading of contagious and infectious diseases; (d) The prevention of disorderly Conduct and nuisances; (f) The construction and maintenance of water courses, roads, bridges, ditches, fences and other local works;
(g) lhe dividing of the reserve or a portion thereof into zones and prohibition of the construction of buildings or the carrying on of any class of business, trade or calling in any such zone; (h) The regulation of the construction repair and use of buildings, whether owned by the Band or by individual members of the Band; (j) The destruction and control of noxious weeds; (1) The construction and regulation of the use of public wells, cisterns, reservoirs and other water supplies; (g) With respect to any matter Arising out of or ancillary to the exercise of powers under this section; (r) The imposition on summary conviction of a fine not exceeding one thousand dollars or imprisonment Tor a term not exceeding thirty days, or both, for violation of a by-law made under this section. AND WHEREAS Section 36 of the Constitution Act 1982 provides that without alternate legislative authority of Parliament or of the Provincial Legislatures, or the rights of any of them with respect apt the exercise of their legislative authority, Canada and Province are committed to: ; (a) Promoting equal opportunities (b) Purthering economic development to reduce disparity in opportunities; and (c) Providing essential public services of reasonable quality to all Canadians. AND WHEREAS the Dokis, Nipissing and Tcmagami First Nations define health in the same terms as endorsed by the World Health Organization as a state of complete physical, mental and social well being and not merely the absence of disease or infirmity. AND WHEREAS the health conditions of the Dokis, Nipissing and Tcmagami Eirst Nation Indian Reserves cannot be significantly improved without Indian involvement in and control of local health care services.
AND WHEREAS the Dokis, Nipissing peoples desire th eir Chiefs and Councils maintain and operate a local health their R eserves. AND WHEREAS nothing in th is by-law abrogate, derogate or breacht he rights of the Dokis, Nipissing V and Temagami or its members. AND WHEREAS further, nothing in th is diminish, abrogate, derogate or breach the Dokis, Nipissing Band of -Indians the Robinson-Huron Treaty of 1850 Government of Canada, nor shall construed to do so. BE IT ENACTED AND THEREFORE IT IS and severa l by-law of the Councils and Temagami First Nation herein as follows: Councils Authorized to Obtain Regional Health Related Services 1. Band Councils are hereby such agreem ents and declarations discretion th ey deem appropriate, maintain and operate : the Nations Health Board (hereinafter the "Board") to serv e of the Dokis, Nipissing Nations.and Temagami First Nations to jointly create, authority on and for shall alter, deminish, Treaty and or Aboriginal Bands of , Indian by-iaw shall alter, the Treaty sta tu s of or its members under with her M ajesty's i t be in te r p r e te d or HEREBY ENACTED as a joint of the Dokis, Nipissing called the "Band Councils" agreem ents for local and authorized to enter into as in th eir sole to create, KINAMNOMAUDZHEWIN First referred to as the community health needs and Temagami F irst
Establishm ent of KINAMNOMAUDZHEWIN First Nations Health Board 2. The Band Councils hereby enact and it is hereby ' enacted and established that here shall be a KINAMNOMAUDZHEWIN First Nations Health Board hereinafter referred to as the "Board". 3. The community health service needs of residents on each Reserve shall be administered, delivered and maintained by the Board. The Board shall be guided initially by the joint and several First Nations Health Policy Manual, (hereby incorporated by reference to this by-law and attached hereto as Appendix ”A”) The Board shall in the future make recommendations to the respective Band Councils for the revision of the policies set out; in the said manual as changing conditions require. 4. The Band Councils shall appoint the KINAMNOMAUDZHEWIN Health Board and said Board shall be responsib le and accountable to the respective Band Councils A) A Director's term of office, subject to future Band by-laws, shall be for a four year term or until his successor is appointed by Chiefs and Councils. B) Vacation of Office. The Office of a Director shall be vacated automatically: i) if by notice in writing to the Board he resigns his office; ii) if he dies; iii) if he misses three consecutive Board meetings without a reasonable excuse; iv) if he is found to~bc of unsound mind; v) if he is dismissed for "just cause” by the Band Councils.
C) The Band Councils have authority to dismiss Board members for ’’just cause”. Change in, the composition of the Chiefs and Councils shall not be ’’just cause” within the meaning of this clause. Such matters as serious misconduct, breach of confidentiality; failure to responsibly perform the duties of a Board member; missing meetings too frequently;; or conviction for serious criminal offense may fall with the definition oT "just cause”. I)) The Directors shall establish operating procedures of the Board and dealing inter alia, with such mailers as meetings, duties of Directors, the establishment of Board Committees to monitor, evaluate and assess the various programs that are delivered by the Board. E) 'Die Directors shall mcel not less than 10 times per year. The Directors are empowered to include in their operating procedures a provision for mcel mgs by telephone conference • where circumstances warrant. , Board oF Directors y 5. (a) The Board shall consist .'of 0 directors, all of whom shall be voting members and also be members of the Dokis, Nipissing and Tcmagami Indian First Nations. (b) In jointly and seventhly appointing the Directors, Chiefs and Councils shall be guided by the need to provide representation on the Board from one each of I he following elements of the three First: Nations Communities: * Representation from Ihe Dokis, Nipissing and Temagami First Nations elders. * Representation from the Dokis, Nipissing and Tcmagami First. Nation youth (ages 18-30)
+ Representation from the Dokis, Nipissing and Temagami First Nations by persons knowledgeable on health issues of the respective communities. (e) There shall be a representation by a Hand Councillor for each of the participating First Nations with responsibility for the health Portfolio. Said Councillors shall vote at Board Meetings. (d) The Board is hereby authorized to select a chairman from amongst their midst and to appoint such other officers as they may sec fit. (c) Sitting Board members arc eligible for reappointment at the expiry of their term. (0 Persons employed by llie Board shall not be eligible for Board membership. Executive Director to attend all Hoard meetings The Executive Director selected by the Board shall have, as part of his job description, an obligation to attend all m eetings of the KINAMNOMAUDZHEWIN First Nations Health Board. Confidentiality of Clicnts/Palicnl records 7 I) Subject to this by-law, elienls/patienls records made under this by-law and the joint and several Dokis, Nipissing and Temagami Health Policy (hereinafter referred to as the ’’Health Policy”) arc confidential and no person shall disclose or communicate information from the record in any form to any person except;
a) to the KINAMNOMAUDZHEWIN person employed, '’retained or consulted by said Executive Director in the course of administering or enforcing any provision of this by-law or the "Health Policy"; b) To the c lien t/p a tien t of the information approved by the A c lien t/p a tien t of the KINAMNOMAUDZHEWIN Health is entitled to be given access (i) his or her own records; and (ii) the record of a child who is in the adult's legal care subject to the exceptions contained in paragraph 7 (3) herein; 3) The KINAMNOMAUDZHEWIN Executive Director m ay refuse to give a person access to all or any part of a record referred to in 7 (2) where; a) There arc reasonable grounds to believe that disclosure of all or part of the record might result in physical or serious psychological harm to that person; b) That part of the person who is not Health Board and who has supplied confidence to the to the administration the "Health Policy". and the KINAMNOMAUDZHEWIN Executive Director shall notify the person in writing or the reasons for refusing access to all o r any part of his or her record or the record of a child in his o r h e r care.Executive Director, or to a in question provided that release to the c lien t/p a tien t has been KINAMNOMAUDZHEWIN Executive Director; Board to: record d iscloses the id en tity of the a employed by the KINAMNOMAUDZHEWIN information in Health Board for any purpose relating or enforcem ent of th is by-law s or
4) It shall be stipulated in every contract of employment which the Board enters into that employees are undertaking to protect and honour the special relationship and confidentiality that exists between the Health Board and its clients/patients? It shall be further stipulated that breach of , such confidentiality may be grounds for dismissal. 4) It shall be the duty oT every Director of the Board to comply with the confidentiality provisions of this by-law and should a board members breach said confidentiality provisions it shall be grounds for the dismissal of that Board member from his position by the Band Councils. The Board May Negotiate Agreements (a) The Band Councils hereby authorizes the Board to negotiate agreements with other First Nations, the Federal Government, the Provincial Government, public health services agencies, or other private health services agencies, or other such agencies pursuant to the joint and several Dokis, Nipissing and Temagami Health Policy Manual for the delivery of regional or community health services to i residents including, inter alia, the provision of or construction of health services facilities, including inter alia physicians, community health representatives, dentists, dental assistants, dental therapists, nurses, midwives, traditional Indian healers, medical officers of health, environmental health officer and other necessary personnel; (b) All such agreements shall be brought to the respective Band Councils for approval and ratification.
Responsibilities of the Doard : 9. The Board shall he responsible for the overall administration, maintenance and delivery of health services in the community and without restricting the generality of the foregoing may; (a) Develop operating procedures for the Board; (l>) Recommend administrative, personnel, financial and other policies; (e) Receive and approve budgets; (d) Subject to the approval and ratification of the respective Band Councils borrow and spend money and acquire, dispose of and manage all forms oT personal property; fe) Manage such real properly as the respective Band Councils may direct; H (0 Review and approve the Annual Report.; (g) Provide an Annual Report to the Chiefs and Councils and consult from time to time with -'Chiefs and Councils on the health needs of the community; (h) Hire and dismiss a qualified Executive Director (i) Advise the respective Band Councils on health nnu health related policy matters; (j) Ensure that policies and procedures are in place t.o maintain the traditional confidentiality of medical records. 10. The Board may enter into agreements for the retention of a qualified Executive Director • who shall be responsible and accountable directly to the Board and who shall be the senior health services staff officer. 11. The Board shall have the power to maintain, control and manage the affairs of the various health and related activ ities of the Dokis; Nipissing and Temagami First Nations and the power to disburse funds up to the amount of $50,000 or su b ject to approval by th eir resp ective Band Councils and
where necessary any parlies I» any agreements made pursuant to this by law and to disburse any oilier grants, fees, donations or other monies received by the Authority in the course of operating their programs and activities pursuant to the Health Policy Manual?. ■ « y f i# Duties of Executive Director 17.. The Board may determine from lime to time the duties and responsibilities of the qualified Executive Director and without restricting the generality of the foregoing Ihe qualified Executive Director shall be responsible for; (a) Organizing and managing the day to day business of the Board; (b) Establishing procedures to implement policies contained in the said "Health Policy Manual"; (c) Personnel administration and supervision of health services and staff including the power to hire and fire, subject always to such policy as to appeals or grievances as may be established by the Board; (d) Financial administration; (e) Program supervision; (f) Unison with other agencies; (g) Managing all arrangements contracted for wilh others; (h) Reporting lo the Board on all the above mentioned matters in such form and on such schedules as the Board may from time to time determine. Staffing and Personnel 13. The Board may determine from time to time the duties and responsibilities and the number of staff and personnel of the Board and without restricting the generality of the foregoing including inter alia; Dental Assistants, Dental therapists; Nurses; Midwives: Traditional Indian Healers; Medical n f f i re rs of health; Environmental health officers; (dorks; and other necessary personnel.
14. 'Hie Board may recognize persons who act as traditional Indian Healers and may provide for method of any remuneration or any compensation to the traditional Indian Healers for such services. Program and Services 15. The Board shall adm inister, deliver, in accordance Agreement between the Minister Nipissing and Temagami health serv ices and programs th at at a minimum specific relating to such programs as there may be an Agreement the Minister of Health Nipissing and Temagami (a) Those treatm ent serv ices Health Canada's Health Septem ber 28, 1987 and any amendments (b) Communicable disease control; (c) Occupational and environmental health and safety; (d) Emergency health planning. 16. The Board shall administer and maintain such other local health services as are determined by the respective Band Councils to be required to be administered, maintained, and Nipissing and Temagami First Nations. Enforcement and Penalties 17. Insofar as they are not inconsistent with this by-law or any future by-law, specific Provincial laws and regulations relating to the mattersmanage, maintain and with the Health Transfer of Health and the Dokis, First Nations, the following and it is hereby enacted Provincial standards shall apply until such time to the contrary between for Canada and the Dokis, First Nations. mentioned in Appendix 6 (a) of Program Transfer Handbook dated thereto; delivered to members of the Dokis,
mentioned in Paragraphs 15(a), (b), (c) and (d) are hereby incorporated as part of th is by-law and may be enforced as part of th is by-law, until such time as the Band Councils may otherw ise agree with the Minister of Health for Canada. 18. The Board may, From lime to time recommend to the Chiefs and Councils: (a) Amendments to this by-law; (b) The enactment of further by-laws to create o r give effect to programs required for the health and well being ol members of the Dokis, Nipissing and Tcmagami First Nations; (c) Other measures that may be required to enable the Board to carry out its duties and responsibilities. 19. The Board is hereby authorized to take any action necessary to ensure this by-law or policy established therundcr is complied with. 20. The Board may consult with the Band Councils when enforcing this by-law or ensuring compliance with this by-law. 21. This by-law shall be enforced by Band Constables or any other Peace Officers serving the respective First Nations or by inspectors employed or designated by the Board. 22. Every individual, person or corporate body shall comply with this by-law and the laws and regulations referred to in Paragraph 17. 23. A violation of this by-law that continues for more than one day constitutes a separate offence for each day during which it continues. i 24. Any individual, person or corporate body who violates any of the provisions of this by-law shall be guilty of an offence, and shall be liable on a summary conviction to a fine not exceeding $1,000.00 or imprisonment for a term not exceeding 30 days, or to both a fine and imprisonment, for each violation.
Interpretation 25. In this by-law, the masculine includes the feminine, the feminine the masculine and the singular includes the plural and the plural the singular as the context requires. Severability 26. In the event that a Court of competent jurisdiction or other body with jurisdiction determines that any provision herein is unlawful or beyond the jurisdiction of the Chiefs and Councils, and/or the Government of Canada, said provision shall be severable from this by-law and the remainder of the terms of this by-law future by-laws shall remain in full force and effect. For the Protection of Directors and Officers 27. No Director or Officer of the Hoard shall be liable: (a) for the acts, receipts, neglects or defaults of any other director or officer or employee; „ (b) for joining in any receipt or act for conformity; (c) for any loss, damage or expense happening to the Board through the insufficiency or deficiency to title to any property acquired for or on behalf of the Boa^d; (d) for the insufficiency or deficiency of any security upon which any of the monies of the Board are placed or invested; (e) for any loss or damage arising from the bankruptcy, insolvency or tortious act of any person, firm or corporation including any firm person or corporation with which any monies, securities or effects shall be deposited or .lodged; (f) for any loss, conversion, misapplication or misappropriation of or J. any damage resulting from any dealings with any monies, securities or other assets belonging to the Board; (g) for any other loss, damage or misfortune whatever;
unless Ihe above shall happen by his Failure to exercise the powers and to discharge the duties of his office oT tru s t honestly in good faith and in the best interests of the Board, and to exercise the degree of care, diligence and skill that a reasonable prudent" person would exercise in comparable circumstances. Indemnities to Directors and Officers 28. Subject to the provisions of this by-law, every Director and Officer of the Board, his heirs, executors, administrators and other legal personal representatives and person acting on instruction of the Board shall be indemnified by the Board for: (a) any liabilities, costs, charges and expenses that he sustaines or incurs in respect of any action, suit or proceeding that is proposed or commenced against him in respect of the bona fide execution of the duties of his office; and (b) all other charges, expehses which he sustains or incurs in respect of the affairs of the Board. - # Conflict of Interest 79. A Director shall disclose to Ihe Board any pecuniary interest or jurisdictional impediment that he has in any matter before the Board and shall not take part in deliberations of the Board on that matter or vole on that matter. (a) Where a disagreement arises as lo whether a Board member has a pecuniary interest or a jurisdictional impediment in a matter before the Board, the Board shall decide by vote whether the Board member has such an interest or impediment, and the Board member in question may not take part in that vote.
(b) Where the Board decides pursuant to subsection (a) that a Boardmember has such a pecuniary interest or impediment in a matter before the Board, the Board member in question shall not take part, in deliberations of that. Board on that matter or vote on that, matter. (c) 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. (d) A Board 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: 1 - determining a quorum under section 30 and 2 - determining a majority under the said section 30. Quorum - Majority (a) A quorum of the Board con sists of 7 Board members provided that the Dokis, Nipissing and Temagami First Nations have at least one of th eir members present. (b) The approval of any matter by the Board requires the affirmative votes of the majority of the Board members present when the vote is taken subject to section 20(d). (c) In case of em ergency, absent Board members may participate by telephone conference. Ex-Officio Board members 31. (a) The Board shall appoint, an auditor as ex-officio member who will attend Board meetings only at the specific request of the Board. (b) The Board shall appoint a lawyer as legal advisor who shall also be an ex-officio Board member and who will attend Board meetings only at the specific request of the Board.
(c) From lime to time the Hoard may also invite individuals in their capacity as resource persons to attend Board meetings. Such individuals shall have no voting privileges. Board 'Mission Statement' 32. The KINAMNOMAUDZHEWIN .Board needs of the Dokis, Nipissing members in an even-handed providing appropriate health By the same token, all Board members must at all times act in the-best interests of the Dokis, Nipissing and Temagami First Nations members as a whole rather than favour their specific constituencies.» shall add ress the health and Temagami First Nation and equitable manner when serv ices .
DONE AND PASSED by Chiefs ami Councils in Council assembled this (b ^ 19 day of^y&fA.D., 1.9Î */ The Dokis F'irsl. Nation I’er: 4
DONE AND PASSED by Chiefs and Councils in Council assembled this day of N i p i s s i n g Tlie STfeSi&gïâ&K First Nation y (A QUORUM FOR THIS BAND CONSISTS OF A.D., 19 44 FIVE COUNCIL MEMBERS)
DONE AND PASSED by Chiefs and Councils in Council assembled this 2nd day of sept. A.D., 19 94 The Temagami First Nation Per: A QUORUM FOR THIS BAND CONSISTS OF 2 COUNCIL MEMBERS.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.