Part II - Enacted First Nations Legislation

Decision Information

Decision Content

The Cminoll of tho Iroquois of 8T# Regis Band of Indians at a meeting hald this iWutteentfo of December 1964, auücoa tho following by-law pursuant to paragraphs (f), (1) and (q) of section 00 of tho India» Aot. Rjr-law Mo* 5 A by-law to provide for tho construction and jaelntenanoe of a waterworks «gratae and appurtenances thereto and for tho payment of water rates and to regulate tho usa of water supplies* -1* I» this by-law» (a) "band* mean* tho Iroquois of 8t* Regia Band of Indians (b) "oouncil* «sans tho Counoil of tho Iroquois of Rt* Regis Band of ItitftftMi (o) "owner* includes a person who occupies or resides on any lands as s locates, tenant, licensee or permittee» (d) "ssrvloe oonnootion* means tho service pipes, fittings end valvea laid, const mated or installed or that nay ha laid, constructed or installed by tho water ccnulssioner to tho lot line of tho applicant pursuant to an application for water services under this by-law and includes an y replaça- neat or extension therof node at any tine or fron tine to tine» (o) "water comnlssioner" weans tho person designated ae such ty tho council from tine to timet and (f) "waterworks eyaten" neane the voter distribution and puny ay ateas laid, constructed and installed on St* Regia Indian Reserve and any extension or replaçassent thereof wade at any time or from time to tine and includes all service connections* 2* An application for a supply of water fron the waterworks system nay be entertained by the Council between April ljth and Koveaber ljth in any year* 3* Where an owner of lande used or occupied far the purpose of a cottaga site, business or oosmercial enterprise or whsre an owner, other than a band nesiber, of lu ids used or occupied for the purpose of residence, requires a supply of water from the water system he shall» (a) nake a written application to the Council, and (b) deposit with the Council fox application towards the ooet of construction of the correction, the sun of fifty dollars* 4* there a Member of tho band - en owner of land uaed for residential purposes - requires a supply of water from the water system, he shall» (a) stake a written application to tho Council, and (b) deposit with the Counoil for application to yards the cost of construction the sum of fifty dollars*
V ** 2 ** 5» Where an application for a supply of water fro* tho waterwork* qrst«a is not approved by tho Counoil, tho deposit shall bo returned to tho applicant. 6. (a) Where an application by an owner pursuant to section 3 , hereof has been approved by the Counoil 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 lot line of such owner the required service connection. (b) Where an application by an owner pursuant to section 4 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 lot line of such owner the required service connection and «ay with the approval of the Council provide free of charge to the applicant up to fifty feet of copper line of the proper sise as determined by the water commissioner* 7. A water service connection shall be of a sis# not smaller than ( ?/8M inches nor longer than ( l£" ) inches which aise shall be determined by the water commissioner. 8. A single service connection shall not be connected with two or more buildings except with the consent of the water commissioner. 9. Every owner who ie to receive a supply of water from the waterworks system shall install such fittings, pipes, tape amd plumbing fixtures in, under and about his premises which, in the opinion of the water commissioner, are necessary to receive and control the water conveyed from the waterworks system. 10. Where an owner has complied with all the provisions of this by-law, tho water commissioner shall turn on the water to the premises of such owner. 11. Every owner shall repair and maintain and keep repaired and maintained all fittings, pipes, taps and plumbing fixtures installed pursuant to Section 9. 12. Wo owner shall install any pipes, fittings, taps and/or plumbing fixtures in or about his premises for the purpose of receiving water from the waterworks system unless such pipes, fittings, tape and plumbing fixtures have been approved by the water commissioner.
- 3 -(X) The water commissioner may enter the premises of any owner connected to the waterworks system for the purpose of inspecting the pipes, fittings, tape and plumbing fixtures* (2) If the water commissioner if of the opinion that the pipes, fittings, tape and plumbing fixtures in or about the premises of spy owner are defective or are in need of repair) or that additional fittings or plumbing fixtures are required to receive or control the water or prevent frost damage to tho service connection he shall serve upon the owner a notice in writing to correct the condition* (3) The notice referred to in subsection (2) shall state a reasonable time within whioh the owner is to correct the condition referred to in the notice* ( 4 ) Wheret (a) the notice referred to in subsection (2) has been served on the owner, and (b) in the opinion of the water oaniiseloner the owner has not corrected the condition referred to in the notice the water ccmniseioner may turn off the supply of water to the premises of the owner until such tins as the connection has been oorreoted. (1) In this section "year" means the period commencing the J & h j i a y o f Hay and ending the 14th _ofr Hay,, immediately following* (2) Water rates shall be paid to the Council on or before the commencement of each year* (3) Where a service connection is laid and constructed pursuant to an application Bade pursuant to section 3 and 4 hereof and the premises of the owner is equipped to receive and control water frca the water supply system the owner shall pay to the Council prior to the turning on of the water by the water commissioner a proportion of the water rate based on the number of days remaining to ths 14th day of Hay immediately following* The following water rates shall be paid to the Council each years (a) by an owner, who ie a member of the band, of lands used or ocoupled entirely for residential purposes..*.**.••*«$30*00 (b) by an owner of lands, other than band membera, used or occupied for the purposes of, or in connection with a residence or eottage site.,*••..*.•..«.•••*••.••••«•••.•.*•$40*00
4 15 . («) by an owner of land* used for the purpose of, or in connection with tha operation of on offloo building, ,top ................................... ...... I 40.00 (d) by an owner of land* used for tha purpoM of, or in connection with tha operation of a restaurant, oafs or miok bar ......... . 45,00 (a) by an owner of lands used or occupied for tha purpose of, or in connection with, any business or 0 cone ratal enter** pria# not Mentioned abort, a rat# to be determined from tine to tine by * resolution of ths Council ••••••••••• (f) by on owner of lands used for or occupied for tho purpoeo of or in connection with a school............ $ 150.00 U . (1) If an owner neglects or refuses to pay water rates when duo tho water ecnnissloner msy turn off the water to bis premises, #2) If tho owner pays to the Council! (a) tho wu or rates in arrears, and (b) a service charge of five dollars for the turning on of tha water tbs water ecmUeloner shall turn on the water supply. 17. Every owner of lands used or oooupled for the purpose of or in connection with s cottage alto shall notify tho water ecmnlseloaer tho date upon which his cottage shall be dosed for the winter season and upon being so notified the water commis*loner shall turn off the water. 13. No owner shall waste or permit water oonvsysd to his premises firm the waterworks system to be wasted. 19. (1) No owner shall use or permit water conveyed to hie premise* from the waterworks system to be used for purposes other than domestic purposes without tho consent in writing of the water commissi an<*r. (2) In this section tho term •‘domestic purposes" doss not include irrigation purposes or lawn or garden watering. Tho Council or tho water commissioner shall not be liable to any owner or any other person for any damage to the property, lands, or buildings of any suoh owner or person a# the result of, or by reason of, .or occasioned or attributable to the turning off of tho water to the premise of the owner or the failure or breakdown of the water work* system.
5 21» Th* wator nowlaaloor xa/, for th* purf>o** of oonatruoting, repairing, Maintaining or *xt*nding th* w*t*jrwork* ay*t or Making any addition* th*r*to, shut *ff th* wator *wppJty ta th* proniao* of angr cam for *uoh period of tin* a* ho oonaldoro n*o*»&**7 to ocnjCLoto tho work* 22. All aarvic* f««a# chaise a and rate* oollaotad pursuant to thla by-law ahall# whan* r«quir*d# b«* expanded fay tho Gounoll for tho oonatruoti«n and naintonanoe of tho watorwark* «yston. COUNCILLOR COUNCILLOR CÜUHC1UÆR COUNCILLOR
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