Contenu de la décision
Ministre des Affaires indiennes et du Nord canadieri, interlocuteur federal auprés des Métis et des Indiens non inscrits et ministre de rAgence canadienne de developpement économique du Nord Ottawa, Canada I, the Minister of Aboriginal Affairs and APPROVE, pursuant to section 83 of made by the Roseau River Anishinabe Manitoba, at a meeting held on the 9th Roseau River Settlement Community Development Account Expenditure Dated at Ottawa, Ontario, this JLØ CanadaMinister of Indian Affairs and Northern Development, Federal Interlocutor for Métis and Non-Status Indians and Minister of the Canadian Northern Economic Development Agency K1A 0H4 Northern Development, HEREBY the Indian Act, the following by-law First Nation, in the Province of day of February 2011. By-law day of 2011.
ROSEAU RIVER ANISHINABE SETTLEMENT COMMUNITY DEVELOPMENT BY-LAW This is a By-law for the expenditure of the funds Anishinabe 1903 Trust. WHEREAS: A The Roseau River Anishinabe First Nation Roseau River 1903 Trust (the “Trust”) investment of moneys settled in the Trust from the Trust to the First Nation by deposit Development Account; B. Pursuant to section 83 of the Indian Act, and Council of the First Nation may, subject Affairs and Northern Development, enact of moneys of the First Nation to defray ancillary thereto; and C. The Council of the First Nation enacts Settlement Community Account Expenditure funds deposited to, and expended from, Development Account. I. SHORT TITLE 1 1 This by-law shall be known as the Roseau Account Expenditure By-law (the “By-law”). 2. PURPOSE OF BY-LAW 2.1 The purpose of this By-law is to govern those funds deposited to the Community Development the long term benefit of the current and future 3. DEFINITIONS 3 1 Any of the capitalized terms used in this the same meaning as set out in the Trust therewith. In the event of any inconsistency and the terms of this By-law, the terms of FIRST NATION ACCOUNT EXPENDITURE NO. 2011/01 paid to the First Nation from the Roseau River (the “First Nation”) has established the to provide for the management, protection and and which directs that certain funds be paid to the Roseau River Settlement Community R.S.C. 1985, c. 1-5 (the “Indian Act”), the Chief to the approval of the Minister of Indian by-laws for the appropriation and expenditure band expenses and matters arising out of or this Roseau River Anishinabe First Nation By-law to govern the expenditure of those the Roseau River Settlement Community River Settlement Community Deve/opment the management, investment and expenditure of Account, such funds to be used for Members of the First Nation. By-law but not defined in this By-law shall have Agreement unless the context is inconsistent between the terms of the Trust Agreement this By-law shall prevail.
In this By-law (a) “Annual Allotment” means the following (i) For the initial Fiscal Year (ii) for the next five (5) Fiscal $50,000 per year to the amount (iii) thereafter, in each Fiscal percent of the average of the of December31 for the preceding (b) “Annual Payment” means the Annual the Community Development Account Agreement and, for the purposes of any Authorized Loan Payments of the Trust; (c) “Authorized Expenses” means the by the First Nation in carrying out (d) “Authorized Investment” means Community Development Account Schedule “A” of the Trust Agreement; (e) “Authorized Loan” means a loan borrower, arranged by the Trustee of which has been deposited accordance with section 7.2 of the Development purposes; (f) “Authorized Loan Payments” means made pursuant to the Trust Agreement, Loan; (g) “Community Development” means (i) housing; (ii) acquisition of land and improvements; (iii) economic and business development; (iv) community assets and infrastructure; (v) per capita distributions; (vi) Treaty protection; and (vii) any other program, service, development, advantage or benefit 2amounts the amount of $2,000,000; Years the amount of $2,200,000, increasing by of $2,400,000 for the fifth Fiscal Year; and Year, an amount which is equal to four (4°c) closing market value of the Trust Property as five (5) Fiscal Years; Payment to be deposited by the Trustee to pursuant to the terms of the Trust of this By-law, is deemed to include the amount paid directly by the Trustee in each fiscal year administrative expenses reasonably incurred the terms of this By-law; an investment purchased with funds from the from those investments listed in Part I of from a Financial Institution to the Trust, as at the First Nation’s request, the net proceeds to the Community Development Account in Trust Agreement, to be used for Community those payments of principle and interest by the Trustee, to service an Authorized the following: project, or activity which is for the use, of the First Nation or its Members;
(h) “Community Development Account” Community Development Account section 4.1 of this By-law, into which other monies are deposited; (i) “Council” means the duly elected (i) “Council Resolution” means a quorum of the Council, which resolution convened meeting of the Council; (k) “First Nation” means the Roseau by it Council; (1) “Financial Institution” means licensed to conduct business in the (m) “Fiscal Year” means the fiscal year otherwise shall be from April 1 to (n) “Majority of Voters” means, for the Roseau River Referendum Voting under the terms of this By-law, that that at least a majority (over 50%) question on the ballot; (o) “Member” means a person whose (p) “Membership List” means the list pursuant to the Indian Act or, membership function as provided the First Nation in accordance with (q) “Roseau River Referendum Voting by Council, from time to time, respect to any vote necessary under should the Council not have adopted Referendum Regulations, C.R.C. S0RJ2000-392, as amended or replaced (r) “Trust” means the Roseau River (s) “Trust Agreement” means the Roseau (t) “Trustee” means the Trustee for (u) “Voters” means the Members of age or older and eligible to vote in 3means the Roseau River Settlement to be established by the Council pursuant to the Annual Payment, Authorized Loans and Chief and Council of the First Nation; written resolution of the Council, signed by a has been passed by the Council at a duly River Anishinabe First Nation, as represented a bank, trust company or credit union duly Province of Manitoba. of the First Nation, which unless determined March 31 of any year; the purposes of a referendum held pursuant to Guidelines regarding any vote necessary a majority (over 50° o) of the Voters vote and of those Voters who vote, vote in favour of the name appears on the Membership List; of members maintained for the First Nation if the First Nation takes over control of its for in the Indian Act, then the list maintained by its membership rules; Guidelines” means the guidelines adopted that detail the procedures to be followed with the terms under this By-law, provided that such guidelines then it shall mean the Indian 1978, c.957, as am. SORJ94-369, Sched. II; from time to time; 1903 Trust established by the Trust Agreement; River 1903 Trust Agreement; and the Roseau River 1903 Trust; the First Nation who are eighteen (18) years of the elections of the Council of the First Nation.
3.3 Where there is a reference to a number reference to calendar days and in calculating first event happens is excluded and the day 4. ESTABLISHMENT OF COMMUNITY 4.1 The Council shall establish the Community Institution situated on a reserve, and such accordance with this By-law and any applicable shall maintain the Community Development existence. 4.2 The First Nation may from time to time Development Account, other than the Annual funds may come from any source. Once Development Account the funds shall be the current Fiscal Year and the tcrms of this 5. INVESTMENT OF FUNDS 5.1 Any funds deposited to the Community Authorized Investments and any income be deposited to the Community Development 5.2 For the purposes and sections 8.2 and 8.3 shall be deemed to be increased by the amount current Fiscal Year. 6. CONTRIBUTION TO TRUST 6.1 In the event the Annual Payment in any Fiscal for that Fiscal Year, then the Council shall a deposit to the Trust Account an amount Payment exceeds the Annual Allotment and reasonably possible after the Annual Development Account but, in any event, the Annual Payment is made. 7. AUTHORIZED LOANS AND PAYMENTS 7 1 The Council may, in accordance with the (a) to arrange for an Authorized Loan Authorized Loan; and (b) to make Authorized Loan Payments. 7.2 Subject to section 7.2(b)(iv) of the Trust deposited into the Community Development 4of days in this By-law it is deemed to be a the number of days, the day on which the on which the last event happens is included. DEVELOPMENT ACCOUNT Development Account in a Financial account shall be governed by the Council in policies of the First Nation. The Council Account for as long as the Trust remains in deposit other funds into the Community Payment and Authorized Loans. These such funds are deposited to the Community deemed to be part of the Annual Payment for By-law shall apply to such funds. Development Account may be invested in generated by the investment of the funds shall Account. the Annual Allotment for the next Fiscal Year of the investment income generated in the Year is greater than the Annual Allotment cause to be contributed to the Trust, by way of equal to the amount by which the Annual such contribution shall be made as soon as is Payment is deposited to the Community no later than May 31 of the Fiscal Year in which Trust Agreement, authorize the Trustee: and to use the Trust Property to secure such Agreement, the proceeds of an Authorized Loan Account shall only be expended for the
Community Development purpose(s) to charged and, where funds from an Authorized Fiscal Year, the funds shall continue Development purpose(s) to which the Authorized 8. EXPENDITURE OF FUNDS 8.1 Subject to sections 7.2 and 8.3, the Annual Authorized Expenses and for Community 8.2 The amount expended on Authorized Expenses (5%) percent of the Annual Allotment for the purposes of this section, the Annual Authorized Loans deposited to the Community canted forward from the previous Fiscal 8.3 In each Fiscal Year, the amount of the Development purposes, including Authorized purposes of and in the percentage amounts (a) housing up to forty percent (400 (b) land purchases up to twenty perccnt Fiscal Year; (c) economic and business development of the Annual Allotment for the Fiscal (d) community assets and infrastructure Allotment for the Fiscal Year; (e) per capita distributions up to five Fiscal Year; (0 Treaty protection up to fifteen Fiscal Year; and (g) other Community Development Annual Allotment for the Fiscal Year. 8.4 For greater certainty, Authorized Loan Payments purpose shall be included in determining expended on that purpose. 8.5 Any Annual Allotment amount, which amount of the investment income generated Community Development Account at the discretion, either remain in the Community Fiscal Year, or be contributed by the First 5which the Authorized Loan Payments are Loan are expended over more than one to be expended only for the Community Loan Payments are charged. Allotment may only be expended on Development purposes. in each Fiscal Year shall not exceed five that Fiscal Year and, for greater certainty, for Allotment does not include the proceeds of Development Account and any amount Year pursuant to section 8.5. Annual Allotment expended for Community Loan Payments, shall be expended for the as follows: o) of the Annual Allotment for the Fiscal Year; (200 o) of the Annual Allotment for the purposes up to twenty five percent (25° o) Year up to forty percent (40%) of the Annual percent (5%) of the Annual Allotment for the percent (15° o) of the Annual Allotment for the purposes up to thirty percent (3 0%) of the charged to a Community Development the percentage of the Annual Allotment for the purposes of this section includes any in the previous Fiscal Year, remaining in the end of a Fiscal Year can, at the Council’s Development Account to be used in the next Nation to the Trust. If the Council decides to
use the amount in the next Fiscal Year then, amount of the Annual Allotment for the next by such remaining amount. 9. ANNUAL BUDGET 9.1 The Annual Allotment and any Authorized accordance with Articles 7 and 8 and this 9.2 The Council shall, within sixty (60) days annual plan and budget for the next Fiscal deliverables related to the Annual Allotment and budget to identify the expenditures Payments, and the deliverables to be achieved budget shall provide sufficient information expenditures and benefits that will accrue 9 3 Except for any amount to be contributed plan and budget for any Fiscal Year must Resolution, prior to expending the Annual that Fiscal Year. For greater certainty, any by the Trustee shall remain in force and the annual plan and budget for any Fiscal 9.4 The Council may, at any time, amend the Fiscal Year, however, all Authorized Loan shall remain in force and effect and shall annual plan and/or annual budget by the Council. 9.5 Upon approving the annual plan and budget plan and or the annual budget the Council (a) post a copy of the annual plan administrative offices of the First Nation (b) deliver a copy of the annual plan and on the Roseau River Reserve No. 2; (c) mail a copy of the annual plan and resides off the Roseau River Reserve (d) provide, at the First Nation’s expense, amendment to each Member upon for the purposes of sections 8.2 and 8.3, the Fiscal Year shall be deemed to be increased Loans shall not be expended except in Article 9. of the end of each Fiscal Year, prepare an Year setting out the proposed expenditures and and any new Authorized Loan(s), such plan to be made, including any Authorized Loan from such expenditures. The plan and so as to permit the Members to identify the to the First Nation and the Members. to the Trust pursuant to section 6.1, the annual be approved by the Council, by Council Allotment and any new Authorized Loans for Authorized Loan Payments obligations made effect and shall be made regardless of whether Year is approved by the Council. annual plan and or annual budget during a Payments obligations made by the Trustee be made notwithstanding the amendment to the or approving an amendment to the annual shall: and budget or amendment in an area of the to which the public has access; budget or amendment to each house located budget or amendment to each Member who No. 2 whose address is known; and a copy of the annual plan and budget or request.
10. PROTECTION, ACCOUNTABILITY 10.1 The Council shall not: (a) lend, release, distribute or advance Account except in accordance with (b) use funds held in the Community for any loan, mortgage, pledge or 10.2 Within thirty (30) days after the end of prepared and provided to an auditor financial the Community Devclopment Account, containing (a) a balance sheet; (b) a statement of revenues and expenditures stated in the annual budget as amended (c) any other information necessary for the Community Development Account. 10.3 The accounting and auditing requirements may be done together with, and consolidated 10.4 Within one hundred and twenty (120) days shall ensure that audited financial statements expenditures from, the Community Development by the Council and may be the same auditor financial records of the First Nation. 10.5 The financial statements required by Section the Canadian generally accepted accounting disclosed basis of accounting of the Canadian audited in accordance with generally accepted auditor who is a member in good standing under the laws of the Province of Manitoba. the adequacy of the accounting procedures the Community Development Account. 10.6 Copies of the audited financial statements the First Nation in an area to which the Council approving the audited financial statements, receive a copy of the audited financial statements. 10.7 The Council shall conduct a community Fiscal Year, at which the Council shall Community Development Account for the which reconciles and compares the actual 7AND ENFORCMENT funds held in the Community Development this By-law; or Development Account as security or collateral any other charge. each Fiscal Year, the First Nation shall have statements in comparative form regarding at a minimum, the following: and a comparison of these with amounts during the Fiscal Year; and a fair presentation of the financial position of for the Community Development Account with, the other accounts of the First Nation. of the end of each Fiscal Year, the Council are prepared detailing the activities of; and Account. The auditor shall be selected appointed by the Council to audit the other 10.4 shall be prepared in accordance with principles or in accordance with the Institute of Chartered Accountants, and auditing standards by an independent of an association of auditors incorporated The audit shall include a general review of and systems of control employed to operate shall be posted in the administrative offices of Members has access, within fifteen (15) days of and any Member shall be entitled to information meeting with the Members in each present the audited financial statements for the previous Fiscal Year and provide a report expenditures and deliverables from the
Community Development Account with amended, for that same Fiscal Year. 10.8 No civil proceedings lie against a member for anything done, or omitted to be done: (a) during the course of the exercise duties and obligations in relation to, (b) in accordance with the opinions auditor, valuer, investment counsellor, considered to be a person or persons a matter in relation to this By-law.. 10.9 Members of Council and any person whom, have served as an employee, advisor, consultant, Nation in respect of this By-law shall be Nation against all losses, claims, damages, and expenses (including judgments, fines, counsel and accountants’ fees) of whatsoever asserted against any such indemnified parties in relation to the exercise or performance obligations in relation to this By-law, unless obligations, costs and expenses (including settlement, and counsel and accountants’ negligence of such party. 10.10 The right to indemnification set forth in Section to which the Council member or any person matter of law or equity or which may be lawfully of law. 11 AMENDMENTs AND REPEAL 11.1 No amendment shall be allowed under any circumstances 11 .2 No amendment or repeal of this By-law is and approved by a Majority of Voters who the Roseau River Referendum Voting Guidelines. 12. GENERAL 12.1 Headings form no part of this By-law, but reference only. 12.2 A finding by a court of competent jurisdiction void or invalid shall not affect or bear upon or part of this By law or this By-law as a whole. 8the approved annual plan and budget, as of Council or an employee of the First Nation or performance in good faith of such person’s this By law; or or advice obtained from a trustee, solicitor, appraiser or other expert who is reasonably whom reliance may be placed with respect to at the request of Council, is serving or shall agent or subcontractor of the First indemnified and saved harmless by the First liabilities, obligations, and reasonable costs penalties, amounts paid in settlement and kind or nature incurred by, borne by , or in any way arising from any act or omission in good faith, of such person’s duties or such losses, claims, damages, liabilities, judgments, fines, penalties, amounts paid in fees) arise from the fraud, willful default or 10.9 shall not be exclusive of any rights referred to in this section may be entitled as a granted to him by agreement or a court to Section 6.1 of this By-law. valid unless initiated by Council Resolution cast ballots in a referendum held pursuant to shall be considered as being inserted for that a section or provision of this By-law is the validity or invalidity of any other section
12.3 In this By-law, words in the singular include the singular. 13. COMING INTO FORCE 13.1 This By-law shall come into force on the Minister of Indian Affairs and Northern Development This By-Law is hereby made at a duly convened Anishinabe First Nation this gih day of February, Voting in favour of the By-Law are the following Chief Cou -. br ‘I 7, Coun _/≠ddouneilbor ,/ ~l1or~ being the majority of those members of the Council of the Council. The quorum of the Council is 3 members. Number of members of the Council present at the I, Terry Nelson, Chief of the Roseau River Anishinabe copy of the foregoing By-Law was provided to Development at the DIAND Manitoba Regional offices the plural, and words in the plural include later of the date the By-law is approved by the and the Effective Date of the Trust. meeting of the Council of the Roseau River 2011. members of the Council: of the Band present at the aforesaid meeting meeting was 5. First Nation, do hereby certify that a true the Minister of Indian Affairs and Northern of the department.
Vous allez être redirigé vers la version la plus récente de la loi, qui peut ne pas être la version considérée au moment où le jugement a été rendu.