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Band Council Resolutions


What is a Band Council Resolution? (BCR)

Although BCR’s are not defined anywhere in the Indian Act, they are referred to in the Indian Band Council Procedure Regulations and are required to initiate, authorize or approve numerous transactions under the Act; they are a First Nation's means of providing instructions, approvals, etc., to Indian & Northern Affairs Canada (INAC). They may, for reference purposes, be defined as a record of a First Nation council decision made by a majority of the councilors of a First Nation at a meeting of the council duly convened (s.s.2(3); see Indian Band Council Procedure Regulations).

Why must each First Nation designate a licensing authority?

Under the terms of the 2002 Framework Agreement , each First Nation must pass a BCR to designate a gaming licensing authority if they are involved in gaming activities on reserve.

2002 Framework Agreement Part 10, Licensing Of Charitable Lotteries On Reserves, subsection 10.3 (c) states that:

Prior to the Government's recommendation to the Lieutenant Governor in Council pursuant to section 10.2, the Government and each Gaming Licensing Authority shall:

 

1. obtain necessary resolutions to designate a Gaming Licensing Authority as an authority to issue licenses to charitable or religious organizations to conduct and manage charitable lotteries on reserves.

First Nations have a choice in designating their regulator. They may choose IGR, the provincial government (SLGA) or a First Nations or Tribal Council Authority. However, the licensing authority must have the capacity to regulate and be a duly recognized licensing authority.

Saskatchewan First Nations have shown confidence in IGR's ability to provide them with licensing & regulatory services. Of the 75 Saskatchewan First Nations, IGR has received permission from 71 of the 73 First Nations who conduct gaming on their First Nations lands. That's an impressive 97%!