C A N A D A I HEREBY declare the following by-laws made by the Council o f the A bitib i Dominion Band o f Indians at a meeting held on October 15, 1961+, to be in force : -By-law No. 1 - To provide for the construction and maintenance o f a waterworks system including sewage disposal and appurten ances thereto and for the payment o f water rates to regulate the use o f water supplies, and By-law No. 2 - To provide for the disposal o f garbage and waste on the Amos Indian Reserve No. 1 in the Province o f Quebec. ~ Dated at Ottawa this day o f November, 1961+. René Tremblay, Minister o f Citizenship and Immigration,
♦ K -^ e -A R T M E N T OF CITIZENSHIP AND IMMIGRATION t V >IAN AFFAIRS BRANCH I r - J K D COUNCIL RESOLUTION C A N A D A No» 2 ( - ) NOTE: The word* 4'From our Band Fund»” must appear in all resolutions requesting expenditures from Band Funds. The Council of the..................... .................................................................. :..........................................................Baud „ f Indium, (Name of Band) in the............................................................................................................................................................................ Indian Agency, (Name of Agency) in the Province of............. ..................................;.........................at a meeting, held at...........4 ? ? ? ..... ........................................ (Name of Province in full) (Name of Place) this.. ............ day of............ .......................... A.D. 19.....^™... (In Full) (Month) Do He r e b y R e s o l v e : THAT paragraph 22. of By-law No. I (mads October 15* 1964 and duly approved on November 5» 1964 by the Honourable the Minister of Citizenship and Immigration) be amended to read now as follows* All service fees* charges and rates collected pursuant to this by-law shall* when required* be expended by the Council for the construction, maintenance and operation of the waterworks system, including sewage disposal appurtenances thereto. And. soeM t\ 1 v-that rates- eolleoted-be used to pay gydro-Quebeo rates for electricity p.nq& dftd^at.,.Tm g .sa èbsa * (Councillor) < / (Councillor) (Councillor) __ (Councillor) (CouncÜior) ( ) .. (Councillor) (Councillor) (Councillor) ' > ,. - / ? (Councillor) (Councillor) (Councillor) FOR HEADQUARTERS USE ONLY 1. TRUST 2. CURRENT BALANCES 3. Expenditure 4. Authority 5. Source of Funds ACCT ' A. Capital B. Revenue Indian Act Sec. | | Capital Q Revenue $ $ $ 6. Recommended 7. Approved Date Chief, Reserves and Trusts Date Director, Indian Affairs 0 73 8 3 I1AÏ 20 65
I ■ The Council o f theA bitibi Dominion Band o f Indians at a meeting held this £th day o f Sept., -I ffiSli , makes the follow ing by-law pursuant l£th Oct. to paragraphs ( f ) , (1) and (q) o f section 80 o f the Indian Act. By-law Ho. X A by-law to provide fo r the construction and maintenance o f a water-including sewage disposal works system/and appurtenances thereto and fo r the payment o f water rates to regulate the use o f water supplies. 1. In this by-lawî (a) "band" means the A bitib i Dominion Band o f Indians; (b) "council" means the Council o f the A bitib i Dominion Band o f Indians; (c) "owner" includes a person who occupies or resides on any lands -as a locates, tenant, licensee or permittee; (d) "service connection" means the service pipes, f it t in g s and valves la id , constructed or installed or that may be la id , constructed or in sta lled by the water commissioner to the lo t line o f the applieant pursuant to an application fo r water services under th is by-law and includes any replace ment or extension thereof made at any time or from time to time; (e) "water commissioner" means the person designated as such by the council from time to time; and ( f ) "waterworks system" means the water distribution and pump system la id , constructed and in sta lled on AI*5DS Reserve and any extension or replacement thereof made at any time or.from time to time and includes a l l service connections. 2. An application for a supply o f water from the waterworks system may be entertained by the Council between June 1st_____ and October 1st in any year. 3. Where an owner o f lands used or occupied for the purpose of a cottage s ite , business or commercial enterprise or where an owner, other than a band member, of lands used or occupied for the purpose o f residence, requires a supply o f water from the water system he sha ll; (a) make a written application to the Council, and (b) deposit with the Council for application towards the cost o f construction o f the connection, the sum o f f i f t y d o lla rs . V/ÜÜ'? OCT 2664 i t ) V ' K OCT 1964
U« Where a member o f the band - an owner o f land used for residen tia l purposes - requires a supply o f water from the water system, he sh a ll; (a) make written application to the Council, and (b) deposit with the Council fo r application towards the cost o f construction the sum of f i f t y do llars . 5. Where an application fo r a supply o f water from the waterworks system is not approved by the Council, the deposit shall be returned to the applicant. 6 (a) Where an application by an owner pursuant to section 3 hereof ’ has been approved by the Council and the applicant has deposited with the Council the moneys required to be deposited by this by-law, the water commissioner shall construct to the lo t line o f such owner the required service connection. (b) Where an application by an owner pursuant to section U hereof has been approved by the Council and the applicant has deposited with the Council the moneys required to be deposited by this by-law, the water commissioner shall construct to the lo t line o f such owner the required service connection and may with the approval o f the Council provide free o f charge to the applicant up to f i f t y feet o f copper line o f the proper size as determined by the water commissioner. 7 . A water service connection shall be o f a size not smaller than^/® inches nor larger than ________ inches which size shall be determined by the water commissioner. . A single service connection shall not be connected with two or more buildings except with the consent o f the water commissioner. 9. Every owner who is to receive a supply o f water from the waterworks system shall in s ta ll such f it t in g s , pipes, taps and plumbing fixtures in , under and about his premises which, in the opinion o f the water commissioner, are necessary to receive and control the water conveyed from the waterworks system. 10. Where an owner has complied with a l l the provisions o f this by-law, the water commissioner shall turn on the water to the premises o f such owner. 11. Every owner shall repair and maintain and keep repaired and maintained a l l f i t t in g s , p ipes, taps and plumbing fixtures in sta lled pursuant to section #
3 12, No owner shall in s ta ll any pipes, f i t t in g s , taps and/or plumbing l fixtures in or about his premises fo r the purpose o f receiving water from the waterworks system unless such pipes, f i t t in g s , taps and plumbing fixtures have been approved by the water commissioner, . ( l ) The water commissioner may enter the premises o f any owner connected to the waterworks system fo r the purpose o f inspecting the pipes, f i t t in g s , taps and plumbing fix tu res , (2) I f the water commissioner is o f the opinion that the pipes, f i t t in g s , taps and plumbing fix tu res in or about the premises o f any owner $re defective or are in need o f repairj qr that additional fitt in g s or plumbing fixtures are required to receive or control the water or prevent fro s t damage to the service connection he sh a ll serve upon the owner a notice in writing to correct the condition. (3) The notice referred to in subsection (2) sha ll state a reasonable time within which the owner is to correct the condition referred to }.n the n o tice . )Where (a) the notice referred to in subsection ( ) has been served on the owner, and (b) in the opinion o f the water commissioner the owner has not corrected the condition referred to in the notice the water commissioner may turn o f f the supply o f water to the premises o f the owner un til such time as the condition has been corrected. U. ( ) Jn th is section "year" means the period commencing the st day o f April and ending the st o f March_____ ” immediately follow ing. (2) Water rates shall be paid to the Council on or before the commencement o f each year. (3) Where a service connection is la id and constructed pursuant to an application made pursuant to section and U hereof and the premises o f the owner is equipped to re ce iv e and control water from the water supply system the owner shall pay to the Council prior to the turning on o f the water by the water commissioner a proportion o f the water rate based on the number o f days remaining to the st day o f month_______ immediately follow in g. l£ . The follow ing water rates shall be paid to the Council each year: (a) by an owner, who is a member o f the band, o f lands used or occupied en tirely fo r residen tia l purposes .............. $ q̂ (b) by an owner o f lands, other than band members, used or occupied fo r the purpose o f , or in connection with a residence or cottage s ite .................................................. $ (c) by an owner o f lands used for the purpose o f , - o r in connection with the operation o f an o f f ic e building, store or s c h o o l .................. ................................................................ $
-15. (Cont'd). (d) by an owner o f lands used fo r the purpose o f , or in connection with the operation o f a restaurant, cafe cr snack bar ............................ .................................................. $ (e) by an owner o f lands used or occupied fo r the purpose o f , or in connection with, any business or commercial enterprise not mentioned above, a rate to be deter mined from time to time by a resolution o f the Council. 16. (1) If an owner neglects or refuses to pay water rates when due the water commissioner may turn o f f the water to h is premises. (2) I f the owner pays to the Council: (a) the watei* rates in arrears, and (b) a service charge o f five dollars fo r the turning on o f the water the water commissioner shall turn on the water supply. 17. Every owner o f lands used or occupied fo r the purpose o f or in connection with a cottage site sha ll n otify the water commissioner the date upon which h is cottage shall be closed fo r the winter season and upon being so n otified the water commissioner sh a ll turn o f f the water. 18. No owner shall waste or permit water conveyed to h is premises from the waterworks system to be wasted. 19. ( l ) No owner shall use or permit water conveyed to his premises from the waterworks system to be used fo r purposes other than domestic purposes without the consent in writing o f the water commissioner. (2) In th is section the term "domestic purpose" does not include irregation purposes or lawn or garden watering. 20. The Council or the water commissioner sha ll not be lia b le to any i owner or any other person fo r any damage to the property, lands pp buildings o f any such owner or person as the resu lt o f , or by reason o f , or occasioned or attributable to the turning o f f o f the water to the premise o f the owner or the fa ilu re of breakdown o f the waterworks system. 21. The water commissioner may, fo r the purpose o f constructing, repairing, maintaining or extending the waterworks system or making any additions thereto, shut o f f the water supply to the premises o f any owner fo r such period o f time as he considers necessary to complete the work*
5 22• A ll service fe e s , charges and rates col]e cted pursuant to this by-law sh a ll, when required, be expended by the Council fo r the construction and maintenance o f the waterworks system* including sewage disposal appurtenances thereto. (Chief) CVuitLl (Councillor) (Councillor) (Councillor) (Councillor) . ^ Councillor) ^ (Councillor) (Councillor) (Councillor) dhĉ t.W __ (Councillor) (Councillor) (Councillor) " (Councillor) ;
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.