(iv) the requirement of security deposits,

      (v) conditions and rights of access to mines and processing facilities,

      (vi) forest regeneration after timber cut ting operations, and

      (vii) the rehabilitation of mine sites and processing facilities and ongoing mea sures to be taken after the abandonment of a mine;

    (f) prescribing penalties for breach of the terms and conditions of a licence or lease granted under regulations made under para graph (b) or (d), including

      (i) cancellation or suspension of the licence or lease,

      (ii) monetary penalties for the cutting of timber or the mining of minerals in excess of the quantity permitted under the licence or lease, in an amount not exceeding the greater of $5,000 and twice the stumpage of the timber cut or royalty value of the minerals mined,

      (iii) monetary penalties for a breach necessitating environmental remedi ation, forest regeneration, the rehabilita tion of a mine site or the taking of ongoing measures after the abandonment of a mine, in an amount not exceeding the greater of $5,000 and twice the estimated cost of the environmental remediation, forest regeneration, rehabilitation or on going measures,

      (iv) the forfeiture of security deposits, and

      (v) the seizure and forfeiture of equip ment, buildings, minerals or timber left in the licence or lease area after the expiration of the licence or lease;

    (g) establishing mechanisms for resolving disputes regarding rights and obligations under licences or leases granted under regulations made under paragraph (b) or (d); and

    (h) constituting the contravention of any regulation made under this section as an offence punishable on summary convic tion.''

20. (1) The Act shall be read as not including paragraph 58(1)(a).

(2) Subsections 58(3) and (4) of the Act shall be read as follows:

Lease at request of occupant

``(3) The Minister may, without a designa tion, on the application of a member of a band who has been allotted possession of land in a reserve under subsection 20(1) or to whom possession of such land has subsequently been transferred, lease the land for the benefit of the member to

    (a) that member;

    (b) another member of the band; or

    (c) any other person.

Leases for non-metallic minerals

(4) Notwithstanding anything in this Act, the Minister may, without an absolute surren der or a designation but with the consent of the council of the band, grant leases for activities related to the exploration for, and the develop ment, mining, processing and disposition of, non-metallic minerals on or underlying lands in a reserve.''

21. Section 60 of the Act shall be read as follows:

Control over lands

``60. (1) The Minister may, at the request of the council of a band assented to, by secret ballot, by a majority of the electors of the band who are present at a meeting of the band called for the purpose, by order, subject to such conditions as are set out in the order, authorize the council to exercise any of the powers of the Minister under this Act to manage or carry out any transaction affecting lands in the reserve.

Withdrawal

(2) The Minister may at any time withdraw an authorization conferred under subsection (1).''

22. The Act shall be read as not including sections 70 and 71.

23. Subsection 73(2) of the Act shall be read as follows:

Regulations constituting offences

``(2) In regulations made under subsection (1), the contravention of the regulations may be made an offence punishable on summary conviction.''

24. Section 74 of the Act shall be read as follows:

Composition of council

``74. (1) The council of a band to be selected by elections held in accordance with this Act shall consist of one chief and, unless otherwise indicated in a request under subsection 74.1(1), one councillor for every one hundred members of the band, but in no case shall the number of councillors be less than two or more than twelve.

Election of chief

(2) The chief of a band to be selected by elections held in accordance with this Act shall be elected

    (a) by a majority of the votes of the electors of the band; or

    (b) from among the elected councillors of the band by a majority of the votes of those councillors, in which case the chief shall remain a councillor of the band.

Election of councillors

(3) A councillor of a band to be selected by elections held in accordance with this Act shall be elected by a majority of the votes of the electors of the band or, where a reserve is divided into electoral sections, by a majority of the votes of the electors of the band residing in the electoral section for which the council lor was nominated.

Electoral sections

(4) Electoral sections of a band shall, as nearly as possible, comprise an equal number of electors and shall not exceed six in number.''

25. The Act shall be read as including the following after section 74:

Ministerial Order

``74.1 (1) The Minister shall, at the request of a band, by order, declare that, after a day specified in the order, the council of the band shall be selected by elections to be held in accordance with this Act.

Request

(2) A request under subsection (1) shall be accompanied by evidence of a level of support of the members of the band satisfactory to the Minister and shall indicate

    (a) the number of councillors to be elected;

    (b) by which of the manners referred to in subsection 74(2) the chief will be elected; and

    (c) the number, and a description, of any electoral sections in the reserve.

Variance

74.2 (1) A band whose chief and council are selected by elections to be held in accordance with this Act may

    (a) vary the number of councillors, subject to the limits set out in subsection 74(1);

    (b) select an alternate manner of election of the chief referred to in subsection 74(2); or

    (c) divide the reserve into electoral sections or vary the number or description of electoral sections, subject to the limits set out in subsection 74(4).

Notification of Minister

(2) A band shall notify the Minister of a change made under subsection (1), and pro vide the Minister with evidence of a level of support of the members of the band satisfacto ry to the Minister, at least five days before the change takes effect.''

26. Subsection 75(1) of the Act shall be read as follows:

Eligibility

``75. (1) No person other than an elector of the band may be nominated for the office of chief or councillor and, where the reserve is divided into electoral sections, no person other than an elector who resides in an electoral section may be nominated for the office of councillor to represent that section on the council of the band.''

27. In section 77 of the French version of the Act, the word ``section'' shall be read as the word ``circonscription''.

28. (1) Subsection 78(1) of the Act shall be read as follows:

Tenure of office

``78. (1) Subject to subsection (2), the chief and councillors of a band hold office for three years.''

(2) The Act shall be read as not including subsection 78(3).

29. The portion of section 79 of the Act before paragraph (a) shall be read as follows:

Minister may set aside election

``79. The Minister may set aside the elec tion of a chief or councillor of a band if the Minister is satisfied that''

30. The Act shall be read as including the following after section 80:

Ministerial Order

``80.1 The Minister shall, at the request of a band and on receipt of evidence of a level of support of its members satisfactory to the Minister and an electoral code satisfactory to the Minister, by order, declare that, after a day specified in the order, the council of the band shall cease to be selected by elections to be held in accordance with this Act.

Relief from liability

80.2 Her Majesty is relieved of any liability in respect of the application, or ceasing of application, of the provisions of this Act respecting election of the chief or council of a band or any variance made, or purported to be made, pursuant to section 74.2.''

31. (1) Subsection 81(1) of the Act shall be read as including the following after para graph (h):

    ``(h.1) the regulation of residential tenan cies on reserve lands, other than tenancies under leases granted by Her Majesty, in cluding

      (i) the form of lease to be used,

      (ii) the equitable allocation of band- owned housing, and

      (iii) eviction of tenants;''

(2) Subsection 81(1) of the Act shall be read as including the following after paragraph (o):

    ``(o.1) the regulation of

      (i) the cutting of timber by a member of the band for personal use on the reserve, and

      (ii) the use and disposition of other natural resources, other than minerals, oil and gas, on lands in the reserve, including water the right to use of which is associated with ownership of those lands;

    (o.2) the preservation of forest resources and forest fire prevention;''

(3) Subsection 81(1) of the Act shall be read as including the following after paragraph (p.4):

    ``(p.5) to regulate the financial administra tion of the band and the accountability of the chief and councillors of the band to the members of the band;''

(4) Paragraphs 81(1)(q) and (r) of the Act shall be read as follows:

    ``(q) with respect to any matter arising out of, or ancillary to, the exercise of powers under this section, including

      (i) the appointment, individually or by class, of by-law enforcement officers,

      (ii) the designation of by-laws in respect of which powers conferred under section 103.1 may be exercised, and

      (iii) the fixing of the amounts of fines for the purposes of section 103.1; and

    (r) to constitute the contravention of any by-law made under this subsection as an offence punishable on summary conviction and for the imposition, on summary convic tion,

      (i) for the commission of an offence under a by-law made under paragraph (o.1), of a fine not exceeding $5,000 or twice the value of the resource involved, whichever is the greater, imprisonment for a term not exceeding three months, or both, and

      (ii) for the commission of an offence under any other by-law, of a fine not exceeding $5,000, imprisonment for a term not exceeding 30 days, or both.''

(5) Section 81 of the Act shall be read as including the following after subsection (1):

Certificate

``(1.1) A band appointing a by-law enforce ment officer under subparagraph (1)(q)(i) shall provide the officer with a certificate of appointment, which the officer shall present on demand.''

(6) Subsection 81(2) of the Act shall be read as follows:

Court orders

``(2) Where a by-law of a band is contra vened and a conviction is entered, in addition to any other remedy or penalty imposed by the by-law, the court in which the conviction has been entered and thereafter any other court of competent jurisdiction may make an order

    (a) prohibiting the continuation or repeti tion of the offence by the convicted person;

    (b) revoking or suspending any permit or other document issued under the by-law in respect of which the contravention was committed;

    (c) requiring the taking of any environmen tal remediation measures required as a result of the contravention and of any measures necessary to avoid further envi ronmental damage, or reimbursement of the cost of any such measures;

    (d) requiring the demolition of any structure erected in contravention of the by-law; or

    (e) requiring the quarantine or destruction of any animal in respect of which the contravention was committed.''

32. Section 83 of the Act shall be read as including the following after subsection (1):

Contraven-
tions and penalties

``(1.1) A by-law made under subsection (1) may constitute the contravention of the by- law as an offence punishable on summary conviction and provide for the imposition, for the commission of such an offence, on sum mary conviction, of a fine not exceeding $5,000, imprisonment for a term not exceed ing 30 days, or both.''

33. (1) Subsection 85.1(1) of the Act shall be read as including the following after paragraph (d):

    ``(e) with respect to any matter arising out of, or ancillary to, the exercise of powers under this section, including

      (i) the appointment, individually or by class, of by-law enforcement officers,

      (ii) the designation of by-laws in respect of which powers conferred under section 103.1 may be exercised, and

      (iii) the fixing of the amounts of fines for the purposes of section 103.1.''

(2) Section 85.1 of the Act shall be read as including the following after subsection (1):

Certificate

``(1.1) A band appointing a by-law enforce ment officer under subparagraph (1)(e)(i) shall provide the officer with a certificate of appointment, which the officer shall present on demand.''

(3) Subsection 85.1(2) shall be read as follows:

Consent of electors

``(2) A by-law may not be made under this section unless it is first assented to by a majority of the electors of the band who voted at a meeting of the band called by the council of the band for that purpose.''

(4) The maximum fine referred to in paragraph 85.1(4)(a) of the Act shall be read as $5,000 and the maximum fine referred to in paragraph 85.1(4) (b) of the Act shall be read as $500.