Contenu de la décision
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Indian and Northern Affairs Canada
Affaires indiennes et du Nord canada
BAND COUNCIL RESOLUTION
Chronological no.
1717 page I of 8
File reference no.
NOTE: The words "from our Band Funds" "capital" or "revenue", whichever 1s the case, must appear in all resolutions requesting expenditures from Band Funds. Cash free balance
The council of the Kebaowek First Nation
Capital aCC01Jnt
$
Date of duly convened meeting (YYYY-MM-0D) Province Revenue account S 2021-12-20 Quebec 00 HEREBY RESOLVE: WHEREAS Kebaowek First Nation has the inherent right to govern its own affairs and also exercises the powers of
a "band council" under the Indian Act. including the power to make by-laws pursuant to section 81 of that Act;
WHEREAS section 81 recognizes the right of Kebaowek First Nation to make by-laws for any of the following purposes:
- to provide for the health of residents; - the observance of law and order;
- the prevention of disorderly conduct and nuisances;
- the removal and punishment of persons trespassing on the reserve or frequenting the reserve for pohibited purposes; and
- any matter arising out of or ancillary to the exercise of powers cited above.
WHEREAS Kebaowek First Nation hereby chooses to exercise its rights and law-making powers over the reserve lands which have been set apart part for the use and benefit of Kebaowek First Nation and its members;
0uONm
3 (Councillor)
(Councillor)
(Councillor)
Expenditure
Recommending officer
Authority (Indian Act Section)
Signature Approving officer • Approuv~ par
Signatut11 INTER 80-005 E 2007-03-01
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FOR DEPARTMENTAL USE ONLY Source of funds Expenditure Capital
Revenue
Oace
Dale
Recommending officer
(Councillor)
(CounciHor)
(Councillor)
Authority (Indian Act Section)
SlgnalUr♦ Approving officer
S~e
Source of funds Capital
Revenue
Om
DIiie Canada
•••
Indian and Northern Affairs Canada
Affaires indiennes et du NOid Canl'da
BAND COUNCIL RESOLUTION
Chronological no.
1717 page 2 of 8 File reference no.
NOTE: The words "from our Band Funds• "capitar or •revenue·. whichever 1s the case, must appear in all resolutions requesting expenditures from Band Funds. Cash free balance
The council of the Kebaowek First Nation
Capital account
$
Date of duly convened meeting (YYYY-MM-00) Province Revenue account $ 2021-12-20 Quebec 00 HEREBY RESOLVE. NOW THEREFORE the Council of Kebaowek First Nation enacts this Covid-19 Mandatory Employee Vaccination
Policy By-law:
I. POLICY ST AT EMENT
The Kebaowek First Nation, (the "Employer" ) is committed to the health and safety of its employees and the members of the community we serve. This COVID-19 Vaccination Policy (this "Policy" ) has been developed and implemented in accordance with applicable Provincial and Federal legislation and Public Health directives and recommendations.
The objective of this Policy is to reduce the transmission ofCOVID-19 to protect the health and safety of all employees, staff, volunteers, contractors, students, and community members.
This Policy will be interpreted and applied in a manner consistent with the Canadian Human Rights Act (the " CHRA " ) and the Canada Labour Code (the "CLC " ).
This Policy was adopted by Band Council Resolution October 29th, 2021 and comes into effect as of December l , 2021.
Quorum
3
(Councillor)
(Cooncillor)
(Councillor)
Expenditure
Recommending officer
Authority (Indian Act Section)
Sq,alur& Approvrng officer - Approuve par
INTER 80-005 E 2007-03,-01
~;:t;_ (Councillor)
FOR DEPARTMENTAL USE ONLY Source of funds Expenditure Capital
Revenue
Recommending officer
(CoundUor)
(Councillor)
(Councillor)
Authority (Indian Act Section}
Signature Approvmg officer
Signature
Source of funds Capital
Revenue
Dalt Canada
l♦I
Indian and NOlthem Affairs Canada
r
Affalres indiennes el du Nord Canada
BAND COUNCIL RESOLUTION
Chronological no.
1717 page 3 of8 File reference no.
NOTE: The words "from our Band Funds" "cap1tar or "revenue·. whichever Is the case. must appear in all resolutions requesbng expenditures from Band Funds. Cash free balance
The council of the Kebaowek First Nation Date of duly convened meeting (YYYY-MM-0D) 2021-12-20 DO HEREBY RESOLVE: 2. PREAMBLE
Province Quebec
Capital account
Revenue account
$
$
COVID-19 is defined as the SARS-CoV-2 virus (severe acute respiratory syndrome coronavirus 2). As COVID-19 has spread, mutations have occurred in the virus' s genetic code, resulting in several new variants ofCOVID-19. In this Policy. COVID-19 refers to both the initial COVID-19 virus and all of its mutations.1 variants.
COVID-19' s incubation period is usually five to seven days but can range from one to fourteen days. Individuals may spread COVID-19 within fourteen days of contracting the virus and may develop symptoms any time within those fourteen days. Although some people may not develop symptoms (i.e., are asymptomatic), they may still spread the virus. Common symptoms of COVID-19 include the sudden onset of a high fever, chills, sore throat, fatigue, and a dry cough. These symptoms may be accompanied by other symptoms such as body aches, loss of taste and smell, and diarrhea. More serious symptoms include difficulty breathing or shortness of breach, chest pain, and loss of speech or movement. In some cases, COVID-19 can be fatal.
The COVID-19 vaccine is one of the most effective ways to prevent transmission of and infection by COVID-19. Canadian public health authorities have stated that vaccines are safe, have few side effects, and have a high rate of effectiveness. For more information on COVID-19 vaccines, please see the Government of Canada' s website.
Quorum
J
(Councillor)
(Councillor) (Councillor}
Expenditure
Recommending officer
Authonty (Indian Act Section)
s~ Approving officer - Approuve par
Signature INTER 80-005 E 2007-03-01
~~~~ (Councillor)
~#~ (Councillor)
FOR DEPARTMENTAL USE ONLY Source of funds Expenditure Capital
Revenue
Date
Date
Recommending officer
(Councillor)
(Councillor)
(Councillor)
Authority (Indian Act Section)
Signatu1e Approving officer
Signature
Source of funds Capital
Revenue
Date
Date Canada
•••
Indian and Northern Affairs Canada
Affaires ind ennes et du Nord Canada
BAND COUNCIL RESOLUTION
Chronological no.
1717 page 4 of 8
File reference no.
NOTE. The words "from our Band Funds" "capital" or "revenue", whichever Is the case, must appear In all resolutions requesting expenditures from Band Funds. Cash free balance
The council of the Kebaowek First Nation
Date of duty convened meebng (YYYY-MM-00) 2021-)2-20 00 HEREBY RESOLVE. 3. DEFINITIONS
Province
Quebec
Capital account
Revenue account
s
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Fully vaccinated or protected means having received 2 doses of a Covid-19 viral vector-base vaccine, or 2 doses of the covid -19 messenger RNA vaccine or a combination of either COVID-19 vaccines approved by Health Canada and recommended by the applicable local public health unit, including any booster shots recommended, approved, and/or required from time to time (e .g., two doses of a two-dose vaccine series, or one dose of a single-dose vaccine series); and having received the final dose of the COVID-19 vaccine at least founeen days ago. Fully protected can
also be people who have had COVID-19 confinned by a nucleic acid amplification test (NAAT ), and single dose of either approved vaccine.
Employee means, for the purposes of this Policy only, all employees, staff, contractors, students, and volunteers of the Employer.
4. SCOPE
This Policy applies to all employees, regardless of their role whether unionized or not. 5. POLICY
In accordance with Pan II of the Canada Labour Code the "CLC" ), the Employer will take all reasonable steps to ensure that the health and safety at work of every employee is protected.
Quorum
3
(Councillor)
(Councillor)
(Councillor)
Expenditure
Recommending officer
Authority (Indian Act Section)
Signature Approving officer • Approuve par
S,gna1ura INTER 80-005 e 2007-¢~1
(Councillor)
FOR DEPARTMENTAL USE ONLY Source of funds Expenditure Capital
Revenue
Oa1a
Oale
Recommending officer
(Councillor)
(Councillor)
(Councillor)
Authority (Indian Act Section)
Signature Approving officer
Signature
Source of funds Capital
Revenue
Oale
Date Canada
•••
Indian and Northern Affairs Canada
Affaires inaiennes et du Nord Canada
BAND COUNCIL RESOLUTION
Chronological no.
I 717 page 5 of 8
Fite reference no.
NOTE The words "from our Band Funds• "capital" or ·revenue•. whichever is the case. must appear in all resolutions requesting expenditures from Band Funds. Cash free balance
The council of the Kebaowek First Nation Date of duty convened meeung (YYYY-MM-00) 2021-12-20 DO HEREBY RESOLVE· i. Proof of Vaccination
Province Quebec
Capital account
Revenue account
$
$
a) On or before December 1, 2021, all employees of the Employer must provide:
I. proof of COVID-19 vaccine administration as per the following requirements: i. if the employee has received the first dose of a two-dose vaccine series approved by Health Canada, proof that the first dose was administered and, as soon as reasonably possible, proof of the administration of the second dose; or ii. proof of all required doses of a COVID-19 vaccine approved by Health Canada (i.e., proof that the employee is fully vaccinated); or
2. written proof of a medical reason, provided by a physician that sets out: i. a documented medical reason that the employee cannot be vaccinated against COVJ D· t 9; and ii. the effective time-period for the medical reason (i.e. permanent or time-limited).
3. written proof provided by a religious leader, outlining the reason(s) related to religion that preclude the employee from being vaccinated against COVID-t 9.
b) Proof that an employee is fully vaccinated must be provided to their manager in the form of the electronic or paper receipt provided to the employee at the time of vaccination. An employee who has not provided proof satisfactory to the Employer that they are fully vaccinated is considered to be "not fully vaccina1ed" for the purposes of this Policy.
Quorum
3
(Councillor)
(Councdlor)
(Councillor)
Expenditure
Recommending officer
Authority (Indian Act Section)
S111™1ture Approving officer - Approuve par
5,gnalute INTER 80-oos E 2007-03-01
FOR DEPARTMENTAL USE ONLY Source of funds Expenditure Capital
Revenue
Recommending officer
(Councillor)
(Councillor)
(Councillor)
Authority (Indian Act Section)
Si(:Jlature Approving officer
s,gnatunl"
Source of funds Capital
Revenue
Date Canada
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Indian and Nontlem Affairs Canada
Affaires indiennes et du Nord Canada
BAND COUNCIL RESOLUTION
Chronological no.
171 7 page 6 of 8 File reference no.
NOTE: The words "from our Band Funds• "capital" or "revenue•. whichever is the case, must appear in all resolutions requesting expenditures from Band Funds. Cash free balance
The council of the Kebaowek First Nation
Date of duly convened meeting (YYYY-MM•DO) 2021-12-20 DO HEREBY RESOLVE: ii. Accommodation
Province Quebec
Capital account
Revenue account
$
S
a} The Employer will assess any request for accommodation related to this Po1icy in accordance with its obligations pursuant to the CHRA. The Employer reserves the right to request such information as it deems necessary for such purposes. Accommodation requests will be assessed on a case-by-case basis.
b) Employees requesting accommodation in relation to this Policy must:
a. Disclose to their Manager-Supervisor their need for accommodation; b. Provide the required supporting information/documentation to substantiate the reason(s) that they are unable to receive a COVID-19 vaccine; and c. Cooperate and participate in the Employer' s effons to accommodate, including by accepting reasonable accommodation.
c) Any information or documentation provided in the course of the accommodation process be held in the strictest confidence, to be shared only on a "need to know" basis to facilicate the accommodation process.
iii . Privacy and Confidentiality
a) The Employer shall ensure that all infonnation collected pursuant to this Policy is used only for the purposes of this Policy, shared on a need-to-know basis only, stored securely, and securely deleted when no longer required. Information gathered will be dealt with in accordance with the Employer' s Privacy Policy.
Quorum
3
(Councilb")
(Councillor) (Councillor)
Expenditure
Recommending officer
Authority (Indian Act Section)
Signature Approving officer - Approuve par
Sign&luAI INTER 80-005 E 2007-0l-Ol
~ (Councillor)
FOR DEPARTMENTAL USE ONLY Source of funds Expenditure Capital
Revenue
Date
Date
Recommending officer
Approving officer
(Councillor)
(Councillor)
(Councillor)
Authority (Indian Act Section)
Signature
Signalurv
Source of funds Capital
Revenue
Dale
Dale Canada
•••
Indian and Northern AJfaltS Canada
r
A•a1res ndieMes et du Nord Canada
BAND COUNCIL RESOLUTION
Chronological no.
1717 page 7 of 8
File reference no.
NOTE: The words "from our Band Funds" "capital" or •revenue·. whichever Is the case, must appear in all resolutions requesting expenditures from Band Funds. Cash free balance
The council of the Kebaowek First Nation
Date of duly convened meeting (YYYY-MM-DO) 2021-12-20 DO HEREBY RESOLVE: iv. Protective Measures
Province Quebec
Capital account
Revenue account
$
$
a) Employees must at all times continue to adhere to the infection prevention and control measures put in place in response to the COVID-19 pandemic, which include, but are not limited to, the following:
I . Enhanced hand hygiene, including washing one' s hands with soap and water for at least 20 seconds ( or using alcohol-based hand sanitizer if soap and water are not available) often throughout the day while at work;
2. Av oiding touching one' s eyes, nose or mouth while at work, unless one has just washed one' s hands~
3. Maintaining a distance of at least one metre from others while at work. even when a face mask is worn; 4. Wearing a face mask in any area where one might encounter another individual while at work (unless they are unable to do so for a medical reason or other reason protected by the CHRA, in which case accommodation must be requested in accordance with this Policy);
5. Completing a COVID-19 self-screening daily prior to commencing work;
6. Self-monitoring, and reporting exposures to. symptoms of, or a positive test result for COVID-19 to one' s supervisor; and
7. following all relevant public health guidance relating to quarantining.self-isolation and staying home when sick.
Quorum
3
(Councillor)
(Councillor) (Councillor)
Expenditure
Recommending officer
Authority (Indian Act Section)
Approving offlcef - Approuve par
S,gnalUnt INTER 80-005 E 2007-03-01
(Council
~ (Councillor)
FOR DEPARTMENTAL USE ONLY Source of funds Expenditure Capital
Revenue
Oa1e
Recommending officer
(Councillor)
(Councillor)
(Councillor)
Authority (Indian Act Section)
Slgnatur• Approving officer
Signature
Source of funds Capital
Revenue
Dale Canada
•••
Indian and Norlhem Affairs Canada
r
Affaifes indiennes et du Nord canaaa
BAND COUNCIL RESOLUTION
Chronological no.
17 l 7 page 8 of 8
File reference no.
NOTE: The words "from our Band Funds" "capitar or "revenue·, whichever is the case, must appear in all resolutions requesting expenditures from Band Funds. Cash free balance
The council of the Kebaowek First Nation Date of duly convened meeting (YYYY-MM-0D) Province 2021-12-20 Quebec DO HEREBY RESOLVE 6. ADMINISTRATIVE and DISCIPLINARY MEASURES
Capital account
Revenue account
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S
a) Any employee, other than those with a valid exemption related to a protected ground under the CHRA, who is not fully vaccinated will be in breach of this Policy will be subject to administrative and/or disciplinary measures up to and including dismissal from employment.
b) Failure to be in compliance with this policy starting on December 1st, 2021, will result in the employee being pf aced on unpaid leave
c) Upon employees not being in compliance with this policy and being put on unpaid leave, the employee will have 60 days to become compliant with the policy. Failure to do so in 60 days, will result in the termination of the employee for failure to be in compliance with the policy.
7. REVIEW AND MODIFICATION OF POLICY
a) The Employer will review this Policy on a regular basis and reserves the right to modify its contents at any time, based on current available public health infonnation and recommendations, any further legislative amendments, and operational requirements.
b) KFN reserves the right to do more or different measures other than that of the provincial or federal public health departments to keep their employees and members safe.
Quorum
3 (Councillor)
(Councillor) (Councillor)
Expenditure
Recommending officer
Authority (Indian Act Secbon)
s111na1u,. Approvmg officer - Approuve par
Signature INTER 80-005 E 2007--03-01
fl,, :JP ~ (Councillor)
~~ (Councillor)
FOR DEPARTMENTAL USE ONLY Source of funds Expenditure Capital
Revenue
Date
Recommending officer
(Councillor)
(Councillor)
(Councillor)
Authority (Indian Act Section)
Signaiure Approving officer
s.rtture
Source of funds Capital
Revenue
Dale Canada
l♦I
lnd,an and Northern Affairs Canada
r
Affa,res 1ndiennes et du Nord Canada
BAND COUNCIL RESOLUTION
Chronological no.
l 71 7 page 8 of 8 File reference no.
NOTE: The words "from our Band Funds" ·capital. or ·revenue·. whichever is the case. must appear in all resOlutions requesting expenditures from Band Funds. cash free balance
The council of the Kebaowek First Nation Dale of duly convened meeting (YYYY-MM-OO) Province 2021-12-20 Quebec DO HEREBY RESOLVE: 6. ADMINISTRATIVE and DISCIPLINARY MEASURES
Capital account
Revenue account
$
$
a) Any employee, other than those with a valid exemption related to a protected ground under the CHRA, who is not fully vaccinated will be in breach of this Policy will be subject to administrative and/or disciplinary measures up to and including dismissal from employment. b) Failure to be in compliance with this policy starting on December 1st, 2021, will result in the employee being placed on unpaid leave c) Upon employees not being in compliance with this policy and being put on unpaid leave, the employee will have 60 days to become compliant with the policy. Failure to do so in 60 days, will result in the tennination of the employee for failure to be in compliance with the policy.
7. REVIEW AND MODIFICATION OF POLICY
a) The Employer will review this Policy on a regular basis and reserves the right to modify its contents at any time, based on current available public health information and recommendations, any further legislative amendments, and operational requirements. b) KFN reserves the right to do more or different measures other than that of the provincial or federal public health departments to keep their employees and members safe.
8. COMING INTO FORCE THIS POLICY IS HEREBY adopted at a duly convened meeting of the Council of Kebaowek First Nation.
Quorum
3
(Councillor)
(Councillor)
(Councillor)
Expenditure
Recommending officer
Authority (Indian Act Section)
Signature Approving officer - Approuve par
Segnill\lre INTER 80,005 E 2007-03-01
(Councillor)
~· (Councillor)
FOR DEPARTMENTAL use ONLy Source of funds Expenditure Capital
Revenue
Date
Oate
Recommending officer
Approving officer
(Councillor)
(Councillor)
(Councillor)
Authority (Indian Act Section)
Signature
S,gnacure
Source of funds Capital
Revenue
Dale
Date Canada