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ARTICLE · 06 APRIL 2020

Indigenous Governance During COVID-19: A Series

In the midst of the COVID-19 outbreak, many organizations are wondering how they can make key decisions without meeting in large groups.

CanadaCoronavirus (COVID-19)

Band Council Remote Decision-Making

In the midst of the COVID-19 outbreak, many organizations are wondering how they can make key decisions without meeting in large groups. Band Councils are no exception. These challenging times may require that certain aspects of Chief & Council function as "essential services" (another topic soon discussed in this series) for delivery of health, social services, community emergency response, community safety and infrastructure services, to name but a few areas where Chief & Council are required.

Band Council decision-making processes are prescribed by the Indian Act (the "Act") and the Indian Band Council Procedure Regulations (the "Regulations"). The Act requires that council decisions be made at "duly convened" council meetings, which requires a majority of councillors to be present at a council meeting in order to pass a Band Council resolution ("BCR"). This requirement is set out in section 2(3)(b) of the Act as follows:

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