Contenu de la décision
· Ministre des -Relations Cournnne~A_utcichtones Ottawa. CalJ~~a K 1A OH4
M1niste'r 6f Crown-dndigenous Relations
I,_M inister of Crown-lndig.eno·us Relations, HEREBY:A PPROVE,,.pursµant to -sectio·n 83 of the lndi.ari-Acli the following_b y-1$w made by the Birch Narrows De11e Nation~ in the Province of Saskatchewan, ~t a meeting.-held on the -5th <tay of·Ju1y ·2021.
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Birch Na.rrows QenE3 Nation . M~mbership Tru$t.~ev~-.n~e Account By-Law
Dated ~.t Ottawc;t1 Ontario:. this 2.~'ri d~y of ~mte;r- 2021.
Hon. C.ar9.lyn aenn~tt. M.D., P .. C;, M.P.
Canada
Birch Narrows Dene ation Box 40 Tumor Lake, Saskatchewan S0M3E0 Telephone: 306-894-2030 Facsimile: 306-894-2060
Chronological No. 062221-02 File Reference No. 062221-02
BIRCH NARROWS DENE NATION MEMBERSHIP TRUST REVENUE ACCOUNT BY-LAW WHEREAS: A. Pursuant to section 83 of the Indian Act, R.S.C. 1985, c. 1-5, the Chief and Council of the Birch Narrows Dene First Nation (the "First Nation") may, subject to the approval of the Minister of Indian Affairs and Northern Development Canada, enact by-laws for the expenditure of moneys of the First Nation and matters arising out of or ancillary thereto. B. The First Nation entered into an agreement (the "Trust Agreement") establishing the Birch Narrows Dene Membership Trust (the "Trust") effective the t h day of June, 2021 between the First Nation, as Settler, and FNB Trust and the Original Trustees (the "Trustees"). C. Pursuant to the terms of the Trust Agreement, the First Nation has established the Trust Revenue Account to receive the Annual Revenue. D. Pursuant to the terms of the Trust Agreement, the Annual Revenue shall be deposited by the Trustees into the Trust Revenue Account within sixty (60) days of the end of each Fiscal Year (each Fiscal Year being the period of January 1st to December 31 st inclusive) and the Trustees shall advise the Council of the amount of Annual Revenue. E. The Council of the First Nation wishes to enact the following by-law to govern the use, expenditure and accounting of Annual Revenue paid to the Trust Revenue Account. SHORT TITLE 1. This by-law shall be known as the Birch Narrows Dene Nation Membership Trust Revenue Account By-Law. DISBURSEMENT OF ANNUAL REVENUE 2. The Annual Revenue shall be expended in accordance with Schedule "A". ADMINISTRATION AND ENFORCEMENT 3. The Council shall ensure that any person responsible for the receipt and administration of the Annual Revenue adheres to the provisions of this By-Law. FINANCIAL REPORTING 4. Within 120 days of the end of each Fiscal Year, the First Nation's auditors shall provide the Trustees with the First Nation's audited financial statements, which shall also be made available to the Members of the First Nation, accounting for the use and expenditure of the Annual Revenue for the Fiscal Year. AMENDMENT 5. Prior to amending By-Law, the Council shall hold three community information meetings with the members of the First Nation to discuss the proposed amendments. GENERAL 6. (a) Headings form no part of this By-Law but shall be construed as being inserted for convenience of reference only. (b) A finding by a court of competent jurisdiction that a section or provision of this By-Law is void or invalid shall not affect or bear upon the validity or invalidity of any other section or part of this By-Law or this By-Law as a whole. (c) In this By-Law, words in the singular include the plural, and words in the plural include the singular. (d) Any of the terms not defined in this By-Law shall have the same meaning as set out in the Trust Agreement.
THIS BYLAW IS HEREBY PASSED by Council of the Birch Narrows Dene Nation at a duly convened meeting held on the O') day of ~ 2021 at 'p,,i::d:) f\.h.cro...u"::> ().,µ_ in the Province of Saskatchewan. Quorum 3 ~ ~ Cb~ ~ 1 Witness cbdu ~ IYQ..iw • Witness lorim Sylvestre ~ do O kLL±u;.;. Witness ylvestre ~
Cou~ester ~ Ox~) Witness Cou
Sch~dule "A" Guideline$ t'or Permitted and Prohlbited Expenditures
A. Capital and Operatior,al Costs for • Construction of new facilities. or Cpristruction of ~Liblic F.acilitie$
Community Leadership. Managerial and • Operations and maintenance of Administrative Services.for Beneficiaries.
Education
PERMITTED EXPENDITURES Examples
enlargements to public buildings including buildings fc>r health, recreation, eduqation, ·sooial,•cultural or .administrative purposes • Lea$ehold improvements and repairs· or re-modelihg Work to public buildings .• Op~~ting. and main.tenance. costs of public;: buUdings •• Recreational areas and park$ • Schools and other educational facilities • Constructio·n cir purchase·of existing public housing or community-owned residential buildings to be operated on a not for profit basis • Purchase of land for public housing or infrastructure • Communicationnetworks • Road maintenance
;
administrative offices • Fun.ding for non-exacutive ma,nagementand administrative positions including employment remuneration and banefits • Professional services (consulting, legal, audit) • Leadership ·training • Head Start and K-12 school programs • Youth programs • Work experience progrc1ms • Traditional lifestyle programming . • Support, operaf;on·and management of schools or soecialized education or
Health and Public Safety
Environmental Protection and Enhancement
Culture, Sports and Recreation
Business Development; Training and • Job referral and hiring center
• Educational. grants, bursaries or • Adult education and a-learning • Trades and apprenticeship training • Educational tours or travel • Internet access (Supemet) • Health care programs including
• Health related transportation • Supports for persons in distress or • Funding for pasitions required to • Specialized programs for Elders, • Comrnunity.·healing • Community Safe Home Plan • Community policing • Emergency Response Committee and .. Costs associated with managing . • Environmental clean-up of the • Operations and management ofP arks,
• Sports leagues and assoc:iations • Funding for non~xecutive positions; .. • Retention· and intergenerational
research institutions scholarships
operation and management of clinics, public health monitoring or study, public health emergency planning
Victims of abuse deliver health, educationaJ·and·social programs women, youth or cultural or social development
programs industry and government consultation.,. related obligations and·functions Community access trails, sports facilities; entertainment orarts facilities, libraries, specialized training facillties or other ·community facilities
·programs and activities.required to deliver education, health, culture, sports or recreational programs lnternetaccess (Supernet) transmission of traditional knowledge
I Empl_oyment ! • Computer training and access center
2. Financing Private Business. and Private • Financing through grants, equity or Housing Projects
Unlawful Activities
Financial· Payments to Community • Remuneration, including salary,. per Leadership
Unearned Payments to-Individuals
PROHIBITED-EXPENDITURES
loans any costs relating to businesses or, residential properties including, the acquisition, mortgage, construction repairs or operations of assets or entities owned by an individual or group of individuals • Any activities that contravene any applicable federal or provincial statutes, ordinances or re_gulations diems or honorariums, of any kind payable to Council. • Any equity investment, loan or loan guarantee or any other form of financial· support for a commercial entity or business in which the First Nation has a director indirect interest. • Direct or indirect payments to individual Members of Birch Narrows_ Dene Nation including but not limited to per capita distribution payments, equity financing or loan guarantees for member-owned businesses -or privately-owned housing but excluding assistance for which au· Members or a class of Members are eligible to apply such as education costs such as grants, bursaries; scholarships, awards or prizes.