MUSQUEAM INDIAN BAND Residency By-law Being By-law No. A by-law regarding residence of band members and other persons on the Musqueam Indian reserve. WHEREAS Section 81(pl)(q) the Indian Act R.S.C. 1985, as amended (the "Act"), recognizes that the council of a band may make by-laws with respect to the residence of band members and other persons on the reserve and any matter arising out of or ancillary to the exercise of such power; AND WHEREAS the goals of the Musqueam Indian Band include maintaining and protecting the health, safety, good order and advancement of the reserve society; AND WHEREAS it is deemed expedient and in the interests of the Musqueam Indian Band to pass this by-law; Indian Ban B d E a I s T T f H ol E l R o E w F s O : RE ENACTED as a by-law of the Musqueam 1. In this by-law: a. "Band" means the Musqueam Indian Band; b. "band member" means a person whose name is included in the Band List of the Musqueam Indian Band or who has a right to have his or her name entered in the Band List pursuant to the Indian Act or the membership rule’s of the Band; c. "Council" means the duly elected Musqueam Indian Band Council; d. "dependent child" means each child of a band member, or each child whom a band member stands in loco parentis, who at the time of application for residence was either under the age of eighteen years or eighteen years of age or over, under the charge of such band member and unable, by reason of illness, disability or other cause to withdraw himself or herself from such charge or to provide himself or herself with the necessaries of life; e. "reserve" means those lands in and around Vancouver and Ladner, British Columbia, that have been set apart by Her Majesty for the use and benefit of the Musqueam Indian Band; f. "residence" means the place which has always been, or which has been adopted by a person as, the
2 (V; principal place of his or her habitation or home w r h e e t r u e rn t ; o , an w d hen away therefrom, he or she intends to g. "spouse" includes a common law spouse. 2. Any band member who has his or her residence on the reserve on the date this by-law comes into force is entitled to remain in residence thereon permanently with his or her h s e p ou or s e sh a e n d r d e e ma p i e n n s d en a t ba c n h d i ld m em o b r e r d . ependent children so long as 3. Any person who, not being a band member, resides on the reserve on the date this by-law comes into force may be authorized to remain in residence thereon, for an indefinite period or for a term, by a majority vote of electors at a meeting called for that purpose. Any such authority may be m s e u e b t s i e n q g u en c t a l l y l ed re fo v r o ke t d h at by p ur a p o m s a e j . ority vote of electors at a 4. Any band member or other person who has resided on the reserve ceases to be entitled to reside thereon; i. when he or she leaves or remains off the reserve with the intention of abandoning the reserve as his or her place of residence; or ii. when his or her name is deleted from the Band List. Subject to clause 5 hereof, when a band member ceases to reside on the reserve, any spouse or dependent child or such band member shall thereby lose any right that he or she had to reside on the reserve pursuant to these rules unless he or she is also a band member. 5. Subject to clauses 2 and 3 hereof, when a band member or other person wishes to reside on the reserve he or she shall apply to the Council in such manner as the Council may determine from time to time. Any such application may be made on behalf of the applicant alone or on behalf of the applicant and all or any one or more of his or her spouse and dependent child or dependent children. 6. The Council may consider and deal with applications pursuant to paragraph 5 hereof according to such procedure and at such time or times as it shall determine it its discretion and, without detracting from the generality of the foregoing, the Council may conduct such interviews, require such evidence and may deal with any two or more of such applications separately or together as it shall determine in its discretion. Permission to reside on the reserve may be granted permanently or for a term and, in either case, may be made subject to such conditions as Council may determine to be reasonable and expedient in the circumstances.
3 7. For the purposes of determining whether or not an application should be granted or whether or not an application should be granted only on conditions specified by the Council, the Council shall take into consideration the following matters; a. whether that person is a band member; b. w r h e e s t e h rv e e r ; that person is or will be employed on the c. a t n he c ill a a v r a y i la s b er i v l i i c t e y s ; of suitable land, housing and d. the extent to whj.ch that person is prepared to commit his or her personal and economic resources c t o o mmu t n h i e t y; welfare and advancement of the Band e. whether, in the view of the previous conduct and lifestyle of that person, his or her residence on the reserve would be likely to be compatible with the culture, society and community of the Band and the welfare of the Band members already resident on the reserve; and f. any other consideration that, in the opinion of the C o o r u d n e c r i l a , n d a is d va r n e c l e e m v e a n n t t o t f o t t h h e e h r e e a s l e t r h v , e s s o a c f i e e t t y y , . good 8. In making its decision, the Council shall not discriminate on the basi » s of sex. 9. If the Council grants an application, with or without conditions, the applicant and any other persons listed in the application shall be thereupon entitled to reside on the reserve permanently or for a term, as the case may be, subject to the fulfilment of any conditions specified in the decision of the Council. 10. If the Council denies an application, the applicant may reapply for residence upon a change in circumstances being demonstrated to the Council. 11. An applicant may file a notice of appeal with the Council within 30 days of a decision being mad and the Council shall thereafter call a general meeting of the electors of the Band for the purpose off reviewing the decision of the Council. At any such meeting the decision of the Council may be upheld, varied or reversed by a majority of the electors of the Band present at the meeting. 12. The Council shall maintain a list of the persons who are entitled to reside on the reserve pursuant to the foregoing provisions of this by-law.
4 13. Subject to section 18.1 of the Act, no person shall f r o e r s e i g de o ing o n pro t v he i sio r n e s s e o r f v e thi e s x ce b p y t la i w n . accordance with the 14. Any person who contravenes the provisions of this by-law is guilty of an offence and is liable upon summary conviction to a fine not exceeding one thousand dollars or imprisonment for a term not exceeding thirty days, or both. 15. This by-law shall come into force on the date determined pursuant to section 82 of the Indian Act. THIS BY-LAW DULY READ AND PASSED AT A DULY CONVENED AND CONSTITUTED MEE t T r ING OF THE MUSQUEAM INDIAN BAND COUNCIL THIS ZO day of COUNCILLOR , COUNCILLOR d / m , SmiFlED true COPY
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