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420 FIRST NATIONS GAZETTE 2001 Vol. 5, No. 2 MUSKODAY FIRST NATION LAND CODE [Effective January 1, 2000] Table of Contents 1. Preamble ......................................................................................... 421 2. Title ................................................................................................ 421 3. Interpretation .................................................................................. 421 4. Authority ........................................................................................ 422 5. Purpose ........................................................................................... 422 6. Description of Muskoday Land ...................................................... 423 7. Lands and Interests Affected .......................................................... 423 8. Law-Making Powers ...................................................................... 423 9. Law-Making Procedure .................................................................. 423 10. Limits on Law-Making Power ....................................................... 424 11. Publication of Land Laws .............................................................. 424 12. Coming Into Force of Land Laws .................................................. 425 13. Conflict of Interest ......................................................................... 425 14. Limits on Interests and Licences .................................................... 426 15. Lands Advisory Committee ........................................................... 426 16. Land Management Powers ............................................................. 427 17. Registration of Interests ................................................................. 427 18. Transfer and Assignment of Interests ............................................. 428 19. Limits on Mortgages and Seizures ................................................. 428 20. Member Lots and Resources .......................................................... 429 21. Taking Land For Community Purposes ......................................... 429 22. Voluntary Land Exchanges and Protections ................................... 431 23. Financial Controls and Accountability ........................................... 432 24. Appointment of Auditor ................................................................. 434 25. Rights of Eligible Voters ................................................................ 435 26. Procedure for Community Meetings .............................................. 435 27. Annual Community Meeting ......................................................... 436 28. Community Approvals ................................................................... 437 29. Procedure for Ratification Vote ...................................................... 437 30. Local Dispute Resolution Systems ................................................ 438
Muskoday First Nation Land Code [Sask.] 421 31. Liability Coverage .......................................................................... 439 32. Offences ......................................................................................... 439 33. Amendments to Land Code ............................................................ 439 34. Commencement ............................................................................. 439 1. Preamble WHEREAS Muskoday First Nation has a profound relationship with the land that is rooted in respect for the Spiritual value of the Earth and the gifts of the Creator and has a deep desire to preserve its relationship with the land; WHEREAS Muskoday First Nation has entered into a government-to-government Framework Agreement on First Nation Land Management with Canada on February 12, 1996, as amended; AND WHEREAS Muskoday First Nation has the option of withdrawing its lands from the land provisions of the Indian Act in order to exercise control over its lands and resources for the use and benefit of its members, rather than having its lands managed on its behalf by Canada; NOW THEREFORE this Land Code is hereby enacted as the fundamental land law of Muskoday First Nation. 2. Title Title 2.1 The title of this enactment is the Muskoday First Nation Land Code. 3. Interpretation Definitions 3.1 In this Land Code, “community land” means any Muskoday land in which all members have a common interest. “community meeting” means a meeting under this Land Code to which the members are invited to attend. “Council” means the Chief and Council of Muskoday First Nation. “eligible voter” means, for the purpose of voting in respect of land matters under this Land Code, a member of Muskoday First Nation who has attained the age of eighteen (18) years of age. “First Nations Land Register” means the register maintained by the Department of Indian Affairs and Northern Development under the Framework Agreement. “Framework Agreement” means the Framework Agreement on First Nation Land Management entered into between the Minister
422 FIRST NATIONS GAZETTE 2001 Vol. 5, No. 2 of Indian Affairs and Northern Development and the Chiefs of fourteen First Nations, including Muskoday, on February 12, 1996, as amended, and which is to be ratified on behalf of the Government of Canada by an Act of Parliament. “Muskoday land” means any portion of the reserves referred to in section 6 of this Land Code, including all the rights and resources that belong to that land. “immediate relatives”, in respect of a person, means the person’s mother, father, sister, brother, children or spouse. “land law” means a land law enacted pursuant to this Land Code. “land resolution” means a resolution of Council made pursuant to this Land Code. “member” means a person whose name appears or is entitled to appear on the Muskoday First Nation Band Membership List. “ratification vote” means a vote of eligible members to obtain community approval in accordance with section 29. “Transfer Agreement” means the Individual Transfer Agreement made between Muskoday First Nation and Her Majesty in right of Canada, dated November 5, 1997. Paramountcy 3.2 If there is an inconsistency between this Land Code and any other enactment of Muskoday First Nation, this Land Code prevails to the extent of the inconsistency. 4. Authority Authority 4.1 The power of Muskoday First Nation to govern and administer its lands flows from the Creator to the people of Muskoday First Nation, and from the people to their Chief and Council according to custom and law. 5. Purpose Purpose 5.1 The purpose of this Land Code is to set out the principles, rules and structures that apply to Muskoday lands and resources and by which Muskoday First Nation will exercise authority in accordance with the Framework Agreement. Ratification 5.2 The Framework Agreement is ratified and confirmed when this Land Code comes into force by a community vote.
Muskoday First Nation Land Code [Sask.] 423 6. Description of Muskoday Land Muskoday Land 6.1 The following Muskoday lands are subject to this Land Code: (a) the Indian Reserve known as Reserve # 99; and (b) all lands that may be set apart, after this Land Code comes into force, as reserve lands for the exclusive use and benefit of Muskoday First Nation. 7. Lands and Interests Affected Nature of lands 7.1 A reference to “land” in this Land Code means all the and interests rights and resources that belong to the land, and includes (a) the water, beds underlying water, riparian rights, and renewable and non-renewable natural resources belonging to that land, to the extent that these are under the jurisdiction of Canada; and (b) all the interests and licences granted by Her Majesty in right of Canada listed in the Transfer Agreement. 8. Law-Making Powers Council may 8.1 The Council may, in accordance with this Land Code, make laws make laws respecting the development, conservation, protection, management, use and possession of Muskoday lands, and interests and licences in relation to those lands. This power includes the power to make laws in relation to any matter necessary or ancillary to the making of laws in relation to Muskoday land. 9. Law-Making Procedure Introduction 9.1 A proposed land law may be introduced by any member of land laws at a duly convened meeting of the Council. Explanation 9.2 The Council may require the member introducing a proposed land law to explain how the law would benefit the community. Tabling and 9.3 A proposed land law may be voted on by the Council posting of proposed land only if it has been laws (a) tabled at a meeting of the Council held at least one month before the land law is to be considered for the approval of the Council; (b) posted in public places on Muskoday land; and
424 FIRST NATIONS GAZETTE 2001 Vol. 5, No. 2 (c) published in the community newspaper or distributed to eligible voters at least ten working days before it is considered by Council. Public health 9.4 The Council may enact a land law without the preliminary or safety steps required under section 9.3 if the Council is of the opinion that the law is needed urgently in the interests of public health or safety. Approval of 9.5 A land law is enacted if it has been approved by a majority land law by Council of the Council at a meeting of the Council open to the members of Muskoday First Nation, or as provided in section 13.4. Certification 9.6 The original copy of any land law or land resolution of land laws concerning Muskoday land shall be signed by (a) a quorum of the Council present at the meeting at which it was enacted; and (b) the secretary of the Council, or another person designated by the Council. 10. Limits on Law-Making Power Community 10.1 The following shall not be enacted by the Council unless approval of land they receive community approval by a ratification vote: use plan, etc. (a) a land use plan; (b) the law on community expropriation referred to in section 21.3; (c) any other law that specifies that it requires community approval under this section. 11. Publication of Land Laws Publication 11.1 All land laws shall be published in the minutes of the Council. Posting land 11.2 Within one week after a land law has been enacted, the laws Council shall post a copy of the law in a public place on Muskoday land. Registry of 11.3 The Council shall keep, at the administrative offices of land laws Muskoday First Nation, a register of the original copy of all land laws and land resolutions, including laws and resolutions that have been repealed or are no longer in force.
Muskoday First Nation Land Code [Sask.] 425 Public Access 11.4 Any person may have reasonable access to the register of land laws during normal business hours in the administrative offices of Muskoday First Nation. Copies for any 11.5 Any person may obtain a copy of a land law or land person resolution on payment of a reasonable fee set by or under resolution of the Council. 12. Coming Into Force of Land Laws Laws in force 12.1 A land law enacted by the Council is in force on the date of its enactment or such later date as specified by or under the land law. 13. Conflict of Interest Conflict of interest 13.1 This section applies to by Council (a) each member of the Council who is dealing with any matter before Council that is related to Muskoday land; (b) each person who is an employee of Muskoday First Nation dealing with any matter that is related to Muskoday land; and (c) each person who is a member of a board, committee or other body of Muskoday First Nation dealing with any matter that is related to Muskoday land. Duty to report 13.2 If the person has any interest, financial or otherwise, in and abstain the matter being dealt with that might involve the person or his or her immediate relatives, the person (a) shall disclose the interest to the Council, or the board, committee or other body as the case may be; and (b) shall not take part in any deliberations on that matter or vote on that matter. Common interests 13.3 This section does not apply to any interest that is held by a member in common with every other member. Meeting of 13.4 If the Council is unable to vote on a proposed land law eligible voters or land resolution due to a conflict of interest, the Council may refer the matter to a community meeting and, if a quorum is present, a majority of the eligible voters present at the meeting may enact the land law or land resolution. Inability to act 13.5 If the board, committee or other body is unable to act due to a conflict of interest, the matter shall be referred to the Council.
426 FIRST NATIONS GAZETTE 2001 Vol. 5, No. 2 14. Limits on Interests and Licences All dispositions 14.1 An interest in, or licence to use, Muskoday land may in writing only be created, granted, disposed of, assigned or transferred by a written document in accordance with this Land Code. Allocation of lots 14.2 No community approval is required for the allocation of residential lots to members. Community 14.3 Community approval by a ratification vote must be approval of disposition obtained for the following: (a) any grant or disposition of an interest or licence in Muskoday land exceeding a term of 35 years; (b) any renewal of a grant or disposition of an interest or licence in Muskoday land that extends the original term beyond 35 years; or (c) any grant or disposition of any natural resources on community lands exceeding a term of 1 year. Grants to 14.4 The written consent of the Council must be obtained non-members for any grant or disposition of an interest or licence in Muskoday land to a person who is not a member. Improper 14.5 A deed, lease, contract, instrument, document or transactions void agreement of any kind, whether written or oral, by which Muskoday First Nation, a member or any other person purports to grant, dispose of, transfer or assign an interest or licence in Muskoday land after the date this Land Code comes into force is void if it is not authorized pursuant to this Land Code. 15. Lands Advisory Committee Committee 15.1 The Council shall, by resolution, establish a Muskoday established Lands Advisory Committee to advise the Council on land matters. Composition 15.2 The Lands Advisory Committee shall be composed of up to 7 members, all of whom must be eligible voters. Appointments 15.3 The members of the Lands Advisory Committee shall by Council be chosen by the Council. At least one of the members appointed must reside off Muskoday land. Terms and Duties 15.4 The Council may, by resolution, establish the terms and duties of Lands Advisory Committee members and the procedures to be followed and make provisions for vacancies to be filled.
Muskoday First Nation Land Code [Sask.] 427 Procedures 15.5 The Lands Advisory Committee may make its own rules of procedure not inconsistent with those established by the Council. Development 15.6 Within a reasonable time after this Land Code comes of land related policies into force, the Lands Advisory Committee shall, in consultation with the community, develop policies that address the following matters: (a) environmental protection and assessment in relation to Muskoday land; (b) any outstanding issues on the resolution of disputes in relation to Muskoday land; (c) land use planning; and (d) rights of possession of a matrimonial home on spousal separation and such other related issues as may be of concern to the community. Implementation 15.7 The policies developed by the Lands Advisory of policies Committee shall be presented to the Council for consideration and implementation as land laws or as amendments to this Land Code, whichever is most appropriate. 16. Land Management Powers Authority to 16.1 Muskoday First Nation, acting through the Council, make dispositions may grant (a) interests and licences in community lands, including leases, permits, easements and rights-of-ways, subject to section 14.3; and (b) permits to take resources from community lands, including cutting timber or removing minerals, stone, sand, gravel, clay, soil or other substances, subject to section 14.3. 17. Registration of Interests Enforcement 17.1 An interest or licence in Muskoday land created or of interests and licences granted after this Land Code comes into effect is not enforceable against a third party, Muskoday First Nation or a member, unless it is registered. Enforcement 17.2 A charge, pledge or mortgage of a leasehold interest in of mortgages Muskoday land or in a building on those lands granted after this and pledges Land Code comes into effect is not enforceable against that leasehold interest unless it is registered.
428 FIRST NATIONS GAZETTE 2001 Vol. 5, No. 2 Registration 17.3 No instrument that requires consent of the Council, or of consent or approval community approval at a community meeting or by a ratification vote, may be registered unless a certified copy of the resolution or minute of the Council or community meeting or result of the ratification vote that evidences the consent or approval is attached. Duty to maintain 17.4 The Council shall maintain a land register in form and duplicate register content the same as the First Nations Land Register. Duty of member 17.5 Every member who receives an interest or licence in to deposit Muskoday land from another member shall deposit an original copy of the relevant instrument in the land register maintained by the Council. Duty to deposit 17.6 The Council shall ensure that an original copy of the following instruments is deposited in the First Nations Land Register: (a) any grant of an interest or licence in Muskoday land; (b) any transfer or assignment of an interest in Muskoday land; (c) any expropriation of an interest in Muskoday land by Muskoday First Nation; (d) every land use plan, subdivision plan or resource use plan; and (e) this Land Code and any amendment to this Land Code. 18. Transfer and Assignment of Interests Approval of 18.1 There shall be no transfer or assignment of an interest transfer in Muskoday land without the written consent of the Council. Restrictions on 18.2 The grant of any interest or licence in Muskoday land, assignment or further grant shall be deemed to include a provision that the grant shall not be assigned or any other interest subsequently granted without the written consent of the Council. Registration 18.3 For greater certainty, registration of the written consent referred to in this section is still required under section 17. 19. Limits on Mortgages and Seizures Limit on 19.1 A leasehold interest may be subject to charge or mortgages mortgage for a term not exceeding the term of the lease.
Muskoday First Nation Land Code [Sask.] 429 Exception 19.2 The term of any charge or mortgage shall not exceed 35 years, unless it receives the written consent of the Council and community approval by a ratification vote. Default in 19.3 In the event of default in the terms of a charge or mortgage mortgage, no leasehold interest is subject to possession by the chargee or mortgagee, foreclosure, power of sale or any other form of execution or seizure, unless (a) the charge or mortgage was consented to by the Council; (b) the charge or mortgage was registered in the First Nations Land Register; and (c) a reasonable opportunity to redeem the charge or mortgage is given to the Council. Power of 19.4 If the Council exercises its power of redemption, redemption Muskoday First Nation becomes the lessee of the land and takes the position of the chargor or mortgagor for all purposes after the date of the redemption. 20. Member Lots and Resources Allocation of lots 20.1 The allocation to members of available residential lots and the procedures for the allocation shall be decided upon by the Council. Right to resources 20.2 The allocation of an interest in a residential lot does not entitle the member to benefit from the resources arising from the interest. 21. Taking Land For Community Purposes Rights and 21.1 An interest or licence in Muskoday land, or in any interest that may be expropriated building or other structure on those lands, may only be expropriated by Muskoday First Nation in accordance with the Framework Agreement and any land law enacted for the purpose of establishing the rights and procedures for community expropriations. Community 21.2 A community expropriation may only be made for a purposes necessary community purpose or works of Muskoday First Nation, including but not limited to: a fire hall, sewage or water treatment facility, community centre, public works, roads, schools, day-care facility, hospitals, health-care facility, and retirement home. Expropriation 21.3 Before proceeding to make any community expropriations laws in accordance with this Land Code, the Council shall make fair and
430 FIRST NATIONS GAZETTE 2001 Vol. 5, No. 2 reasonable laws respecting the rights and procedures for community expropriations, including laws respecting: (a) procedures governing expropriation, including the taking of possession, compulsory taking of possession and transfer of the right or interest, notice of expropriation and service of notice of expropriation; and (b) entitlement to compensation, determination of the amount of compensation and the method of payment of compensation. Public report 21.4 Before Muskoday First Nation decides to expropriate a right or interest, it shall make a public report on the reasons justifying the expropriation. Rights that 21.5 A right or interest of Her Majesty the Queen in right may not be expropriated of Canada or Saskatchewan is not subject to expropriation by Muskoday First Nation. Acquisition 21.6 The right of Muskoday First Nation to expropriate can by mutual agreement only be exercised after a good faith effort to acquire, by mutual agreement, rights or interests in Muskoday land. Community 21.7 In the case of a member’s interest, the expropriation approval must receive community approval by ratification vote. Compensation 21.8 Muskoday First Nation shall, in accordance with its for rights laws and the Framework Agreement, and interests (a) serve reasonable notice of the expropriation on each affected holder of rights or interests in the land to be expropriated; and (b) pay fair and reasonable compensation to the holders of rights or interests in the expropriated land. Compensation 21.9 The total value of the compensation under this clause calculations will be based on the following: (a) the market value of the land or interest that is acquired; (b) the replacement value of any improvement to the land that is acquired; (c) the damages attributable to any disturbance; and (d) damages for any reduction in the value of a remaining interest. Market value 21.10 The “market value” of an expropriated right or an interest is equal to the amount that would have been paid for the
Muskoday First Nation Land Code [Sask.] 431 right or interest if it had been sold on the reserve by a willing seller to a willing buyer under no duress. Neutral evaluation 21.11 The resolution of disputes concerning the right of to resolve disputes Muskoday First Nation to expropriate shall be determined by neutral evaluation, in the same manner as provided in Part IX of the Framework Agreement, and the 60 day period referred to in clause 32.6 of the Framework Agreement shall be applied, as appropriate in the circumstances, by the neutral evaluator. Arbitration to 21.12 The resolution of the following disputes shall be resolve disputes determined by arbitration, in the same manner as provided in Part IX of the Framework Agreement: (a) disputes concerning the right of the holder of an expropriated interest to compensation; and (b) disputes concerning the amount of the compensation. 22. Voluntary Land Exchanges and Protections Conditions for 22.1 Muskoday First Nation may agree with another party to a land exchange exchange a parcel of Muskoday land for a parcel of land from that other party in accordance with this Land Code and the Framework Agreement. Negotiators 22.2 The persons who will have authority to negotiate a land exchange agreement on behalf of Muskoday First Nation must be designated by resolution of the Council. Community 22.3 Once negotiations on the land exchange agreement approval are concluded, the proposed agreement must be submitted for community approval by a ratification vote. No effect 22.4 A land exchange is of no effect unless it receives community approval by a ratification vote. Land to be 22.5 No land exchange may occur unless the land to be received received in the exchange meets the following conditions: (a) it must be equal to or greater than the area of Muskoday land to be exchanged and it must be at least comparable to the appraised value of the Muskoday land; and (b) it must become a reserve and Muskoday land. Additional land 22.6 Muskoday First Nation may negotiate to receive one or more other parcels of land as compensation, in addition to the parcel referred to above which is intended to become a reserve.
432 FIRST NATIONS GAZETTE 2001 Vol. 5, No. 2 These other parcels may be held by Muskoday First Nation in fee simple or some other manner. Federal consent 22.7 Before Muskoday First Nation concludes a land exchange agreement, it must receive a written statement from Canada clearly stating that Her Majesty in right of Canada (a) consents to set apart as a reserve the land referred to in section 22.5, as of the date of the land exchange or such later date as the Council may specify by resolution; and (b) consents to the manner and form of the exchange as set out in the exchange agreement. Process of 22.8 The land exchange agreement shall provide that land exchange (a) the other party to the exchange must transfer to Canada the title to the land which is to be set apart as a reserve; (b) the Council must pass a resolution authorizing Canada to transfer title to the Muskoday land being exchanged, in accordance with the exchange agreement; and (c) a copy of the instruments transferring title to the relevant parcels of land must be registered in the First Nation Lands Registry. 23. Financial Controls and Accountability Application 23.1 This section applies only to financial matters relating to Muskoday land. Establishment 23.2 The Council shall maintain one or more financial accounts of bank accounts in a financial institution and shall deposit in those accounts (a) transfer payments received from Canada for the management and administration of Muskoday land; (b) moneys received by Muskoday First Nation from the grant or disposition of any interests or licences in community lands; (c) all fees, fines, charges and levies collected under a land law or land resolution; (d) all capital and revenue moneys received from Canada from the grant or disposition of any interests and licences in Muskoday land; and (e) any other land revenue received by Muskoday First Nation.
Muskoday First Nation Land Code [Sask.] 433 Signing officers 23.3 The Council shall authorize at least three persons, one of whom shall be a member of the Council, to sign cheques and other bills of exchange or transfer drawn on the account. Bonding 23.4 Every signing officer must be bondable. Two signatures 23.5 To be valid, a cheque or other bill of exchange or transfer drawn on the account must be signed by two signing officers. Fiscal year 23.6 The fiscal year of Muskoday First Nation begins on April 1 of each year and ends on March 31 of the following year. Adoption of 23.7 The Council shall, by resolution, prior to the beginning budget of each fiscal year, adopt a land management budget for that fiscal year and may, if the Council deems it necessary in the course of the fiscal year, adopt supplementary budgets for that fiscal year. Procedure 23.8 After adopting the land management budget or supplementary budget, the Council shall, without undue delay (a) explain the budget or supplementary budget to the members at an annual community meeting; and (b) make a copy of the budget or supplementary budget available at the administrative offices of Muskoday First Nation for inspection by members at reasonable hours. If no budget 23.9 If the Council fails to adopt a land management budget for a fiscal year prior to the beginning of that fiscal year, the budget and any supplementary budgets of the previous fiscal year apply until a new budget is adopted. Budget rules 23.10 The Council may make rules respecting the preparation and implementation of land management budgets. Expenditures 23.11 The Council may not expend moneys or commit itself, by contract or otherwise, to expend moneys, unless such expenditure is authorized by or under a law or resolution or an approved budget. Books of account 23.12 Muskoday First Nation shall keep books of account and and financial records financial records in accordance with generally accepted accounting principles. Access to books 23.13 A member of the Council, an eligible voter or any person and records authorized by the Council may at any reasonable time, inspect the books of account and financial records of Muskoday First Nation. Offences 23.14 A person is guilty of an offence if the person
434 FIRST NATIONS GAZETTE 2001 Vol. 5, No. 2 (a) impedes or obstructs anyone from exercising their right to inspect the books or account or financial records of Muskoday First Nation; or (b) has control of the books or account or financial records of Muskoday First Nation and fails to give all reasonable assistance to anyone exercising their right to inspect those books or records. Preparation of 23.15 Within 90 days after the end of each fiscal year, financial statement Muskoday First Nation shall prepare a financial statement in comparative form, containing at a minimum (a) a balance sheet; (b) a statement of revenues and expenditures and a comparison of these with the amounts stated in Muskoday First Nation’s budget and any supplementary budget; and (c) any other information necessary for a fair presentation of the financial position of Muskoday First Nation. Consolidated 23.16 The accounting and auditing requirements of this Land accounts Code may be done together with, and consolidated with, the other accounts of Muskoday First Nation. 24. Appointment of Auditor Appointment 24.1 For each fiscal year, a duly accredited auditor shall of auditor be appointed for the audit of the land related financial records of Muskoday First Nation. Holding office 24.2 The auditor appointed under this section holds office until re-appointed, or until a new auditor is appointed. Vacancy in office 24.3 Where a vacancy occurs during the term of an auditor, the Council shall forthwith appoint a new auditor for the remainder of the former auditor’s term and shall fix the auditor’s remuneration. Remuneration 24.4 The auditor’s remuneration shall be paid by Muskoday First Nation out of the transfer payments received from Canada. Duty of auditor 24.5 The auditor shall, within four months after the end of Muskoday First Nation’s fiscal year, prepare and submit to the Council, a report on Muskoday First Nation’s financial statement, stating whether, in the opinion of the auditor, the financial statement presents fairly the financial position of Muskoday First Nation in accordance with generally accepted accounting principles applied on a basis consistent with that applied in the previous fiscal year.
Muskoday First Nation Land Code [Sask.] 435 Access to records 24.6 In order to prepare the report on Muskoday First Nation’s financial statement, the auditor may at all reasonable times inspect the financial records, accounts, books, minutes, vouchers and receipts of Muskoday First Nation and any person or body who administers money on behalf of Muskoday First Nation. Explanation of 24.7 The Council shall present the auditor’s report to the auditor’s report members at a community meeting. Making report 24.8 The Council shall make a copy of the auditor’s report available available at the administrative offices of Muskoday First Nation. Access 24.9 Any member may have reasonable access to the auditor’s report during normal business hours in the administrative offices of Muskoday First Nation. Copies for 24.10 Any member may obtain a copy of the auditor’s report members on payment of a reasonable fee set by or under resolution of the Council. Copies for others 24.11 Any person who is not a member may, with the consent of the Council, obtain a copy of the auditor’s report on payment of a reasonable fee set by or under resolution of the Council. 25. Rights of Eligible Voters Rights of 25.1 Each member who is at least eighteen (18) years of age is eligible voters eligible to vote at a community meeting and at a ratification vote. 26. Procedure for Community Meetings Notice to 26.1 The Council shall give notice that members (a) specifies the date, time and place of the community meeting; and (b) contains a brief description of the matters to be discussed and decided on at the community meeting. Manner of notice 26.2 The notice of a community meeting must be given to the members by (a) posting the notice in a public place on Muskoday land at least 21 days before the community meeting; (b) mailing the notice to members; (c) publishing the notice in the community newspaper or distributed to eligible voters at least 10 working days before the meeting; and
436 FIRST NATIONS GAZETTE 2001 Vol. 5, No. 2 (d) such additional method as the Council may consider appropriate in the circumstances. Who may attend 26.3 All members have a right to attend a community meeting, but other persons may attend with the permission of the Council. Minimum for 26.4 The Council may by law or resolution establish a quorum minimum number or percentage of eligible voters who are required to be present as a quorum for the purposes of making a decision at a community meeting. Voting 26.5 Decisions are to be made by a majority vote of the eligible voters present at the community meeting. Other meetings 26.6 The Council may schedule more than one community meeting to discuss and decide on a matter that requires a community meeting. Other laws 26.7 For greater certainty, the Council may make laws respecting community meetings. 27. Annual Community Meeting Annual 27.1 The Council, on behalf of Muskoday First Nation, shall community meeting call and hold an annual community meeting within 60 days of the receipt of the auditor’s report. Agenda at 27.2 The agenda for each annual community meeting of community meeting Muskoday First Nation shall include the following: (a) approval of the minutes of the annual community meeting held the previous year; (b) annual review of land management; (c) presentation of the auditor’s report and approval; (d) appointment of an auditor for the new fiscal year; (e) any other matters proposed by the Council; and (f) new business. Appointment 27.3 The secretary to the Council, or another person of secretary designated by the Council, shall take the minutes of the annual community meeting and file copies of the minutes with the registrar of laws.
Muskoday First Nation Land Code [Sask.] 437 28. Community Approvals Community 28.1 A ratification vote shall be held by Muskoday First approval by Nation to decide whether to ratification vote (a) approve a land use plan; (b) approve a grant or disposition of an interest or licence in Muskoday land as required in section 14.3; (c) approve a grant or disposition of resources on community lands as required in section 14.3; (d) approve a charge or mortgage as required in section 19.2; (e) approve the law on community expropriation referred to in section 21.3; (f) approve the expropriation of a member’s interest as required in section 21.7; (g) approve a voluntary exchange of Muskoday land; and (h) approve an amendment to this Land Code as required in section 33. Community 28.2 A community meeting shall be held by Muskoday First approval by community Nation to decide whether to enact any land law or land resolution meeting that the Council is unable to enact pursuant to section 13.4. Transfer 28.3 An amendment to, or renewal of, the Transfer Agreement Agreement with Canada with Canada made under clause 6 of the Framework Agreement does not require community approval by a ratification vote, unless the amendment or renewal reduces the amount of funding provided by Canada. 29. Procedure for Ratification Vote Community 29.1 Any ratification vote required under this Land Code shall Ratification Process be conducted in substantially the same manner as the Muskoday First Nation Community Ratification Process, which was used to ratify this Land Code. No verifier 29.2 A verifier is not needed in any ratification vote, except a vote on an amendment to this Land Code. Other laws 29.3 For greater certainty, the Council may make laws respecting ratification votes.
438 FIRST NATIONS GAZETTE 2001 Vol. 5, No. 2 30. Local Dispute Resolution Systems Appointment 30.1 The Council shall, within 60 days of the coming into of dispute resolution body force of this Land Code, appoint a dispute resolution body to deal with disputes and appeals relating to Muskoday land that arise after this Land Code comes into force. Appealable 30.2 The matters that may be appealed to the dispute disputes resolution body shall be provided for by a land law. Disputes not 30.3 If there is an appealable dispute that cannot be resolved resolved by Council by the Council or the Lands Advisory Committee, a member or a non-member with an interest in Muskoday land may, in accordance with this section, appeal the dispute to the dispute resolution body for their decision. Appeal 30.4 An appeal to the dispute resolution body shall be procedures made and determined in accordance with the appeal procedures established by the dispute resolution body. Improper 30.5 Any attempt by a person making an appeal to improperly influence influence the decision of the dispute resolution body will result in the automatic rejection of the appeal. Limitation 30.6 The limitation period for an appeal to the dispute period resolution body is 30 days after the day the decision, act or omission being appealed was made. Power on appeal 30.7 The dispute resolution body may, after hearing an appeal (a) confirm or reverse the decision, in whole or in part; (b) substitute its own decision for the decision appealed from; (c) direct that an action be taken or ceased; or (d) refer the matter or dispute back for a new decision. Decision final 30.8 A decision of the dispute resolution body is final and binding, subject to any exception established by a land law. Written decisions 30.9 Decisions of the dispute resolution body must be in writing, signed by the person chairing the dispute resolution body or by an officer designated by the dispute resolution body to do so. Reasons 30.10 The dispute resolution body may give reasons for its decision, and shall do so in writing if a party to the proceedings requests them before, or within 14 days after, the date of the decision.
Muskoday First Nation Land Code [Sask.] 439 31. Liability Coverage Liability Coverage 31.1 The Council shall arrange, maintain and pay, out of the transfer payments received from Canada, insurance coverage for its officers and employees engaged in carrying out any matter related to Muskoday land to indemnify them against personal liability arising from the performance of those duties. Extent of 31.2 The extent of the insurance coverage shall be determined coverage by the Council. Bonding 31.3 Every employee of Muskoday First Nation whose responsibilities include land administration or collecting or accounting for land revenue must be bondable. 32. Offences Application of 32.1 Unless some other procedure is provided for by a land the Criminal Code law, the summary conviction procedures of Part XXVII of the Criminal Code, as amended from time to time, apply to offences under this Land Code or under a land law. 33. Amendments to Land Code Community 33.1 All amendments to this Land Code must receive approval community approval by ratification vote to be effective. Verifier 33.2 A verifier is required in any ratification vote on an amendment. 34. Commencement Preconditions 34.1 This Land Code shall not come into force unless (a) the community approves this Land Code and the Transfer Agreement with Canada and this Land Code has been certified by the verifier pursuant to the Framework Agreement; (b) the Federal Legislation ratifying the Framework Agreement is in force; and (c) the Council has enacted a resolution that adequate funding for land management has been identified and assured by Canada under the Transfer Agreement. Commencement 34.2 Subject to section 34.1, this Land Code shall come into date force on the first day of the month following the coming into force of the Federal Legislation.
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