SCHEDULE 9

SCHEDULE 9
GOVERNMENT OF THE LUBICON NATION

Part 1. SUMMATION

1.1 The Government of the Lubicon Nation consists of members, electors, Elders and a Governing Council. The Governing Council consists of the Chief and Council. Electors choose the Governing Council. Members eighteen years of age or older qualify as electors. The Governing Council develops policies and passes laws to facilitate accomplishment of Lubicon Government goals and objectives. The Chief represents the Government and is responsible for the implementation of Governing Council policies and laws.

Part 2. JURISDICTION

2.1 The Government of the Lubicon Nation shall have jurisdiction over the Lubicon People and all of their affairs of state and in respect of all matters affecting the Lubicon reserves.

2.2 All laws and regulations and all governmental action of the Government of the Lubicon Nation shall be consistent with the principles expressed in the Canadian Charter of Rights and Freedoms.

2.3 Subject to the Lubicon Land Settlement Agreement of {___ DATE TO BE INSERTED___}, in the case of conflict or inconsistency, laws enacted by the Government of the Lubicon Nation, including

.1 all laws of general application enacted to apply within Lubicon reserves;

.2 all laws enacted with respect to rights and interests in the lands, waters and resources of the Lubicons; and

.3 all laws enacted with respect to the administration, management and control of Lubicon reserves, including the lands, waters and resources of the Lubicons,

shall prevail over laws of Canada or Alberta.

2.4 This Self-Government Agreement is a treaty within the meaning of the constitution of Canada, including section 35 of the Constitution Act, 1982.

Part 3. GOVERNING COUNCIL

3.1 The Governing Council of the Government of the Lubicon Nation consists of one Chief, one Councillor for each one hundred members of the Lubicon Nation, and one Elder for each one hundred members of the Lubicon Nation.

3.2 The Governing Council has all power and authority exercised since time immemorial and as a matter of tradition, custom and law by the leadership of the Lubicon People.

3.3 Where authority is transferred from or delegated by another power or government to be exercised with respect to the Lubicons or Lubicon Nation, the Chief, Councillors and Governing Council are, for purposes of any such transferred or delegated authority, the chief, councillors and council of the Lubicon Nation, whether described as such, or as the Lubicon Lake Indian Band, the Lubicon Lake Band, the Lubicon Lake First Nation, the Lubicon Lake Nation, the Lubicon Nation or in other similar ways.

3.4 Authority to exercise the power of the Government of the Lubicon Nation is entrusted by the Lubicon People to the Governing Council:

.1 to be used only in ways that are consistent with the ways of the Lubicon People and beneficial to their interests;

.2 to protect and advance the ways of the Lubicon People, including their spirituality, heredity, culture, traditions, values and law;

.3 to preserve and promote the civic, social, cultural and economic welfare of the Lubicon People; and

.4 to preserve and promote the rights and interests of the Lubicon People including their rights and interests in their lands, waters and resources

and the Governing Council is to be guided in all things by these purposes, goals and objectives.

3.5 Apart from the Governing Council and its duly designated appointees, there are no other representatives of the Lubicons or Lubicon Nation.

Part 4. POWERS

4.1 The Government of the Lubicon Nation may, and shall have power and authority to, make laws for the good government and general welfare of the Lubicon Nation and People, including laws

.1 for the education, health and welfare of the Lubicons;

.2 for the administration and management of the affairs of the Lubicons;

.3 for the use, management and administration of the money, resources and other assets of the Lubicons;

.4 for wildlife management and environmental protection throughout the traditional lands of the Lubicons, including pollution control, water quality, the protection of historic and cultural sites, the preservation, protection and management of natural flora and fauna including fur-bearing animals, fish and other game and wildlife, the protection of wildlife breeding grounds and the regulation and administration of hunting, trapping and fishing;

.5 subject to the Lubicon Land Settlement Agreement of {___ DATE TO BE INSERTED___}, for the administration, development, management, regulation and control of the lands, waters and subsurface and all other resources of the Lubicons and Lubicon Nation, including land use planning for and development of reserve lands, planning for and development of resources located in, on and under reserve lands, granting of permits and licences pertaining to development of reserve lands and resources, granting of permits and licences pertaining to the development of resources located in, on and under reserve lands, allotment of reserve lands among members of the Lubicon Nation and the setting aside of reserve lands for common uses and purposes;

.6 for the maintenance of law and order within the Lubicon reserves, including

(a) criminal law and procedure adopted from the criminal law of Canada;

(b) civil law and procedure, including the establishment and operation of dispute resolution institutions and mechanisms; and

(c) the application and enforcement of Lubicon Governing Council legislation and regulations enacted pursuant to any of its powers, including providing for

(i) the definition and prevention of disorderly conduct and nuisances;

(ii) the regulation of the conduct and activities of hawkers, peddlers and others who enter Lubicon reserves to buy, sell or otherwise deal in wares, services or merchandise;

(iii) the removal and punishment of persons trespassing on lands within Lubicon reserves or frequenting such lands for prescribed purposes;

(iv) the discharge of firearms or any arms discharged by compressed gas or air or any other means;

(v) the keeping of domestic animals and pets;

(vi) curfews;

(vii) the sale, exchange and use of alcoholic beverages;

(viii) the possession or consumption of alcoholic beverages in public places;

(ix) control of public games, sports, races, athletic contests and other amusements and social events

and for the prosecution and punishment of convicted offenders;

.7 to promote and carry out community development, community improvement and charitable work within the Lubicon reserves;

.8 to establish and administer programs, projects and services on behalf of the Lubicons;

.9 to administer and furnish Indian and aboriginal programs and services of Canada and Alberta to the Lubicons;

.10 for the regulation of construction and buildings on reserve lands including the construction, maintenance, repair and demolition of buildings;

.11 with respect to health and hygiene including

(a) the prevention of overcrowding of residences;

(b) the establishment and maintenance of sanitary conditions with regard to public and private property;

(d) the construction and regulation of public wells, cisterns, reservoirs and other water supplies;

(e) the construction, operation and regulation of waste disposal systems, including the collection, removal and disposal of waste;

(f) the prevention and control of noxious weeds and insects;

(g) the regulation of bee-keeping and poultry-raising; and

(h) the establishment, maintenance and operation of cemeteries located on Lubicon reserve lands;

.12 for the establishment, maintenance and operation of local services including services relating to water, sewer, fire and police protection, health, education, welfare, recreation, cultural activities, roads, garbage removal and disposal, electrification, lighting, heating, power, transportation, communication and snow removal;

.13 for the construction, maintenance and regulation of water courses, bridges, ditches, fences and other public works and infrastructure;

.14 with respect to roads, traffic and transportation including:

(a) the maintenance, construction and operation of roads;

(b) the operation and speed of vehicles;

(d) the transportation of dangerous substances;

.15 with respect to the operation of businesses and the carrying on of trades; and

.16 with respect to parks and recreation.

4.2 The Government of the Lubicon Nation shall have control of the education, health and welfare of the Lubicons.

4.3 Indian and aboriginal programs and services of Canada and Alberta shall be furnished to the Lubicons through the Lubicon Nation.

Part 5. MONEYS

5.1 Subject to sub-section 5.4, the Government of the Lubicon Nation may make and enforce laws regarding taxation and the levying of user charges within Lubicon reserves, including assessments and the determination of tax and user charge rates, the collection of tax and user charges, and the contestation of tax and user charge assessments and rates.

5.2 Subject to sub-section 5.5, the Government of the Lubicon Nation may borrow money for the purpose of facilitating the accomplishment of Government purposes, goals and objectives, including meeting normal operating expenses, provided that each borrowing must be authorized by legislation specifying the purpose, amount, source of repayment, manner and terms of repayment and repayment date or dates.

5.3 The Government of the Lubicon Nation may make laws respecting procedures for the awarding of contracts, subject only to Lubicon Government conflict of interest provisions.

5.4 All laws regarding taxes and user charges are subject to the approval of the members at a special or general meeting of members at which at least thirty per cent of the qualified electors vote on the matter.

5.5 Any borrowing which is for some purpose other than facilitating the accomplishment of Lubicon Government goals and objectives, including meeting normal operating expenses or which will require longer than one year to repay, is subject to the approval of the members at a special or general meeting of members at which at least fifty per cent of the qualified electors vote on the matter.

5.6 Laws enacted by Lubicon Governing Council not requiring the approval of the members may themselves be phrased so as to provide that they will not come into force unless approved by the members at a special or general meeting of members at which a specified percentage of qualified electors vote on the matter.

5.7 The members shall at each annual meeting of the members appoint an auditor to audit the accounts of the Lubicon Government, to hold office until the next annual meeting, provided that the Lubicon Governing Council may fill an interim vacancy in the office of the auditor, and fix the remuneration of said interim auditor, until the time of the next annual meeting of members.

5.8 There shall be no per capita distributions of moneys received in respect of mines and minerals or land settlement compensation moneys. Moneys derived from these sources are to be held and managed by the Lubicon investment corporation subject to its objects and to the conditions and restrictions under which it operates.

5.9 Each expenditure of interest accruing from investment of moneys received in respect of mines and minerals or land settlement moneys must be authorized by a law enacted by Lubicon Council specifying the purpose, amount and effect of the expenditure upon the total of available interest moneys. Such laws are subject to the approval of the members at a special or general meeting of members, notice of which indicates the nature of the law being considered, at which meeting at least fifty per cent of the qualified electors vote on the matter.

Part 6. LEGISLATION OF THE GOVERNING COUNCIL

6.1 The original copy of any law enacted by the Governing Council must be signed and dated by the chairman of the Council meeting or meeting of members at which it was enacted and the Council secretary or such other person as might be designated to serve as secretary at such Council meeting or meeting of members.

6.2 Laws enacted by Council will come into force on the day they are enacted or on such later date as may be specified by the Council meeting or by the meeting of members enacting the law.

6.3 In cases where a law enacted by Council must be approved by the members at a special or general meeting of members, a notice that the law is to be considered along with the wording of the law shall be included on the notice of the meeting of members at which the law is to be considered. Such laws will come into force on the day they are approved by the members or on such later date as the meeting of members enacting the law may specify.

6.4 All newly enacted Council laws will be posted on the wall of the central administration office of the Lubicon Nation at a point reserved for the posting of public notices within one week after the law has been adopted by the Council, or, in the case of laws requiring approval of the members, within one week after the law has been approved by the members.

6.5 The secretary of the Council shall maintain a register of laws enacted by Council in which shall be kept the original copy of all laws adopted by the Council, including those laws which require and receive approval of the members, and including those laws which have been amended or repealed. Laws which have the effect of amending or repealing earlier laws shall contain a notation referring to the law being amended or repealed. In addition, a notation referring to the amending or repealing law shall be made next to the recording of the law being amended or repealed.

Part 7. MEMBERSHIP

7.1 The Membership Code of the Lubicon Nation was considered and ratified at a duly called general meeting of the Lubicons held on March 19, 1986 and further considered, amended and ratified at duly called general meetings held January 4, 1989 and October 16, 1989.

7.2 The initial membership list of the Lubicon Nation was prepared by the duly elected Chief and Council of the Lubicon Nation in consultation with the Board of Directors of the Cree Development Corporation. This initial membership list of the Lubicon Nation was considered and ratified at a duly called general meeting of the Lubicons held on February 25 and 26, 1986.

7.3 Criteria employed in preparing the initial membership list of the Lubicon Nation are known aboriginal ancestry, family ties to other members of the Lubicon Nation and historic ties to the traditional Lubicon territory. Persons meeting these criteria were entitled to be enrolled on the initial membership list of the Lubicon Nation, excepting only those who expressly declined to be so enrolled.

7.4 Excepting only those who expressly declined to be enrolled, persons qualified to be enrolled under sub-sections 7.2 and 7.3 were so enrolled, and, unless otherwise provided by the membership code of the Lubicon Nation, are members of the Lubicon Nation. Persons otherwise qualified for enrollment on the initial membership list of the Lubicon Nation but who expressly declined to be enrolled were not enrolled and shall not be members of the Lubicon Nation.

7.5 Criteria to be employed in adding people to or deleting them from the initial membership list of the Lubicon Nation are as follows:

.1 persons eligible for enrollment as members of the Lubicon Nation following establishment of the initial membership list of the Lubicon Nation must qualify under the criteria established in sub-section 7.3 and be ordinarily resident in the traditional Lubicon territory as of January 4, 1989;

.2 persons enrolled as members on the Lubicon Nation membership list but who choose instead to become a member of either another Indian Nation or "Band" under the Indian Act shall be removed from the membership list of the Lubicon Nation and shall not be members of the Lubicon Nation;

.3 persons entitled to be added to the membership list of the Lubicon Nation but who choose instead to become a member of either another Indian Nation or "Band" under the Indian Act shall not be added to the membership list of the Lubicon Nation and shall not be members of the Lubicon Nation;

.4 persons qualifying under sub-section 7.3, but not ordinarily resident in the traditional Lubicon territory may be enrolled as members of the Lubicon Nation after January 4, 1989, for reasons of community or family harmony, as determined by the majority of qualified Lubicon electors in attendance at an open general meeting, notice of which has been posted on the wall of the central administrative office of the Lubicon Nation at a point reserved for the posting of public notices not less than twenty clear days before the day on which said meeting is to be held;

.5 the child of two members is entitled to be enrolled as a member;

.6 the child of a member and a non-member is entitled to be enrolled as a member;

.7 the child of a person described by sub-section 7.5.6 and a non-member will not be entitled to membership but will be entitled to live on reserve and benefit from on-reserve programs and services.

7.6 A person whose claim to membership is in dispute is entitled to be heard by the elected Chief and Council of the Lubicon Nation within thirty days of requesting such a hearing. If after being heard by the elected Chief and Council of the Lubicon Nation, that person is still not satisfied with the determination of his or her status, he or she is entitled to be heard by the qualified electors of the Lubicon Nation in attendance at an open general meeting, notice of which has been posted on the wall of the central administrative office of the Lubicon Nation at a point reserved for the posting of public notices not less than twenty clear days before the day on which the meeting is to be held. When a person’s status is determined by the qualified electors of the Lubicon Nation in attendance at such an open general meeting, the decision of the majority of qualified Lubicon electors shall be final.

7.7 A non-member whom the Government of Canada recognizes to be entitled to status as an Indian may apply to the Lubicon Nation for membership, and, with the consent of a majority of qualified Lubicon electors in attendance at an open general meeting, notice of which has been posted on the wall of the central administrative office of the Lubicon Nation at a point reserved for the posting of public notices not less than twenty clear days before the day on which the meeting is to be held, such a person may be accepted as a full member of the Lubicon Nation, with all the rights and benefits accruing thereto.

Part 8. ELECTIONS

8.1 The Chief, Councillors and Elders must each be a member of the Lubicon Nation ordinarily resident on the traditional lands of the Lubicons. The Chief and Councillors shall be at least twenty-five years of age.

8.2 A member of the Lubicon Nation who is eighteen years of age or older and who is ordinarily resident on the traditional lands of the Lubicon is qualified to vote in elections for Chief and Councillors.

8.3 No person shall be a candidate for election as Chief or Councillor unless that person’s nomination is moved and seconded by persons qualified to vote in elections for Chief and Councillors. Such nomination shall be made only at a duly called meeting of qualified electors, notice of which has been posted on the wall of the central administration office of the Lubicon Nation at a point reserved for the posting of public notices not less than twenty clear days before the day on which the nomination meeting is to be held.

8.4 Election of Chief and Councillors shall be decided by simple majority vote of qualified electors at a duly called meeting of qualified electors, notice of which has been posted on the wall of the central administration office of the Lubicon Nation at a point reserved for the posting of public notices not less than twenty clear days before the day on which the election meeting is to be held. Elections shall be decided by a show of hands unless a poll is required or demanded, either by the chairman of the meeting or by any ten qualified electors. A poll so required or demanded shall be taken in a manner directed by the chairman; each qualified elector shall be entitled to one vote; and the result of the poll shall be the decision of the members.

8.5 Persons elected Chief shall serve terms of five years. The person receiving the greatest number of votes for Councillor at the first election held under this code shall serve an initial term of three years, and persons elected to fill that position in subsequent elections shall serve two year terms. The person receiving the second greatest number of votes for Councillor at the first election held under this code shall serve a two year term, as shall people elected to fill that position in subsequent elections. The person receiving the third greatest number of votes in the first election held under this code shall serve an initial term of three years, and persons elected to fill that position in subsequent elections shall serve two year terms. The person receiving the fourth greatest number of votes for Councillor at the first election held under this code shall serve a two year term, as shall people elected to fill that position in subsequent elections. Any additional Councillor positions added to the Governing Council in subsequent years as a result of population increases shall commence their terms in alternating years in such a way so as to maintain an approximate balance between the number of Councillors whose terms conclude in each succeeding year.

8.6 A Chief or Councillor may retire from office upon giving one month’s notice in writing to the secretary of the Governing Council. Such resignation shall take effect upon the expiration of such notice or its earlier acceptance. A vacancy so occurring shall be filled within a period of ninety days at a duly called meeting of qualified electors, notice of which has been posted on the wall of the central administration office of the Lubicon Nation at a point reserved for the posting of public notices not less than twenty clear days before the day on which the meeting is to be held. Nomination and election of persons to fill such vacancies shall follow the same procedure as prescribed for the filling of these positions under normal circumstances, and persons elected to fill such vacancies will complete the term of the person being replaced.

8.7 A Chief or Councillor may be removed from office at a duly called meeting of qualified electors, held in response to a petition requesting that such a meeting be held which is signed by a majority of qualified electors, notice of which has been posted on the wall of the central administration office of the Lubicon Nation at a point reserved for the posting of public notices not less than twenty clear days before the day on which that meeting is to be held, at which meeting two-thirds of the duly qualified electors support a properly moved and seconded motion to remove. A vacancy so occurring shall be filled within a period of ninety days at a duly called meeting of qualified electors, notice of which has been posted on the wall of the central administration office of the Lubicon Nation at a point reserved for the posting of public notices not less than twenty clear days before the day on which that meeting is to be held. Nomination and election of persons to fill such vacancies shall follow the same procedure as prescribed for the filling of these positions under normal circumstances, and a person elected to fill a vacancy so occurring will complete the term of the person being replaced.

8.8 Vacancies in the position of Chief or Councillor occurring for whatever reason shall be filled within a period of ninety days at a duly called meeting of qualified electors, notice of which has been posted on the wall of the central administration office of the Lubicon Nation at a point reserved for the posting of public notices not less than twenty clear days before the day on which that meeting is to be held. Nomination and election of persons to fill such vacancies shall follow the same procedure as prescribed for the filling of these positions under normal circumstances, and persons elected to fill such vacancies will complete the term of the person being replaced.

8.9 Should the elected Chief retire, be removed or vacate the position of Chief for any reason, the first vice-chairman of the Governing Council shall serve as Chief until such time as a new Chief is elected. Should for any reason the first vice-chairman of the governing Council be unable to serve as Chief, the second vice-chairman of the Governing Council shall serve as Chief until such time as a new Chief is elected. Should for any reason neither the first nor the second vice-chairman of the Governing Council be able to serve as Chief, a special meeting of the members will be called at once to nominate and elect a new Chief, notice of which meeting shall be posted on the wall of the central administration office of the Lubicon Nation at a point reserved for the posting of public notices not less than twenty clear days before the day on which the meeting is to be held. A new Chief so elected at a special meeting of members shall serve a full five year term.

8.10 Elders will initially be nominated and elected in the same manner as Chief and Councillors. Thereafter Council Elders will themselves be responsible for deciding any questions involving removal of Council Elders, replacing of Council Elders, adding of Council Elders as the result of population increases or the filling of any vacancies among Council Elders occurring for whatever reason.

9. MEETINGS OF COUNCIL

9.1 Meetings of the Governing Council shall be held from time to time at the call of the Chief or any four Council members. Notice of the time and place of each meeting shall be given each Council member at least five clear days before the meeting is to be held, save that no notice of a meeting shall be necessary if all Council members are present or if those absent waive notice or otherwise signify their consent to such meeting being held. Two-thirds of Council members entitled to vote shall constitute a quorum at all Council meetings.

9.2 The Governing Council may appoint a time and place for regular meetings. A copy of any resolution of the Governing Council fixing the time and place of regular meetings shall be sent to each Council member forthwith after being passed, but no other notice shall be required for any such regular meeting.

9.3 Meetings of the Governing Council shall be held on reserve or elsewhere as determined by Council members.

9.4 The chairman of the Governing Council shall be the Chief. Initially the Councillor receiving the greatest number of votes for Councillor shall be the first vice-chairman and the Councillor receiving the second greatest number of votes shall be the second vice-chairman. Thereafter the first and second vice-chairman of the Governing Council shall be determined annually by a majority vote of Council members.

9.5 The chairman of the Governing Council shall chair all Council meetings. In the absence of the chairman, the first vice-chairman shall serve as chairman. In the absence of the chairman and the first vice-chairman, the second vice-chairman shall serve as chairman. Should the Chief and both vice-chairmen all be absent, the meeting will be adjourned until such time as at least one of the three is present. Successive efforts to convene a meeting of Council will require that proper notice in writing regarding the time and place of the re-scheduled meeting be served upon the Chief and first and second vice-chairmen of the Governing Council. In the event that it is impossible to convene a meeting of Council after three successive attempts to do so, a special meeting of the members will be called at once to consider the situation and the possible need to remove and replace said Chief and Councillors, notice of which meeting shall be posted on the wall of the central administration office of the Lubicon Nation at a point reserved for the posting of public notices not less than twenty clear days before the day on which the meeting is to be held. A new Chief so elected shall serve a full five year term. New Councillors so elected shall complete the term of the person being replaced, with the person receiving the greatest number of votes for Councillor replacing the Councillor with the longest unexpired term, the person receiving the second greatest number of votes for Councillor replacing the Councillor with the next longest unexpired term, and so on.

9.6 All elected Council members and Council Elders shall be entitled to vote at Council meetings.

9.7 Unless otherwise expressly set forth herein, questions put at all meetings of the Governing Council shall be decided by a majority of votes cast, and, in the case of an equality of votes, the chairman of the meeting shall be entitled to cast a second or deciding vote.

9.8 No Council member shall be disqualified by his office from contracting with the Government of the Lubicon Nation nor shall any contract or arrangement entered into or on behalf of the Government of the Lubicon Nation with any Council member be void, nor shall any Council member so contracting or being so interested be liable to account to the Government of the Lubicon Nation or any of its members for any profit realized by any such contract or arrangement; provided that the nature of the Council member’s interest is disclosed by him or her at the Council meeting at which the contract or arrangement is first taken into consideration, if his or her interest then exists, or, in any case, at the first meeting of the Council following the acquisition of his or her interest, and, further provided, that he or she refrain from voting in respect of the contract or arrangement or proposed contract or arrangement.

9.9 Council members will be paid for their services as determined by Council members.

9.10 Council may from time to time appoint such committee or committees as it deems necessary or appropriate for such purposes and with such powers as it shall see fit. Persons appointed to such committees may, but need not, be members of the Lubicon Nation. Any such committee may formulate its own rules of procedure, subject to such regulations or directions as Council may from time to time make.

10. MEETINGS OF MEMBERS

10.1 There shall be a regular annual meeting of members of the Lubicon Nation held at such place and on such day as the Governing Council or the Chief may from time to time determine, for the purpose of receiving activity and financial reports, approving an annual operating budget and auditor’s report, conducting elections, appointing an auditor and fixing or authorizing the Governing Council to fix the remuneration of said auditor, and for the transaction of such other business as may properly be brought before the annual meeting of members.

10.2 The Chief or at least fifty-one per cent of Council members shall have the power to call a special meeting of the members at any time.

10.3 Meetings of members of the Lubicon Nation will be held at a place determined by the Governing Council.

10.4 Notice of the time and place of each meeting of members shall be posted on the wall of the central administration office of the Lubicon Nation at a point reserved for the posting of public notices not less than twenty clear days before the day on which the meeting is to be held. Notice of a special meeting of members shall state the general nature of the business to be transacted.

10.5 The Chief shall chair all meetings of members. In the absence of the Chief, the first vice-chairman of the Governing Council shall be chairman. In the absence of the Chief and the first vice-chairman of the Governing Council, the second vice-chairman of the Governing Council shall be chairman. If the Chief and both vice-chairmen be absent one hour after the time fixed for the holding of the meeting, the meeting shall be adjourned to a time and place determined by majority vote of those members present and entitled to vote. Proper notice in writing regarding the time and place of the rescheduled meeting shall then be served upon the Chief and the first and second vice-chairmen of the Governing Council. If the Chief and both vice-chairmen be absent one hour after the time fixed for the holding of the second meeting, the members present and entitled to vote shall choose one of their number to be chairman. If the secretary of the Governing Council be absent, the chairman shall appoint some other person, who need not be a member, to act as secretary of the meeting.

10.6 The only persons entitled to attend a meeting of members are those entitled to vote thereat, the auditors and others who, although not entitled to vote, are entitled or required under Lubicon Government regulations to be present at the meeting. Any other person may be admitted only on the invitation of the chairman of the meeting with the consent of the meeting.

10.7 Unless otherwise required, thirty per cent of the members entitled to vote shall constitute a quorum for the transaction of business at any meeting of members.

10.8 All recognized members of the Lubicon Nation who are eighteen years of age or older and ordinarily resident on the traditional lands of the Lubicons are qualified to vote at meetings of members.

10.9 Unless expressly set forth herein, questions put at all meetings of members shall be decided by a majority of votes cast and, in the case of an equality of votes, the chairman of the meeting shall be entitled to cast a second or deciding vote. Excepting only cases wherein a poll is required or demanded, any question at a meeting of members shall be decided by a show of hands and a declaration by the chairman of the meeting that the vote has been carried or not carried by a particular majority and an entry to that effect in the minutes of the meeting shall be prima facie evidence of the fact without proof of the number of votes given, and the vote so taken shall be the decision of the members.

10.10 After a show of hands has been made on any question the chairman may require, or ten persons entitled to vote may demand, a poll. A poll so required or demanded shall be taken as the chairman directs; each member qualified to vote shall be entitled to one vote and the results of the poll shall be the decision of the members.

10.11 The chairman of a meeting of members may, with the consent of the meeting and subject to such conditions as the meeting may decide, adjourn the meeting from time to time and place to place and no further notice of the reconvening of the meeting need be given.

11. APPOINTMENT OF OFFICERS, AGENTS

11.1 From time to time Governing Council shall appoint a general manager, a secretary, a treasurer and such other officers as Council may determine. Such appointed officers may, but need not be, members of the Lubicon Nation.

11.2 Appointed officers shall serve at the pleasure of Council and may be removed at the pleasure of Council. All appointed officers shall be paid for their services as officers as determined by Council.

11.3 The general manager shall have responsibility for management and administration of Lubicon Government affairs including the hiring, firing and supervision of program and administrative staff, subject only to Council approved personnel policies. In addition, the general manager may have such other powers as the Governing Council may from time to time prescribe.

11.4 The secretary shall attend and be secretary of all meetings of members and of Council and shall enter or cause to be entered into books kept for the purpose minutes of all proceedings; the secretary shall give or cause to be given as and when instructed, all notices to the general membership and to the members of Council; the secretary shall be the custodian of all books, papers, records, documents and other instruments belonging to the Government of the Lubicon Nation including the book of members, the list of qualified electors and the register of laws enacted by Council except when some other officer or agent has been appointed by Council for that purpose; the secretary shall also have such other duties as the Governing Council may from time to time prescribe.

11.5 The treasurer shall keep full and accurate books of account in which shall be recorded all receipts and disbursements of the Government of the Lubicon Nation and, under the direction of the Governing Council, shall control the deposit of money, the safekeeping of securities and the disbursement of funds; the treasurer shall render to the Governing Council whenever required an account of all his or her transactions as treasurer and of the financial position of the Lubicon Government; and the treasurer shall perform such other duties as the Governing Council may prescribe.

11.6 The duties of all other appointed officers shall be such as the terms of engagement call for or as the Governing Council may prescribe.

11.7 The Governing Council may from time to time appoint agents or attorneys for the government of the Lubicon Nation in or out of Canada with such powers of management or otherwise, including the power to sub-delegate, as may be thought fit.

11.8 The Governing Council may require officers, employees and agents of the Government of the Lubicon Nation to furnish bonds for the faithful discharge of their duties in such form and with such surety as the Governing Council may from time to time prescribe.

11.9 No Council members or officers of the Lubicon Government shall be liable for the acts, receipts, neglects or defaults of any other Council member or officer or employee, or for joining in any receipt or other act for conformity, or for any loss, damage or expense happening to the Government through the insufficiency or deficiency of title to any property acquired by order of the Governing Council for or on behalf of the Government, or for the insufficiency or deficiency of any security in or upon which any of the moneys of the Government shall be invested, or for any loss or damage arising from the bankruptcy, insolvency or tortious act of any person with whom any of the moneys, securities or effects of the Government shall be deposited, or for any loss occasioned by any error of judgement or oversight on his or her part, or for any other loss, damage or misfortune whatsoever which shall happen in the execution of the duties of his or her office or in relation thereto unless the same shall happen through his or her own willful neglect or default.

11.10 Every Council member and officer of the Lubicon Government and his heirs, executors, administrators, estate and effects, respectively, shall from time to time and at all times be indemnified and saved harmless out of funds of the Government from and against all costs, charges and expenses whatsoever that such Council member or officer sustains or incurs in or about any action, suit or proceeding that is brought, commenced or prosecuted against him or her for or in respect of any act, deed, matter or thing whatsoever made, done or permitted by him or her in or about the execution of his or her office as well as against all other charges, costs and expenses that he or she sustains or incurs in or about or in relation to the affairs of the Government unless such costs, charges or expenses are occasioned by his or her own willful neglect or default.