APR 07 ’ 9 13:58 FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P .04/12 By-Law No. 1998.2 of the Constance Lake First Nation A By-law for the Regulation of Traffic and Being a By-law to repeal and replace By-Laws No. 1, 1 (A), 5 and 6 Enacted on the _ _ _ _ _ day o f___________ 1998 WHERÏ IS the Council of the Constance Lake First Nation desires to make a by-law govern! »g the regulation of traffic; AND .1EREAS the Council of the Constance Lake First Nation is empowered to make such Maw pursuant to paragraphs 81 (1) (b), (q) and (r) of the Indian Act: AND .1EREAS it is considered to be expedient and necessary for the safety and conver jnce of the inhabitants of the Constance Lake First Nation to regulate traffic on the “serve; AND 4EREAS the Council did enact By-Law No. 1, 1 A , 5 and 6 effective April 21, 1965. Mly 15, 1967, April 27, 1979 and August 27, 1979 and wishes to repeal the said 8y| Laws No. 1 and replace it with this by-law; NOW IEREFORE the Council of the Constance Lake First Nation makes the following by-law:] Short 1 . bis by-law may be cited as the Constance Lake First Nation Traffic By-Law No. 1 Interbred 2. Irfthis by-law, ’access foad” means a drivewa, (a| that is situated on leased land, on land that is subject to a certificate of possession or a certificate of occupation, or on land that is otherwise in private occupation, and (b| that leads from a reserve road and is used to provide access from such road to such land; and in respect of which no invitation to pass has been extended to the general public by the person in possession or occupation thereof; Page 1 of 7
RPR 0? S i 13=58 FR INDIAN AFFAIRS THBAY 80? 623 7021 TO 18199970034 P .05/12 By-Law No. 1998.1 of the Constance Lake First Nation A B y - lw for the Regulation of Traffic and ■ Being 1 By-law to repeal and replace By-law No. 1, 1 (A), 5 and 6 "A dmmisTrator" means the person appointed by the Council pursuant to section 4 to act as administrator of this by-law; "Sanc/I means thie Constance Lake First Nation Band "Courmir means the Council of the Constance Lake First Nation Band; "highvmy" has the same meaning as in Highway Traffic Act in Ontario; ”motom vehicle " means a vehicle the operation of which on a highway requires a licencelor permit under the Highway Traffic Act of Ontario; "officeK mean any police officer, police constable, peacekeepers or other person charge! with the duty to preserve and maintain the public peace, and a by-law enforcanent officer or any other person appointed by the Council for the purpose of majnta&ing law and order; "operator's licence" means a licence to operate a motor vehicle issued or accepted as valid urlier the Highway Traffic Act of Ontario; Vese/vl" means,the reserve of Constance Lake First Nation Band and includes the Band's Reserve No. 92 (182); "reservmroad" means a road or other way situated on the reserve which is designed and intended for, or used for, the passage of vehicles; "traffic montro! device" means any sign, marker or mechanical or electrical device désigné! for the purpose of regulating traffic; "vehid means a device by which a person or thing is or may be transported or drawn, ith r r than a c’evice designed to be moved by human pc wer alone. Adminiswator 3. (1 ) T ie Council shall, by resolution, appoint an Administrator of the Constance Lake Filst Nation Band Traffic By-law. (2) Tile Council may, in resolution, provide for reasonable remuneration to be paid tofthe Administrator; Page 2 of 7
APR 07 ’ 9! 13-‘58 FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P .06/12 By-Law No. 1998.1 of the Constance Lake First Nation A By-la v for the Regulation of Traffic and Being By-law to repeal and replace By-law No. 1, 1 (A), 5 and 6 (3) ' le Administrator shall be responsible for the recovery of fine payments. F ovide receipts. .... Licence 4. ft o person shall operate a motor vehicle on a reserve road unless he holds a s ibsisting operator's licence of a class appropriate to the category of motor -v ihicle operated. Insuran 5. ho person shall operate a motor vehicle on a reserve road unless a valid ii surance policy has been issued for the motor vehicle, such as would be r quired by the Highway Traffic Act of Ontario to operate the motor vehicle on a highway. Possesi on of Licence and Proof of Insurance 6. (1) 4 person shall have in his possession at all times while operating a motor ihicle on a reserve road his operator's licence; 2l the certificate of registration of the motor vehicle; and 3. proof of a valid insurance policy for the motor vehicle. (2) Every person who is in possession or control of a motor vehicle shall produce exhibit hiss operator's licence, registration and proof of motor vehicle . iifurance upon being requested by an officer to do so. Safety 7. (1) l i e safe speed limit for a reserve shall be 30 km per hour; (2) IS 3 person shall operate a vehicle on a reserve road at a rate of speed which re iders it unsafe to pedestrians, other vehicles and other living creatures. Rules of the Road 8. (1) A person shall not operate a vehicle on a reserve road I without due care and attention; Page 3 of 7
13:58 FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P .07/12 APR 07 ’ 9î by-Lav No. 1998.1 of the Constance Lake First Nation «I A By tj wv for the Regulation of Traffic and Being By-law to repeal and replace By-law No, 1, 1 (A), 5 and 6 ») without reasonable care and consideration for other persons on the reserve road; or i) at a speed that is excessive relative to road, traffic, visibility and weather conditions. (2) Ih e operator of a vehicle shall keep to the right hand half of a reserve road, <cept when overtaking and passing a vehicle proceeding in the same direction; when the right hand half of the reserve road is closed for traffic while under construction or repair; or where jnecessary because of the operation of road grading or snow removing equipment. (3) T|ie operator of a vehicle-on a reserve road shall not cause or permit the vehicle follow anothèr vehicle more closely than is reasonable and prudent, having rigard the speed of the vehicles and the amount and nature of the traffic on, a id the condition of, the road. (4) 1 le operator of a vehicle on a reserve road shall not pass or attempt to pass a iQther vehicle travelling in the same direction ( when proceeding uphill; (I when on a curve; or (< when approaching within 30 metres of another road or a railway crossing. (5) T e operator of a vehicle on a reserve road shall, before turning the vehicle, si nal his intention to do so by giving the signal in sufficient time to provide sonabie warning to other persons. (6) T e operator of a vehicle about to enter a reserve road from an access road si ail yield the right of way to traffic on the reserve road being entered upon, ui ess a traffic control device otherwise directs. Duties o the Operator 9. (1) T operator of a vehicle on a reserve must bring the vehicle to a stop when on ered to do so by an officer. Page 4 of 7
APR 0? 9‘ 13:59 FR INDIAN AFFAIRS THBAY 80? 623 7021 TO 18199970034 P .08/12 By-Lav No. 1998.1 of the Constance Lake First Nation A By-I for the Regulation of Traffic and Being < By-law to repeal and replace By-law No. 1, 1 (A), 5 and 6 (2) he operator or any other person in charge of a vehicle that is directly or idirectly involved in an accident on a reserve road shall ) remain at or immediately return to the scene of the accident; j) render all reasonable assistance to anyone injured in the accident; and :) produce in writing to any other operator involved in the accident or to anyone sustaining loss or injury and, on request, to an officer (!) the name, address and telephone number of the operator, (ii) the name, address and telephone number of the registered owner of the vehicle, (Hi) the licence number of the vehicle, and (tv) particulars of any insurance policy on the vehicle, or such of that information as is requested. (3) ' he operator or any person in charge of a vehicle that collides with an i nattended vehicle on a reserve road shall ) stop, >) locate and notify in writing the person in charge of or owner of the unattended vehicle, or leave a written notice on the vehicle containing (I) the name, address and telephone number of the operator, (ii) • ’ the name, address and telephone of the registered owner, and (ill) the licence number of the vehicle. (4) fhere a vehicle that is operated on a reserve road causes injury to a person or amage to property exceeding $500.00, the operator thereof shall report the ijury to an officer or to the Administrator, and shall provide a report in writing requested. School Sus 10(1)1 a vehicle beat ing the sign "SCHOOL BUS" and displaying ilternat vely flasing r id lights is stopped on any reserve road, or on any access road, the operator (F a vehicle approaching the school bus from either direction on a reserve road i tall stop before reaching the school bus. (2) T le operators of school buses and of vehicles in the vicinity of a stopped school I: js shall comply with the Highway Traffic Act of Ontario respecting the ( aeration of school buses and vehicles in the vicinity of school buses. Page 5 of 7
APR 07 ’ 9fl 14:39 FR INDIAN AFFAIRS THBAY S07 623 7021 TO 18199970034 P .03/05 By-Law Iw . 1998.1 of the Constance Lake First Nation A By-lavJfor the Regulation of Traffic and Being a Ey-law to repeal and replace By-law No. 1, 1 (A), 5 and 6 Eauipmd 11. person shall operate, on a reserve road, a vehicle that is a dangerous or un fe condition, or a motor vehicle that is not equipped as required by the Hi >way Traffic Act of Ontario for operation on a highway. Offence id Penalties 12. A arson who contravenes, or who otherwise fails to comply with any provision of his by-law, commits an offence and is liable to summary conviction to a fine no exceeding $ 1.000.00 or to imprisonment for a term not exceeding 30 days, or. :o both. Page 6 of 7
APR 07 ’ 9« 13:59 FR INDIAN AFFAIRS THBAV 807 623 7021 TO 18199970034 P .09/12 By-IL a No. 1998.1 of the Constance Lake First Nation A By- iw for the Regulation of Traffic and Being i By-law to repeal and replace By-law No. 1,1 (A), 5 and 6 Renea (The f allowing section is to be incorporated into this by-law only if you already have a by-li w regulating traffic in place for your community that you wish to repeal.) 13. ly-laws No. 1 (A), 5 & 6 regulate traffic, be and the same hereby repealed, This y-law is hereby made at a duly convened meeting of the Council of the Consl irice Lake First Nation this f ̂ day of fAcLAcU 1998. Votin in favour of this by-law are the following members of the Council: c.ÿpA-tj (Member of the Council) (Member of tnl^tCouncil) £ sd . (Mdmbier of the Council) (Member of the Council) d, jAcJLr---V (Member of the Council) (Member of the Council) being the majority of those members of the Council of the Constance Lake First Nation press it at the aforesaid meeting of the Council. The < Jorum of Council is 4 members. No. members of the Band Council present at this meeting: I, hjfiütt*» Chief/Councillor of the Constance Lake First Nation Band _ . 9 _ . 0 . # . _ a * | _ >■ J . ■ à do h&eby certify that a true copy of the foregoing by-law was mailed to the Minister of Ini iàn Affairs and Northnm Devel apment at the District/Regional/Hull office (as the case nay be) pursuant to subsection 82 (1 ) of the Indian Act, this day of M 1993. (Witness) (Chief/Councillor) Page 7 of 7
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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.