Part II - Enacted First Nations Legislation

Decision Information

Decision Content

9 6 -0 5-1 6 R E h : 44 34 Indian and Northern Affairs Canada Indian and Inuit Affairs BAND COUNCIL RESOLUTION NOTE: The words "From our Band Funds" "Capital" or "Revenue", which ever is the case, must appear in all resolutions requesting expenditures from Band Funds. THE COUNCIL OF THE POPLAR HILL FIRST NATION AGENCY\DISTRICT SIOUX LOOKOUT PROVINCE ONTARIO PLACE POPLAR HILL, ONTARIO DATE 07 05 96 Day-Jour Month-Mois Year-Annee Subject: INDIAN ACT BY-LAWS 96 DO HEREBY RESOLVE: that the Band Council of Poplar Hill First Nation revise and update our Indian Act By-Law, Section 8 5 - 1 that was passed back in Feb. of 1988. Whereas: the Chief and Council approve of all the following By-Laws of 85-1, prohibiting the use and possession of intoxicants here in the First Nation Territory of Poplar Hill. Furthermore: the Band Council of Poplar Hill First Nation consider it necessary for special measures to be taken to protect the citizens of Poplar Hill from the presence of intoxicants. Furthermore: the citizens of Poplar Hill First Nation need this By-Law in place for the lack of respect of intoxication and the abuse of intoxicants here in the First Nation Territory of Poplar Hill. Furthermore: Subsection 85-1 (1) of the Indian Act R.S.C. 1970, Chapter 1-6 (as amended) empowers the Band Council of Poplar Hill First Nation to make these By-Laws in respect to intoxication and the use of intoxicants here in the First Nation Territory of Poplar Hill. Furthermore: on Feb. 16 of 1988 a meeting by the electors of Poplar Hill First Nation, pursant to subsection 85-1 (2) of the Indian Act, decided to form and set these By-Laws in place. (Councillor - counsëlfër)............................................ (Councillor - 'counsellor)..................... (Councillor - counsëlfër)............................................ (Councillor - counsëlfër)..................... F O R D E P A R T M E N T A L U S E O N L Y - R E S E R V E A U M IN IS T E R E 1. Band Fund Code 2. C O M P U T E R B A LANCES - S O L D E S D 'O R D IN A T E U R Code du com pte de band A. Capital B. Revenue - Revenu $ $ 6. Recom m ended - Recom m endable Date Recommending Officer - Recommanc e par Date Chronological No. File Reference V'g? -& Current Capital Balance $ Committed - Engage $ Current Revenue balance Solde de revenu S Committed - Engage $ CERTIFIED TRUE COPY ..................... (C ouncillor - counsé llë r)’ ..................... (C ouncillor - counsë lfër)* 3. Expenditures Dépenses 4. Authority S. Source of Funds Indian Act Source de fonds Section Capital Revenue $ Approved - Approubable ApprovingOfftaer - Àpprouvi par
Indian and Northern Affairs Canada Indian and Inuit Affairs BAND COUNCIL RESOLUTION NOTE: The words "From our Band Funds" "Capital" or "Revenue", which ever is the case, must appear in all resolutions requesting expenditures from Band Funds. THE COUNCIL OF THE POPLAR HILL FIRST NATION AGENCY\DISTRICT SIOUX LOOKOUT PROVINCE ONTARIO PLACE POPLAR HILL, ONTARIO d a t e 07 05 96 Day-Jour Month-Mois Year-Annee Indian Act By-Laws - 96 p.2 Be it resolved: Section 85-1(1) of the Indian Act shall be as follows: 1. INTOXICANT is defined under subsection 2(1) of the Indian Act and shall be deemed to include the following preparations and mixtures capable of human consumption that is intoxicating as follows. A - glue and other vapours thereof B - LYSOL, HAIRSPRAY, other cleaning products & vapours C - gasoline & other gasoline based products & vapours D - alcohol & other alcohol related beverages E - homebrew that is used for intoxication F - DRUGS - used to get high, Hash & other substances Be it resolved: Section 85-1(2) of the Indian Act shall be as follows. 2(A) - Supply - to give to other people here at Poplar Hill First Nation an intoxicant contrary to section 3(B) 2(B) - Manufacture - to make an intoxicant for the sole purpose of consumption contrary to section 3(B) 2(C) - Sell or Barter - anyone who sells or barters an intoxicant for the sole purpose of being intoxicated contrary tc section 3(B) Furthermore: any person guilty of section 2 of this By-Law is liable on summary conviction to a penalty described ir Paragraph 85-1(4) (A) of the Indian Act and shall pay a Donation of not more than $1000.00 or imprisonment for a tern NflTexceeding 6 months, or both. (Councillor - coûrYsëjlëfjf (Councillor - counsellor)' (Councillor - counsellor)' (Councillor - counsëllër)' FO R D E P A R T M E N T A L U S E O N L Y - R E S E R V E A U M IN IS T E R E 1. Band Fund Cod© 2. C O M P U T E R B ALANCES - S O L D E S D 'O R D IN A T E U R Cod© du com pta de band A. Capital B. Revenu© - Revenu 6. Recommended - Recommendabl* Recommending Officer - Recommanc e par Date Chronological No. a} ! b / f b File Reference Current Capital Balance $ Committed - Engage $ Current Revenue balance Solde de revenu $ Committed - Engage $ CERTIFIED TRUE CQPY ’(C ouncillo r - counsëllër)' '(Coù'nciîlo r* *- counsel r )' 3. Expenditures 5. Source of Funds Dépensas 4. Authority Indian Act Source de fonds Section Capital Revenue Approved - Approubable Approving Officer - Approuv > par
Indian and Northern Affairs Canada Indian and Inuit Affairs BAND COUNCIL RESOLUTION NOTE: The words "From our Band Funds "Capital" or "Revenue”, which ever is the case, must appear in all resolutions requesting expenditures from Band Funds. THE COUNCIL OF THE POPLAR HILL FIRST NATION AGENCY\DISTRICT SIOUX LOOKOUT PROVINCE ONTARIO PLACE POPLAR HILL, ONTARIO DATE 07 05 96 Day-Jour Month-Mois Year-Annee Indian Act By-Laws -96 p.3 Be it resolved: Section 85-1(3) of the Indian Act shall be as follows of a person who is found: 3(A) - Possession - a person with intoxicants in his or her possession, directly or indirectly related to their property 3(B) - Intoxicated - a person who is intoxicated or high from the use of an intoxicant Furthermore: Any person guilty of section 3 of this By-Law is liable on summary conviction to a penalty described ii Paragraph 85-1(4) (B) of the Indian Act and shall pay a Donation of not more than $100.00 or imprisonment for a tern not exceeding 3 months or both. Be it resolved: Subsection 85-1(4) shall be as follows. -(No offense is committed against this By-Law where the intoxicant is used or intended to be used :) 4(A) - in case of sickness or accidents 4(B) - for domestic or commercial purposes that do not involve human consumption 4(C) - in the form of sacremental wine used by a recognized church 4(D) - Persons who intend to use an intoxicant for the purposes of subsection (4) must have a written letter of authorization from the attending registered nurse for illness or must have a letter of written authorization from the band council for domestic, commercial or church purposes here at Poplar Hill First Nation Whereas: "TOURIST" means a person not normally a resident of Poplar Hill First Nation and is travelling for recreation, pleasure or culture purposes or is a guest of one of the tourist camps operated by the band which may be on or off the First Nation Territory of Poplar Hill. ' ’(Councillor - counsellor)' ' * ’(Councillor - counsellor)’ F O R D E P A R T M E N T A L U S E O N L Y - R E S E R V E A U M IN IS T E R E 1. Band Fund Code 2. C O M P U T E R B A LANCES - S O L D E S D O R D IN A T E U R Code du com pte de band A. Capital B. Revenue - Revenu $ $ 6. Recommended - Recommendable Date Recommending Officer - Recommanc e par Date Chronological No. - 5 File Reference Current Capital Balance $ Committed - Engage $ Current Revenue balance Solde de revenu $ Committed - Engage $ ClRtlFIED TRUE COPT ’(C ncillor - counselr)‘’ 3. Expenditures Dépenses 4. Authority 6. Source of Funds Indian Act Source de fonds Section Capital Revenue $ Approved - Approubable Approving Officer - Approuv » par
Chronological No. Indian and Northern 2 lie M b Affairs Canada File Reference Indian and Inuit Affairs BAND COUNCIL RESOLUTION NOTE: The words "From our Band Funds "Capital" or "Revenue", which ever is the case, must appear in all resolutions requesting expenditures from Band Funds. THE COUNCIL OF THE Current Capital Balance $ POPLAR HILL FIRST NATION AGENCY\DISTRICT SIOUX LOOKOUT Committed - Engage $ PROVINCE ONTARIO Current Revenue balance Solde de revenu $ PLACE POPLAR HILL, ONTARIO Committed - Engage $ DATE 07 05 96 Day-Jour Month-Mois Year-Annee Indian Act By-Laws - 96 pg.4 Be it resolved: Subsection 85-1(5) shall be as follows. 5(A) - no offense is committed against subsection 3(A) of this By-Law if the person is in possession and is a tourist transporting the intoxicants in an opened state across the First Nation Territory of Poplar Hill to a destination beyond our First Nation Territory. 5(B) - in case a tourist should stay overnight at Poplar Hill First Nation, he shall deliver the intoxicants in his possession to a special constable, band constable or peacekeeper as soon as possible. The person in possession of this intoxicant will be responsible of this intoxicant and could be guilty of an offense under subsection 3(A) of this By-Law if found in contravention Be it resolved: Subsection 85-1(6) shall be as follows. 6(1) - every person coming into the First Nation Territory of Poplar Hill shall at that time, if requested by a special constable, band constable or peacekeeper, declare whether or not they have any intoxicants in their possession, whether on the person or in the luggage, packages or other containers that is in their possession when coming into the First Nation Territory of Poplar Hill. 6(2) - following a declaration of the person or a failure to declare under subsection 6(1), a special constable, band constable or peacekeeper who believes on reasonable grounds, that the person is contravening subsection 2 or 3 of this By-Law. 6(2)(A)- detain that person for a period of time sufficient to conduct a search for any intoxicants on the person 6(2)(B)- detain any luggage, bags, packages or containers that the person is bringing onto Poplar Hill First Nation for a period of time sufficient to conduct a proper search for any intoxicants contrary to subsection 3 of this By-Law 6(2) (C) - anyone who has intoxicants in their possession shall be reported to the band council of Poplar Hill First Nation Furthermore: ALL THE CHANGES AND UPDATING OF THIS BY-LAW IS APPROVED BY THE BAND COUNCIL OF POPLAR HILL FIRST NATION. DATED M /i V 7-fA___________________ 1996.
1+ Chronological No. - Numero.consecutif Indian and Northern 9 6 - âffeîrei fhdiSr&iÉs- 4 4 3 5 Affairs Canada et du Nord Canada File Reference - No. de ref. du dossier Indian and Inuit Affairs Affaires indiennes et inu'it BAND COUNCIL RESOLUTION RESOLUTION DE CONSEIL DE BANDE NOTE: The words "From our Band Funds" "Capital" or "Revenue", which ever is the case, must appear in all resolutions requesting expenditures from Band Funds. NOTA: Les mots "des fonds de notre bande "Capital" ou revenu" selon le cas doivent paraître dans tou tes les resolutions portant sur des dépenses a meme les fonds de bandes. THE COUNCIL OF THE Current Capital Balance $ LE CONSEIL DE LA BANDE INDIENNE POPLAR HILL FIRST NATIOI*J Solde de capital AGENCY\DISTRICT SIOUX LOOKOUT Committed - Engage $ PROVINCE ONTARIO Current Revenue balance Solde de revenu $ PLACE POPLAR HILL, ONTARIO Committed - Engage $ DATE 01 05 96 Day-Jour Month-Mois Year-Annee DO HEREBY RESOLVE: That a Band Constable or Peacekeeper By-law is in place for all B.C.’s or Peacekeeper working within the First Nation Territories of Poplar Hill. Whereas; the Chief & Council of P.H. consider it necessary for special measures for the protection of the citizens of the F.N.T. of P.H. from its presence or use of intoxicants. Furthermore; this By-law resolution is made in special consideration for those residents of P.H. who are supplying others with intoxicants, or conducting drinking parties in this residence which is expressly forbidden in the F.N.T. of Poplar Hill. Whereas; the P.H. F.N.T. Peacekeepers shall use whatever means necessary to gain access to any and all properties in P.H. F.N.T. to conduct search & seizures where it is believed on reasonable grounds that a contravention of the P.H. By-laws is being committed Whereas; the P.H. F.N.T. Peacekeepers acting in accordance with P.H. F.N.T. By-laws have the authority to conduct searches & seizure of contraband such as any intoxicants, with or without resident(s) permission to prevent the continuation of the breach of P.H. By-laws. Furthermore; If Peacekeepers do use force to gain access to a property in the F.N.T. of P.H. they will immediately report back to the Chief & Council of why the use of force was necessary. ‘(Councillor - counselfer)‘ (Councillor - counselfer) (Coùnclllor " counseller) (Councillor - coünsëlfër) (Councillor - coünsëlfèr) ( Co un ci Ho r' - cbünsël r) F O R D E P A R T M E N T A L U S E O N L Y - R E S E R V E A U M IN IS T E R E 1. Band Fund Code 2. C O M P U T E R B A LANCES - S O L D E S D O R D IN A T E U R 3. Expenditures 4. Authority 5. Source of Funds Dépenses Source de fonds Code du com pte de band Indian Act A. Capital B. Revenue - Revenu Section Capital Revenue 6. Recommended - Recommendable Approved - Approubable Recommending Officer - Recommance par Date Approving Officer - Approuv » par
Indian and Northern Affairs Canada 9 6 - 0 5 - 1 6 REF: 4436 Indian and Inuit Affairs BAND COUNCIL RESOLUTION NOTE: The words "From our Band Funds "Capital" or "Revenue", which ever is the case, must appear in all resolutions requesting expenditures from Band Funds. THE COUNCIL OF THE POPLAR HILL FIRST NATION AGENCY\DISTRICT SIOUX LOOKOUT PROVINCE ONTARIO PLACE POPLAR HILL, ONTARIO DATE 07 05 96 Day-Jour Month-Mois Year-Annee Subject: Poplar Hill First Nation Offence Certificate Whereas: There is a need for effective enforcement for penalizing those who chose to violate POPLAR HILL FIRST NATION BY-LAWS, Whereas our community requires special measures to be taken to be effective, Whereas: the POPLAR HILL FIRST NATION Constables and Peacekeepers spend significant time in preparation of court briefs which often result in insignificant sentences while these resources could be better utilized on prevention and intervention projects for the community, Be it resolved: that ticketing of offenses, payable to the POPLAR HILL FIRST NATION, can and may be substituted for the regular court procedure at the discretion of the POPLAR HILL FIRST NATION Constables and Peacekeepers in consultation with the Chief and Council of Poplar Hill., Furthermore: that the ticket offense system that the individual upon violation of a Band By-Law will have the option of being issued a POPLAR HILL FIRST NATION Offence Ticket or be subject to criminal proceedings, Furthermore: that all tickets will have a number that will be unique to the said ticket and that the POPLAR HILL FIRST NATION will stamp the triplicate upon payment which will also act as a receipt for the violator or accused, (Councillor - cbü'nsëlfër)......................................... (Councillor - counsellor)................... '(Councillor - cbünsëlfër)' (Councillor - coünsëllër)' F O R D E P A R T M E N T A L U S E O N L Y - R E S E R V E A U M IN IS T E R E 1. Band Fund Code 2. C O M P U T E R BA LA N C ES - S O L D E S D 'O R D IN A T E U R Code du com pte de band A. Capital B. Revenue - Revenu $ $ 6. Recommended - Recommendable Recommending Officer - Recommance par Date Chronological No. File Reference - * / % 3 L? Current Capital Balance $ Committed - Engage S Current Revenue balance Solde de revenu $ Committed - Engage $ ....................(Councillor - coünsëllër)' '(Councillor - coünsëllër)' 3. Expenditures Dépenses 4. Authority 5. Source of Funds Source de fonds Indian Act Section $ Capital Revenue Approved - Approubable Approving Officer - Approuv a par
Chronological No. Indian and Northern Affairs Canada File Reference -Indian and Inuit Affairs BAND COUNCIL RESOLUTION NOTE: The words "From our Band Funds" "Capital" or "Revenue", which ever is the case, must appear in all resolutions requesting expenditures from Band Funds. THE COUNCIL OF THE Current Capital Balance $ POPLAR HILL FIRST NATION AGENCY\DISTRICT SIOUX LOOKOUT Committed - Engage S PROVINCE ONTARIO Current Revenue balance Solde de revenu s PLACE POPLAR HILL, ONTARIO Committed - Engage $ d a t e 07 05 96 Day-Jour Month-Mois Year-Annee Subject: Offence Certificate - P.2 Furthermore: that the accused person upon a guilty plea will make payable, within 15 days, on or before the expiry date marked on the ticket, to the POPLAR HILL FIRST NATION the required donation or the POPLAR HILL FIRST NATION will return to the Constables or Peacekeepers the unpaid ticket stub who will then create a court brief and a summons will be issued to the violator or accused, Furthermore: that the accountability will be in a ledger format that will include 6 columns: ticket # , donation amount, name of violator/accused, expiry date, paid or returned to Constables, and date of latter action, Be it resolved: that the following will be the scheduled set donations and penalties for offenses: 1- INTOXICATION CHARGE $100.00 per charge contrary to Section 85-l(3)(B) of the Indian Act. 2- POSSESSION CHARGE $100.00 per charge contrary to Section 85-1 (3)(A) of the Indian Act. Furthermore: the Chief and Council reserve the right to invoke alternate arrangements for payments schedules, which will include assessment of income maintenance of a said household, so as to alleviate undue hardship. Furthermore: any person that is not a resident of POPLAR HILL FIRST NATION community shall be subject to prosecution under the provisions of our By-Laws, and one letter of warning will be issued to repeat offenders prior to their eviction from our FIRST NATION TERRITORY at their own expense, in the form of a Band Council Resolution. Furthermore: ALL THE MATERIAL IN THI M S B A A Y N D COUNCIL RESOLUTION IS FULLY APPROVED BY ALL ON THE BAND COUNCIL. DATED 7 h ______________ _______ OF 1996. (Councillor - co'unsëllër) '(Councillor - 'counsellor)' (C'ouncillor - counselr)' (Councillor - co'unsëllër) (Councillor' '-' counsëllër)* (Coiinclllor cbünsëllè'r )’ FOR D EPARTM ENTAL USE O NLY - R ESER VE AU M IN IS TER E 1. Band Fund Code 2. C O M P U T E R BALANCES - S O L D E S D 'O R D IN A T E U R 3. Expenditures 4. Authority 5. Source of Funds Dépenses Code du com pte de band Indian Act Source de fonds A. Capital B. Revenue - Revenu Section $ $ Capital Revenue $ 6. Recom m ended - Recom m endable Approved - Approubable Recommending Officer - Recommance par Date Approving Officer - Approuv > par
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