Part II - Enacted First Nations Legislation

Indian and Northern Affairs Canada

C h ron olog ica l no. B a n d C o u n c il R e s o l u t i o n 476-2005-2006-057 F ile referen ce no.

476-2005-2006-035

NOTE: The words “from our Band Funds” “capital” or “revenue”, whichever is the case, must appear in all resolutions requesting expenditures from Band Funds. C ash free balance C a p ita l A c c o u n t T h e C o u n c il o f ijj^Chippewas of Mnjikaning First Nation $ Date of duly _ _ , . _ Province R e v e n u e A c c o u n t convened meeting March 17, 2006 ONTARIO $ DO HEREBY RESOLVE: WHEREAS Chief and Council met on August 24, 2005 at a duly convened meeting and unanimously passed Band Council Resolution No. 476-2005-2006-035 thereby adopting changes to the Land Use & Development Bylaw to update the building process and to consolidate the various land use and building related by-laws, currently known as “By-Law #79-10 as amended”;

AND WHEREAS further amendments are required to the Bylaw to address current permitted land uses and to further clarify the terms of the Bylaw;

AND WHEREAS such revisions have been addressed through a revised Land Use & Development Bylaw which shall consolidate Bylaws 95-21, 95-22 and 79-10 as amended;

BE IT SO MOVED by a quorum of Chief and Council to hereby enact Land Use & Development By-Law 06-01, by the Band Council Resolution No. 476-2005-2006- 057.

«Carried”

Quorum: Four ( ÿ b / L t i J À é -g ^ r ^ A . Chief Sharon Stinson Henry / ! Councillor Rodney Noganosh Councillor Robert Stinson Councillor Byron Stiles Councillor George St. Germain Councillor Ellis Snache F O R D E P A R T M E N T A L U S E O N L Y

E x p e n d i tu re A u th o rity ( In d ia n A c t S o u rc e o f fu n d s E x p e n d i tu re S ec tio n □ C ap ita l ED R e v e n u e R e c o m m e n d in g O ff ic e r R e c o m m e n d in g O f f ic e r S ig n a tu re D a te A p p ro v in g O ff ic e r A p p ro v in g O f f ic e r S ig n a tu re D a te

A u th o rity ( In d ia n A c t S o u rc e o f fu n d s S e c tio n □ C ap ita l ED R e v e n u e S ig n a tu re D a te S ig n a tu re D a te

C H IPPEW AS O F M NJIKANING FIR S T N A TIO N Being a band within the meaning of the Indian Act

M NJIKANING F IR S T NATION LAND U S E AN D D E V E LO P M E N T B Y -LA W No. 79-10 as amended Being a By-law to regulate the use and development of land and the character and use of buildings on the Mnjikaning First Nation Reserve No. 32

Whereas Paragraphs (f), (g), (h), (i), (1 ), (n), (q), and (r) of Section 81 of the Indian Act empower the Council of a band to make By-Laws respecting the use and development of land and the imposition of a penalty for the violation thereof; And whereas Section 87 of the Indian Act exempts the property of a band and its members in reserve lands and other property from provincial and federal taxation; And whereas it is deemed to be necessary to control residential, commercial and industrial development for the benefit, safety and welfare of the inhabitants of the Mnjikaning First Nation Reserve; And whereas it is recognized that By-Laws 79-10,95-21 and 95-22 should be updated to reflect the current circumstances of the Mnjikaning First Nation;

And whereas it is recognized that the operation of Casino Rama commenced on the Mnjikaning First Nation Reserve on July 31, 1996 and has continued since that date;

And whereas it is recognized that the development and operation of Casino Rama are governed by, among other things, the Amended and Restated Development and Operating Agreement, originally dated March 18, 1996 and amended April 15, 1996 and June 12, 2000 (“DOA");

And whereas under Sections 3.1 (a), 3.3 and 3.4 of the DO A, C H C Casinos Canada Ltd. (“the Operator”) is retained and appointed by Mnjikaning First Nation, among other things, to operate and maintain Casino Rama in accordance with Operating Policies approved by Mnjikaning First Nation thereunder;

And whereas the Operator has had, and will continue to have, occasion to apply for building permits with respect to Casino Rama, and that in that regard Mnjikaning First Nation and the Operator jointly developed and agreed upon a Building Department Permit Process Outline dated February 1,2001 which recognized Mnjikaning First Nation as the owner of the capital assets comprising the Casino Rama Complex and provided for a clear, efficient and proper process with respect to these applications be followed, and it is desirable that that process be formally recognized and adopted in the terms of this By-Law;

And whereas it has also been recognized that Casino Rama provides community services to Mnjikaning First Nation, its members, and the Mnjikaning First Nation Reserve No. 32 in terms of income and employment, so as to qualify for exemption from provincial and federal sales taxes, and it is desirable to maintain such exemption in order to comply with the policies and directions reaffirmed by Mnjikaning First Nation in B.C.R. #112 and to realize the founding objectives of Casino Rama in maximizing the revenues available to Ontario First Nations from its operation;

Now therefore the Council of the Chippewas of Mnjikaning First Nation CERTIFIE iis by-law to amend By-Laws 79-10, 95-21 and 95-22 as follows: “K u r c t i b Ü Lynda E. Clarke "Commissioner for taking o f Oæîî Pursuant o f Paragraph 108(a) Page 1 of 19 o f the Indian AcL®

CHIPPEW AS O F M NJIKANING FIR S T N A TIO N Being a band within the meaning of the Indian Act

M N JIKANING F IR S T N ATIO N LAND U S E AND D E V E LO P M E N T B Y -L A W No. 79-10 as amended Being a By-law to regulate the use and development of land and the character and use of buildings on the Mnjikaning First Nation Reserve No. 32

Whereas Paragraphs (f), (g), (h), (i), (1), (n), (q )r and (r) of Section 81 of the Indian Act empower the Council of a band to make By-Laws respecting the use and development of land and the imposition of a penalty for the violation thereof; And whereas Section 87 of the Indian Act exempts the property of a band and its members in reserve lands and other property from provincial and federal taxation; And whereas it is deemed to be necessary to control residential, commercial and industrial development for the benefit, safety and welfare of the inhabitants of the Mnjikaning First Nation Reserve; And whereas it is recognized that By-Laws 79-10, 95-21 and 95-22 should be updated to reflect the current circumstances of the Mnjikaning First Nation;

And whereas it is recognized that the operation of Casino Rama commenced on the Mnjikaning First Nation Reserve on July 31, 1996 and has continued since that date;

And whereas it is recognized that the development and operation of Casino Rama are governed by, among other things, the Amended and Restated Development and Operating Agreement, originally dated March 18, 1996 and amended April 15, 1996 and June 12,2000 (“DO A”);

And whereas under Sections 3.1 (a), 3.3 and 3.4 of the D O A C H C Casinos Canada Ltd. {“the Operator”) is retained and appointed by Mnjikaning First Nation, among other things, to operate and maintain Casino Rama in accordance with Operating Policies approved by Mnjikaning First Nation thereunder;

And whereas the Operator has had, and will continue to have, occasion to apply for building permits with respect to Casino Rama, and that in that regard Mnjikaning First Nation and the Operator jointly developed and agreed upon a Building Department Permit Process Outline dated February 1,2001 which recognized Mnjikaning First Nation as the owner of the capital assets comprising the Casino Rama Complex and provided for a clear, efficient and proper process with respect to these applications be followed, and it is desirable that that process be formally recognized and adopted in the terms of this By-Law;

And whereas it has also been recognized that Casino Rama provides community services to Mnjikaning First Nation, its members, and the Mnjikaning First Nation Reserve No. 32 in terms of income and employment, so as to qualify for exemption from provincial and federal sales taxes, and it is desirable to maintain such exemption in order to comply with the policies and directions reaffirmed by Mnjikaning First Nation in B.C.R. #112 and to realize the founding objectives of Casino Rama in maximizing the revenues available to Ontario First Nations from its operation;

Now therefore the Council of the Chippewas of Mnjikaning First Nation C E R T ! F l E D by ,aw t0 amend By~Laws 79-10, 95-21 and 95-22 as follows: Lynda E. Clarke "Commissioner fer t&ku : o f Oat&t Page 1 of 19 Pursuant o f Paragraph I e f the India» AcL*

CH IPPEW AS O F MNJIKANING F IR S T N A TIO N Being a band within the meaning of the Indian Act

M NJIKANING F IR S T N A TIO N LA N D U S E A N D D EV ELO P M EN T B Y -L A W No. 79-10 as amended Being a By-law to regulate the use and development of land and the character and use of buildings on the Mnjikaning First Nation Reserve No. 32

S E C TIO N 1 -__________ T IT L E 1.1 This by-law shall be known as the Mnjikaning First Nation Land Use and Development by-law.

S E C TIO N 2 -__________ DEFINITIONS 2.1 "Accessory", when used to describe a use, building or structure, shall mean a use or a detached building or structure, that is naturally and normally incidental, subordinate and exclusively devoted to a principal use, building or structure and located on the same site therewith.

2.2 "Agricultural Use", shall mean the use of land, building or structures for the purpose of growing of field crops, flower gardening, truck gardening, berry crops, tree crops, nurseries, aviaries, apiaries, or farms for the grazing, breeding, raising, boarding or training of livestock or poultry on the same lot.

2.3 "Attached", shall mean a building otherwise complete in itself, which depends for structural support, or complete enclosure, upon a division wall or walls shared in common with adjacent building or buildings.

2.4 "Band Administrator", shall mean the Band Administrator of Mnjikaning First Nation.

2.5 "Band Council", shall mean the Council of the Mnjikaning First Nation elected pursuant to Section 74 of the Indian Act.

2.6 "Building", shall mean a structure which consists of at least a roof and main walls.

2.6.1 (a) "Accessory", shall mean a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

2.6.2 (b) "Main", shall mean the building employing the purposes for which the lot was purchased, leased or rented.

2.7 “Casino Rama” shall mean the Casino Rama Complex, including the Hotel Component and Entertainment Centre Component, built on the Mnjikaning First Nation Reserve, as those terms are defined and used in the DOA.

2.8 "Commercial Use", shall mean the use of any land, structure or building for the purposes of offices or retail buying or selling of commodities but shall RTIFIED T U K \7 I - & Clarke

"Commissioner for taking o f O a fe Page 2 of 19 Pursuant o f Paragraph 108(a) ©f the Indian AcL“ 4

o n irrc v v M O v jr M NJIKANING F IR S T N A TIO N Being a band within the meaning of the Indian Act

M N JIK A N IN G F IR S T N A TIO N LA N D USE AND D E V E L O P M E N T B Y -L A W No. 79-10 as amended Being a By-law to regulate the use and development of land and the character and use of buildings on the Mnjikaning First Nation Reserve No. 32

not include use for warehousing, wholesaling, manufacturing or assembling of goods.

2.9 "Cottage, Summer", shall mean a building which does not conform to all the requirements of Section 4 for single family dwellings and is being used, or designed to be used, as a residence only between the 1st days of May and October 31st in each year.

2.10 “DOA” shall mean the Amended and Restated Development and Operating Agreement originally dated March 18, 1996 and amended as of April 15, 1996 and June 12,2000 between Chippewas of Mnjikaning First Nation, the Ontario Lottery and Gaming Corporation and C H C Casinos Canada Ltd.

2.11 "Dwelling", shall mean a building occupied or capable of being occupied throughout all seasons of the year as a home or residence by one or more persons.

2.12 "Dwelling, Single Family", shall mean a building accommodating not more than one dwelling unit for the use of one family only.

2.13 "Erect", shall mean (with reference to a building or structure) to build, alter, constructor reconstruct, and the removal of any structure, from one lot and relocation of it on another lot, and any physical operation, such as excavating, filling or draining preparatory to building construction or reconstruction.

2.14 "Existing", shall mean existing, as at the date of enactment of this by-law. 2.15 "Floor Area", shall mean the sum total area of a floor or floors in the building on a lot measured from the exterior walls or from the centre line of the common walls separating two buildings, but not including the floor areas of basements, attached garages, sheds, open porches or verandas.

2.16 "Forestry Uses", shall mean the general raising and harvesting of wood and without limiting the generality of the foregoing shall include the raising and cutting of fuel wood, pulp wood, lumber, Christmas trees and other forest products.

2.17 "Frontage", shall mean the width of a site between the side lines of a site measured along a line at right angles to the centre line of the site and at the minimum distance from the front of the site permitted for the erection of buildings by this by-law.

Lynda E. Clarke "Commissioner far ?akii;§ o f 0&fÜ39 Pursuant o f Paragraph i 08(a)

©f the Indian A c L “ __/ Page 3 of 19

UHIKHfcWAS O l- MNJIKANING F IR S T NATION Being a band within the meaning of the Indian Act

M N JIKAN ING F IR S T N A TIO N LA N D U SE A N D D E V E L O P M E N T B Y -L A W No. 79-10 as amended Being a By-law to regulate the use and development of land and the character and use of buildings on the Mnjikaning First Nation Reserve No. 32

2.18 “Head of the Building Department” shall mean the person appointed as the Head of the Mnjikaning First Nation Building Department or if there is no Head of the Building Department, the Band Administrator.

2.19 "Herein", shall mean in this by-law and shall not be limited to any particular section of the by-law.

2.20 "Home Occupation", shall mean an occupation, trade, business, profession or craft carried on as an accessory use to the use of a dwelling provided the dwelling is the private residence of the person carrying on the occupation, trade business, profession of craft.

2.21 "Industrial Use", shall mean any establishment involved primarily in processing or manufacturing activities, and so defined shall include transportation, wholesaling, storage and shipping activities.

2.22 "Institutional Use", shall mean any organized body or society involved primarily in providing for non-commercial purpose a particular object.

2.23 "Landscaping", shall mean the planting of grass and/or sod, for the purpose of improving the amenities of a development.

2.24 "Lot”, means any parcel of land, right of way or easement, whether such parcel, right of way or easement is described in a registered deed or shown on a registered plan of subdivision.

2.25 "Lot Area", shall mean the total horizontal area within the lot lines of a lot, excluding the horizontal area of such lot covered with water or marsh.

2.26 "Lot Frontage", shall mean the horizontal distance between the side lot lines measured at right angles but where such lot lines are not parallel, the frontage shall be the distance between the side lot lines measured along the building line.

2.27 "Lot Line", means any boundary line of a lot. 2.28 "Lot Line, Front", shall mean the lot line that divides the lot from a street, provided that in the case of a corner lot, the shorter of the-two lot lines that abut a street shall be deemed to be the front lot line and the longer lot line that so abuts shall be termed the flankage of the lot.

2.29 "Lot Line, Rear", shall mean the lot line opposite the front lot line. "Lot Line, Side", shall mean any lot lines other than the front lot line and the rear lot line.

Lynda E. Clarke "Commissioner for taking ©f OsivS Page 4 of 19 Pursuant o f Paragraph 108(a) o f the Indian AcL® J ,

o n iK K tW A îj U h M NJIKANING FIR ST N A TIO N Being a band within the meaning of the Indian Act

M N JIKANING F IR S T NATIO N LA N D U S E A N D D E V E LO P M E N T B Y -LA W No. 79-10 as amended Being a By-law to regulate the use and development of land and the character and use of buildings on the Mnjikaning First Nation Reserve No. 32

2.31 "Main Building", means the building in which is carried on the principal purpose for which the building lot is used and in a residential zone the dwelling is the main building.

2.32 "Mobile Home", shall mean any vehicle so constructed that is suitable for being attached to a motor vehicle for the purpose of being drawn and is capable of being used for living, sleeping and eating accommodation of persons, notwithstanding that such vehicle is jacked up or that its running gear is removed.

2.33 "Obnoxious Use” means uses which are obnoxious or offensive by reason of their emission of odour, smoke, dust, noise, gas, fumes, vibrations, or refuse matter, and shall include offensive trades as defined by the Public Health A ct

2.34 "Outside Storage", shall mean storage or display of goods, merchandise or equipment outside of a building or structure on a lot or portion thereof.

2.35 "Person", shall include an individual, an association, a chartered organization, a firm, a partnership, or a corporation.

2.36 "Reserve", means the lands contained within the Mnjikaning First Nation Reserve No. 32, which are vested in Her Majesty and have been set apart by Her Majesty for the use and benefit of Mnjikaning First Nation.

2.37 "Residential Use", shall mean any use of a dwelling for living, sleeping and eating accommodation of persons.

2.38 "Site", shall mean a parcel of land or several contiguous parcels of land used or occupied, or to be used or occupied for a permitted use, or a building and accessory buildings and the area appurtenant to such buildings.

2.39 "Site Area", shall mean the total horizontal area within the limits of the site. 2.40 "Trade, Dangerous", shall mean the manufacturing and/or storage of coal, oil, kerosene, petroleum, fuel oil, burning fluids, naptha, benzol, benzene, gasoline, dynamite, nitro glycerine, gunpowder, or other cpmbustible, inflammable, or dangerous liquid or material, except where used in a subsidiary way for the manufacture of other industrial products.

Lynda E. Clarke "Commissioner for taking o f ‘ Pursuant o f Paragraph 108(a) ©f the Indian AoL*

Page 5 of 19

wt i uv*/Ao u r tviiNviitVMNlNli HKST NATION Being a band within the meaning of the Indian Act

M M JIKANING FIR S T N A TIO N LA N D U S E A N D D E V E L O P M E N T B Y -LA W No. 79-10 as amended Being a By-law to regulate the use and development of land and the character and use of buildings on the Mnjikaning First Nation Reserve No. 32

2.41 "Trade, Obnoxious", means industries which are obnoxious or offensive by reason of their emission-of odour, smoke, dust, noise, gas, fumes, vibrations or refuse matter, and shall include offensive trades as defined by the Public Health Act.

2.42 "Yard, means an open, uncovered space between a main building and a lot line.

2.42.1 "Yard, Front", means the space between the front lot line, and extending the full width of the lot.

2.42.2 "Yard, Side", means the space between the side lot line, and the nearest wall of any main building or structure, and extending from the front yard to the rear yard. In the case of a corner lot, the side yard on the street side of the said corner lot is referred to as the exterior side yard.

2.42.3 "Yard, Rear", means the space between the rear lot line, and the nearest wall of any main building or structure, and extending the full width of the lot.

2.43 "Zone", means a designated area of land use, shown on Schedule "A" of this By-Law.

S E C TIO N 3 -__________ G E N E R A L PROVISIONS 3.1 This By-Law applies to all of the Reserve the boundaries of which are shown on Schedule "A" to this By-Law. A R EA 3.2 The Minister of Indian Affairs and Northern Development is hereby requested to: M INISTER C O N S E N T (a) authorize a survey; (b) make any subdivision of Reserve lands CERTIFIED TRUE COPY (c) approve any lease, or the construction or repair 'fe|ndUL- (Je- of any building, or the establishment of a use; Lynda E. Clarke only where the survey or the subdivision or the lease or "Commissioner for taking o f the construction, repair use complies with this By-Law. Pursuant o f Paragraph 108(a) o f the Indian AcL® J, Page 6 of 19