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Bill C-7

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Conflict with other laws

(3) In the event of a conflict between a law made under this section and an Act of Parliament, any regulations under this Act that are applicable to the band or any code adopted by the band, the Act, the regulations or the code prevails to the extent of the conflict.

Offences

Contravention of band laws

19. (1) A band law made under section 16 or 17 may provide that a contravention of any of its provisions constitutes an offence punishable on summary conviction by a fine not exceeding $10,000 or a term of imprisonment not exceeding three months, or by both.

Protection of environment

(2) Notwithstanding subsection (1), an offence for the contravention of any provision of a band law made under paragraph 16(1)(e) or 17(1)(a) or (b) may be made punishable by a fine not exceeding $300,000 or a term of imprisonment not exceeding six months, or by both.

Power to restrain

20. A band law may provide that, where an offence is committed against a band law, the court in which the conviction is entered and subsequently any other court of competent jurisdiction may make an order prohibiting the continuation or repetition of the offence by the person convicted, in addition to any penalty imposed under that law.

Notices of violation

21. (1) A peace officer or a band enforcement officer designated under section 23 who believes on reasonable grounds that an offence against a band law has been committed may issue to the accused a notice of violation requiring the accused to pay, at the offices of the band, a fine in an amount set out in the notice.

Contents of notice

(2) A notice of violation issued under subsection (1) shall specify

    (a) the charge against the accused;

    (b) the period within which and the manner by which payment may be made;

    (c) the address of the offices of the band at which payment may be made; and

    (d) the consequences of payment and of not making payment, including the issuance of a summons or other process.

Payment

(3) On payment of a fine within the period and in the manner set out in a notice of violation, no further action may be taken against the accused in respect of the offence.

Agreements with provincial authorities

(4) A band may enter into an agreement with a competent authority of the province in which the band's reserve is located regarding the use, for the purposes of this section, of a notice of violation referred to in subsection (1) or of any ticket or other writ or process for originating a proceeding established by or under the laws of the province, in which case the procedures applicable to proceeding by way of such a ticket, writ or process shall apply.

Disposition of fines and property

22. (1) Subject to any agreement entered into under subsection 21(4), any fine paid by a person convicted of an offence under a band law, and any property forfeited pursuant to such a conviction, shall be paid or transferred to the council of the band in whose reserve the offence was committed.

Not public moneys

(2) Any moneys paid pursuant to subsection (1) are deemed not to be public moneys for the purposes of the Financial Administration Act.

Inspection and Search

Designation of band enforcement officers

23. (1) The council of a band may employ any qualified person as a band enforcement officer for the purpose of conducting inspections and searches on reserve lands of the band , and shall furnish each officer with a certificate specifying the provisions of band laws made under sections 16 and 17 in respect of which the officer may conduct them .

Production of certificate

(2) When conducting an inspection or search of a place , a band enforcement officer shall, on request, produce the certificate to the person appearing to be in charge of the place.

Dismissal of band enforcement officers

24. A band enforcement officer may be dismissed only with the concurrence of the impartial person or body authorized by the band for the purposes of section 11.

Inspections by band enforcement officers

25. Where a band law for the regulation of an activity provides for the inspection of a place on reserve lands, a band enforcement officer may conduct an inspection of the place in accordance with the band law after advising the person appearing to be in charge of the place of the purpose of the inspection.

Search conducted with warrant

26. (1) Subject to section 27, a search for the purpose of enforcing a band law may be conducted only in accordance with a warrant issued under subsection (2).

Issuance of warrant on application

(2) A justice of the peace may issue a warrant authorizing a band enforcement officer or peace officer to conduct a search of a place on reserve lands , subject to any conditions that may be specified in the warrant, where on ex parte application the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in the place

    (a) any thing on or in respect of which an offence under a band law is being or has been committed; or

    (b) any thing that will afford evidence with respect to the commission of an offence under a band law.

Search without warrant

27. (1) Subject to subsection (2), a band enforcement officer or peace officer may conduct a search without a warrant for the purpose of enforcing a band law made under paragraph 16(1)(a), (l) or (n) or 17(1)(a) or (b) if the conditions for obtaining a warrant exist but the delay necessary to obtain a warrant would likely

    (a) entail a risk of imminent bodily harm or death to any person; or

    (b) cause the imminent loss or destruction of evidence relating to an offence under a band law.

Dwelling

(2) No search of a dwelling may be conducted without a warrant.

Use of force

28. (1) A band enforcement officer shall not use force in conducting an inspection or search.

Warrant authorizing force

(2) A peace officer may use force in conducting a search under a warrant if the use of force is specifically authorized in the warrant.

Operation of office equipment

29. A band enforcement officer may, where authorized by a band law providing for inspections or by a warrant issued for a search,

    (a) use any computer system at that place; and

    (b) use any copying or printing equipment at that place to copy or print any electronic data, books, records or other documents, and remove the copy or printout for examination.

Duty to assist with inspection or search

29.1 The owner of - or any person who is in possession or control of - a place that is inspected or searched shall give the band enforcement officer or peace officer any assistance or information required to enable the officer to conduct the inspection or search.

Seizure during inspection or search

29.2 (1) A band enforcement officer or peace officer may seize any thing found in the course of an inspection or search that the officer believes on reasonable grounds will afford evidence of the commission of an offence under the band law in respect of which the inspection or search is being conducted, and must provide a receipt for any thing seized to the owner or the person who is in possession of it.

Application of Criminal Code

(2) Sections 462.32 to 462.46 and 489.1 to 490.1 of the Criminal Code apply, with any modifications that are necessary, in respect of a thing seized under subsection (1).

PART 3

GENERAL

Registries of Codes and Laws

Band registry

30. (1) A band shall maintain at its principal administrative office a band registry containing its codes and all laws made by its council under this Act to which all persons have reasonable access during normal business hours.

National registry

(2) The Minister shall provide for the establishment of a national registry of codes and laws made under this Act to which all persons have reasonable access during normal business hours.

Deposit of codes and laws

(3) On the adoption of a code or the making of a law under this Act, the original shall be deposited in the band registry and the date of deposit endorsed on it, and a copy, certified to be a true copy by a person designated by the band, shall be delivered to the national registry within 14 days after the adoption of the code or making of the law.

Commenceme nt of code or law

(4) A code or a band law made under this Act comes into force at the beginning of the day following the day it is deposited in the band's registry, or at such later time as is specified in the code or law.

Certified copies made available

(5) At the request of any person and on payment of a nominal fee not to exceed the cost of copying , a band shall provide a copy of any code or law of the band certified to be a true copy by a person designated by the band.

Proof

(6) In the absence of evidence to the contrary, a certified copy of a code or band law is proof of the original deposited in the band registry and the date of its deposit, without proof of the signature or official character of the person appearing to have certified the copy.

Judicial notice

(7) In any proceedings, judicial notice may be taken of a code or band law made under this Act that has been deposited in the national registry and published by the registry in the manner prescribed by the regulations .

Statutory Instruments Act

(8) The Statutory Instruments Act does not apply in respect of codes and band laws made under this Act.

Failure to deposit

(9) No code or band law is invalid by reason only that it was not deposited in, or published by, the national registry.

Contravention of unpublished law

(10) A person may be convicted of an offence under a band law that at the time of the alleged offence was not deposited in the national registry or not published, if it is proved that reasonable steps had been taken to bring the band law to the notice of that person.

Regulations and Orders

Adoption of codes

31. The Governor in Council may make regulations respecting the adoption of a code by a band under section 4, including regulations establishing procedures for the holding of votes and regulations authorizing the council to appoint a person to oversee the conduct of voting .

Regulations applicable in absence of code

32. (1) The Governor in Council may make regulations providing for the matters with respect to which a code may be adopted under section 5, 6 or 7, other than paragraph 5(2)(b).

Elections of council members

(2) Regulations made under subsection (1) in respect of leadership selection may

    (a) provide for the appointment of a chief electoral officer and deputy electoral officers;

    (b) provide that appeals of elections of members of councils and applications to remove members from office shall be heard by a person designated by the Minister, where jurisdiction to hear such appeals or applications has not been conferred on a person or body by a band law referred to in subsection 11(1); and

    (c) authorize the person designated by the Minister to

      (i) require any person to attend for examination under oath,

      (ii) compel the production of documents, and

      (iii) dismiss an appeal or application without a hearing on grounds set out in the regulations.

Other regulations

33. The Governor in Council may make regulations

    (a) specifying, for the purposes of subsection 10(3),

      (i) powers that may be exercised in carrying out an assessment of a band's financial position, including the power to require that access be given to bank accounts, documents and computer files,

      (ii) what constitutes a deterioration of a band's financial health that compromises the delivery of essential programs and services, and

      (iii) remedial measures that may be required to be taken, including the imposition of a manager selected by the Minister to manage the financial affairs of the band, and the time limits within which those measures must be taken;

    (b) providing that the powers conferred by subsection 10(3) do not affect any right exercisable under a funding agreement with a band;

    (c) authorizing the Minister to withhold funds otherwise payable to a band until remedial measures have been taken;

    (d) specifying the circumstances under which the council of a band may withhold amounts under section 13, the maximum amounts that may be withheld and the procedure to be followed in doing so;

    (e) respecting the disposal, burning or processing of waste or other noxious substances on reserve lands, including regulations

      (i) authorizing the Minister to issue a permit to do so, subject to any conditions that may be specified in the permit,

      (ii) defining ``waste'' and ``noxious substance'', and

      (iii) providing that a contravention of the regulations constitutes an offence punishable on summary conviction by a fine not exceeding $300,000 or a term of imprisonment not exceeding six months, or by both; and

    (f) establishing procedures for the submission of codes and band laws to, and for the operation of, the national registry referred to in subsection 30(2).

Pending self-governme nt agreements

34. (1) The Governor in Council may, by order made during the period of three years beginning on the coming into force of section 4, exempt any band from the application of this Act or any of its provisions for a period specified in the order to facilitate the negotiation or ratification of a final agreement on self-government.

Application of Indian Act

(2) An order exempting a band under subsection (1) shall provide that the provisions of the Indian Act repealed or amended by this Act that are specified in the order continue to apply to the band, during the period of exemption, as if those provisions had not been repealed or amended.

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