Part II - Enacted First Nations Legislation

Decision Information

Decision Content

toG./T-S'-W BIG GRASSY BAND BY-LAW NO. 1A-78 (1) This By-law may be cited as the TRESPASSING BY-LAW. (2) This By-law is made pursuant to paragraphs (c), (d), and (p) of section 81 of the Indian Act. (3) The purpose of this By-law is to provide for the removal and punishment of persons trespassing upon the Reserves or any of the Reserves, or any part or parts thereof of Big Grassy Band. (4) The Big Grassy Band Council hereby enacts the following as a By-law: 1. Any person, not being a member of the Band, who has been convicted of trespassing on the reserve under S. 30 of the Indian Act or By-law No. 1, may be ordered to vacate the reserve and remain off the reserve by resolution of the Band Council. 2. The Band Council may upon application by either the person whom an order has been made pursuant to S. 4 (1) or by any Band member by resolution, authorize that person to enter the Reserve subject to such conditions as the Band Council may prescribe in that resolution, but such an authorization should not be deemed to confer to that person any right to the possession or occupation of lands in the reserve. 3. The Band Council may, by resolution revoke any order made pursuant to section 4(1) or any authorization made pursuant to section 4(2). (5) 1. Notice in writing of an order made pursuant to S. 4(1) shall be served on the person against whom the order is made. 2. Service of the notice may also be effected by serving a copy of the notice with any adult person residing on the reserve who knows the person against whom the order has been made, or by posting a copy of the notice in a conspicuous place on any land or building on the reserve which the person is likely to frequent. _2
2. . . (6) Every person not a member of the Band, against whom an order has been made pursuant to section 4(1), who without lawful excuse or authority, remains on, returns to, or frequents the reserve at any time after the expiry of 5 days from the date of the service of the notice required by S. 5(1) is guilty of an offence and is liable on Summary Conviction to a fine not exceeding $ 100 or to imprisonment not exceeding 30 days or to both fine and imprisonment (7) This By-law was approved and passed at a meeting of the Band Council held on the 16 day of November, 1978. "Fred Copenace" , Chief "Albert Comegan Jr." , Counsellor Counsellor Counsellor
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