Part II - Enacted First Nations Legislation

Decision Information

Decision Content

Indian and Northern Affaires indiennes a * Affairs Canada et du Nord Canada Chronological No. N u m é ro c o n s é c u t if nd Inuit Affairs Affaires indiennes et inuit File Reference - N ° de téU du d o s s ie r BAND COUNCIL RESOLUTION RÉSOLUTION DE CONSEIL DE BANDE N O T E T h . w o r d . •‘ From our B .n d F u n d .” " C . p i t . 1 or " R e v e n u e . w h ich , v . r i . the « . . . m u .T a p p e a , .11 r e .o t u . i o n . r .q d e , t i n g 'e i p r n d ï ï û W . from------B an d F u n d s N O T A : L . . mot. - r i , , tond. d . not,. b a n d . " C . p i t . l ou r e v e n u " ..Ion 1 . c a . dolv.nt p . t o l < r . d a n . l o u t .* l a . r e s o lu t io n , p o rta n t . u r d e , r fe p e n .e e à m e m e Is a fonda dsa bandes THE COUNCIL o f t h e FORT ALBANY (SINCLAIR ISLAND) BAND LE CONSEIL DE LA BANDE IND IENN E Current Capital Balance Solde de capital £ AGENCY d is t r ic t JAMES BAY Committed Enftafté $ p r o v in c e ONTARIO Current Revenue balance PLACE NOM DE L 'E N D R O IT F0RT ALBANY Committed Enftaoê $ hATr 23 SEPTEMBER 4n 10 86 DAY - J O U R M O N T H - M O IS YEAR - A N N É E DO HEREBY RESOLVEj DECIDE, PAR LES PRESENTES: WHEREAS, the Council of the Fort Albany (Sinclair Island) Band considers special measures necessary for the protection of the residents of the Band's reserve, the presence of intoxicants: and WHEREAS, a majority of the electors of the Band who attended a special meeting of the Band held on December 5th, 1985, which meeting was called by the Council of the Band on attached by-law as­ sented to the by-law: and WHEREAS, Section 85,1 of the Indian Act, R.S.C. 1970, Chapter 1-6 as amended, empowers the Council of the Band to make by-law dealing with intoxicants on the reserve of the band; THEREFORE, the Council enacts the attached as By-law 1985/1 of this Band. in a c t r a n s l a t io n t r a d u c t io n a in c _ , REÇU LE 01C 1 f 1386 CONTRÔLE TRAD. J MOTS SORTI LE DOSSIER REV. COPIE A quorum for this Bande Pour cette bande le quorum eat consists of fixé à Council Members Membres du Conseil
B AN D A D M IN IS TR A TIO N General Delivery, Fort Albany, Ontario POL 1H0 Telephone (705) 278-1044 A By-Law respecting Intoxicants and Intoxication SECTION 85.1 (1) Subject to subsection (2) the Council of a Band may make By-laws; (a) prohibiting the sale , barter, supply or manufacture of in­ toxicants on the reserve of the Band; (b) prohibiting any person from being intoxicated on the reserve; (c) prohibiting any person from having intoxicants in his posses­ sion on the reserve; and, (d) providing for exceptions to any of the prohibitions established pursuant to paragraph (b) or (c). (2) A By-law may not be made under this section unless it is first as­ sented to by a majority of the electors of the Band who voted at a special meeting of the Band called by the Council of the Band for the purpose of considering the By-law. (3) A copy of every By-law made under this section shall be sent by mail to the Minister of the Chief or a member of the Council of the Band within four daipafter it is made. (4) Every person who contravenes a By-law made under this section is quilty of an offence and is liable on summary conviction; (a) in the case of a By-law made under paragraph (1) (a), to fine not more than one thousand dollars or to imprisonment for term not exceeding six months or both; and; (b) in the case of a By-law made under paragraph (1) (b) or (c) to a fine of not more than one hundred dollars or to impri- i sonment for a term not exceeding three months or to both. I
A By-Law respecting Intoxicants and Intoxication In this By-law; (Intoxicant)includes alcohol, spirituous, vinous, fermented malt or*other intoxicating liquor or combination of liquors and mixed oiquor a part of which is spirituous, vinous, fermented or otherwise intoxicating and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption that are intoxicating; (Reserve) means any tract or tracts of land, the legal title to which is vested in Her Majesty, that has been set spart by Her Majesty for the use and benefit of this Band. No person shall sell, barter, supply or manufacture intoxicants on the reserve. Any person who contravenes this section is, pursuant to the pro­ visions of the Indian Act, guilty of an offence punishable on summary con­ viction to a fine of not more than one thousand dollars or to imprisonment for a term not exceeding six months or to both. No person shall be intoxicted on the reserve. No person shall have Intoxicants in his possession on the reserve. Any person who contravenes section 3 or section 4 is pursuant to the pro­ visions of the Indian Act, guilty of an offence punishable on summary con­ viction of a fine of not more than one hundred dollars or to imprisonment of a term not exceeding three months or bothT This By-law does not apply to the use or possession of intoxicants: (a) ordinarily used for cleaning, fuel or other domestic or commercial purposes not Involving human consumption, or (b) for medical purposes under the direction of a qualified doctor or nurse. In any prosecution of a contravention of this By-law, the burden of proof that intoxicants were possessed or used for medical purposes is upon the accused; Any person entering the reserve, shall at that time, if requested by a Band Constable or other person authorized by the Council of the Band, declare whether or not he or she has any intoxicant in his or her possession, whether on her or his person or among any luggage, bags, packages or other containers that he or hse intends to bring onto the reserve. The name of every person who refuses to make such a declaration shall be reported to the Council of the Band.
BAND ADMINISTRATION Chronological No. General Delivery FORT ALBANY, ONTARIO POL 1H0 File Reference BAND COUNCIL RESOLUTION NOTE: The words "From our Band Funds" "Capital" or "Revenue", whichever is the case, must appear in all resolutions requesting expenditures from Band Funds THE COUNCIL OF THE FORT ALBANY (SINCLAIR ISLAND) BAND Current Capital Balance $ DISTRICT JAMES BAY Com m itted $ PROVINCE ONTARIO Current Revenue Relance $ PLACE FORT ALBANY Com m itted $ o a t f 21 SEPTEMBER 1987 DAY MONTH YEAR DO HEREBY RESOLVE: WHEREAS, the council of the Fort Albany ( Sinclair Island) Band considers special measures necessary for the protection of the residents of the Bands reserve, the presence of intoxicants: and WHEREAS, a majority of the electors of the Band who attended a special meeting of the Band held on December 5th, 1985 which meeting was called by the Council of the Band on attached by-law as­ sented to the by-law: and WHEREAS, Section 85,1 of the Indian Act, R.S.C. 1970, Chapter 1-6 as amended, empowers the Council of the Band to make by-law dealing with intoxicants on the reserve of the band; THEREFORE, the Council enacts the attached as By-law 1985/1 of this Band A quorum for this Band F O R DEPARTMENTAL USE ONLY 1. Band Fund Code 2. COMPUTER BALANCES 3. Expenditure 4. Authority 5. Source of Funds Indian Act Sec Capital Revenue .$ $ $ 6. Recommended Approved Date Approving Officer Date Recommending Officer ÎPC 22587 FORT ALBANY INDIAN RESERVE No. 67
A By-Law respecting Intoxicants and Intoxication In this By-law; (Intoxicant)includes alcohol, spirituous, vinous, fermented malt or other intoxicating liquor or combination of liquors and mixed oiquor a part of which is spirituous, vinous, fermented or otherwise intoxicating and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption that are intoxicating; (Reserve) means any tract or tracts of land, the legal title to which is vested in Her Majesty, that has been set spart by Her Majesty for the use and benefit of this Band. No person shall sell, beirter, supply or manufacture intoxicants on the reserve. Any person who contravenes this section is, pursuant to the pro­ visions of the Indian Act, guilty of an offence punishable on summary con­ viction to a fine of not more than one thousand dollars or to imprisonment for a term not exceeding six months or to both. No person shall be intoxicted on the reserve. No person shall%have intoxicants in his possession on the reserve. Any person who contravenes section 3 or section 4 is pursuant to the pro­ visions of the Indian Act, guilty of an offence punishable on summary con­ viction of a fine of nou more than one hundred 'dollars or to imprisonment of a term not exceeding three months or bothé This By-law does not apply to the use or possession of intoxicants: (a) ordinarily used for cleaning, fuel or other domestic or commercial purposes not involving human consumption, or (b) for medical purposes under the direction of a qualified doctor or nurse. In any prosecution of a contravention of this By-law, the burden of proof that intoxicants were possessed or used for medical purposes is upon the accused; Any person entering the reserve, shall at that time, if requested by a Band Constable or other person authorized by the Council of the Band, declare whether or not he or she has any intoxicant in his or her possession, whether on her or his person or among any luggage, bags, packages or other containers that he or hse intends to bring onto the reserve. The name of every person who refuses to make such a declaration shall be reported to the Council of the Band.
BAND A D M IN IS TR A TIO N G enera! Delivery, Fort A lbany, O n ta rio POL 1 HO Telep ho ne (7 0 5 ) 2 7 8 -1 0 4 4 v A By-Law respecting Intoxicants and Intoxication -. ( > % '/ SECTION 85.1 ; (1) Subject to subsection (2) the Council of a Band may make By-laws; v fit (a) prohibiting the sale , barter, supply cr manufacture of in­ s .* toxicants on the reserve of the Band; •'& (b) prohibiting any person from being intoxicated on the reserve; (c) prohibiting any person from having intoxicants in his posses­ sion on the reserve; and, . < Cf. : 'V (d) providing for exceptions to any of the prohibitions established ■■ pursuant to paragraph (b) or (c). " (2) A By-law may not be nade under this section unless it is first as­ sented to by a majority of the electors of rhe Band who voted at a special meeting of the Band called by the Council of the Band for the purpose of considering the By-law. A copy of every By-law made under this section shall be sent by mail to the Minister of the Chief or a member of the Council of the Band within four daipafter it is made. Every person who contravenes a By-law made under this section is quilty of an offence and is liable on summary conviction; (a) in the case of a By-law made under paragraph (1) (a), .to fine not more than ore thousand dollars or to imprisonment for term not exceeding six months or both; and; (b) in the case of n By-law made under paragraph (1) (b) or (c) to a fine of not more than one hundred dollars or to impri­ sonment for a term not exceeding three months or to both.
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