Contenu de la décision
MUSQUEAM BAND OF INDIANS BY-LAW No. 1980-1 BAND BUDGET BY-LAW WHEREAS: A. The Musqueam 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 expenditures of moneys of that Band pursuant to section 83(1) paragraph (b) of the Indian Act. NOW THEREFORE the Council of the Musqueam 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 Musqueam Indian Band. (c) "Band Council" means the Council of the Musqueam Indian Band. (d) "Band Office" means the Administration Office of the Musqueam Indian Band. (e) "Fiscal Year" means the year commencing on the first day of April of a calendar year and ending on the last day of March of the 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 the current Fiscal Year, excepting therefrom governmental grants, contributions and loans which are the subject of separate agreements are as shown on Schedule "A" attached hereto. (g) "Regional Director" means the senior official of the British Columbia Region of the Department of Indian and Northern Affairs or his designated representative.
rs 2 (h) "Revenue Moneys" means money collected by the Musqueam Indian Band pursuant to authority vested i;n it under section 69(1) of the Indian Act. 2. The Band Council is hereby authorized to make expenditures to defray Band expenses for the current Fiscal Year as shown on Schedule "B" attached hereto. 3. Schedules "A" and "B" in respect of a particular Fiscal Year must be approved by a resolution of a majority of the electros of the Band present at a meeting duly convened for that purpose on or before the 15th day of February preceding the commencement of that particular Fiscal Year and the two Schedules, once approved, will be incorporated as part of this By-Law until the end of the Fiscal Year to which they apply. 4. All governmental grants, contributions and loans to the Band which are the subject of separate agreements must be expended and administered in accordance with the terms and conditions of such agreements. 5. Moneys awarded as damages to the Band by any court in any legal action shall be transferred immediately by the Band Council to a legal entity established by the electors of the Band for the purpose of holding, investing and administering such moneys for the benefit of the Band. 6. The Band Council may not make an expenditure that will cause the total amount allocated for the expenditure of the Annual Budget or any amendments thereto to be exceeded. 7. The Band Council may by a resolution approved by a majority of all the members of Council at a regular or special meeting of Council make an amendment to the Annual Budget PROVIDED THAT no such amendment can be approved by the Band Council unless: (i) it has first been posted on the notice board in the Band Office or at such other place as the Band Council may direct for a period of not less than ten (10) days before being referred to a meeting of the members of the Band, and (ii) it has been approved by a resolution of a majority of the electors of the Band present at a meeting duly convened for that purpose. 8. A copy of the approved By-law and a copy of all amendments thereto,
including amendments to Schedules "A" and "B", will be available for inspection by members of the Band at all reasonable times during the Fiscal Year. 9. 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. 10. For the purposes of this By-Law, the Band Council may contract on behalf of the Band for the supply of materials, equipment and services, professional or otherwise, required for the operation, maintenance and administration 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. 11. Notwithstanding anything to the contrary herein contained, the Band Council may with the consent of the electors of the Band contract for the supply of materials, equipment and services, professional or otherwise, required for the operation, maintenance and administration of the Band and the Band property for a duration exceeding three years. 12. (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) An employee as designated by the Band Council may be authorized to approve expenditures that are provided for in the Annual Budget PROVIDED THAT no single expenditure approved by such employee may exceed the sum of Five Hundred ($500.00) Dollars. (c) Any member of the Band Council who has financial signing authority and amy employee designated pursuant to subsection (b) hereof shall first be bonded by a public bonding company in an amount satisfactory to the Regional Director. 13. (a) The Band Council shall appoint an auditor to audit the accounts and transactions of the Band and every administrative body handing Moneys of the Band for which no statutory provision is made.
- 4 -(b) The Band Council shall notify in writing the Regional Director forwith of every appointment made pursuant to subsection (a) hereof and the termination of engagement of every appointee. (c) Where the engagement of an auditor is terminated by the Band Counci l : (i) The auditor may within one month of notification of such termination appeal in writing against the decision of the Band Council to the Regional Director who may confirm or set aside the termination; '(ii) The auditor shall file a copy of his notice of appeal with the Band Council concurrently with the filing of the notice of appeal to the Regional Director; (iii) The Band Council shall not appoint another auditor until such time allowed for an appeal by the auditor has elapsed or, if an appeal has been made, until the appeal has been dealt with by the Regional Director. (d) The termination of the engagement of an auditor is not effective until his successor has been appointed. (e) Wherein, in the opinion of the Regional Director, the auditor has discharged his duties in a negligent or unsatisfactory manner he may require the Band Council to dispense with the services of the auditor and to appoint another person as auditor. 14. This By-Law shall be hereafter cited as the Musqueam Band Budget By-Law, By-Law No. 1980-1. This By-Law was received by the Council of the Musqueam Band of Indians at a duly convened council meeting held January 16, 1980, and was discussed at that time, and was discussed a meeting of the members of the Musqueam Band, held February 5, 1980, (copy of the notice is hereby attached as Schedule "C") and a majority of the electors actually voting endorsed the proposed budget and By-Law at a referendum of the Band held February 18, 1980.
- 5 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 March 4, 1980. Signed: "Delbert Guerin" Chief "Glenn Guerin" Councillor "Rose Point" Councillor "Leona Sparrow" Councillor Councillor Councillor
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