CANOE C-EK INDIAN BAND BYLAW NO. 2004-2 FINANCIAL ADMMSTRATION BYLAW A m w to tegulate the receipt, mmgment, d e x p a d h m of Caooe Creek ~ ~ f d s a d e s t a b l i s h t h e ~ s t n r c t r r r e o f t h e ~ C r e e k ~ I B a n d w b i c h ~ ~ ~ , WEBREAS tk Ilodim Act, RS.C. 1985, c.1-5, provides that Cotmil myI subject to th w v a l o f the Minister of Indian A f h b ad No- hvelopmnt, nmke bylaws for tb.fiUowing purposes: 4 D t h e a p p ~ o f o ~ t o w n d u c t t h e ~ o f t b e C o l m c i l d presrr'b'i their duties; a d D with m p c t to any mtter arising out of or milky to the exercise of tbe power; AND WEEREAS the Council of the Came Creek Indian B a d has detetmicsed t h a t i e i s M l e d ~ t h a t a h U ~ e t r r e n t ~ h w b e ~ & r t h e p r p s e s set out in d n 83(1 ) of the Iladian Act and for the kth &hisidon of tb creek First Nation's bYsiness; N O W T E L E ~ ~ h C o l t o c i l o f h ~ C r e e k ~ B a n d o l t a d u E y c o dme eting of the Council enacts the following bylaw: TITLE This bylaw m y b e called the Tnw~ciaAl dmitrtsb.atiion Bylaw". h this bylaw, "agencidf means any board, t r l i i c o-n, committee of the C a m Creek Indian -- Baad or my corporate b d y cantdid by the Canoe Creek Mian Band ~~ a society, mn-pro& corporation, b u s i c orporation or pmhmhip of which the Canoe . - Clreek Indian Band is a member.; .- 6
--d "agreeent" meam any witten contract between the Canoe Creek Indian Band and a w bp arty or parties, k1uding the federal governmerrt, the provifici gov- or a third party, pursuaut to wbich money is to be paid to the canoe Creek Indian Band, ' h m d budget" means the forecast of p h d e xpenditme for the forthcoming year by tk Canoe Creek Mian Band; 'bard" shalI mxm the Caaoe C m k Imku Barad Treasury Board established pursuant to this bylaw; "Ca?loe Creek I[ndian Baad funds" means aII moneys behngbg to the Creek Iadian Band and inchwles: a) all revenues of Came Creek Indian Band; b) money borrowed by the Canoe Creek Indian Barad; c) mow received or collected on bhalf of the Canoe C m k h k u B and; and d) all monies that are received or collected by the Canoe C d hi ha Band pursuant to any agmmnt or fUnding mmgement and is to be disbmd for a purpose specM by Council or pursuant to that agreement or funding axrangemeat; e) money &ed by the C a m Creek Indian Band on bhalfofankdiduaI or corporate entity, where Council has approved an alternative mmgemnt for the mna& of the money putsuant to section 74 of this bylaw; "mud" shall mean the C Man d Council of the Canoe Creek Mian Band; "dqwbmnt" nmns an * . ' e division of the Canoe Creek Mian Band . + Gov. a.m mt as e e s t b W &om time to time by Council and includes senice centres, -ive wits and other i r v t d organhtbnal units of the Canoe Creek Indian Band admhkmtion; "resoM0n1'm eans a decision made at a meeting of a quonun of &mil. -- 3, This bylaw governs the receipt, management and eqmdime of Canoe Creek Ladian Band funds and the admhktmtive organhtiion of the Cawe Creek Zndian Bandtommgetbefia8ds.
-+ 4. Thisbylaw~Iiestoall~~~Bandd~tsetPdagencieSh Eeipt of Canoe Creek I* Band flriKls* TREASURY BOARD 5. A Treasury Board of tht Came Creek Indian Bad is h b y e stabkkd and shall conthwinexkkncenotwiWdbgchangesmitsnxmkshiphmtimeto time* 6. T 'Bo ard shall consist of h( 5) IlLembers appointed by the C o u d f b m time to time witb ow (1) mmbr being the Ehd Admb&&r or Executive Director or Chief F M a b r . 7. Two (2) of tbe nw&m of tk Board &dl be mmbmo f tb Council .I 9. The Chairman W preside over the methgs of the Boatd a d sbaR, between meetings of the Boami, d or pafiorm wch of the powers, duties or M n s of the Bosrd as tk Board may &tam&. a) the ~~ and contrul of the collection of Came C d Zn dian Band -; b) themmagmmtmanagementandcontro lof thee~d~ofthe Canoe Creek Indian Brmd, - * * c) the ~~ of m i & of tb h i a l a ctwtxx of the G u m C r d I n d h Band, d) the preparation of the arxrumal budget in accodzmw with tbe priorkits approvedbycuuncil; e) tk preparation of the mual audit of the Caaoe Creek ZEldiaa the reporting and mmmedng to Council on hamiial mattem; and g) all other rHsrtters relating to the k i a l a &irs of the Creek Iaditln Band not assigned by another hyhw or Council resolution to any department o= agenoy- 11. T h e B o a r o l W ~ o r c a u s e t o k p ~ a n y a m e n d m e n t t o t h e a t m u a l - - .-- - ~et fbrtbeCanoeC~Indi t lnBaxadwhich~bemt#1 . l i t t edto theCo~~i~ i l . . for teview and qpmvaL
4 12. TkBoard~maintainorcausetobemm . t a . m edt h e f h m i d m d s o f t b e Came Creek Indian Band through the OfEe of the Treasurer and tbe of tk d mor agcm k 13. The Boardnmypmcrikthe f o m d ~ o n t c n t o f t h e ~ i d r e c o r d s a u d establish the ~~s ystems of tbe Canoe Creek Indian Band. b) a nu+* of Council on the recommdatbn of the Chairman for the m m k m m m d o r 4 c) by a ummbus vote of C o d 15. TbeBaadAdn . m . s mor shan act . . as th smbr n o f b w o f t k T ~ B o a r d d M r r s s i s t t b B o s r d m c a r r y h g o u t i t s d u t k s .T h e m Council wiU a d c u bt k spdk mhm oftbe d& of the Band Admbbmos a n d ~ w i l l i n c h d e t b p ~ o ~ i m p ~ t l t a d e v a l u a t i n g functions. 16. To hilitale th role and repndditks of th Band Admhk&or a Controller Mb e minted by the Carnil a d i s rapmi to tk Baad Adhktmw2:f ir the fibwing: a) thecoaductoftbahm . . s m . t hnnccamytodischrgetbdmmtmtk RYp- ofthe Board, including S h a w n ; b) * -. . su pdsbn of the compilatbn a d ppmtion of the overaaanmaal-; c) the p p m t b n of m u d h m i d statemmts and long-term h w i d pro~~~~dcash~wsasrequiredbm~totinaeby*BoaPd; d) monitoring dkmcc to my agmmmt and fimdiag ~~s entered intobytheCaaoeCdcIndianBandoranydepartmeatorageacy;
.* 17. T h e B o a r d s b a l l b e ~ ~ h r t h e ~ o f ~ C o n t r o t l e r s u b j e c t ~ t h e m n of the Coma and d i m i d of the Controller shall be m accordance withthepmrmelphies ofthe Canoe b k In dian Band as & a b W by CQuaciL COUNCIL'S ROLE The Council shall appoint two (2) Counciliors and two (2) persons h m t k gemzal membership to serve as naembers of the B o d f br a period comkknt with tfie term of o& of the Baad Couwil. 19. ~ C O ~ ~ l ~ a S b a l l o ~ e f i s e e ~ p ~ i a n o f t b e m u a I ~ e t a u d ~ ~ ~ the anwal budget of the Canoe Creek -1 Bada nd any amdmnts thexeto. he ~ o u n c i im' ~i v e and approve the audit oftb ~ n d r Barad The Council may, u p n the r e c ~ m m d a ho~f t~he. B d or upon its own h n , approve of an exception to this bylaw by an a m d i n g tyhw in acco- with stion 83 of tk I+ Act. DELEGATION OF AZlTEIORITY ANNUAL BUDGET 23. The Board sbtlll prepare estimata of the revemes of the C a w Cmk M h B a d for tbe poupose of preparins th annual budget. .. - 24. E . d department manager and agency manager shall prepare the dqmhmt or w ' s ar mual budget for the operation of the department or agency and hll s u m tbe budget prepared to the Board which shall prepare a comlidated armual budget for tk Canoe Creek lndian Band. 25. The amWat budget for the Canoe Creek Indian Band d its agencies shalI be subitted by the k d to C ouncil hr condemhna nd approval. -- 26. Tk Council is sole4 responsli for the appro4 of the ~ollsolidateda m d budget for the Cataoe Creek Indian Band and its ag& for u h fi iscal year. 27. - C o d m y i ncrease allocations of funds in the budget, redwe ab&om of *-. . . fUrmds,orreallocaEefimdstodi&rentsectorsinthermnuaI~
28. The annual budget becomes ofkiai upon approval by the Council by resohtion. 29. CounciI may amid tbe a n n d budget at my time &fore or &er its impkmnhtion. 30. The annual budget shall be made available duriog regular working hours for mspection by ary m m k o f the b e Cre ek Indian Band, and copies are to k provided to Came Creek Indian B a d & on written request to ttae Controller upon payment of a twenty-five ($25.00) dollar k. FINANCIAL MANAGEMENT: DEPOSITS 31. There M..ko ne Consolidated Account ~~ by the Controkr at the MOofD fb Treamq B o d into Wch all Canoe Creek Indian Band furads &dl be deposited. 32. The Controller shall emme the safbketqhg of the Canoe Creek Mian B a d fimdsreceivedandshalif~rthwithdepoSadCanoeC~kLndianBandfUndsto tbe credit of the b e Cre ek Mian Band Consobdated Account. 33. The Board m y a utborh the Coatroller to reahate funds h m t he Canoe Creek h d h B and ComWed Account to other acmunts fbx in- pplrposa or program and services delivery. 34. Funds in the C o n s o w G ccormt shall k a d m h i s t d by the Controller. 35. TbeintmsteamedontheCaxloeCreek~Bandfundsshallbepaidtoth CoosolIdated Account. 36. Operating s u r p b as of tk end of rhe h c d year shall be paid into the Conso*ted Account and dbated or errpended in s c c o w~ith the dimtion of CouflciL mANaAL MANAGEMENT: EXPErnrT'tJmS 37. A U p ~ a n d ~ i s t l c o ~ s h a I l b e i n ~ ~ w i t I r t h e ~ budget or in axordance with Council resolution. 38. The Board my make accountable ad- from the Consolidated Account to an account rrdministered by a department or agency manager on a monthly basis according to the approved mual budget. 39. At the beginning of each year, each dqmbmat and ag- mmger may - receive aone (1) monthadvance or in, such munt as determid by the mual budget and the cash flaw approved armual budget.
40, Wtrere funds have been dmmed to a d e p r h a t or agency, the de-t and agency mmgers &dl report to tk hard on the last day of the following month: a) an invoice listing the funds expended in the previous month; and b) a trial b a h xo f& receipts a d d isbmenmts for the previous month 42. T h e i t w o i o e l i s t i n g m W e d t o t h e B o s r r d s b a l l h r e ~ d ~ v e d b y W Board if reasonably within the approved budget arad upon w h a pproval further advance for the next month shall be made to the dqmhmnt or agency. 42. The Board shall deduct from the current month's advance any amounts ad& in prior months which exceed the amount of the expeadihues as recorded in tk bialb&ulce* 43. The Board may make such adjustmats as are required in the month of the fiscal year to close out the h a l payment for the year. 44. No paymeat shad k mEtde for the @omamm of work, supply of goods or remkhg of services undess the charge in respect of such work, goods or semhs has ~ n ~ r i z e d : b) by a p w n d elegated to authorize pa-; or c) pursuant to ao ageemm entered into Mwem the Canoe Creek Indian Band an8 the person providing such work, goods or services which e&Mshes the mount, or a method of calcdahg the anmu& to b charged for such work, goods or se+. 45. For dl work, goods or xwks that are provided by or though the Caaoe Creek Indian Band or any o t k p erson on beMf of the Canoe C d Ind ian Bad for a fee or other charge, an invoice shall be rendered for pymnt for the work gods or s m k e s . 46. The Trestsurer, department or agency manager each have a role in e n d q invoices are rendered p m m t t o this byiaw.
47. The C o d m y a ppoint &y ~ ~th departmeaS or lagency m anagers and 0th pe~sotlsa s ~~t o approve the p w c b o f goods and semkes. Any e x p d h m i ntbawardingofcontmtsmust receive the prior ajpmdofthe Band ColmiL 48. ~ ~ o t d e r s f b r ~ r ) r l r , g o o d s o r ~ p ~ t ~ t h e ~ c ~ I n d i r r n B a n d nust be remmmded to C o d b y the depolrtment or agency mmger admrized to qpmve the putcbast of goods or &. 49. Each o d m fbr work, goods or smb over $15,000 or such gmier amount as approvedbyCoud,mkappvcdmtbeatmualbudget,shall,inadditionto tbe s@tm of tile or agency mann~i?+, require athst&on by the Controllmas lo avaiWHyof fds. 50. C a p i t a l p u r c k u p t o $ 1 5 , 0 0 0 o r ~ ~ a m 0 ~ a s ~ v e d b y C o u a ~ ~ m a y b e ~ b y a d e p t m n t o r a g c m y ~ i f u p p r o v e d i n t h e ~ budget without going to tender. 51, Capital purchasesoverS15,000andunder$500,000ormsuch~~as approved by Council may be d e by invitatiom to tedtz. Capital pwhasa m ex- of S500,000 or such gmter amounts as appved by Couacil must b2 mde by public tender. In mmgmcy situations telephone bids up to $20,000 or such greater auwm as w v e d ~~~~ m t e d a war- or ag=v providing a written c a W i o n follows h m the bid& d a m r d of telephone bids is filed. hvbtions to teoder shall include: a) tb th and date of closing; b) -ent debits h r nw hich comparable bids can be d, The tmkbg is not to be k s t han fwe (5 ) working days, unless in an e m ! r g e n c y ~ l L
56. All tenders are to be returxred sealed aad addressed to the Canoe Creek Indian Band, clearly marked 'Tendered for ..... .... ..." d the time and date of receipt is to be recorded on the unopened envelope of tender when received. 57. All tenders r w h d s hall be opened in public in the presence of the d q m b m t or agency manager or other person responsible for the tender process. 58. The name of the tender, project, date of bid and amount shown must be recordad. 59. The lowest t&r received shall normalty be accepted unless the a u t h o ~ person deerrts it in the lmt interest of the Canoe Creek Indian Band to do othenvk. 60. where the lowest tender is not accepted, the masons are to be recarded in the document by 'the a~or i zedpe rson accepting tbe contract. 61. Upon w c e p m of a tender for the perfb- of work, goods, or se-, a contract is to k signed by both parties and shall k kept as a portion of the records of the Canoe Creek Mian Band. 62. In the event that an official or employee of the Carme Creek Indim Band has a personal interest in the contract, he or she shall sm the interest and t h e d e r re% from taking part in tbe discussion or participating in the awarding of the contrrtct. 63. No disbummmts or payment on any contract shali be d e wi thout supprtiug docurmntation as detedned by tbe policies of the Board. 64. A i&a per cent (15%) hold-back of hd payment or in such amount as may be determind by Board policy shall mi be releasBd to a contractor until aI1 work is certikd as complete and satkbtory to the Council. 65. The Board may policies aed p ~ o d u mfor the tender process. 66. Any person who holds an o h , i nchding that of Chief or Councillor, or employment with the Canoe Creek M b B snd, its departments or agencies, shall not use that office or employment for pmonrtl gain to the determent of the interests of the Canoe Creek f dian Batmd. -- 67. "Persod gain" shall mean financial bene& for tbe individual or for the m d m s of bis or her hmedkte M y .
68. "Family" shall n spouse, inchding a common law spouse, children, parent, brother, sister, father-in-law, mother-in-law, uncle, aunt, grandparent, son-in-law, daughter-Maw, and also inchades any relative p a m n e d y residing in the perm's laowho~. 69. A person may avoid a c o d k t of interest by disclosing his or her btmst ;prior to the making of a decision and by not participating in the ckisbn. If a person violates the mdlict of interest provision Council wiII, subject to the Canoe Creek Personnel Policy, suspend the employee or o&d from aH privileges and k & so f office or emp10pnt for a @od up to three (3) weeks. The . B . o d m y d evelop detailed codlict of inkrest rules w W s hall govern tb admmstm&n of &uncial a&im of the Canoe Creek Lndian B d w hich shall take effect @on approval by Couucil. These detailed conflict of interesr rub would support those iracIuded &t his bylaw. Council may approve on behalf of the Came Creek lndian Band such m t s of f Unding - e m s wikh the f k d d and provincial govermnents or with any other party for tk provision of funding for the Canoe Creek Indiaa Band, its agencies-a nd other bodies. Where an ageexmnt or amqement has bew approved under section 73 and on the w m m d a t b n of tk Treaslrry B o d , the Council m y approve an a k m d v e m a a g a m t far tk mmgemmt of money received The fiscal year of the Came Creek Indian Band Govemmmt shall h h m A pril I* of each year to March 31* in the following year. AUDIT Council shall appoint try resohrtin an auditor or auditors a n a d y to audit the books and records of the Canoe Creek Mian B a d The auditor or auditors shall h a nmnh of a recognized proksional accounting association. The auditor or auditors shall report to Council.
79. The audit dull inch& dl tramdons invokng the Cmw C d c l ndian Band funds. 80. The auditor or auditors are entitled to access: a) all books, record%,a ccounts a d v o u c h , b) infomation from any dqarbmt or agency matwger necessary fbr the compktio~o~f the audit, c) Council mlutions and b y h ; e) agreemerits COdW sny other related documents. 81. T h e t w d i t s h a n b e i n a c c o ~ w i t h g e n e r a l l y a c a p t e d ~ m t i n g ~ u r e s and shall include a generaI review of th adequacy of the accounting W u r e s aad of wntrol employed to pmme and protest the asets of tb Canoe CXeeklxldianBand. 82, T h e B o s t d ~ p r o ~ t h e ~ o n w i t h ~ ~ ~ ~ c o n c e m i n g t k ~ ~ and, through the ControIlw, staail assist the auditor or auditors in the completion of the ruadit. 83. After the review of the a m d a uda by the Board, tk auditor or auditors shall pmmt the annual latdit to the C o u d u pon completion of tk anrrual audit. 84. T b e a u d a e d h A - M b e m b y t h e C o ~ l l ~ i l b y m b a t a tmeeting and signed by the Chief and such other person as Q e- by the C o d PUBLIC 85. Upon mipt of the auditor's report by Cotmil, m p k of the report shall be posted in such public p k as d etcmimd by Council. 86. lh Controller shall retain tk written report of the auditor, togetk with tk related h i a l s tatemmts and aay mmbr of the Canoe Creek Indian Bad m y ~ t h e m Q l r i n g t e g u l a r o ~ ~ u t s a n d ~ b y b ~ o r h u g h h i s ~ a t h i s o w n e ~ ~ e a c o p y o f t h e r e p o r t o r q p a r t o f i t .
A decision d in 1- of this trylaw is voidable by vote of a majority of Colin& This bylaw is fiereby enacted by Council at a duly mnvened meeting kld on the 12 day of-, 2004. CHIEF HILLARY ADAMS I - ~UNCILLORA NDREW BOSTON PHYLLIS ROSETTE
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.