Part II - Enacted First Nations Legislation

Decision Information

Decision Content

This is Exhibit "A" to the Affidavit of Viola Wyse sworn before me this 22nd day of November 1984. —% I s * G. a. cjp'.;rr COMMiSSii.-;h: ; FOR taking affidavits THE SONGHEES BAND OF INDIANS FOf< 8R,r,SH COLUMBIA By-Law # 2 Being a by-law respecting a licence for sever service WHEREAS a number of mobile home parks exist on the lands set apart for the use and benefit of the Songhees Band of Indians; AND WHEREAS the mobile homes located within those parks are serviced by the sever system owned or operated by or on behalf of the Songhees Band of Indians, and therefore the owners of such mobile homes ought to contribute to the capital and maintenance costs of such a system; AND WHEREAS section 81 (f), (q) , and (r) of the Indian Act empowers a Council to make by-laws respecting the construction and maintenance of local works, mattery arising out of or ancillary to such works, and the imposition of a penalty for violation of such by-laws; NOW THEREFORE the Council of the Songhees Band of Indians, in the Province of British Columbia, makes as a by-law thereof as follows : » 1. In this by-law a) "administrator" means the Songhees Band Administrator app­ ointed by the Council, or in the event the position is vacant or the person so appointed is unable to fulfill his or her duties, the person appointed pro tem by the Council; b) "serviced area" - means that part of the lands, the legal title to which is vested in Her Majesty, that have been set apart for the use and benefit of the Songhees Band of Indians outlined on the map attached hereto and marked Schedule A, which schedule is deemed to be and form part of this by-law; and
ê - 2 c) "system" means the sewer system owned or operated by or on behalf of the Songhees Band of Indians 2. This by-law applies to all mobile home parks and mobile home units served by the system and located within the serviced area. 3. No mobile home unit, within the serviced area, shall remain connected to the system unless and until the occupier has paid the prescribed fee and a valid licènce has been issued under this by-law. 4. (1) Annually, on or before the date specified in the notice, the occupier of each mobile home unit served by the system shall obtain a licence authorizing the continuation of the service to that unit. (2) The fee payable for a licence issued under this by-law shall be one hundred dollars ($100.00). (3) Every licence issued under ̂ the authority of this by-law shall be for the calendar year or part thereof, current at the time of issue, and shall expire on December 31 next succeeding the date of issue. (4) No rebate or refund of a licence fee or part thereof may be made. (5) A licence issued under the provisions of this by-law applies to the mobile home unit for which it vas issued and is not transferable. 5. The operator of each mobile home park within the serviced area shall annually, and no later than January 10th of each year, provide to the administrator at the office located at: 1500 - A Admirals Road, VICTORIA, B.C. a list of the names and addresses of each occupier of a mobile home unit within his park served by the system. 6. (1) On or before February 1st of each year, the Administra­ tor shall serve each occupier a notice setting forth the requirement for a licence, the annual fee, and the ?
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% - 3 date by or before which the application shall be made, which date shall not be less than 15 days following the date of nailing or service, and the address of the office at which the application may be made* (2) Any notice required by this by-law shall be in writing and may be served by regular mail or in person on the occupier or on some adult person residing at the mobile home of the occupier. (3) Upon written application, on the forms provided by the Administrator, and the payment of the fee, the Administrator, shall provide the applicant with the required licence. 7. Any by-law, or part thereof, previously made by the Council of the Songhees Band of Indians which is inconsistent with this by-law be, and the same is hereby repealed. 8. Any person who violates any provision of this by-law shall be guilty of an offense and shall be liable, cm summary conviction, to a fine not exceeding one hundred dollars of imprisonment for a term not exceeding thirty days or to both a fine and imprisonment. Approved and passed at a duly convened meeting of the Council of the Songhees Band of Indians this nineteenth day of November 1984, by -a majority of the Councillors of the Band present at that meeting as evidenced by the signatures thereof given below. CHIEF "Charlie Joseph”_______ "Norman George" COUNCILLOR COUNCILLOR
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