Partie II - Lois des Premières nations promulguées

Informations sur la décision

Contenu de la décision

NUV.EY' 'Be 14:41 INAC BC REGIONAL OFFICE P. 004 MUSQUEAM INDIAN BAND FINANCE BY-LAW On January 18, 1980, the Musgueam Indian Band adopted "The Musgueam Band Budget By-Law, By-Law No- 1980-1981, under Section 83, sub-section (l)(b) of the Indian Act1' and was for the second time adopted as amended by the Musqueam Band on August 20, 1987, and is hereafter designated as By-Law No# 1987-1988, under Section 63. The following is therefore a copy of the amended By-law. "MUSQUEAM BAND OF INDIANS BY-LAW NO. 1987-1988 BAND BUDGET BY-LAW" "WHEREAS : A. The Musqué are Band of Indians has been declared by Order in Council P.C. 1966-547 dated March 23, 1966 to have reached an advanced stage of development pursuant to Section 83(1) of the Indian Act/ B. The Council of a Band that has reached an advanced stage of development may make By-Laws for the appropriation and expenditure of moneys of that Band pursuant to Section 83(1) paragraph (b) of the Indian Act. NOW THEREFORE the Council of the Musqué am Indian Band in open meeting assembled enacts as follows; 1. For the purposes of this By-Law: (a) "Annual Budget"- means the budget of Moneys of the Band for a Fiscal Year of the Band. (b) "Band" means the Mus que am Indian Band. (c) "Band Council" means the Council of the Musqué am Indian Band. (d) "Band M us Of q f u i e c a e m " I m n e d a i n a s n B t a h n e d . Administration Office of the (e) "Fiscal V9ar*mean5 the year commencing on the first day of April of a calendar year and ending
'87 14:4c:' INAC BC REGIONAL OFFICE on the last day of March of the next following calendar year. ( f ) "Moneys of the Band*' means the income of the Musqueam Indian Band received from all sources, other than Court awarded damages, the anticipated figures for which for the current Fiscal Year, excepting therefrom governmental grants, contributions and loans which are the subject of separate agreements, are as shown on schedule "A" (Band Receipts) attached hereto. (g) "Revenue Moneys" means money collected by the Musqueam Indian Band pursuant to authority vested in it under Section 69(1) of the Indian Act, 2. The Band Council is hereby authorized to make expend­ itures to defray Band expenses for the current Fiscal Year as shown on Schedule "B" (Maximum Anticipated Expenditures) attached hereto. 3. Schedules "A" and "B" in respect of a particular Fiscal Year must be approved by a resolution of a ma jority of those Band electors who are present at a duly convened meeting for that purpose on or before the 15th day of February preceedlng the commencement of the fiscal year for which a budget is being considered and schedules A & B. Once approved will be incorporated as part of this By-Law until the end of the Fiscal Year to which they apply. 4. B A a ll n d g w o h v i e c r h n me ar n e t al t he g ra s n u t b be expended and administered in accordance with the terms and conditions of such agreements. 5. T c h a e u se B an t d he C t o o u t n a c l i l a m mo a u y n t n the Annual Budget or any amendments thereto to be exceeded. 6. m T a h j e o r B i a t n y d o C f o u a n l c l i l t m he a y m e b special meeting of Council make an amendment to the a A p nn p u r a o l v ed B ud b g y e t t he P R B O a V n I d D ED c (i) it has first beer, posted on the notice board in C th o e u nc B i a l n d ma O y f fi d c i e r ec o ten (10) days before being referred to & meeting of the members of the Band, andP.005 V s j , e ct c o o n f t ri s b e u p t a i r o t n e s ag a r nd e em l e o n a t ns s m t u o st the ot a l m l a o k c e a te a d n e f x or p en t d h i e tu e r x e p en t d h i a t t u r w e i ll i n m y b e a rs r e c s f o lu C t o i u o n n c il a pp at r ov a ed r eg by u la a r or o T u H nc A i T l no u nl su e c s h s amendment can be i)i( t r a f t o r su a ch p er o i t o h d e r of p la n c ot e a le s s s t - he t ha B n and
NOV.27 '87 14:42 INftC BC REGIONAL OFFICE (ii) o i f t h t a h s o se b e B en a nd a p e p l ro e v c e t Meeting duly convened for that purpose. k 7. a A me c n o d p m y e n of t s th t e h er a e p t p o r , o ve i d n c B l "A and "B", will be available for inspection by members of the Band at all reasonable times during the Fiscal Year. 8. Subject to sections 10 and 11 of this By-Law, the Band Council may not incur any expenditures on behalf of the Band that would cause the total expenditures incurred on behalf of the Band in the Fiscal Year to exceed: (a) the Moneys of the Band; and (b) any accumulated revenue surplus of prior years appropriated for the Annual budget or any amendments thereto. 9. For the purposes of this By-Law, the Band Council can enter into a contract for the supply of materials, equipment and services, professional or otherwise, required for the operation, maintenance and admin­ istration of the Band and the Band property without the consent of the electors of the Band, but the duration of the contract shall not exceed three years. 10. N c o o t nt w a i i t n h e s d t , a nd t i he n g Ba a n ny d t h C i o n u g n B a a n n d d s c er o v n i t c r e a s c , t p f r o o r fe t s h s e i o s n u the operation, maintenance and administration of the Band and the Band property for a duration exceeding three years. 11. (a) Except for resolutions described in section 7 hereof, the Band Council may not authorize expenditures contrary to the provisions of this By-Law. (b) A a n u t e h m o p r l i o z y e e d e to a s a d p e p s r i o provided for in the Annual Budget PROVIDED that no single expenditure approved by such employee may exceed the budgetted amount for any specific activity. (c) Any member of the Band Council who ha© financial signing authority and any employee designated pursuant to sub-section (b) hereof shall first, reP . LHJ6 d o rs b y pr a e s r e é n s t o , lu a t t Ge of n er a a l m a B j a o n r d ity y u d L in a g w a a m nd e nd a me c n o t p s y o t f o S al c l hedules ci t l o m t a he y w c i o t n h t ra t r he y h c e o r n e se i n n t of the a p l p ly or of o th m e a r t w e i r s i e a , l s, r eq e u q i u r i e p d m en f t o r g ve n at e e x d p e b n y d it o u h r e e s C ou t n h c a i t l a m re ay be
-) : L . ■: BC REGIONAL OFFICE b s o a n t d a e i d f ac b t y o r a y pu to b li t c h !?2. The Band Membership shall appoint an auditor to audit thfc accounts and transactions of the Band and every w a h d i m c i h n is n t o r a s t t i a v t e u t b or o y d y pr h o a v n 13. T B h a i n s d B B u y d g L e a t w B s y h a L l a l w , b e By h e This By-Law was received by the Council of the Musqueam Band of Indians at a duly convened Council meeting held August 11, 1987, and Was discussed at a meeting of the members of the Musqueam band, held August 20, 1987 a ( s c o S p c y he of d ul t e h e H n C o t ) ic a p e r l o e p c o to s r e s d b a u c d t g u e a t l ly a n of the Band held AUGUST 20, 1987. The by-Law herein was reconsidered and approved by a resolution at a duly convened meeting of the Council of the Musqueam Band held on SEPTEMBER 29, 1937. The original was signed by:P. wy e bo B n a d n i d n * g, company in an amount i d s li i n o g n M i o s ne m y ad s e . of the Band for L re a a w f t No e . r c 1 i 9 t 8 e 7-d 1 9 a 8 s 8 . the Musqueam e n d is a m h a e j r o e r w i i t th y o a f t ta t c he hed v d ot B i y n g L aw e nd a o t rs a ed r ef th e e r endum
KDSQDI1K IÏDIAÏ BUD BUDGET TEAR EADED RARCB 31, 1S3S i, Leasts aod Ferait k e m u t Sbanohnessy Golf Course Busgueai kecreation-Base -Partici p a t i o n Parcel A Cai bai Lee Taras Lai Eab lare Chinese Users lee Canadian lorest Iroducts Ebonnocl korth Eraser Barboor C o m s i o c Pacific Torino Ed Kclit l a r a / L a d n e r 14 Alliance Tribal Council TOTAL REFEÏÜES Less; S b a o p e s s f tees held in trust S. Interest Rinisterial lands $336,686 7.51 Principal lands .1,265,066 S .61 P r o p e r t y Tar k e s e m 2 U S 8 7.SI Canada life Bcrtoaoes 81,666 11.01 Surplis tonds., m i n u s account, etc. 506,066 7.SI TOTAL ICTERES? REFEïüE Schedule A $33,218 15,158 31,8*8 35,29$ 2,358 7(7 2,621 22,866 25,129 6,689 62,668 8,665 3,669 $247,243 33,218 -$214,625 $24,756 113,856 1,875 8,586 37,506 $186,475 ctKStscc:
r . ' . r ; : z i x i i u p a x : BUDGET fOF: TEAR ERDEB RiF.CE EASE REVESDE 7UKDS n e 1588/1983 1S87/1S88 REMARKS ,î VEiur Res; and least 214,821 241,262 interest See Schedule 7. 188,<75 265,556 liser iees (.see See Schedule A 3.744 Rater users Transfer cf tunes - Ottawa 453,666 467,657 htsceilaneous ketcDue E5.lt ci interest s.eec 5.666 Transter - Soeciai Purposes iced e 334,838 Transfer - Otcei P r o e m s 12. M e 16,875 See P r o e m s 112,24,2? îraasitr Coiïutity health 4. see 4,326 See Proprai 125 875,566 1,218,6(6 jÎPEEDITDRES Suoery l.eei 2.366 C.E.E.C. 12S.S2C 125,826 He&ber lortpapes B i s t r i P u u c t - current 76.666 76, M» louerais 7,666 £.214 C D n s t i a s party - Cbiiorei 4,286 2.566 iepui iees - StaupDnessy i5.ee? 261666 Lepa) tees - peneral 25.666 58.884? hocatte Payieats ï 137,347 S U D S i o y: kecreatiot 15,631 IS, 456 See P r o p m {22 Aotisistratioo 152,6 hoca.1 Sort. Service •, 6 u 2 114,226 See P r o e m {25 212.616 See P r o p m {27 Capita! Projects Office: - 2 4 , 8 6 6 21,78? See Proprai {-2 Capital Socsiut Putt it.eee 166,866 Capital housiue - 5 cults 7i,eee r* V 5 Dev heasinp units - shortfall BOBS1DÇ - revenu* £ 24,?54 Set P r o p m 142 Drop aid U c c a o ! 6, ? 5 6 Set Propra» {24 Eiders Eistory e 25,666 Carry over strpius Dcacatiot n. see 61,476 See Proprai 486 CoBïctity Based Sertîtes 2 . 7 ? Stt Prcpiar 42t Property Stud? - Celtic (*. 266,666 Crisis Ceatre Creep heat . 2 : , ; ïW ? Heaftatioss / start-up costs Elders C t t u t 2z. 6 Set Propra» {22 Special Pcrpose Peas e 72.255 Loncnons* Lipctses c.ee? Cetticpeacy e 1,66' S 7 5 , h 1.1:1.224 H O E S : EE7ESUE!/EIFEHD:TC?.!S î 21.422 s t s : s t t : t : ï ï r r ï j ret:
NOV.27 '87 14:43 INAC BC REGIONAL OFFICE SCHEDULE *'CH MUSQUEAM BAND BUDGET BY-LAW BY-LAW NO. 1980-1981 N O T I C E There will be a referendum of the Band members of the Musgueam Band from 8:00 A.M. TO 8:00 ?,M. on February IS, 1980 to be held at the Band Community Hall for the following purposes : To consider the proposed Band Budget By-Law and to consider the proposed budget of receipts and Y e e x a p r e nd c i o t m u m r e e n s c in of g M A o p n r e il y s 1, approval of a majority of electors of the Band there present, the Band Council intends to approve the proposed Band Budget By-law and to incorporate as part of that By-Law for the Fiscal Year commencing April l, 1980 the said b bu u d d g g e e t t o of f r r e e c c e e i i p p t t s s e a n nd d in the Band. Dated this Eighteenth day of January, The original was signed by : W. Grant Anderson Electoral Officer.P.308 o f 19 t 8 h 0 e B an a d n , d u f p or o n th r e e ce F i i p s t c al o f e g x pe A n p d r i i t l ur 1 e , s 19 of 8 0 Mo t n h e e ys s ai c d £ t 1980.
GENERAL BAND MEETING AUGUST 20th. 1987 PRESENT : Jewel Tnomas, Debra Campbell, Brenda Campbell, Wendy Grant, howard E. Grant, Joseph Becker, Betty Point, Susan Point, Marilyn Point, Margaret Robinson, Denise Sparrow, June S. Sparrow, Linda Mackie, Jacqueline Point, Andrew C. Charles, Basil Point, Anne Point, Helen Calibresth, Marilyn Sotgan, Richard Point, Robyn Sparrow, Debbie Sparrow Jeriiyn Sparrow, John Point, Kathy Charles, Charleen Grant, Wesley Grant, L. Ruth Point, Faye Mitchell, Phyllis Harkey, Adeline Point, K. Rose Point, Mary Charles, Myrtle McKay , Band Administrator Chris Robertson. Chief Wendy Grant called the meeting to order at 6:55 P.M. j^tns£ jf_tc_wnether or not there were changes or additions f i n a n c i a l b y l a w The Finance Committee and Council reviewed the Financial by law for possible changes as directed by the membership at the April 23rd, 1987 . General Band meeting. The most significant change is the amendment of "PEF; CAPITAL DISTRIBUT­ ION OF BAND FUNDS* . This amendment deals more specifically with formalizing a cut off date - November loin of each year, and this determines an individuals eligiblity for distribution. Further the amendment specifies that if the distribution allocation is not collected by that individual by February 5 of the following year, that the monies would revert to Band funds. THE ONLY ADDITION TO THE PROPOSED AMENDMENT WAS: item (b) after the wording, "RETURNED TO THE GENERAL "BAND FUNDS .*... add "AND THAT THE APPLICATION OF THIS POLICY SHALL BE RETRO ACTIVE, AND APPLY TO BAND MEMBERS WHO ARE THE AGE OF MAJORITE■* MOTION: £2 MOTION: KATHY CHARLES *02 SECONDED: DENISE SPARROW .... THAT ON -JANUARY 18, 19SC, THE . MU SQUEAK INDIAN BAND ADOPTED "THE ' MUSQUEAK BAND BUDGET BY LAY:’, BY LAW N o , 1980 - 81, UNDER SECTION 02, SUB SECTION (1) (fc) C>F THE INDIAN ACT* AND WAS FOR THE SECOND TIME ADOPTED AS AMENDED Ev THE MUSQUEAK BAND ON AUGUST 20, 1987, AIE IS HEREAFTER DISGNATEI AS EY LAW NO. 1987 - 88, UNDER SECTION 02. THE FOLLOWING IS THEREFORE A COPY OF THE AMENDED BY LAW. /r /7 /CARRIED. . /2
NOV.27 '87 KV- b. ■'••tGIONAL OFFICE * However, in addition to the Mus que am Bind Budget: By-Law f the following policies shall apply: 1. No purchases shall be made by Band Employees without first being approved by the Band Administrator, or during his absence, by his/her appointee, 2. All purchases shall be made by the use of purchase orders. 3. Payment of bills shall be made within 15 days upon their receipt by the Band. 4. Whore a Band Employee owes money to the Band, but who has not repaid the debt, an agreement shall be signed by the Employee and the Employer to have deductions made from his/her payroll to retire the debt. 5. W a h n e r a e m ou r n e t q ui n r o e t d , e xc t e he e di B n a g n d either Band funds or Program funds, and when used, the replacement of an equal amount so used shall be reimbursed from the user program funds, 6. when not applicable to the Band Housing all surpluses from Band funded Programs at the end of each fiscal year shall be returned to the Band Revenue account. ?. Should the Musgueam Indian Band require the use of its b p e r i i n n g c ip c l o e n si f d un e d r s e , d w s h h e a t l h l er b e two thirds {2/3) majority of the Band Membership at a Band referendum. S. The Band shall not extend loans in the form of .money, services or material costs, to any person, whether or not the applicant is a Musqué am, 9. Where approved by the Band Council, Committees of Council shall receive honouraria, travelling exp*; tes and wage losses. 10. The Band Administration shall circulate cc- the Musqué at; M an e d m be at r sh t i he p e c n o d pi e o s f e of a ch e ac f h i Auditor1s Report. 11. u T n he d er d is C b ou u n r c s i e l m en s t h al o l f b C e ommittee or his appointee. authoriz P . 009 S A 10 d Û m . i Û n Q i s a t s r a p t e i t o t n y ma c y as h s , e t fr i o n m * place in d ec w i ho d l e e d u or p on i n by p ar a t , the am quorum of ount s m c o a n l t h y ea e r n d f inane. statement a copy of the f e u d n ds b y wh t i he c h A a d r m e i n m i a s n t a r g a e t d o r <3
NOV.27 '87 14:44 INfiC BC REGIONAL OFFICE ACCEPTED AT GENERAL BAND MEETING) * ; AUGUST 20, 1987) .from Policy Manual - Page 94) PER CAPITA DISTRIBUTION OF BAND FUNDS Since the Shaughnessy Golf and Country Club lease of 1918, it has been the usual practice of the Masqueam Indian Band to set aside a portion of its income for a per capita distribution varied from time to time and ins one cases, the distribution was based on money and kind, such as a turkey for each household at Christmas. The decision to make a distribution of funds has rested with the Musqueam Band Council and in some cases, with approval on the amount from the General Band Membership. The ability of making a per capita distribution of Band funds is dependant upon whether or not any funds are left uncommitted when the Band Budget is decided upon in any given fiscal year- The following policy is therefore conditional as to whether or not funds are left uncommitted for any fiscal year; a) l " e W f h t e re u no s o u m f m f i i t c t i e e d nt in f un a d n s y f f d C i o s un t c r i i l b ut s i ha o l n l s d h e al c l i de b e w m h a e d t b) "Where a per capital distribution hat been decided upon by the Musqueam Council and ratified by the General Band, November 15th of each year shall constitute the c be u t-n o o f t f i fi d e at d e of b y a w n h y ic p h e rs t o i n m as a Musqueam Band member, in order that he or she can r f e i c s e c i a v l e ye a a r p , e r-a c n a d p i f t u a r th s e h r a m r e t l ho i s g e i bl p e e rs t o o n s r ecei capita share by ha v F e v e f a a i p l e e r d ebruary 5th P. Li 111 i r s o c m a l t he y ea M r u , s qu th e e a m M u i s n q co u m e e a m a B re o nd e h er a nd or t o no w * h at a per capita dollar amount. s e w t h he o l a a re n d Administration shall eligible to be* listed o e r e o , f w d h i e s r t e r ib p u e t r i s o o n n s for a given who are c t api o , c t o a l l l fol e l c d o t i w stri in h g i s bution and whe-u th o e r d he e r s ig pe n r a ted
NOV.'d :7 -87 14:45 INfiC BC REGIONAL OFFICE ( - distribution date, those per capita distribution amounts in question shall be returned to the General Band Revenue, and that the application of this policy shall be retro-active and apply to Band Members who are the a re g s e t o w f i m t a h j o t r he i t M y u s t q h u at e am t he C ou f n i c n i a l l . decision on both matters
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