KVVAVUgUI 1 LUM Kwayhquitlam Nation (Coquitlam Indian Band) By-LawNo. 1 1993 By-Law to designate the Reserves of the Kwayhquitlam Nation (Coquitlam Indian Band) (the “Band"), or portions thereof, as Special Development Zones and to prohibit the construction or maintenance o f any class o f buildingsfoF any use ofïanch or the carrying on o f any class o f business, trade or calling within sudTSpëcîat'DevelCpment Zones, except to the extent that such construction or maintenance o f any class o f buildings, such use o f land or such carrying on o f any class o f business, trade or calling conforms to the requirements o f this By-Law and amendments thereto. WHEREAS the Council o f the Band desires to establish a By-Law to designate the Reserves of the Band as Special Development Zones and to prohibit any construction or maintenance o f buildings, or use o f land, or carrying on o f any class o f business, trade or calling within such Special Development Zones, except to the extent the use conforms to the requirements o f the By-Law; and WHEREAS the Council of the Band is empowered to make such a By-Law pursuant to Paragraphs 81 (l)(g),(q) and (r) o f the Indian Act o f Canada. NOW THEREFORE the Council o f the Band hereby enacts as a By-Law o f the Band as follows: 1. Definitions - All words and phrases used in the By-Law shall have the meanings * set out in the Indian Act of Canada. 2. Establishment o f Special Development Zones - The following Reseives of the Band are designated Special Development Zones: (a) Coquitlam I.R. # 1; and (b) Coquitlam I.R. # 2; together with such other Reserves, parts of Reserves and lands as are the property of the Band and such other parcels o f land as may, pursuant to the Indian Act o f Canada, hereinafter become Reserves o f the Band either as additions to the aforementioned Reserves or as new Reserves. 3. Restrictions and Prohibitions in Special Development Zones -
) (a> Within a s Pecial Development Zone, no building or structure shall be commenced, built, constructed, reconstructed, altered, moved, extended or maintained unless it is in conformity with the requirements o f this By-Law and amendments thereto. (b) Within a Special Development Zone, no land shall be used in any way unless it is in conformity with the requirements o f this By-Law and amendments thereto. (c) Within a Special Development Zone, no business, trade or calling shall be carried on unless it is in conformity with the requirements o f this By-Law and amendments thereto. 4. Non-Conforming Uses -(a) A lawful use o f premises or land or the lawful carrying on o f any class o f business, trade or calling in a Special Development Zone at the time o f the coming into force o f this By-Law may be continued as a non-conforming use, but if such non-conforming use is discontinued for a period o f thirty (30) days, any future use o f such premises or land or carrying on of any business, trade or calling shall be in conformity with this By-Law and amendments thereto. (b) Where any building or structure, the use o f which is non-conforming, is damaged to the extent o f sixty-six percent (66%) or more o f its value or area, as determined by the Band, it shall not be repaired or reconstructed except in conformity with this By-Law and amendments thereto. 5. Principles for Development - Upon the application o f a member of the Band, the lawful holder o f an interest in land in a Special Development Zone or any ot her person, the Band Council may by Band Council Resolution ("BCR") determine the terms and conditions under which the building, construction, reconstruction, alteration, moving, extension or maintenance o f buildings and structures may be carried out, the use to which the land may be put and the businesses, trades and callings which may be carried out, and in doing so shall have due regard to the following considerations: (a) The promotion of health, safety, convenience and welfare o f the members of the Band, residents and occupants and other persons who have a lawful interest in lands within the Special Development Zone; (b) The prevention of overcrowding on the land and the preservation of the amenities peculiar to the Special Development Zone; (c) The securing of adequate light and reasonable access; (d) The value of the land in the Special Development Zone and the nature of its present and prospective use and occupancy,
( c ) ! he character of the Special Development Zone, the character of the buildings already erected and the peculiar suitability of the Special Development Zone for particular uses, (I) The conservation of property values; (g) The development of the Special Development Zone to promote greater efticicncy and quality; (h) I he development of the Special Development Zone to the general economic and social welfare and advancement o f the Band; and (i) With respect to commercial ventures, the compliance with the following development principles: (i) Each development shall protect the natural integrity of the Special Development Zone, shall be environmentally sound and shall not impose any threat of irreparable damage to the Special Development Zone, or any occupants of the Zone; (ii) Each development shall respect the traditional life style of the Band, or provide an acceptable compromise to all members of the Band that may be affected by the development; ^ (iii) Each development shall only be implemented in accordance with a sound business plan approved by the Band Council; (iv) Each development shall embody the concepts of fairness, integrity, honesty and mutual respect for all people; (v) Each development shall provide to the Band a minimum of majority profit participation and equal ownership; and (vi) Each development shall provide the maximum number of meaningful, long term employment opportunities for all members of the Band, as well as for those from other First Nations, and such employment shall include employment created in direct project related activity as well as the establishment of secondary service businesses required to support the development. Coquitlam Indian Band In the case of commercial ventures, the Band Council may refer the proposed BCR to a general band meeting for approval by the membership of the 0 Applications for Amendments • livery applicant for approval pursuant to this By- Law or a permit for the development, construction, reconstruction, alteration or extension ' of a building or structure and for the operation of a business, trade or calling, and eveiy
person intending to commence, build, construct, reconstruct, alter or extend a building or structure or to operate a business, trade or calling shall submit an application in writing to the Band Council indicating the following information: (a) A site plan or site plans including a legal description o f the area to be affected and the location o f all existing and proposed buildings, streets, lanes, highways, driveways, parking and loading areas, sidewalks, street lights, utilities and utility easements, streams and other typographical features o f the site; (b) Preliminary architectural plans for any proposed buildings; (c) Existing and proposed grades and their relations to the elevations on adjoining properties; (d) The location, size, height, colour, lighting and orientation o f all signs; (e) The location and treatment o f open spaces, landscaping and fences; (f) A statement of intended use; (g) A statement o f the interest o f the applicant in the land and the development; (h) An estimated commencement date and a proposed schedule of construction; and (i) A statement o f the financial responsibility o f the applicant; together with such other information as shall in the opinion o f the Band Council be necessary to enable the Council to have due regard to the considerations enumerated in Section 5 o f this By-Law. 7. Penalties -(a) Every person who violates or causes or allows to be violated any of the provisions of this By-Law shall be guilty of an offence against this By-Law, and each day on which such violation occurs or is caused or allowed to continue shall constitute a separate offence. (b) Every person guilty of an offence against this By-Law shall be liable on summary conviction to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment not exceeding thirty (30) days, or both, for each offence committed. (c) Where a person guilty of an offence under this By-Law is a corporation, every person who at the time of the offence is a director or officer o f the corporation is guilty of an offence under this By-Law, unless the director or officer proves that the act or
kwayhquitlum Band Council Resolution of the Kwavhquitlam Nation. (Coqui tlam Indian Band) ( the 3 *1 Band" ) The undersigned, being the Chief and Council of the Band, hereby consent to and approve the following Band Council Resolution: WHEREAS the Band has proposed the opening of a convenience store selling among other items cigarettes and other tabacco products; and WHEREAS the Band has made an application to the Ministry of Finance and Corporate Relations for an Exempt Retail Dealer permit pursuant to the Tobacco Taxation Act (B.C.) and in doing so the Chief and Council wishes to set out certain guidelines for the conducting of such business on the Band's reserve lands and the conducting of other similar businesses on the Band's reserve lands: RESOLVED, as a Bands Council Resolution, that: 1. The intention of the Band with respect to tobacco sales on its reserve lands is to limit the right to sell tobacco products only to those persons who have been appropriate authorizations under the Tabacco Tax Act (B.C.) or other applicable legislation and adhere to the conditions set out in such authorizations; 2. The application for such and authorization in favour of- the Band in connection with a convenience store selling among other items cigaretts and other tabacco products is hereby approved by the Chief and Council of the Band, with any of the Chief, any council member, the Band manager or any other p a e u r t s h o o n r iz a e u d t ho t r o iz r e e d p re i s n en w t r it t i h n e g B b a y n d th i e n C c h o i n e n f e ct a i n o d n Co w u i n t c h i l s uc b h e ing authorization and the ongoing communications with the Ministry of Finance and Corporate Relations (B.C.), and 3. the Chief and Council has passed a By-Law pursuant to the Indian Act of Canada with requires any person wishing to operate a commercial venture on the Band's reserve lands to first receive the approval of the Chief and Council of the Band, which By-Law has been submitted to Indian and Northern affairs Canada for approval and filling, a copy of which is to be provided to the Ministry of Finance and Corporate Relations (B.C.) upon notification from Indian and Northern Affairs Canada that the same has been approved and is in force.
kwayhquitlum Dated this __ day of June, 1993. Chief Glen Joe JLr Councillor Ken Joe Councillor Bernice Swaryck COQUITLAM INDIAN BAND 65 Colony Farm Road, Cociuitlam RC
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