BY-LAW NUMBER 19-A-03 OF CHIPPEWAS OF GEORGINA ISLAND FIRST NATION WASTE MANAGEMENT BY-LAW W HEREAS the Chippewas o f Georgina Island First Nation Council considers it to be expedient for the purpose o f protecting the well-being o f the residents o f the Reserve from the health hazards associated with the dumping o f waste and the indiscriminate o f fires to waste within the Chippewas o f Georgina Island; and AND W HEREAS paragraphs (a) (d) (q) and (r) o f section 81(1) o f the Indian Act R.S.C. 1985, empower the Council o f the Chippewas o f Georgina Islands to enact by-laws respecting the health o f the residents on the Reserve and for the prevention o f nuisances on the Reserve and any matter thereto, and for the imposition o f a penalty for a violation thereof, NOW THEREFORE the Council o f the Chippewas o f Georgina Island enacts as follows: 1. This by-law my be cited as the Chippewas o f Georgina Island Waste Management Bv-law. 2. In this by-law; a. “Council” means the Chippewas o f Georgina Island Council o f the Chippewas o f Georgina Island First Nation; b. “Composting” means the treatment o f material by aerobic decom position o f organic matter by bacterial action for the production o f stabilized humus, consistent with environmentally accepted methods; c. “Household waste” means materials disposed o f by individuals in the course o f their daily activities at home and by commercial businesses, as a result o f normal operating activities, excluding liquid industrial waste or hazardous waste; d. “Nuisance” means any act or activity that impairs by direct physical interference, the use enjoyment o f a person’s property or could prejudicially affect a persons health or comfort, including: i. the indiscriminate throwing or dumping o f household waste on roads and road allowances; ii. the abandonment o f cars, used household appliances and furniture, or parts o f cars, household appliances and furniture; iii. the storage o f used tires; iv. the em ission o f smoke from burning tires, construction material, household waste or waste. e. ”Officer” means any peace officer or any other person assigned by the Chippewas o f Georgina Island Council to enforce the provisions o f this by-law; f. “Reserve” means the tract o f land known as the Chippewas o f Georgina Island Indian Reserve Number 33 and 3 3 A; Waste Management By-law #19-A-03 l
g. “Resident” means a person who: i. has their principal residence on the reserve; ii. is authorized to reside on the reserve pursuant to the Indian Act: h. “Sanitary Landfill” means the area approved for the purpose o f waste disposal that com plies with the governing body o f Federal Acts and Regulations relating to waste disposal; i. “Waste” means waste other than household waste, including liquid and semi-liquid substances, landfill, construction, debris, scrap metal and scrap o f all kinds and any combination thereof. 3. No person shall, a. dump waste; b. store waste; c. operate a waste dump; d. facilitate the operation o f a waste dump; or e. set fire to waste 4. N o person shall transport waste onto the Reserve without a certificate o f transport issued by the Council. 5. A certificate o f transport shall specify, a. the type o f vehicle used to transport the waste; b. the date and route o f transport; c. the type and amount o f waste being transported; and d. any other appropriate condition as determined by the Council. 6. Anyone who is found creating or causing a nuisance is guilty o f an offence under this by law. 7. An officer may order any person who creates, causes or threatens to cause a nuisance on the Reserve to refrain from creating or causing the nuisance or to abate the nuisance within a reasonable time. 8. In determining a reasonable time in subsection (1) a court shall take into account; a. the nature and extent o f the nuisance; b. the methods available to abate the nuisance; c. the approximate time to abate the nuisance; and d. the availability o f resources o f the person subject to the order to abate the nuisance. 9. Everyone who is a resident o f the reserve may: a. transport to and dump household waste in an approved sanitary landfill site during the hours o f operation; b. store household waste for the purpose o f composting; c. subject to section 10, bum household waste on their property. 10. The burning o f household waste by a resident shall be done in such a manner so as not to impair by direct physical interference, the use and enjoyment o f a person’s property or prejudicially affect a persons health or comfort and shall be done as follows: Waste Management By-law #19-A-03 2
a. in a container such as a drum where the container is; i. cleaned o f any hazardous inner coating before initial use; ii. in good repair; iii. ventilated consisting o f hole punctured at the base o f the burning area; and iv. located in a clearing a reasonable distance from any structure or vegetation; v. so as not to cause harm to a neighbouring property; and b. material being burned shall be household waste that is dried and does not include food scraps or hazardous material such as paint, aerosol cans, etc.... 11. Where, at any time, an officer has reasonable grounds that a person is violating a provision o f this by-law, the officer may, on reasonable notice to that person, inspect the area where he/she believes the violation is occurring. 12. No person shall interfere with or obstruct an officer acting within the lawful execution o f his/her duties under this by-law. 13. Every person that contravenes any o f the provisions o f this by-law is guilty o f an offense and liable upon summary conviction to a fine not exceeding ONE THOUSAND DOLLARS ($1000.00) or imprisonment for a term not exceeding thirty days or both fine and imprisonment. 14. (1) Where this by-law is contravened and a conviction is entered, in addition to the remedy described in section 13 o f this by-law, the court in which the conviction has been entered, and any court o f competent jurisdiction thereafter, may make an order pursuant to section 81 (3) o f the Indian Act, at the demand o f the Chippewas o f Georgina Island Council. APPROVED AND PASSED at a duly convened meeting o f the Chippewas o f Georgina Island Council this O'7 day o f / ______, 2003. being the majority o f those members o f Council o f the Chippewas o f Georgina Island First Nation Band present at the foresaid meeting o f Council. The quorum o f the Council is 3 Members. N o. O f members o f the Band Council present at the meeting: 3 I , W illiam M. McCue, C hief o f the Chippewas o f Georgina Island First Nations Band, do hereby certify that an original o f the foregoing By-law was mailed to the Minister o f Indian Affairs and Northern Development at the District/Regional/Hull office (as the case may be) pursuant to subsection 82(1) o f the Indian Act, this Dav of ________ , 2003. Waste management By-law # 19-A-03 3
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