Bylaws

Council has drafted several bylaws to improve the effectiveness of NCN’s law enforcement.

  • Drug and Bootleg – to impose tougher penalties for drug users and bootleggers
  • Alcohol Restriction – to restrict how much alcohol an individual is allowed on the reserve
  • Banishment – to exclude criminal and disruptive individuals from living or visiting the community
  • Curfew – to restrict children and youth from staying out all hours of the night
  • Trespass – to impose penalties on those who have been banished but continue to sneak back into the community
  • Traffic – to impose tough penalties on unauthorized motorists.

Other bylaws and polices in progress

  • To pass a Finance Bylaw that governs how the community manages its finances
  • To establish a Finance Policy that guides how individual administrators and staff administer NCN finances
  • To complete the Election Code Review in order to ensure the Election Code continues to be responsive to the community and its membership
  • To pass an Environmental Bylaw that sets out the parameters for the long-term monitoring of the Wuskwatim project
  • To establish the Nisichawayasihk Trust (CAP) Policy, which sets out how the community accesses funding
  • To establish a Housing Policy to govern how houses on reserve are managed and allocated.

Steps have also been taken to complete the following:

  • User-Fee Bylaw
  • Membership Code Review
  • Dog Bylaw

Policies

NCN Alcohol and Drug Use Policy

NCN is committed to ensuring its workplaces are safe, healthy and productive as this is in the best interests of Ethiniwuk (its individual employees), Ka’esiminisichik (the families), and the Ka’esi’pisketuskan’nesichik (the Nation); as well as contractors, partners, and visitors.

The purpose of this policy is to encourage co-operation to prevent problems arising from the inappropriate use of alcohol and drugs; and support employees seeking to address the underlying issues and/or physical, emotional, mental, or social factors that result in abuse of alcohol, drugs, or other substances.

NCN recognizes that historical and intergenerational impacts have caused devastation and extreme trauma in the lives of many Ethiniwuk and that alcohol and drug abuse is a symptom of much deeper pain and trauma. Thus NCN is committed to treating addiction, pain, and trauma with compassion by applying this policy in safe and respectful ways to ensure the rights of employees and NCN, as employer are carefully balanced. This policy encourages self-awareness and self-disclosure by Ethiniwuk.

The following customary laws will guide the implementation of these policies:

  • Mamawi Nisitawenachikewin (Mutual Recognition) – the conduct of the person (including both the employee and employer) must be reconciled with Kihche’othasowewin, the Great Law of Creator.
  • Mamawi Kistithichikewi (Mutual Respect) – the conduct of the person (including both the employee and employer) is based on the sacred responsibility to treat everything and everyone with respect and honour.
  • Mamawi Wichihitowin (Sharing) – both, the employee and employer agree to share information in confidence for the purposes of reviewing and making decisions in the application of this policy.
  • Mamawi Tipethimisowin Kanawapatamasowin (Mutual Responsibility) – both, the employee and employer agree to accept their responsibility in upholding the application of this policy, striving to achieve the most beneficial outcomes for the individual employee and the organization.
  • Tapwetamowinihk (Honesty, Truth, Trust and Understanding) – both, the employee and employer, will work together to achieve understanding of each unique circumstance and ensure the employee opportunity for self-disclosure without retribution. Every effort will be made to maintain confidentiality and anonymity.

To read the complete policy or to download and print the form for employment purposes click the “View Complete Policy” button.

View Complete Policy

Social Media Policy

POLICY STATEMENT

The use of social media by any person employed by the NCN government, an NCN agency or corporation, including during non-working hours (off-duty conduct) may result in discipline if the use of social media creates potential harm to the reputation of NCN or the NCN agency or business and NCN’s ability to efficiently manage its operations or businesses. While NCN employees have constitutional rights to freedom of expression, including the right to use social media, this right is not unlimited and thus, NCN employees must always use good judgement when exercising their rights to free speech. While NCN employees are entitled to their opinions, they also have a duty of loyalty to their employer and publicly displaying their opinions may have consequences in relation to the ongoing viability of their employment relationship. Therefore, this policy is designed to provide all NCN employees with guidelines regarding the appropriate use of social media, including Facebook, to avoid irreparably damaging their employment relationship with NCN, including NCN agencies and businesses.

DEFINITION OF SOCIAL MEDIA

For purposes of this policy, social media includes those media which use web and mobile based technologies too interactive communication between individuals and organizations and Includes all social networking sites, internet forums, weblogs, blogs and micro blogs, wikis, podcasts, email, text messaging, instant messaging and other forms of similar media such as Facebook, Twitter, YouTube, and Google.

POLICY No: 625 – REGULATIONS

625.1 NCN employees must not disclose confidential or proprietary information through social media, including the NCN Facebook page. Disclosure of confidential or proprietary information without prior authorization may result in immediate termination.

625.2 NCN employees will be held responsible for what they write or post through social media, including the NCN Facebook page. Inflammatory comments, harassment, including sexual harassment, bullying or abusive or disparaging remarks, or negative/ inappropriate language or posts may result in disciplinary action up to and including termination.

625.3 NCN employees must not engage in discussions regarding issues related o their work, NCN businesses or NCN government issues through social media of any kind without prior approval from management.

625.4 NCN employees must not post text, images or video that was created by someone else without proper attribution and/or authorization as such action could violate copyright laws. If you have questions about copyright law and/or usage of certain media, contact the NCN HR department.

625.5 Social media, including Facebook is not a substitute for inter­-governmental or agency communications. Important information should be transmitted within normal NCN communication channels, not through social media.

625.6 Social media is not a substitute for customer service. Any NCN Citizen who has a question about service should be directed to the appropriate NCN department instead of handling inquiries entirely through social media, including Facebook.

625.7 In the event that an NCN employee discovers any group that users have formed to discuss the NCN government, its leadership, NCN businesses, services, staff or any matters related to NCN governmental or business operations, are to be brought to the attention of management or the HR department.

625.8 All NCN employees have a responsibility to relay concerns about the use of social media to management or the HR department as soon as possible.

625.9 If you have questions about how to respond to a specific post or group, discuss the issue with management or the HR department prior to posting.

625.10 When posting photos from NCN events, including events that take place during non-working hours, consent must be obtained in advance from any employees who are in photos so that they may approve the posting of those photos. Consent should be obtained in writing to avoid disputes about whether permission was granted to use the photos.

To download and print a copy of the Social Media Policy form for employment purposes click the “View Complete Policy” button.

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Alternate Benefits Methods Policy

OBJECTIVE

To establish when alternate benefits methods will be used as part of the administration of the Income Assistance Program.

POLICY STATEMENT

Chief and Council recognize that Income Assistance is a social program intended to assist individuals and families in meeting their most basic needs. However, in some instances this resource is misused and abused, resulting in children, families, and Elders being denied necessities to meet their basic needs.

To protect the safety and well-being of our Nation and our Nation’s most vulnerable people, alternate benefits methods will be used in appropriate circumstances to ensure basic needs such as food, shelter, and clothing are provided to individuals and families.

This policy is intended to empower persons receiving social assistance to assume responsibility for their own well-being to ensure that their basic needs and those of their families are being met. It is also intended to enhance community safety.

PROCEDURES

1.1 Responsibilities
The Executive Management Team is responsible for overseeing and managing the implementation, administration, monitoring, and evaluation of this policy.

The Income Assistance Program is responsible for the implementation of programs and services; including referrals, investigations, data collection, and timely reporting to the Executive Management Team and others as required.

The Peacekeepers Tribunal is responsible for addressing all appeals of decisions made in relation to the administration of this policy.

1.2 Application
The alternate benefits methods referred to in this policy will be utilized in the following circumstances where data from various sources indicates an NCN Citizen’s basic needs or those of their families are not being met:

  1. Income Assistance Recipients and Eligible Applicants:
    1. have failed to abide by the Nisichawayasi Community Protection Law, 2019, c. C-1 and regulations;
    2. have been charged with an offence under the Criminal Code of Canada or other relevant legislation;
    3. have engaged in aggressive or violent behaviour and/or harassment of NCN staff or members of Chief and Council or have been lodged under the Intoxicated Persons Detention Act (IPDA);
    4. are parents or guardians whose children are in the care of a child and family services agency or alternate caregiver as reported by CFS;
    5. are parents whose children have not attended school regularly in the previous month as reported in the nominal roll reports.
  2. individuals who have caused damage to and/or destroyed NCN property including NCN housing, buildings, storage sheds, equipment, businesses, motor vehicles.
  3. individuals who are known gang members or affiliated with gang activity (colours).
  4. individuals who are reasonably believed to be engaged in drug dealing and bootlegging.
  5. individuals who have been banished and the Peacekeepers Tribunal has determined that they should not be allowed to return to the community; or
  6. individuals who request advance benefits for two consecutive months.

1.3 Relevant Information
A determination of whether alternate methods of benefits should be applied to an individual in accordance with this policy will be made by taking into consideration relevant data and other information provided by individuals and NCN community partners and service organizations, including but not limited to:

  • Nisichawayasi Nehetho Culture and Education Authority Inc.
  • Family and Community Wellness Centre
  • RCMP – NCN Detachment
  • First Nation Safety Officers
  • Court of Queen’s Bench
  • Provincial Court
  • Nisichawayasihk Cree Nation Housing Authority
  • Nelson House Medicine Lodge
  • Atoskiwin Training and Employment Centre
  • Development Corporation
  • Nursing Station
  • Circle of Life Program – Elders Advocacy Program

2.0 Investigation and Determination Criteria Met

2.1 Investigation – Initial Meeting
Upon receipt of relevant information, Income Assistance staff will conduct an investigation to assess whether the person falls within one of the categories listed in section 1.2 of this policy. If it is determined that a person falls within section 1.2, a meeting will be held to discuss why the person will be subject to alternate benefit methods and a Circle of Care plan will be developed to assist the person and/or the person’s family take steps to assume responsibility for their actions and improve their lives using a restorative justice model where appropriate;

The investigation shall be completed at least fourteen (14) days before the person’s next social assistance issuance is to be made. Upon completion of the investigation, the Income Assistance staff person shall prepare a written report confirming whether the Recipient/Applicant meets the criteria and conditions outlined within this policy for alternate payment methods to be implemented, the proposed Circle of Care plan to be implemented or the person’s refusal to participate in such a plan.

The report will be dated and signed by the Income Assistance staff person and will be submitted to the Executive Management Team for a decision to accept, reject or modify the recommended actions.

2.2 Written Notice
If alternate benefit methods are to be implemented, the person will be notified in writing that any income assistance benefits for which they qualify will only be available by an alternate benefits method for a minimum period of 2 months for the first incident, and 4 months for all subsequent incidents until the person has met the conditions outlined and agreed to in writing by the person and Chief Financial Officer (CFO) and that any breach of the written agreement will result in an extension of the alternate benefit methods for at least an additional two months.

The written notice shall also advise the Recipient that the decision can be appealed to the Peacekeepers Tribunal by filing a Notice of Appeal with the Chairperson of the Tribunal with a copy to the Director of Justice and Public Safety within seven (7) days of receipt of the letter.

2.3 Transfer to Alternate Benefits Methods
Upon the expiry of the appeal period, the Income Assistance staff person who made the recommendation will complete Schedule “B” and place the completed form in the Recipient’s file. The decision made by the Executive Management Team will be final and binding on the person from that point forward.

2.4 Development of Health and Wellness Plan
The Income Assistance staff person will coordinate an implementation meeting with the Recipient to develop a Circle of Care Plan and confirm in writing the conditions to be met for the Recipient to be able to receive regular social assistance benefits. Part of the Plan will include regular monthly reviews with the Recipient to assess their progress in meeting the conditions set out in the Plan.

3.0 Appeal Committee

3.1 Peacekeepers Tribunal
The Peacekeepers Tribunal shall hear and determine any appeals in accordance with the Peacekeepers Tribunal Law, 2019, c. P-1 and may set aside, vary with or without conditions the decision of the Executive Management Team or may confirm the order.

3.2 Determination of Appeals
The Peacekeepers Tribunal will consider and determine appeals within 10 days of receipt of a Notice of Appeal from the Recipient unless there are extenuating circumstances that require an extension.

3.3 Final and Binding Decisions
A decision of the Peacekeepers Tribunal shall be final and binding on NCN and on the Recipient.

4.0 Alternate Forms of Benefits

4.1 Alternate Forms of Benefits/Issuances
Purchase Orders will be honoured at the following businesses or any other businesses NCN makes arrangements with:

  1. Giant Tiger
  2. Thompson Family Foods
  3. Three Rivers Store
  4. OT Gas Bar

4.2 Limitations
Tobacco products purchased under the Purchase Order will be limited to:

  • One carton of cigarettes for a full month issuance or
  • Four packs of cigarettes for a half month issuance (bi-weekly)

4.3 Prohibitions
The business and the Recipient will be notified that the purchase order cannot be used to purchase certain products defined as “intoxicants” that can not be transported onto NCN Lands in accordance with the Nisichawayasi Protection Law.

To download a copy of the Alternate Benefits Methods Policy click the “View Complete Policy” button.

View Complete Policy