Bill C-79
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34. Section 86 of the Act shall be read as
follows:
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| Defect in
form
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``86. (1) No by-law made by the council of
a band under this Act is invalid only by reason
of a defect in form.
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| Proof
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(2) A copy of a by-law made by the council
of a band under this Act purporting to be
certified as a true copy by a designated officer
of the Department or a person designated for
that purpose by the council of the band is,
without proof of the signature or official
character of the officer or person, evidence
that the by-law was duly made and that all
conditions precedent to its coming into force
have been satisfied.''
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35. The Act shall be read as not including
subsections 90(2) and (3).
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36. (1) The portion of subsection 91(1) of
the Act before paragraph (a) shall be read as
follows:
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| Certain
property on a
reserve may
not be
acquired
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``91. (1) Subject to subsection (2), no person
may acquire title to any of the following
property situated on a reserve, namely,''
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(2) Subsections 91(2) to (4) of the Act shall
be read as follows:
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| Exception
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``(2) Subsection (1) does not apply to goods
that are manufactured for sale or if the sale of
the property is 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 that
purpose.
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| Removal,
destruction,
etc.
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(3) No person shall remove, deface or
destroy any property referred to in subsection
(1) without the written consent of the council
of the band.
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| Punishment
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(4) A person who contravenes this section is
guilty of an offence and liable on summary
conviction to a fine not exceeding the greater
of $5,000 and twice the value of the property
in respect of which the offence is committed,
to imprisonment for a term not exceeding
three months, or to both.''
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37. The Act shall be read as not including
sections 92 and 93.
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38. The maximum fine referred to in section
102 of the Act shall be read as $5,000.
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39. Section 103 of the Act shall be read as
follows:
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| Search by
peace officer
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``103. (1) Under the authority of a warrant
obtained under subsection (3), a peace officer
who believes on reasonable grounds that an
offence under regulations made under section
57 or a by-law made under section 85.1 has
been committed may
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| Search by
by-law
enforcement
officer
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(2) Under the authority of a warrant ob
tained under subsection (3), a by-law enforce
ment officer appointed by a band under
subparagraph 81(1)(q)(i) who believes on
reasonable grounds that an offence against a
by-law made under any of paragraphs 81(1)(o)
to (o.2) has been committed may
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| Warrant
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(3) Where on an ex parte application a
justice of the peace is satisfied, by information
given under oath, that the conditions de
scribed in subsection (1) or (2) exist, the
justice may issue a warrant authorizing a
peace officer to enter and search any place or
vehicle, or a by-law enforcement officer to
enter and search any place or vehicle on a
reserve, and to seize anything referred to in
that subsection, subject to any conditions set
out in the warrant.
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| Search
without a
warrant
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(4) A peace officer or a by-law enforcement
officer appointed by a band under subpara
graph 81(1)(q)(i) may without a warrant
exercise the powers referred to in subsection
(1) or (2), as the case may be, where the
conditions described in that subsection exist
but the urgency of the situation renders it
impracticable to obtain a warrant.
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| Detention
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(5) Anything seized under this section may
be detained for a period of three months
following the day of the seizure unless during
that period proceedings are undertaken under
this Act in respect of the offence, in which case
the detention may continue until the proceed
ings are concluded.
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| Forfeiture
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(6) Where a person is convicted of an
offence referred to in subsection (1) or (2), in
addition to any penalty imposed, the convict
ing court or judge may order the forfeiture of
anything by means of or in relation to which
the offence was committed.''
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40. The Act shall be read as including the
following after section 103:
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| Offence
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``103.1 (1) A by-law enforcement officer
appointed by a band under subparagraph
81(1)(q)(i) or 85.1(1)(e)(i) who believes on
reasonable grounds that an offence against a
by-law designated under subparagraph
81(1)(q)(ii) or 85.1(1)(e)(ii), as the case may
be, 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.
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| Content of
notice
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(2) A notice of violation issued under
subsection (1) shall include a brief description
of
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| Payment
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(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.
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| Agreements
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(4) Notwithstanding this Act, a band may
enter into an agreement with a competent
authority of the province in which the reserve
is situated regarding the use, for the purposes
of this section, of a notice of violation referred
to in subsection (1) or any ticket or other writ
or process for originating a proceeding estab
lished by that authority, in which case the
procedures applicable to proceeding by way
of such a ticket, writ or process shall apply.''
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41. Section 104 of the Act shall be read as
follows:
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| Disposition of
fines and
confiscated
goods
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``104. (1) Subject to any agreement entered
into under subsection 103.1(4), every fine or
penalty paid by a person convicted of an
offence under this Act, the regulations or a
by-law of a band, and any goods forfeited
pursuant to such a conviction, shall be paid or
transferred to the council of the band of the
reserve in which the offence was committed,
for the use and benefit of the band.
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| Not public
moneys
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(2) Any moneys paid pursuant to subsection
(1) are deemed not to be public moneys for the
purposes of the Financial Administration
Act.''
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42. Subsection 114(1) of the Act shall be
read as follows:
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| Agreements
with
provinces, etc.
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``114. (1) The Minister may enter into
agreements on behalf of Her Majesty for the
education in accordance with this Act of
Indian children with
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TRANSITIONAL |
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| Regulations
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43. For greater certainty, regulations
made under section 57 of the Indian Act, as
they read unmodified by the operation of
this Act, continue to apply to a band after
the application of that Act to the band is
modified pursuant to this Act, and are
deemed to have been made in accordance
with that section, read as provided in
section 19, in so far as those regulations are
not inconsistent with that section, until such
time as those regulations are repealed or
new regulations are made pursuant to that
Act as modified.
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| Provisions
relating to
elections
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44. Any band referred to in the Indian
Bands Council Method of Election Regula
tions, as those Regulations read immediate
ly before the application of the Indian Act to
the band is modified pursuant to this Act,
shall continue to elect its chief and council
lors in the manner set out in those Regula
tions until such time as a change is made
under subsection 74.2(1) of that Act, read as
provided in section 25, or until a request is
made under section 80.1 of that Act, read as
provided in section 30.
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| Continuance
of council
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45. A council of a band selected in
accordance with the Indian Act, that is in
office immediately before the application of
that Act to the band is modified pursuant to
this Act, continues in office as such until the
expiration of its term of office in accor
dance with subsection 78(1) of that Act, as
it reads unmodified by the operation of this
Act.
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