Ministre des Affaires indiennes et Minister of Indian Affairs and du Nord canadien et interlocuteur federal Northern Development and Federal Interlocutor aupres des Metis ilt des Indiens non inscrits for Metis and Non-Status Indians Ottawa, Canada K 1A OH4 I, the Minister of Indian Affairs and Northern Development, HEREBY APPROVE, pursuant to section 83 of the Indian Act, the following bylaw made by the Alexis Nakota Sioux First Nation, in the Province of Alberta, at a meeting held on the 2nd day of March 2006. Alexis Nakota Sioux First Nation Trust Revenue Account By-law Dated at Ottawa, Ontario this II cj'h day of Apr,\ 2006. Canada
ALEXIS NAKOTA SIOUX FIRST NATION TRUST REVENUE ACCOUNT BYLAW WHEREAS: A. Pursuant to section 83 of the Indian Act, R.S.C. 1985, c. 1-5, the Council of a First Nation may, subject to the approval of the Minister of Indian Affairs and Northern Development, enact bylaws for the appropriation and expenditure of moneys of the band to defray band expenses and matters arising out of or ancillary thereto; B. The Alexis First Nation ("Alexis") has entered into a Trust Agreement (the "Trust Agreement") dated for reference as of the 1 51 day of December, 2003 between Alexis, as Settlor, and Royal Trust Corporation of Canada (the "Trustee"), as Trustee, establishing the Alexis Trust (the "Trust"); C. Pursuant to the terms of the Trust Agreement, Settlement Assets are to be paid to the Trustee and deposited by the Trustee into a Heritage Account (the "Heritage Account"); D. Pursuant to the terms of the Trust Agreement, funds received and held by the Trustee in the Heritage Account may be invested in Authorized Investments which will generate an Annual Income (as defined in the Trust Agreement); E. Pursuant to the Trust Agreement, the Annual Income of the Trust which is generated on Authorized Investments made from the Heritage Account (. the "Revenue") is to be paid by the Trustee within sixty (60) days of the end of each Fiscal ''{'ear 8S defined in the Trust Agreenlsnt to the "PJ:?:ds Trnst Revenue Account" established by the Council for the purpose of receiving such Revenue; and F. Council of Alexis wish to enact the following bylaw to govern the expenditure of Revenue paid to the Alexis Trust Revenue Account. SHORT TITLE 1. This bylaw shall be known as the Alexis First Nation Trust Revenue Account Bylaw (the "Bylaw"). 2. Definitions: (a) "Alexis Business Entity" - means, a joint venture, partnership, trust, corporation or other business organization in which a majority of the shares and/or"the controlling interest is held by or for the benefit of Alexis and which engages in or is intended to engage in commercial activities to generate profits and revenues for the benefit of the Alexis. -1-
(b) "General Band Meeting" - means, for the purpose of this By-law, a meeting called by Council for which thirty (30) days Notice of the time, date, place and agenda of the meeting is posted at places on reserve. (c) "Majority of Electors" - means fifty percent (50%) plus one of the number of persons who voted, voted yes. Terms not defined herein shall have the same meaning in the Alexis Trust Agreement and Amending Agreement. HERITAGE ACCOUNT REVENUE 3. (a) Upon receipt of the payment of the Revenue by the Trustee pursuant to s.6.2 of the Trust Agreement, Alexis shall: (i) Pay 20% of the Revenue received to the Alexis Trust; (ii) Prior to expending the balance (80%) of Revenue remaining in this Account, the Council shall obtain approval of a Majority of Electors present at a General Band Meeting for an annual budget stating how the funds are to be expended on programs and services for Members in that Fiscal Year. RESTRICTION OF USE OF REVENUE 4. (a) The Council and Members may not assign, directly or indirectly, future Revenue payable to this account by the Trustee for the purposes of securing or guaranteeing loans from a financial institution for the Alexis First Nation, an Alexis Business Entity or any other purpose. . (b) Subject to 3(a)(ii), the Council and Members may use up to fifty percent (50%) of the balance of the funds in this Alexis Trust Revenue Account for payments of per capita distribution. REPORTiNG AND ACCOUNTABiLiH 5. The Council shall annually report at the General Band Meeting how Revenue paid into the Alexis Trust Revenue Account was expended in the prior Fiscal Year. GENERAL 6. Headings form no part of this Bylaw but shall be construed as being inserted for convenience of reference only. -2-
7. A finding by a court of competent jurisdiction that a section or provision of this Bylaw is void or invalid shall not affect or bear upon the validity or invalidity of any other section or part of this Bylaw or this Bylaw as a whole. 8. In this Bylaw, words in the singular include the plural, and words in the plural include the singular. AMENDMENTS AND REPEAL 9. Prior to the approval of any amendment or repeal of this Bylaw by the Minister pursuant to s.83 of the Indian Act, the proposed amendment shall be set out in a Band Council Resolution and approved in a Referendum held pursuantto the Alexis Trust Referendum Regulations in which fifty (50%) percent plus one (1) of the total number of eligible Electors vote, and seventy (70%) percent plus one (1) of those who vote, vote in favour of the amendment. COMING INTO FORCE 10. This Bylaw shall come into force immediately upon being approved by the Minister of Indian Affairs and Northern Development. THIS BYLAW IS HEREBY PASSED BY COUNCIL RESOLUTION OF THE ALEXIS FIRST NATION AT A DULY CONVENED MEETING HELD ON THE L DAY OF }:ian ('h , 2004, A QUORUM EXISTING. --;" . ,-:;- \ Cl1tilf Ro C ou n c ill 0 r Qa./:y./l-P otts f-,'-Uc.e ~) Councillor Darwin Alexis Councillor Charles Letendre -: \ B~ Q. // ~~ C -3-
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