Contenu de la décision
CERTIFICATION Pursuant to Section 86, Indian Act RSC 1985 C.I-5 and amendments thereto, I certify that the attached copy of the Lake Babine Nation Financial Administration By-law No. 2003-01 dated 8th. day of May, 2003 is a true copy of the said by-law.
as Howe, Direct nds and Trust Services, a Superintendent as defined in
Sec 2(1) Indian Act RSC 1985
• Minister of Indian Affairs Ministre des Atfaires and Northern Development indiennes et du Nord canadien 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 by-law made by the Lake Babine First Nation, in the Province of British Columbia, at a meeting held on the 8th day of May 2003.
Lake Babine First Nation Financial Administration By-law No. 2003-01
~ Dated at Ottawa, Ontario this / $"' day of ; ➔ 2003. Canada
LAKE BABINE NATION FINANCIAL ADMINISTRATION BY-LAW BY-LAW NO. 2003-01
Table of Contents INDEX Part 1 - Title 1. Citation Part 2 - Definitions and Application 2. Definitions 3. Application Part 3 - Organization 4. Management Board 5. Functions of the Management Board 6. Auditor 7. Management of Capital 8. Department of Finance 9. Duties and Functions of Councillors I 0. Comptroller 11. Duties of the Comptroller 12. Public Accounts Part 4 - Revenue 13. Consolidated Revenue Fund 14. Public Money 15. Trust Funds 16. Banking 17. Refunds 18. Write-off ofUncollectible Debts 19. Interest on Overdue Accounts Part 5 - Expenditure 20. Statutory Authority 21. Trust Fun~s and Money Received for Other Persons or Purposes By-law number 2003-01 Page 1 of 38
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22. Annual Budget 23. Estimates and Votes 24. Special Warrants 25. Contributions and Grants 26. Payments after a Fiscal Year End 27. Regulation of Expenditure 28. Contracts 29. Certification Prerequisites for Contracts 30. Accounting and Legal Services 31. Record of Commitments 32. Requisitions for Payments 33. Certificate of Contract Performance 34. Rejection and Confirmation of Requisitions 35. Statement by Comptroller 36. Holdbacks 37. Advances 38. Money Not Applied to be Repaid 39. Form of Payment 40. Records of Commitments 41. Accounting for Public Money 42. Set-off of Amounts Owed 43. Expenditure Refunds, Repayments and Recoveries Part 6 - Assets 44. Power to Invest 45. Loans and Advances 46. Public Property 47. Provision of Services or Use of Public Property Part 7 - Liabilities 48. Authority to Borrow 49. Borrowing for Authorized Disbursements 50. Overdrafts 51. Alternative Use of Bon-owed Funds 52. Records and Statement of Public Debt Part 8 - Enforcement 53. Payment of and Accounting for Public Money 54. Statement of Account 55. Loss Through Misconduct By-law number 2003-01 Page 2 of 38
56. Evidence 57. Failure to Deliver Money or Documents 58. Other Remedies 59. Records Respecting Public Money 60. Recovery of Penalties and Forfeitures 61. Defences to Action for Recovery of Public Money Part 9 - Miscellaneous 62. Standing Appropriations 63. Offences 64. Penalty 65. Rules 66. Transition By-law number 2003-01 Page 3 of 38
. \ A By-law to regulate the receipt, management and expenditure of Lake Babine Nation funds and establish the administrative structure of the Lake Babine Nation which manages Lake Babine Nation funds.
WHEREAS subsection 83(1) of the Indian Act, R.S.C. 1985, c.I-5, provides that the council of a band may, subject to the approval of the Minister of Indian Affairs and Northern Development, make by-laws for the following purposes, namely,
(a) the appropriation and expenditure of moneys of the band to defray band expenses;
(b) the appointment of officials to conduct the business of the council and prescribe their duties;
(c) the enforcement of payment of amounts that are payable pursuant to section 83, including arrears and interest;
( d) the imposition and recovery of interest on amounts that are payable where those amounts are not paid before they are due, and the calculation of that interest; and
( e) with respect to any matter arising out of or ancillary to the exercise of powers under section 83;
AND WHEREAS the Council of the Lake Babine Nation, with the advice and consent of the membership of the Lake Babine Nation, has determined that it is necessary and desirable that a by-law be established for the purposes set out in subsections 83(1) of the said Indian Act for the better administration of the financial affairs and good government of the Lake Babine Nation;
NOW THEREFORE the majority of the Councillors of the Lake Babine Nation present at a meeting of the Council of the Lake Babine Nation duly convened enacts the following by-law.
PART 1 SHORT TITLE Citation
9. This By-law may be cited as the Lake Babine Nation Financial Administration By-law. By-law number 2003-01 Page 4 of 38
PART2 DEFINITIONS AND APPLICATION
Definitions 10. In this By-law, "Act" means the Indian Act, R.S.C. 1985, c.1-5, consolidations and amendments thereto made from time to time;
"Administrator" means the Lake Babine Nation Band Administrator; "annual budget" means the forecast of planned expenditures and revenues for the fiscal year; "annual general assembly'' means the general assembly held pursuant to subsection 22(3) of this By-law;
"appropriation" means (a) an appropriation in the annual budget, (b) a provision in this or another By-law that expressly (xi) authorizes or directs payment from or out of the Consolidated Revenue Fund, (xii) authorizes payment from or out of a special fund, or (xiii) dispenses with the need for another appropriation, ( c) an appropriation by special warrant and (d) an appropriation in a supply by-law; "auditor" means a chartered accountant licensed to practise in the Province of British Columbia; "banking instrument" means a cheque, draft, telegraphic or electronic transfer or other similar instrument;
"by-law" means an enactment made pursuant to the Act; "Chief' means the duly elected Chief of the Lake Babine Nation; "Comptroller" means the Lake Babine Nation Director of Finance; By-law number 2003-01 Page 5 of 38
"Consolidated Revenue Fund" means the Consolidated Revenue Fund referred to in section 13 of this By-law;
"contract" means any agreement or undertaking providing for the expenditure of public money in exchange for goods or services, and includes purchase orders, service contracts, construction contracts, employment contracts, and any agreement or undertaking providing for the payment of money by the government but does not include a retainer or engagement for lawyers and accountants, respectively;
"Council" means the duly elected Chief and Councillors of the Lake Babine Nation Band Council; "Councillor" means a duly elected member of the Council; "department" means any department or agency of the government and includes any corporation, board, commission or committee established under any by-law;
"enactment" means an Act, regulation, by-law or resolution; "essential services" means those services required to be provided by the Nation pursuant to a by-law or a financial transfer agreement;
"estimates" means the estimates of revenue and expenditure for a fiscal year presented to the general assembly, being
(a) the main estimates presented annually, and (b) any supplementary estimates for the fiscal year; "Finance Councillor" means the Councillor appointed by the Council as Finance Councillor; "financial transfer agreement" means any agreement between the Nation and Her Majesty the Queen in Right of Canada or Her Majesty the Queen in Right of the Province of British Columbia or any of their agents;
"fiscal year", when used to mean the fiscal year of the government, means the period from April 1 in one year to March 31 in the next year;
"fund" means a fund within the Consolidated Revenue Fund, and includes a trust fund and special fund or any other fund called by any other name;
"general assembly" means the Council in assembly with the membership of the Lake Babine Nation;
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"general fund" means the general fund referred to in subsection 13(2) of the Consolidated Revenue Fund;
"Management Board" means the Management Board established by section 4 of this By-law; "Nation" means the Lake Babine Nation and the Council of the Lake Babine Nation and includes every department of the Lake Babine Nation administration;
"Nation corporation" means a corporation (a) that is, under a by-law, an agent of the Nation, (b) of which the Nation owns, directly or indirectly, more than fifty percent (50%) of the issued voting shares, or
(c) that is controlled by the Nation, and for the purpose of this definition a corporation is controlled by the Nation when a majority of the members of the corporation or of its board of directors or board of management consists of either of the following:
(i) persons appointed as members pursuant to a resolution of the Council or a by-law,
(ii) public officers _acting as public officers; "negotiable instrument" includes any cheque, draft, traveller's cheque, bill of exchange, postal note, money order, postal remittance or other similar instrument;
"public debt" means direct debt obligations of the Nation; "public money" means all money and negotiable instruments received, held or collected by, for or on behalf of the Nation and includes
(a) revenues of the Nation including interest on investments, (b) special funds, (c) money borrowed by the Nation, and ( d) trust funds; "public officer" includes a Chief, Councillor, member of the Management Board and a person employed by the Nation but, for greater certainty, does not include a lawyer or an accountant;
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"public property" means all property real and personal belonging to the Nation, but does not include property belonging to a Nation corporation;
"resolution" means the formal expression of the consent of the majority of the Councillors present at a meeting of the Council duly convened;
"securities" means bonds, debentures, deposit certificates, promissory notes, treasury bills or other evidences of indebtedness, shares and stocks, and includes any documents commonly known as securities;
"special account" means an account in the general fund where the authorization to spend money from the account is located in a resolution, rule or by-law;
"special fund" means a fund designated as a special fund by the Council; "special warrant" means a resolution enacted under section 24 of this By-law; "trust funds" means (a) money held in trust by the Nation or a public officer, (b) money received by the Nation for another person and money paid to the Nation as a deposit to ensure the doing of any act or thing, and
(c) money that is paid to the Nation or a public officer under an agreement or other undertaking, or by way of a gift or bequest, and that is to be paid to another person specified in the agreement or undertaking or by the donor of the gift or bequest, except money received as reimbursement for or as a contribution or grant towards expenditures made or to be made by the Nation; and
"vote" means an appropriation under the annual budget and identified in the main or supplementary estimates as a vote.
Application 3. (1) If there is a conflict between this By-law and the Act, the Act prevails. (2) If there is a conflict between this By-law and any other by-law enacted after this By-law, this By-law prevails unless the other by-law contains an express provision that it, or a provision of it, applies despite the Financial Administration By-law.
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PART 3 ORGANIZATION
Management Board 4. (1) There shall be a committee of the Council called the Management Board which shall consist of the Finance Councillor as Chairperson, two other members of the Council appointed by the Council, the Administrator and the Comptroller.
(2) The Council may appoint members of the Council as alternate members of the Management Board who may serve as such only in the absence of the member or members whose alternate they are designated to be.
(3) The Comptroller shall be the Secretary of the Management Board. (4) Subject to this By-law and the direction of the Council, the Management Board may determine its rules and methods of procedure.
(5) Notwithstanding any provision in this or any other By-law to the contrary, the Management Board is accountable to the Council and shall report to and take instructions from the Council, from time to time, as required by the Council.
Functions of the Management Board 5. (1) The Management Board shall act as a committee of the Council in matters relating to
(a) accounting policies and practices of the Nation, including the form and content of the public accounts;
(b) Nation management practices and systems; (c) Nation financial management and control of revenue, expenditures and assets;
(d) evaluation of Nation programs as to economy, efficiency and effectiveness; (e) the management, control and direction of Nation personnel, including organization and staff establishments;
(f) internal audit; (g) any recommendation to the Council of the name of an auditor to be appointed for any fiscal year; and
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(h) other matters referred to it by the Council. (2) The estimates ofrevenue and expenditure for the Nation for each fiscal year shall be prepared in a form directed_ by the Management Board for presentation by the Finance Councillor to the council and to the annual general assembly as the proposed annual budget.
(3) The Management Board may, for the performance of its powers and duties under this or any other By-law, issue directives.
Auditor 6. (1) The Council shall duly convene a meeting in the first week of February in each calendar year for the purpose of appointing, by resolution, an auditor for the current fiscal year.
(2) The Management Board shall attend the meeting referred to in subsection (1) and present to the Council any recommendations it may have in respect of the appointment of the auditor.
(3) The Council is not bound by any recommendation referred to in subsection (2). (4) No auditor shall be a member of the Nation or the Lake Babine Nation. (5) Where an auditor dies in office or resigns in the current fiscal year, the Council shall at its next duly convened meeting thereafter appoint an auditor in accordance with this section.
Management of Capital 7. (1) Without limiting any relevant authority undt!r the Act or another provision of this or any other By-law, the Council by resolution and, in the absence of such resolution, the Management Board may make rules or issue directives respecting the planning, management and reporting of capital expenditures by the Nation or Nation corporations.
(2) Without limiting subsection (1), the Council or the Management Board, as the case may be may make rules or issue directives respecting capital expenditures as follows:
(a) requiring the Nation and Nation corporations to have approval of the Council or the Management Board, as the case may be, before making commitments to capital expenditures;
(b) establishing conditions on approval required under paragraph (a); By-law number 2003-01 Page 10 of 38
(c) establishing requirements relating to capital management processes, including procurement, contract provisions, project management, financial controls and accounting practices; and.
( d) establishing requirements for capital plans, business cases, requests for approval, tendering and other procurement documents, progress reports, completion reports and post-expenditure evaluation reports, including establishing requirements respecting their fom1, content and frequency.
(3) Rules and directives under this section may establish different requirements or conditions respecting
( a) different classes of capital expenditure as specified by regulation or directive; and,
(b) different Nation corporations or classes of Nation corporations. (4 ) In addition to any conditions established by rule or directive, if approval is required under subsection (2) paragraph (a), approval in a specific case may be made on conditions the Council or the Management Board, as the case may be, considers appropriate.
(5) Requirements under this section are additional to those established by the Act or any other by-law.
Department ofF inance 8. (1) There shall be a department of the Nation called the Department of Finance. (2) The Finance Councillor shall preside over the Department of Finance and be responsible to the Council for its direction.
(3) The Council may authorize a seal for the Department which shall be known as the seal of the Department of Finance.
(4) The seal of the Department of Finance may be reproduced on contracts, and when reproduced on them has the same effect as a resolution.
Duties and Functions of Councillors 9. (1) The finance Councillor is accountable to the Council and is responsible for (a) the management and administration of the Consolidated Revenue Fund; (b) supervision of the revenues and expenditures of the Nation; and By-law number 2003-01 Page 11 of 38
(c) matters relating to the fiscal policy of the Nation. (2) The Finance Councillor has, in addition to his or her responsibilities under subsection (1 ), the supervision, control and direction of all other matters relating to the financial affairs of the Nation that are not assigned by this or any other By-law to the Management Board or to any other person.
(3) Each Councillor is accountable to the Council and is responsible for the administration of the financial affairs of his or her department, under the general direction of the Management Board.
Comptroller 10. (1) The Council must appoint a person as Director of Finance in the Department of Finance who shall be Comptroller, and the Comptroller shall be an employee of the Lake Babine Nation.
(2) The Comptroller: (a) has access at all times to all departments and branches of the Nation and to their records;
(b) may require from any public officer information and explanations necessary for the performance of the Comptroller's-duties; and
( c) may, on the direction of the Management Board; (i) require from any officer or employee of a Nation corporation information and explanations necessary to enable the Comptroller to determine whether public money disbursed or spent by the Nation has been or is being applied for the purpose for which it was appropriated, and
(ii) · examine and report on any or all of the financial and accounting operations of a Nation corporation.
(3) Notwithstanding any provision in this or any other By-law to the contrary, the Comptroller is directly accountable to the Council and shall report to the Council, from time to time, as required by the Council.
Duties oft he Comptroller By-law number 2003-01 Page 12 of 38
11. (1) The Comptroller must, subject to any resolution of the Council or direction of the Management Board, as the case may be, do all of the following:
(a) ensure the proper collection, receipt, recording and disposition of public money and ensure that proper authority exists for disbursements of public money;
(b) develop and issue policies and guidelines and establish procedures for the financial management and recording of the revenues, expenditures, assets, liabilities and equity of the Nation;
(c) issue directives respecting the methods by which the accounts of the Nation are kept and the method by which any public officer or other person shall account for public money which comes into his or her hands;
(d) administer and maintain the accounts of the Nation; (e) provide functional control over all financial transactions entered into the accounting system;
(f) evaluate accounting and financial management systems throughout the Nation and recommend to the Management Board improvements considered necessary;
(g) prepare the public accounts and any other financial statements and reports required of the Comptroller by the Finance Councillor or the Management Board;
(h) perform other duties assigned to the Comptroller by the Management Board under this or any other By-law; and
(i) obtain and maintain current a physical address for each and every person who deals with public money.'
Public Accounts 12. (1) A report called the public accounts shall be prepared by the Comptroller for each fiscal year in accordance with the Nation's accounting policies as established by the Management Board and shall contain
(a) statements of assets and liabilities showing the Nation's financial position at the end of the fiscal year;
(b) statements of the revenues and expenditures of the Nation showing the results By-law number 2003-01 Page 13 of 38
of operations for the fiscal year; (c) statements of changes in the financial position of the Nation for the fiscal year;
( d) statements of payments made from the Consolidated Revenue Fund under sections 13(3)(a), 17(1), 20, 21(1), 24, 25(1) and (2), 26(2), 27, 29(l)(a), 30 (3), 37, 42(1), 44(1) and 45;
( e) the auditor's report on his or her examination of the Nation's accounts and financial transactions; and
(f) such other information as may be necessary to show the financial position of the Nation respecting the fiscal year.
(2) The Finance Councillor shall lay the public accounts for the immediately preceding fiscal year before the annual general assembly.
(3) In the public accounts, no money except money received or receivable for a fiscal year or a previous fiscal year shall be included in the annual revenues of a fiscal year.
• PART4 REVENUE Consolidated Revenue Fund 13. (1) There shall be one Consolidated Revenue Fund into which all public money other than trust funds must be paid.
(2) The Consolidated Revenue Fund includes a general fund and any special funds. (3) The Finance Councillor: (a) may, with the approval of the Council, transfer money that is in a special fund to the general fund on the condition that it be repaid to the special fund; and
(b) must, if money is transferred under paragraph (a), transfer from the general fund to the special fund amounts in place of interest determined in accordance with a formula prescribed by Council.
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Public Money 14. (1) Every person who collects or receives public money shall pay or give all public money coming into his or her hands to the Comptroller or deposit it to the credit of the Consolidated Revenue Fund in a bank account authorized by the Council.
(2) The Comptroller shall deposit all public money he or she receives to the credit of the consolidated Revenue Fund.
(3) Every person who collects or receives public money shall keep a record thereof in such form and manner as the Comptroller directs.
Trust Funds 15. Trust funds must be paid into and maintained in accounts kept in the Department of Finance separately from the Consolidated Revenue Fund.
Banking 16. (1) Subject to the financial transfer agreement, the Management Board must establish accounts for the deposit of public money with savings institutions or other financial institutions which the Council designates.
(2) No person shall open or close a bank account for the receipt, deposit or transfer of public money or trust money except as authorized by the Management Board.
(3) The Council may, by resolution, make rules respecting the opening and closing of bank accounts and the collection, receipt or deposit of public money or trust money.
Refunds 17. (1) Money received by the Nation (a) that is erroneously paid or collected; or (b) for any purpose that is not fulfilled; may, subject to resolutions of the Council and, in the absence of such resolutions, directives of the Management Board, be refunded from the Consolidated Revenue Fund or the appropriate trust fund in part or in full as circumstances require.
(2) The Council may by resolution, and in the absence of such resolution, the Management Board may by directive authorize specified persons to make refunds under subsection ( 1) .
By-law number 2003-01 Page 15 of 38
Write-off of Uncollectible Debts 18. (1) The Council may by resolution, and m the absence of such resolution, the Management Board may by Directive
(a) write off all or part of a debt or an obligation that it considers to be unrealizable or uncollectible; and
(b) authorize specified persons to write off all or part of a debt or obligation that is due and owing to the Nation and that the authorized person considers to be uncollectible.
(2) The write-off of all or part of a debt or obligation under this section does not extinguish the right of the Nation to collect the debt or obligation written off.
(3) This section does not apply to a forfeiture, fine, pecuniary penalty, tax, royalty, fee or other sum imposed or authorized to be imposed by the Act or any by-law.
( 4) Every account written off shall be reported in the public accounts for the fiscal year in which the account is written off.
Interest on Overdue Accounts 19. (1) The Council may, by resolution, make rules requiring persons who owe or are liable to pay money to the Nation to pay interest on the money at a rate prescribed in the rules.
(2) A rate prescribed under subsection (1) may be general or specific, and the interest is recoverable as a debt due to the Nation.
(3) Rules made under this section do not apply where another by-law requires or authorizes the imposition of interest on money owed to the Nation.
PARTS EXPENDITURE
Statutory Authority 20. (1) Without the authority of an appropriation, no payment shall be made at any time from the Consolidated Revenue Fund for any purpose unless a provision of this or another By-law authorizes the payment to be made for that purpose at that time.
(2) A vote does not authorize any payment to be made By-law number 2003-01 Page 16 of 38
(a) in excess of the amount specified in the vote; (b) for any purpose not within the general purposes of the vote; or (c) except as provided by sections 36 and 37, after the end of the fiscal year to which the vote applies.
Trust Funds and Money Received for Other Persons or Purposes 21. (1) Money must not be paid from trust funds except in accordance with an enactment or the trust instrument or other authority by which the money is held as trust funds.
(2) Notwithstanding subsection (1), money received by the Nation as a deposit to ensure the doing of anything shall be held or disposed of in accordance with the contract or agreement pursuant to which the deposit is held, but if there is no contract or agreement, or if the contract or agreement contains no provision or insufficient provision for the disposition of the deposit, it shall be disposed of in accordance with this By-law and resolutions of the Council and, in the absence of such resolutions, the directives of the Management Board.
Annual Budget 22. (1) The Management Board shall prepare and shall lay before the Council a proposed annual budget on the second Tuesday in January.
(2) On the last Tuesday in February, the Council shall, by resolution, approve an annual budget for presentation to the annual general assembly.
(3) There shall be an annual general assembly of the Lake Babine Nation held during the second week in March for the purpose of approving the estimates contained in the proposed annual budget.
(4) Upon the consent o fthe majority o fthe members present at an annual general assembly being given, the estimates of expenditures and revenues consented to become the annual budget.
(5) In the event that the annual general assembly fails or refuses to approve the estimates contained in the proposed annual budget, the Council shall, by resolution, revise the proposed annual budget and present such to a general assembly which shall be held on, or before, the last day of March.
(6) In the event that the general assembly fails or refuses to approve the estimates contained in the proposed annual budget as revised in accordance with subsection (5), the estimates contained in the proposed annual budget, as revised, for essential services shall be deemed to have been consented to by the general assembly.
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(7) In the case of a failure or refusal of the general assembly to approve the estimates contained in the proposed annual budget as revised in accordance with subsection (5), the Nation shall operate on special warrants until such time as the general assembly approves an annual budget.
(8) In the event that the general assembly fails or refuses to approve the estimates contained in the proposed annual budget as revised in accordance with subsection (5), the council shall, by resolution, prepare and present to a general assembly during the last week of April, a further revised proposed annual budget.
(9) In the case of a failure or refusal of the general assembly to approve the estimates contained in the further revised proposed annual budget as provided for in subsection (8), there shall be a general election for Chief and Council to be held in accordance with the Lake Babine Nation Election Code within thirty (30) days of this general assembly.
(10) Within thirty (30) days of the general election referred to in subsection (9), the new Council shall, by resolution, approve an annual budget for presentation to a general assembly which shall be held within twenty-one (21) days of the date of the election and subsections (5) to (10) shall apply mutatis mutandis.
(11) In the event that the Council fails or refuses to approve a proposed annual budget in accordance with the provisions of this section, there shall be a general election in accordance with subsection (10) and subsections (5) and (6) shall apply, mutatis mutandis, until a new Chief and Council take office, with the exception that the Comptroller and the general manager shall be the signatories on all special warrants.
Estimates and Votes 23. (1) A sum appropriated by the annual budget must not be spent for any purpose other than those described in the estimates ofrevenue and expenditure, or in excess of the amounts contained in the estimates of revenue and expenditure.
(2) If a vote in the estimates of revenue and expenditure that is approved by the annual general assembly shows an item as a credit or a recovery, the vote is deemed to authorize expenditures equal to the aggregate of
(a) the amount appropriated; (b) the estimated credits or recoveries set out in the details related to that appropriation; and
(c) on the approval of the Council, the amount by which the credits or recoveries actually payable to or received by the Nation exceed the estimated credits or recoveries set out in the details related to that appropriation.
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(3) An amount allocated by an appropriation in the annual budget may be spent for any activity or standard object of expenditure that is within the general purposes of the appropriation.
(4) The Council may by resolution and, in the absence of such resolution, the management Board may, by directive, limit the circumstances in which or specify conditions under which subsection (3) applies.
Special Warrants 24. (1) Money may be paid from the Consolidated Revenue Fund under the authority of a special warrant under this section.
(2) The Council may, by resolution, order a special warrant to be prepared for the signature of the Chief where a report is received from the Management Board that no provision in the annual budget authorizes a payment from the Consolidated Revenue Fund that is urgently and immediately required for the public good.
(3) A special warrant shall be signed by the Chief, and it shall set out ( d) the amount that may be paid from the Consolidated Revenue Fund under the authority of the warrant;
(e) the purpose for which payments may be made; and (f) the fiscal year in which payments may be made. (4) A special warrant shall be deemed to be a vote for the purposes of all of the provisions of this By-law except subsection 2(1).
(5) Notwithstanding the calling of an election pursuant to the Act, this By-law or the Lake Babine Nation Election Code, for the purposes of this By-law the Chief and the council are deemed to be those persons who hold office on the day the election is so called and are deemed to remain as such until the poll has been counted and the successful candidates are announced.
Contributions and Grants 25. (1) Except as provided by subsection (2), where money is payable to or received by the Nation under any by-law or agreement for the purposes of or as a contribution toward expenditures to be made by the Nation, the Council may by resolution and, in the absence of such resolution, the Management Board may by directive authorize the payment of money from the Consolidated Revenue Fund for those expenditures in an amount not exceeding the amount payable to or received by the Nation.
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Where money is received or receivable by the Nation from the Government of Canada or a province under any statute, agreement or undertaking for the purposes of or as a contribution toward expenditures to be made by the Nation, the Council may by resolution and, in the absence of such resolution, the Management Board may by directive authorize the payment of money from the Consolidated Revenue Fund for those expenditures in an amount not exceeding the amount received or receivable by the Nation.
(3) The amount paid from the Consolidated Revenue Fund under the authority of this section shall be deemed to be a vote for the purposes of all of the provisions of this By-law except subsection 2(1).
(4) This section does not apply to money received or receivable under the financial transfer agreement.
Payments After a Fiscal Year End 26. (1) Money appropriated for a fiscal year must not be paid out after the end of the fiscal year except as permitted by subsection (2).
(2) After the end of a fiscal year a payment may be made from an appropriation to discharge a 1i ability incurred before the end o ft he fiscal year i ft he 1i ability i s recorded by the Comptroller in accordance with the Nation's accounting policies as established by the Management Board.
Regulation ofE xpenditure 27. (1) The Council may by resolution and, in the absence of such resolution, the Management Board may by directive control or limit payments from votes, and for that purpose the Council may by resolution and, in the absence of such resolution, the Management Board may by directive
(a) identify allotments, programs or projects within a vote, and distribute money among programs and projects;
(b) transfer money between allotments, programs or projects within a vote; (e) distribute money among activities within a program or project, or authorize a public officer to do so; and
(d) transfer money between activities within a program or project, or authorize a public officer to do so.
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(2) The Council may by resolution and, in the absence of such resolution, the Management Board i:nay issue directives
(a) regulating the charging of expenditures to votes, funds, allotments, programs, projects and activities; and
(b) assigning responsibility for a vote or fund to a public officer. Contracts 28. (1) A contract must not be entered into if it would result in an expenditure in the then current fiscal year in excess of an appropriation for that fiscal year.
(2) All contracts entered into on behalf of the Nation shall be in writing and shall be authorized by the Council.
(3) The Council may, by resolution, authorize the Management Board to enter into a contract or class of contracts on behalf of the Nation to a maximum of one hundred thousand dollars ($100,000).
(4) Where authorized by Council to enter into a contract or class of contracts on behalf of the Nation, the Management Board may, by directive, set conditions to be observed before such contracts are entered into.
(5) Where authorized by Council to enter into a contract or class of contracts on behalf of the Nation, the Management Board may, by directive, authorize public officers to enter into such contracts to a maximum expenditure of five thousand dollars ($5,000) subject to such terms and conditions as the Management Board considers necessary.
(6) Notwithstanding subsection (5), the Management Board shall not authorize any public officer to enter into contracts for the expenditure of capital funds.
(7) All contracts for the expenditure of capital funds and those in excess of one hundred thousand dollars ($100,000) shall only be entered into by a resolution of the Council or by-law.
(8) Where the Management Board has authorized a public officer to enter into contracts, it may by directive authorize him or her to delegate all or part of his or her authority to another public officer, subject to such terms and conditions as the Management Board considers necessary.
(9) Subject to the Act, and notwithstanding any other by-law, resolution, rule or directive, a contract shall not be entered into, and is not enforceable against the Nation, unless entered into in accordance with this section.
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( 10) To be enforceable every contract must contain the following clauses: ( a) "This contract is entered into under the authority of section 28 of the Lake Babine Nation Financial Administration By-law, a true reproduction of such section is set out immediately hereafter, and the payment of the money that becomes due under this contract is subject to an appropriation being available for this contract in the fiscal year when payment falls due."; and
(b) "I, [name ofp ublic officer} am a public officer duly authorized to execute this contract for the Nation and I hereby certify that there is sufficient money in the vote or fund from which payments are to be made hereunder."
Certification Prerequisites for Contracts 29. (1) A contract shall not be entered into by a public officer, and is not enforceable against the Nation, unless the Council or the Management Board as authorized by the Council or a public officer designated in writing by the Council and in the absence of such designation designated in writing by the Management Board has certified that
(a) every payment out of the Consolidated Revenue Fund contemplated by the contract in the then current fiscal year is authorized by this or another By-law; and
(b) there is sufficient money in the vote or fund from which the payments are to be made.
(2) It is a term of every contract that money that becomes due under the contract is not payable unless a provision of this or another By-law authorizes the payment to be made in the fiscal year when the payment falls due.
(3) Subject to section 28, the Council, by resolution, may make rules establishing tem1s and conditions that shall apply to contracts, or any class of contracts specified in the rules.
Accounting and Legal Services 30. (1) With the exception of this section and sections 2(1), 12(1)(d), 24 and 62(1)(e), this By-law shall not apply to the acquisition of and payment for services rendered to or on behalf of the Nation by accountants and lawyers.
(2) No accountant or lawyer shall be engaged or retained by or on behalf of the Nation except by the authority of a resolution of the Council.
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(3) Payments for the services of accountants and lawyers rendered to or on behalf of the Nation may be made from the Consolidated Revenue Fund by authority of the Chief and Finance Councillor in accordance with the resolutions referred to in subsection (2) and (4).
(4) Council may, by resolution, establish a special fund from which accountants and lawyers may be paid for services rendered to or on behalf of the nation and rules governing the management of such a fund.
(5) Services rendered to or on behalf of the Nation by accountants and lawyers may be paid by special warrant.
(6) The tenns of the engagement of an accountant or the retainer of a lawyer shall be held in confidence by the Nation and shall be subject to a claim of privilege.
(7) Any money or property held in trust by an accountant or a lawyer for or on behalf of the Nation shall be accounted for in accordance with the principles of law and equity and the rules governing the respective profession and the terms under which the money or property are held in trust all of which shall be held in confidence by the Nation and shall be subject to a claim of privilege.
Record of Commitments 31. (1) Every public officer shall keep records of commitments for the expenditures chargeable to each vote or fund for which he has been assigned responsibility under paragraph 27 (2) (b ).
(2) The Council may by resolution and, in the absence of such resolution, the Management Board may direct the form and manner in which records of commitments under subsection (1) shall be kept.
Requisitions for Payments 32. (1) Money must not be paid out of an appropriation or trust funds without (a) a requisition; and (b) a certificate under section 33 if that section applies. (2) A requisition for a payment out of an appropriation or trust funds must be in a fom1, accompanied by documents and certified in a way the Council by resolution directs or, when authorized by the Council, the Management Board directs.
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(3) A requisition must not be made or given for a payment that (a) would not be a lawful charge against an appropriation or trust fund; (b) would result in an expenditure in excess of an appropriation or trust fund; or ( c) would reduce the balance available in an appropriation or trust fund so that it would not be sufficient to meet the commitments chargeable against it.
(4) No person other than the following persons can authorize a payment or give a certificate under section 33:
( a) the Chief or a Councillor in accordance with a resolution of the Council; (b) the Chief or a Councillor in accordance with a directive of the Management Board when authorized by resolution of the Council to issue such a directive;
(c) a person authorized by a directive of the Management Board when authorized by resolution of the Council to issue such a directive; and
(d) a person authorized by a person referred to in paragraphs (a) and (b) in accordance with resolutions of the Council or directives of the Management Board as the case may be.
(5) A person referred to in subsection (4) may authorize a payment or give a certificate under section 33 by written or electronic signature.
(6) The authority of a person referred to in subsection ( 4) extends only to requisitions and certificates relating to payments from
(a) an appropriation for that part of the Nation of which the person has charge; or
(b) trust f\mds of which the person has management. (7) A resolution of the Council or a directive of the Management Board under subsection ( 4), as the case may be, may limit the authority of a person to specified amounts and circumstances.
(8) This section does not apply to the allocation of a non-cash expense. By-law number 2003-01 Page 24 of 38
Certificate of Contract Performance 33. (1) A payment must not be made out of an appropriation or a trust fund for the performance of work, the supply of goods, the rendering of services or for any other purpose, whether or not under an agreement, unless a certificate is given by a person referred to in subsection 32(4)
(a) that the work has been performed, the goods supplied, the service rendered or other conditions met, and that the price charged or amount to be paid is in accordance with the agreement or, if not specified by agreement, is reasonable; or
(b) that the payment is in accordance with the agreement if a payment is to be made before the completion oft he work, the delivery o ft he goods, the rendering of the service, or the meeting of other conditions.
Rejection and Confirmation ofR equisitions 34. (1) If the Comptroller transmits to the Management Board any requisition for a payment on which he or she desires direction, the Management Board may order that payment be made or refused subject to conditions it specifies.
(2) The Comptroller may reject a requisition for a payment if he or she considers that the requirements of this or any other By-law have not been complied with.
(3) If the Comptroller: (a) rejects a requisition or otherwise declines to make a payment; (b) disallows an item in an account; or ( c) refuses to give a certificate required by any enactment he or she must, immediately upon the request of a person referred to in subsection 32 ( 4), state his or her reasons in writing and transmit a copy of them to the Management Board.
(4) Within five (5) business days of the request of a person referred to in subsection 32 ( 4 ), the Management Board may review the decision of the Comptroller and may
(a) confirm the Comptroller's decision; or (b) on a letter of opinion from the Nation's solicitor that the requisition, payment, item or certificate referred to in subsection (3) would not contravene any
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enactment, order that payment be made subject to conditions the Management Board specifies.
(5) Within five (5) business days of the request of a person referred to in subsection 32 ( 4 ), and only after the review contemplated by subsection ( 4 ), the Council may review the decision of the Comptroller and may
(a) confirm the Comptroller's decision; or. (b) based upon the letter of opinion set out in paragraph (4 )(b) order that payment be made subject to conditions the Council specifies.
Statement by Comptroller 35. (1) The Comptroller must for each fiscal year prepare a statement to be delivered by the second Tuesday in January to the Management Board and the auditor listing details of every case in which
(a) he or she has been overruled by the Management Board under paragraph 34(4) (b) or the Council under subsection 34(5);
(b) more money has been spent than was appropriated; ( c) a payment has been made for a purpose not authorized by the appropriation; ( d) a payment has been made without proper certification; or ( e) a payment has been made that in his or her opinion is in any other way irregular or unlawful.
Holdbacks 36. (1) Where a payment under a contract is withheld, the payment may, subject to this Bylaw and the resolutions of the Council or the directives of the Management Board, as the case may be, be credited to a special fund established by the Comptroller in the Consolidated Revenue Fund for payments withheld under the contract to be dealt with in accordance with the contract.
(2) Money credited to a special fund under subsection (1) shall remain available for the purposes of the contract after the end of the fiscal year in which it is credited.
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Advances 37. Subject to resolutions of the Council, directives of the Management Board, the rules and any other by-law, an advance may be made from the Consolidated Revenue Fund to any person to enable that person to pay expenses that are authorized to be paid by this or any other By-law.
Money Not Applied to be Repaid 38. If a person has received public money to be applied to any purpose, and has not applied it to that purpose within the time or in the way required, the Finance Councillor may demand repayment, and that person shall immediately repay such money failing which the money may be recovered from the person as a debt due to the Nation, and an equal sum may in the mean time be applied to the purpose for which the money ought to have been applied.
Form ofP ayment 39. (1) Payments from the Consolidated Revenue Fund and trust funds must be made in a form, authenticated in a way and issued from a place directed by the Finance Councillor, and may be made by
(a) cheque or other banking instrument; or (b) another method approved by the Council or the Management Board, as the case maybe.
Records of Commitments 40. (1) Every public officer shall keep records of commitments for the expenditures chargeable to each vote or fund for which he or she has been assigned responsibility under paragraph 27(2)(b ).
(2) The Council may by resolution and, in the absence of such resolution, the Management Board may direct the form and manner in which records of commitments under subsection (1) shall be kept.
Accounting for Public Money 41. Every person authorized to spend public money shall account for it in the manner provided under this By-law or the by-law authorizing the expenditure.
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Set-off ofA mounts Owed 42. (1) The Council may by resolution and, in the absence of such resolution, the Management Board may by directive authorize the Comptroller to retain money in specified circumstances by way of set-off from any money due or payable to a person from the Consolidated Revenue Fund where:
(a) the person owes money to the Nation; (b) an overpayment has been made by the Nation to the person; or (a) an advance made to the person under sections 37 and 45 has not been repaid or accounted for.
(2) Notwithstanding subsection (1), the Comptroller may recover any overpayment made from the Consolidated Revenue Fund on account of salary, wages, pay or allowances out of any sum of money that may be due and payable by the Nation to the person to whom the overpayment was made.
(3) No money shall be retained under this section by way of set-off from an amount due or payable as or on account of compensation under the British Columbia Workers Compensation Act.
Expenditure Refunds, Repayments and Recoveries 43. (1) Money received by the Nation as a refund or repayment of an expenditure or advance shall be included in the unexpended balance of the vote or fund from which it was paid.
(2) Money received or receivable under any by-law or agreement as the recovery of a sum authorized to be paid by any by-law shall be reported in the public accounts for a fiscal year as an expenditure recovery of the year in respect of which the money was authorized to be paid.
PART6 ASSETS
Power to Invest 44. (1) Where money in the Consolidated Revenue Fund, other than money in a trust fund, is not immediately required for payments, it may be invested in any of the following:
(a) securities that are obligations of or guaranteed by Canada or a province; By-law number 2003-01 Page 28 of 38
(b) fixed deposits, notes, certificates and other short term paper of or guaranteed by a bank including swapped deposit transactions in currency of the United States of America; or
(c) commercial paper issued by a company incorporated under the laws of Canada or a province, the securities of which are rated in the highest rating category by at least two recognized security rating institutions.
(2) Subject to the Act and any other by-law, where money in a trust fund is not immediately required for payments, it may be invested in accordance with the by-law or the trust instrument or other authority by which the money is held in trust, in any investment permitted by the British Columbia Trustee Act.
(3) An investment held under this section may be disposed of, or exchanged or traded for another investment authorized under this section.
(4) Subject to the Act and any other by-law, where money from a trust fund or money from a fund designated as a special fund by the Council is invested, interest earnings or proceeds from an exchange, trade or disposition in respect of the trust fund or the special fund may, subject to the rules, be paid into the appropriate trust fund or special fund.
(5) The Council may, on the recommendation of the Finance Councillor, appoint a committee to provide advice on the exercise of the power of investment and on other matters related to investments.
Loans and Advances 45. (1) Subject to the Act and the financial transfer agreement, no loan of public money shall be made without the authority of a resolution.
(2) Subject to section 37, the Act and the financial transfer agreement, and notwithstanding any other by-law, the power to make loans or advances from the Consolidated Revenue Fund shall not be exercised except in accordance with the rules made by resolution of the Council.
Public Property 46. (1) Subject to the Act, no disposition or loan of public property shall be made to any person without authorization under this or another By-law.
(2) Subject to the Act and this By-law, the Council may by resolution and, in the absence of such-resolution, the Management Board may issue directives governing
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(a) the acquisition of property by the Nation; (b) the custody and control of public property, including the maintenance of inventories;
(c) the sale of public property; and ( d) the deletion of public property from inventory. (3) The Council may, by resolution, make rules respecting the recovery of loss of or damage to public property caused by the negligence or wilful misconduct of a public officer who is responsible for the operation, care or custody of the public property.
Provision of Services or Use ofP ublic Property 47. (1) Subject to the Act and any other by-law, where a service or the use of public property is provided by the Nation to any person, the Council may make rules
(a) establishing fees for the provision of the service or the use of the public property;
(b) establishing terms and conditions subject to which the service or the use of the public property may be provided; or
(c) authorizing the Management Board or a public officer to enter into agreements respecting the provision of the service or use of public property.
(2) Subject to the Act and the rules made pursuant to this section, the Management Board may by directive authorize public officers to provide to any person a service or the use of public property, subject to such fees, terms and conditions as the Management Board may specify by directive.
PART? LIABILITIES
Authority to Borrow 48. No money shall be borrowed or security issued by the Nation without the authority of this or another By-law.
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Borrowzng for Authorized Disbursements 49. (1) If the Finance Councillor considers that the Consolidated Revenue Fund is likely to be insufficient to meet the disbursements lawfully authorized to be made from it, and recommends to the Council that money be borrowed to ensure that the Consolidated Revenue Fund will be sufficient for those purposes, the Council may by resolution authorize the Finance Councillor to borrow an amount not exceeding a maximum amount stated in the resolution.
(2) If money is borrowed under subsection (1), the Finance Councillor must lay before the annual general assembly, a statement of the amounts borrowed, the rate of interest or the yield to the investor and the term and currency of each borrowing.
(3) The Council may, by resolution, authorize the issuance of credit cards to public officers and set terms and conditions under which such cards are to be used, if any.
Overdrafts 50. (1) The Council may, by resolution, make rules for the efficient operation of the Consolidated Revenue Fund authorizing arrangements with a bank for money overdrafts.
(2) To secure overdrafts under subsection (1 ), the Council may, by resolution authorize the issuance to a bank of a security in a form, in an amount, on tem1s and conditions, and executed in a way the Council determines.
Alternative Use ofB orrowed Funds 51. (1) If the Nation has borrowed money under a provision of this By-law that authorizes borrowing for a specified purpose and, after the money has been borrowed but before it has been used for the specified purpose, the Finance Councillor considers the money is not required for that purpose, the Council may, by resolution, authorize that money to be used for another purpose, as specified by the Council, for which this or another By-law gives the Nation authority to borrow.
(2) If money is used under subsection ( 1) , it is deemed to have been borrowed for the purpose for which it is used at the time of that use.
Records and Statement of Public Debt 52. (1) The Comptroller shall maintain a system of books and records (a) showing all money authorized to be borrowed by the Nation under this or any other By-law;
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(b) containing a description and record of all money borrowed, and all securities issued, by the Nation;
(c) showing all amounts paid in respect of the principal of, premium on and interest on all money borrowed by the Nation;
(d) showing all money borrowed by the Nation by way of temporary loans, overdrafts, notes or treasury bills; and
(e) showing the status of all means of ensuring the repayment of money borrowed by the Nation.
(2) A statement of the debt obligations of the Nation outstanding at the end of the fiscal year and of each borrowing transaction during the fiscal year under this Part shall be included in the public accounts for that fiscal year.
(3) If property is leased to the Nation under a lease that transfers to the Nation substantially all of the risks and benefits of ownership of the property, there must be included in the public accounts for every fiscal year that the lease continues, a statement of the financial obligations of the Nation under the lease at the end of the fiscal year.
PARTS ENFORCEMENT
Payment ofa nd Accounting for Public Money 53. (1) Where the Finance Councillor has reason to believe that a person has received public money for the Nation and has not paid it to the Nation, the Finance Councillor may cause a written notice to be served on that person showing the amount of money not paid, and requiring that person to pay it to the Nation within the time stated in the notice.
(2) Where the Finance Councillor has reason to believe that a person has received public money for which that person is accountable to the Nation and that person has not accounted for it, the Finance Councillor may cause a written notice to be served on that person showing the amount of money not accounted for, and requiring that person to account for it to the Nation within the time stated in the notice.
(3) Where the Finance Councillor has reason to believe that a person has received public money that is applicable to a purpose to which it has not been applied, the Finance Councillor may cause a written notice to be served on that person showing the amount of money not applied, and requiring that person, within the time stated in the
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notice, to apply it to its purpose and to furnish evidence to the Finance Councillor that the person has done so.
Statement ofA ccount 54. (1) A notice under section 53 may be served by delivering it to the person or by mailing it to the person by registered or certified mail addressed to any address for that person of which the Nation has received written notice from that person, subject to any written change of address received from that person before the notice from the Finance Councillor is served.
(2) If a person fails to comply with a notice served on that person under subsection ( 1) within the time stated in the notice, the Finance Councillor may state an account between that person and the Nation, showing the amount of money not duly paid over, accounted for or applied, and charging interest on the whole or any part of it at a rate and from a date established by resolution of the Council.
(3) In a proceeding for the recovery of public money, a copy of the account under subsection (2) certified by the Finance Councillor is evidence that the amount stated in it, with interest, is due and payable to the Nation without proof of the appointment or signature of the Finance Councillor, and the amount and interest, at the rate established under subsection (2) to the date of recovery, may be recovered as a debt due to the Nation.
Loss Through Misconduct 55. (1) Where public money is lost or is not collected through the misconduct, breach of duty or negligence of a person responsible for handling public money, the person is liable for the money and it may be recovered from that person as a debt due to the Nation.
(2) The Finance Councillor may make rules providing for the recovery from a public officer of the amount of any award or reasonable settlement in respect of damages for death, injury or private property damage as a result of the negligence or wilful misconduct of the public officer in the performance of that public officer's duties or in the operation, care or custody of public property.
(3) No liability shall be imposed on an employee under subsection (1) in excess of the amount for which the employee would have been liable if that provision had not been enacted.
Evidence 56. (1) An affidavit'deposing to the facts and sworn by a person having knowledge of them shall be admissible in a court as prima facie proof of the facts stated in it in a
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proceeding for the recovery of public money from a person responsible for the collection, management or disbursement of public money where it appears from the following documents or things that such person has received money belonging to the Nation and has refused or neglected to pay the money to the proper persons at the proper times:
(1) books or accounts kept by the person or in the person's office; (2) an accounting by the person; or (3) a written acknowledgment or confession by the person. Failure to Deliver Money or Documents 57. (1) Where a person refuses or neglects to deliver money or an account, statement, return or proper voucher to the public officer to whom the person is required under this or any other By-law to deliver it, the Finance Councillor may direct the person to deliver it within a stated time, not less than fourteen ( 14) days after the date of service of the direction on the person.
(2) A direction referred to in subsection ( 1) may be served by delivering it to the person to whom it is addressed or by mailing it by registered or certified mail addressed to any address for that person of which the Nation has received written notice from that person, subject to any written change of address received from that person before the direction is served.
(3) A person who does not comply with a direction under this section commits an offence.
( 4) Prosecutions for offences committed under this By-law may be brought in the Federal Court of Canada, Trial Division, pursuant to the summary convictions provisions contained in the Criminal Code of Canada.
(5) Notwithstanding subsection (4), no prosecution shall be brought without a resolution. (6) The resolution referred to in subsection (5) shall appoint counsel, licensed to practice law in the Federal Court of Canada, to prosecute the matter.
Other Remedies 58. · Nothing in this By-law affects or abrogates the right of the Nation or any other person to institute any civil or criminal proceeding against a person contravening this By-law, against that person's sureties, or against any other person.
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Records Respecting Public Money 59. (1) All records respecting public money that are kept or used by, or received or taken into the possession of a person who is or has been responsible for the collection, management or disbursement of public money or the accounting for it, and a 11 money, securities or things of value received or taken into that person's possession by reason of that person's responsibility for public money, belong to the Nation.
(2) The Council may; by resolution, make rules authorizing the destruction of records respecting public money.
(3) Any person who destroys records respecting public money, except as authorized by the rules, commits an offence.
Recovery ofP enalties and Forfeitures 60. The Finance Councillor may in the name of the Nation and on behalf of the Council sue for and recover on behalf of the Nation all money or property due and owing to the Nation and any penalty or interest or to enforce a forfeiture imposed by any law relating to public money or public property.
Defences to Action for Recovery ofP ublic Money 61. (1) Where money is paid to a person by the Nation in excess of the authority conferred by a by-law, without the authority of a by-law, or contrary to a by-law, and a right is asserted by the Nation to recover the payment or part of it, or to retain other money in full or partial satisfaction of a claim arising out of the payment, the person against whom the right is asserted may, subject to subsection (2), rely upon any matter of fact or law, including estoppel, which would constitute a defence in a proceeding brought to recover the payment as if it had been made under a mistake.
(2) Subsection (1) does not enable a person to rely upon a defence that a payment made by the Natfon was made under a mistake oflaw, and the right of the Nation to recover the money paid by it is not impaired by reason only that the payment was made under a mistake oflaw.
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PART 9 MISCELLANEOUS
Standing Appropriations 62. (1) This By-law authorizes the following payments to be made at any time without the authority of an annual budget or special warrant:
(a) payments ofrefunds under section 17; (b) payments based on contributions or grants under section 25; ( c) payments pending recovery of money not applied to its purpose under section 38;
(d) payment of the expenses of the public debt under sections 45, 48, 49, 50 and 51;
( e) payments for legal and accounting services rendered to or on behalf of the Nation; and
(f) payments for essential services. (2) Subject to subsection (3), payments made pursuant to subsection (1) shall be deemed to be votes for all the purposes of this By-law, except subsection 2(1).
(3) Instead of the statements required by section 35, a requisition for payment under subsection (1) shall contain a statement that the payment is to be made under the authority of a standing appropriation.
Offences 63. (1) A public officer commits an offence who (a) in connection with the performance of that officer's duties respecting public money, wilfully makes or signs a false entry, certificate, requisition, return or other document; or
(b) having knowledge or information of the violation of this or any By-law that provides for the expenditure or collection of public money, or of fraud committed by any person against the Nation, fails to report such knowledge or information in writing to the Comptroller.
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Penalty 64. A person who commits an offence under this By-law is liable on summary conviction to a fine not exceeding one thousand dollars ($1,000) or to imprisonment for a term not exceeding thirty (30) days, or both.
Rules 65. In addition to the rules authorized to be made by any other provision of this By-law, the council may, by resolution, make rules for carrying out the purposes and provisions of this By-law.
Transition 66. (1) The budgets, resolutions, financial accounting practices and bank accounts existing at the date of the commencement of this By-law shall remain effective for the purposes of this By-law until they are repealed by resolutions or are deemed to expire after three hundred sixty-five (365) days after the coming into force of this By-law whichever events occur first.
(b) All ·contracts existing as at the date of the coming into force of this By-law shall remain in force and shall be enforceable against the Nation until such time as such contracts terminate or are terminated after which this By-law shall apply to any other contract between the Nation and such parties.
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THIS BY-LAW IS HEREBY ENACTED at a duly convened meeting of the Council of the Lake Babine Nation Indian Band on this :ff_ day of d]~ , 2003. Voting in favour oft he By-law are the following members of the Council of the Lake Babine Nation Indian Band:
~--Chief Betty Patrick /2;1,,#llL ----arunciiior Norbert Dennis ~=~~ /,.;,Councillor Grace Duncan Councillor Roger Patrick Councillor Fred Williams being the majority of those members of the Council of the Lake Babine Nation Indian Band present at the aforesaid meeting of the Council of the Lake Babine Nation Indian Band.
The quorum of the Council of the Lake Babine Nation Indian Band is five (5) members. ______m embers of the Council of the Lake Babine Nation Indian Band were present at the said meeting.
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Deputy Chief Nancy James ~~ 4~ Councillor Frank Michell Councillor Victor William r-c: e~ Councillor ~--==