Part II - Enacted First Nations Legislation

Decision Information

Decision Content

The Council of the Port Simpson Band of Indians at a meeting held JUNE NINTH,_______ 1964 . ss the following by-law pursuant to paragraph (f) of section 80 paragraph (a) (i) and (e) of subsection 1 of section 82 of the an Act. A by-law to provide for the maintenance of a water system (1*7 within the xu-u'irjx Indian Reserve in the Province 0f British Columbia and provision of a tax. TheP0RT SIMPSON Waterworks System shall be under the control of the PORT SIMPSON Council, which has passed the attached regulations for the control and manage­ ment of the said waterworks system and which regulations form part of this by-law and shall be in effect from the f date of the passing of this by-law, a copy of which regula­ tions is duly recorded in the office of the Indian Superintend­ ent . (b) In addition to the penalties provided in the said regulations, any person who violates any of the provisions of this by-law shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding FIFTY dollars or imprisonment for a term not exceeding THIRTY days, or both fine and imprisonment. St. 205
Regulations for the Control and Management of the Waterworks System 1. The control and management of the 3 IMPS ON Waterworka shall be under the direction of the PORT SIMPSON Council. 2. All persons desiring a supply of water from the JIMP30N Waterworks System shall make and sign an application in the form prescribed, such application shall be made only by the holder of a certificate of possession of the land for which the water is to be supplied. 3. No person shall tap or make any connections whatever with any of the pipes or mains of the said system without written permission of the PORT SIMPSON Council. A. No person, unless authorized by the Council, shall interfere with any hydrant, valve, stopcock, pipe or other waterworks appliance outside of his own premises. 5. The water connection from the street line into any premises shall be made at the cost of the applicant. 6. Persons receiving a permit for the introduction of a water service into his premises and the person doing the work will be required to cause the said service to be placed not less than two feet below the surface of the ground throughout the distance between the street line and the inside of the founda­ tion wall of the building into which the water servide is introduced. 7. Every service pipe shall be provided by the user or occupant with a brass "stop or waste cock" of a pattern to be approved by the Council, which cock shall be placed immediately inside the outer wall of the building supplied. 8. The user shall use only taps, pipes, fittings and plumbing fixtures which are in a satisfactory condition and have been approved by the Council. . 9. The diameter of the standard service pipe and standard taps shall not exceed three-quarter inch.
2 Water shall not he turned on to any premises until the installation of the pipes, etc. has been completed to the satisfaction of the 4 r Council or an inspector appointed Iqy the Council. A charge of 5 0 ? shall be made for the turning on the water to any property, 11. A person so appointed and authorized by the Council may enter any building conneoted with the water system at any convenient time to examine pipes and fixtures and to investigate in regard to the quantity of water used and the manner of its use. 12. Every user shall keep his service pipes, stopcocks and other fixtures on his premises and from the line of street or lane, in good order and repair and at his expense. In the case of leaky or faulty fixtures the Council may shut off the supply of water until such defective pipes or other fixtures are re­ paired or altered as required. In no case shall any user have a claim on the band or Council by reason of such shutting off of the water. 13. When it is necessary to make repairs to the main lines or to construct new works, the Council Reserves the right to shut off the water from any user and keep it shut off as long as may be necessary. 14. Where boilers are supplied with water the Council will not be liable for any damage resulting from the shutting off of the supply of water. 15* Any user vacating any premises supplied with water from the water system or who is desirous of discontinuing the service supplied, must give a reasonable notice of the same in writing to the Council of the band or Indian Superintendent. In the case of failure to give such notice the user will be held liable for the rates therefore and for any damage that may result. In the case of such notice being received the Council may authorize a rebate in the rates for the part of the quarter which is not then expired, which rebate shall be calculated to the nearest month. St. 205
* 3. 16. The several rates and charges set forth in the schedule which forms part of these regulations, shall be the rates snd oharges for water supplied from the_ POrtT SIMPSON_________ Water System and all such rates and charges shall be payable at the office of_TH5 PORT t IMPS ON COUNCIL_____________in four equal instalments on the second day of January and July and on the first day of April and October in each year provided however that new applicants shall pay only from the date on which the water is turned on. 17. (a) At the expiration of one month after the rates or charges are due on any premise, the water may at the option of the Council, be shut off and it shall not be turned on except on payment of all rates and charges, together with the fee of ,5Cy paid for the shutting off and ,50^ paid for the turning on. (b) The Council may shut the water| off from the premises of any user who infringes any of these regulations and may refuse to turn the water on again until satisfied and assured that the user will comply with these regulations. 18. Each building or house whether attached or detached, shall have a separate service from the street line. In cases where one of several buildings occupies the frontage of a single lot and other buildings are located at the rear of said building, then permission may be granted to supply all the buildings from one service. 19. A discount of ten per cent will be allowed to users of the water paying the rates and charges on or before the date upon whieh such payment is due, providing the full amount is paid* .. vu
SCHEDULE OF RATES Each private house occupied by a PORT 3IMP3QN Each private home occupied try a non-members Business establishments s Destitute Band members, as approved by Councils Rates prescribed by the Council of the pdrt ! St. 205% Band member s$6 « OOper year 1,00per month 6.00 •* « * Free Band of Indians* ! t
APPLICATION FOR WATER SERVICE __________________INDIAN RESERVE I»_________________ ______________________^hereby apply for a supply of water for my premises located on Lot . I agree that the said water shall be used for domestic purposes only unless otherwise stated and in conformity with your regulations. I also agree to pay for such service the amount of___________ payable in advance on the 2nd day of January and July, and the 1st day of April and October in each year and if not paid within one month from the date on which they have become due, water may be turned off without notice. 1 Signed t Form prescribed by the Council of the. Band of Indians.
ORDER OF PERMIT FOR WORK Mr, (Mrs.)__________________________ _ You are hereby authorized to make the necessary connection from the service line of the water system to your premises subject to the rules and regulations for the control and management of the ____________waterworks. Signed for Council: J ' _ _ _ _ _ Se _ cr _ e _ ta _ r _ y ; Indian Superintendent Form prescribed by the Council of the Band of Indians
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