CERTIFICATION Pursuant to Section 86, Indian Act RSC 1985 C .I-5 and amendments thereto, I certify that the attached copy of the Blueberry River Indian Band Financial Administration By-law No . 01-2002, dated 28th day of October, 2002 is a true copy of the said by-law . Thomas Howe, Director Lands and Trust Services, a Superintendent as defined in Sec 2(1) Indian Act RSC 1985
Minister of Indian Affairs Ministre des Affaires and Northern Development indiennes et du Nord canadien Ottawa, Canada K1A OH4 I, the Minister of Indian Affairs and Northern Development, HEREBY APPROVE, pursuant to section 83 of the Indian Act, the following by-law made by the Blueberry River Indian Band, in the Province of British Columbia, at a meeting held on the 28~' day of October 2002. Blueberry River Indian Band Financial Administration By-law Dated at Ottawa, Ontario this day of ,2OO,3
BLUEBERRY RIVER INDIAN BAND BYLAW No. D I _,.? 00a A bylaw to regulate the receipt, management, and expenditure ofBlueberry River Indian Band funds and establish the administrative structure of the Blueberry River Indian Band ; WHEREAS section 83 of the Indian Act, R.S.C . 1985, c.I-5, provides that Council may, subject to the approval of the Minister ofIndian Affairs and Northern Development, make bylaws-for the following purposes : , the appropriation and expenditure ofmoneys of the Blueberry River Indian Band to defray the Blueberry River Indian Band expenses ; . the appointment of officials to conduct the business ofthe Council and prescribing their duties ; and . with respect to any matter arising out of or ancillary to the exercise of the aforementioned power; AND WHEREAS the Council of the Blueberry River Indian Band has determined that it is desirable and necessary that a financial management bylaw be established for the purposes set out in section 83(1) ofthe Indian Act and for the better administration of the Blueberry River Indian Band's business ; NOWTHEREFORE the Council ofthe Blueberry River Indian Band at a duly convened meeting ofthe Council enacts the following bylaw: TITLE 1. This bylaw maybe called the "Financial Administration Bylaw" . DEFINITIONS 2 . In this bylaw, "Administrator" means the Blue Berry Indian Band's most senior office administrator or manager; "agencies" means any board, tribunal, commission, committee ofthe Blueberry River Indian Band ; "annual budget" means the forecast ofplanned expenditures for the forthcoming fiscal year by the Blueberry River Indian Band; "agreement" means any written contract between the Blueberry River Indian Band and another party or parties, including the federal government, the provincial government or a third party, pursuant to which money is to be paid to the Blueberry River Indian Band; "Blueberry River Indian Band funds" means all moneys belonging to the Blueberry River Indian Band and includes : a) all revenues ofBlueberry River Indian Band; b) money borrowed by the Blueberry River Indian Band ; c) money received or collected on behalfof the Blueberry River Indian Band; and d) all moneys that are received or collected by the Blueberry River Indian Band pursuant to any agreement or funding arrangement and is to be disbursed for a purpose specified by Council or pursuant to that agreement or funding arrangement;
but does not include : e) money received by the Blueberry River Indian Band on behalfof an individual or corporate entity, where Council has approved an alternative arrangement for the managing of the money pursuant to section 74 ofthis bylaw; "board" shall mean the Blueberry River Indian Band Treasury Board established pursuant to this bylaw; "council" shall mean the Chiefand Council of the Blueberry River Indian Band; "department" means an administrative division of the Blueberry River Indian Band Government as established from time to time by Council and includes service centres, administrative units and other internal organizational units of the Blueberry River Indian Band administration ; "resolution" means a decision made at a meeting ofa quorum of Council. APPLICATION 3. This bylaw governs the receipt, management and expenditure ofBlueberry River Indian Band funds and the administrative organization ofthe Blueberry River Indian Band to manage the funds. 4. This bylaw applies to all Blueberry River Indian Band departments and agencies . All or portions of this By-law maybe adopted by any corporate body controlled by the Blueberry River Indian Band including a society, non-profit corporation or business corporation . TREASURY BOARD 5. A Treasury Board of the Blueberry River Indian Band is hereby established and shall continue in existence notwithstanding changes in its membership from time to time . 6. The Board shall consist of five (5) members appointed by the Council from time to time with one (1) member being the Administrator . 7. Two (2) of the members ofthe Board shall be members ofthe Council and one of those members will be the Chief of the Blueberry River Indian Band . 8 . The Chairman shall be the Administrator. 9. The Chairman shall preside over the meetings of the Board and shall, between meetings ofthe Board, exercise or perform such ofthe powers, duties or functions ofthe Board as the Board may determine. 10 . The Board shall be responsible for: a) the management and control of the collection ofBlueberry River Indian Band funds; b) the management and control of the expenditures and disbursements of the Blueberry River Indian Band ; c) the maintenance ofrecords of the financial activities of the Blueberry River Indian Band; d) the preparation of the annual budget in accordance with the priorities approved by Council; e) the preparation ofthe annual audit of the Blueberry River Indian Band; f) the reporting andrecommending to Council on financial matters; and g) all other matters relating to the financial affairs of the Blueberry River Indian Band not assigned by another bylaw or Council resolution to any department or agency.
11. The Board shall prepare or cause to be prepared any amendment to the annual budget for the Blueberry River Indian Band which shall be submitted to the Council for review and approval . 12. The Board shall maintain or cause to be maintained the financial records ofthe Blueberry River Indian Band through the Administrator and the managers of the departments or agencies . 13 . The Boardmayprescribe the form and content of the financial records and establish the accounting systems ofthe Blueberry River Indian Band Indian Band . 14 . A member of the Treasury Board may be removed from office : (a) by the Chairman ifthe member has missed three (3) consecutive scheduled meetings of the Treasury Board; (b) by a majority of Council on the recommendation of the Chairman for the members removal; or (c) by a unanimous vote of Council. 15 . TheAdministrator shall act as the senior administration officer of the Treasury Board and shall assist the Board in carrying out its duties . The Band Council will articulate the specific nature of the duties of the Administrator and these will include the planning, organizing, implementing and evaluating functions. 16 . To facilitate the role and responsibilities ofthe Administrator a Controller shall be appointed by the Council and is responsible to the Administrator for the following: (a) the conduct of the administration necessary to discharge the administrative responsibilities of the Board, including staff supervision ; (b) the administrative supervision of the compilation and preparation of the overall annual budget; (c) the preparation ofannual financial statements and long-term financial projections and cash flows as required from time to time by the Board; (d) monitoring adherence to any agreement and funding arrangements entered into by the Blueberry River Indian Band or any department or agency ; (e) administration and supervision of the financial records and reporting systems; (f) the maintenance ofrecords ofall receipts and expenditures in such a manner so as to facilitate the annual audit; and (g) any other task assigned by the Board. 17 . The Council shall be responsible for the hiring ofthe Controller and dismissal of the Controller shall be in accordance with the personnel policies of the Blueberry River Indian Band as established by Council. COUNCIL'S ROLE 18. The Council shall appoint two (2) Councillors and two (2) persons from the general Blueberry River Indian Band membership to serve as members of the Board for a period consistent with the term of office ofthe Council. 19. The Council shall oversee the preparation ofthe annual budget and shall approve the annual budget ofthe Blueberry River Indian Band and any amendments thereto.
20. The Council shall receive and approve the annual audit of the Blueberry River Indian Band . 21 . The Council may, upon the recommendation ofthe Board or upon its own motion, approve ofan exception to this bylaw by an amending bylaw in accordance with section 83 of the Indian Act. DELEGATION OF AUTHORITY 22. On the recommendation of the Board, the Council mayapprove the delegation of authority to approve expenditures on behalf of the Blueberry River Indian Band within the annual budget and consistent with the financial organization ofthe Blueberry River Indian Band . ANNUAL BUDGET 23. The Board shall prepare estimates of the revenues of the Blueberry River Indian Band for the purpose ofpreparing the annual budget. 24 . Each department manager and agency manager shall prepare the department or agency's annual budget for the operation of the department or agency and shall submit the budget prepared to the Board which shall prepare a consolidated annual budget for the Blueberry River Indian Band Indian Band. 25 . The Board shall submit the annual budget for the Blueberry River Indian Band and its agencies to Council for consideration and approval . 26. The Council is solely responsible for the approval ofthe consolidated annual budget for the Blueberry River Indian Band and its agencies for each fiscal year. 27 . Council may increase allocations of funds in the budget, reduce allocations of funds, or reallocate funds to different sectors in the annual budget. 28 . The annual budget becomes official upon approval by the Council by resolution . 29. Council may amend the annual budget at any time before or after its implementation . 30 . The annual budget shall be made available during regular working hours for inspection by any member of the Blueberry River Indian Band, and copies are to be provided to Blueberry River Indian Band members on written request to the Controller upon payment of a twenty-five ($25.00) dollar fee. FINANCIAL MANAGEMENT: DEPOSITS 31. There shall be one Consolidated Account established by the Controller at the direction ofthe Treasury Board into which all Blueberry River Indian Band funds shall be deposited. 32. TheController shall ensure the safekeeping of the Blueberry River Indian Band funds received and shall forthwith deposit all Blueberry River Indian Band funds to the credit of the Blueberry River Indian Band Consolidated Account. 33. The Board may authorize the Controller to reallocate funds from the Blueberry River Indian Band Consolidated Account to other accounts for investment purposes or program and services delivery . 34. Funds in the Consolidated Account shall be administered by the Controller.
35 . The interest earned on the Blueberry River Indian Band funds shall be paid to the Consolidated Account. 36 . Operating surpluses as ofthe end ofthe fiscal year shall be paid into the Consolidated Account and allocated or expended in accordance with the direction of Council. FINANCIAL MANAGEMENT: EXPENDITURES 37. All payments and financial commitments shall be in accordance with the annual budget or in accordance with Council resolution. 38 . The Board maymake accountable advances from the Consolidated Account to an account administered by adepartment or agency manager on a monthly basis according to the approved annual budget. 39. At the beginning ofeach fiscal year, each department and agency manager may receive a one (1) month advance or in such amount as determined by the annual budget and the cash flow approved annual budget . 40. Where funds have been advanced to a department or agency, the department and agency managers shall report to the Board on the last day of the following month: (a) an invoice listing the funds expended in the previous month; and (b) a trial balance ofthe receipts and disbursements for the previous month. 41 . The invoice listing submitted to the Board shall be reviewed and approved by the Board if reasonably within the approved budget andupon such approval further advance for the next month shall be made to the department or agency . 42 . The Board shall deduct from the current month's advance any amounts advanced in prior months which exceed the amount ofthe expenditures as recorded in the trial balance. 43 . The Board may make such adjustments as are required in the last month of the fiscal year to close out the final payment for the year . FINANCIAL REPORTING : INVOICING 44. No payment shall be made for the performances of work, supply ofgoods or rendering ofservices unless the charge in respect of such work, goods or services has been authorized : (a) pursuant to aCouncil resolution ; (b) by a person delegated to authorize such payment ; or (c) pursuant to an agreement entered into between the Blueberry River Indian Band and the person providing such work, goods or services which establishes the amount, or a method of calculating the amount, to be charged for such work, goods or services . 45. For all work, goods or services that are provided by or through the Blueberry River Indian Band or any other person on behalf of the Blueberry River Indian Band for a fee or other charge, an invoice shall be rendered for payment for the work, goods or services . 46 . The Administrator, department or agency manager each have a role in ensuring invoices are rendered pursuant to this bylaw.
AWARDING OF CONTRACTS 47. The Council mayappoint by resolution the department or agency managers and other persons as authorized to approve the purchase ofgoods and services . Any expenditures in the awarding of contracts must receive the prior approval ofthe Band Council. 48 . All orders for work, goods or services provided to the Blueberry River Indian Band must be recommended to Council by the department or agency manager authorized to approve the purchase ofgoods or services . 49. Each order for work, goods or services over $15,000 or such greater amount as approved by Council, unless approved in the annual budget, shall, in addition to the signature of the department or agency manager, require attestation by the Controller as to availability of funds. =' TENDERS 50. Capital purchases or expenditures up to $15,000 or such greater amounts as approved by Council maybe made by a department or agency manager ifapproved in the annual budget without going to tender. 51 . Capital purchases or expenditures over $15,000 must receive the prior approval of Council, notwithstanding that they are in an approved budget . 52 . Capital purchases or expenditures in excess of$500,000 will be made by public tender unless the Council determines otherwise. 53 . In emergency situations telephone bids up to $20,000 or such greater amount as approved by Council maybe accepted by a department or agency manager providing a written confirmation follows from the bidder,and a record of telephone bids is filed . 54 . Invitations to tender shall include: (a) the time and date ofclosing; (b) sufficient details from which comparable bids can be made ; (c) the time, date, and place tenders are to be opened ; and (d) amount of security deposit if required . 55 . The tendering period is not to be less than five (5) working days, unless in an emergency situation. 56. All tenders are to be returned sealed and addressed to the Blueberry River Indian Band, clearly marked "Tendered for. . . . . . . . . . ." and the time and date ofreceipt is to be recorded on the unopened envelope oftender when received . 57. All tenders received shall be opened in public in the presence of the department or agency manager or other person responsible for the tender process. 58 . The name ofthe tender, project, date of bid and amount shown must be recorded . 59 . The lowest tender received shall normally be accepted unless the authorized person deems it in the best interest ofthe Blueberry River Indian Band to do otherwise. 60. Where the lowest tender is not accepted, the reasons are to be recorded in the document by the authorized person accepting the contract. 61 . Upon acceptance of a tender for the performance of work, goods, or services, a contract is to be signed by both parties and shall be kept as a portion of the records ofthe Blueberry River Indian Band . 62 . In the event that an official or employee of the Blueberry River Indian Band has a personal interest in the contract, he or she shall signify the interest and thereafter refrain from
taking part in the discussion or participating in the awarding ofthe contract . 63 . No disbursements or payment on any contract shall be made without supporting documentation as determined by the policies of the Board. 64 . A fifteen percent (15%) hold-back offinal payment or in such amount as maybe determined by Board policy shall not be released to a contractor until all work is certified as complete and satisfactory to the Council. 65. The Board may establish policies and procedures for the tender process. CONFLICT OF INTEREST 66. Any person who holds an office, including that of Chief or Councillor, or employment with the Blueberry River Indian Band, its departments or agencies, shall not use that office or employment for personal gain to the determent ofthe interests of the Blueberry River Indian Band . 67. "Personal gain" shall mean financial benefit for the individual or for the members of his or her immediate family. 68. "Family" shall mean a spouse, including a common law spouse, children, parent, brother, sister, father-in-law, mother-in-law, uncle, aunt, grandparent, son-in-law, daughter-in-law, and also includes any relative permanently residing in the person's household. 69 . Aperson may avoid a conflict of interest by disclosing his or her interest prior to the making ofa decision and by not participating in the decision . 70 . Ifa person violates the conflict ofinterest provision Council will, subject to the Blueberry River Indian Band, suspend the employee or official from all privileges and benefits ofoffice or employment for a period up to three (3) weeks. 71 . The Boardmay develop detailed conflict ofinterest rules which shall govern the administration offinancial affairs ofthe Blueberry River Indian Band which shall take effect upon approval by Council. These detailed conflict of interest rules would support those included under this bylaw. 72. An appeal ofsuspension or dismissal can be made to the Band Council. AGREEMENTS 73. The Councilmayapprove on behalf ofthe Blueberry River Indian Band such agreements offunding arrangements with the federal and provincial governments or with any other party for the provision of funding for the Blueberry River Indian Band, its agencies and other bodies . ' 74. Wherean agreement or arrangement has been approved under section 73 and on the recommendation ofthe Board, the Council may approve an alternative arrangement for the management ofmoney receive,d . FISCAL YEAR 75. The fiscal year ofthe Blueberry River Indian Band Government shall be from April lst of each year to March 31st in the following year . AUDIT 76. Council shall appoint by resolution an auditor or auditors annually to audit the books and records of the Blueberry River Indian Band.
77 . The auditor or auditors shall be a member ofa recognized professional accounting association. 78 . The auditor or auditors shall report to Council. 79 . The audit shall include all transactions involving the Blueberry River Indian Band . 80 . The auditor or auditors are entitled to access : (a) all books, records, accounts and vouchers ; (b) information from any department or agency manager necessary for the completion ofthe audit; (c) Council resolutions and bylaws ; (d) administration and financial regulations ; (e) agreements, contracts, and any other related documents. 81 . The audit shall be in accordance with generally accepted accounting procedures and shall include a general review ofthe adequacy of the accounting procedures and systems of control employed to preserve and protect the assets of the Blueberry River Indian Band . 82 . The Board shall provide the auditors with instructions concerning the annual audit and, through the Controller, shall assist the auditor or auditors in the completion of the audit. 83. After the review of the annual audit by the Board, the auditor or auditors shall present the annual audit to the Council upon completion of the annual audit. 84 . The audited financial statement shall be accepted by the Council by resolution at a meeting and signed by the Chiefand such other person as designated by the Council. PUBLIC 85. Upon receipt of the auditor's report by Council, copies ofthe report shall be posted in such public places as determined by Council. 86 . The Controller shall retain the written report of the auditor, together with the related financial statements and any member ofthe Blueberry River Indian Band mayinspect them during regular office hours andmayby himself or through his agent, at his own expense, make a copy ofthe report or any part of it.
AMENDMENTSAND REPEAL 87. A decision made in contravention ofthis bylaw is voidable by vote ofa majority of Council. 88. Amendment or repeal ofthis bylaw shall be in the manner stipulated by the Indian Act. This bylaw is hereby enacted by Council at a duly convened meeting held on the day of (')r+,pb-Qn_ IR27 2002 . Councillor
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.