Part II - Enacted First Nations Legislation

The Council of the NECOSLIE Band of Indians at a meeting held this _ /(/ day of , 19̂ 0 . makes the following by-law pursuant to paragraphs (f), (1) and (q) of section 80 of the Indian Ac t « <^ nu s y D t> ,S7% By-law No• 1 RID V 6 l1a9/7u(1̂ j A bylaw to provide for the construction and^«e4fn%c "ance (if a water-works system and appurtenances thereto-and-for the payment!of water rates to regulate the use of water supplies. 1. In this by-law* (a) "band" means the NECOSLIE Band of Indians} (b) "council” means the council of the NECOSLIE Band of Indians} (c) "owner" Includes a person who occupies or resides on any lands as a locatee, tenant, licensee or permittee} (d) "servlce connection" means the service pipes, fittings and valves laid, constructed or Installed or that may be laid, constructed or Installed by the water commlsslones to within 3 feet of the premises of the applicant pursuant to an appl­ ication for water services under this by-law and Includes any replacement or extension thereof made at any time or from time to tlmej (e) "water commissioner" means the person designated as such by the council O from time to time} and (f) "waterworks system" means the water distribution and pump system laid, constructed and installed on NECOSLIE Reserve and any extention or replacement thereof made at any time or from time to time and includes all service connections. 2. An application for a supply of water from the waterworks system may be entertained by the council between May 1st, and October ^lst. In any year. 3. Where an owner of lands used or occupied for the purpose of a cottage site, business or commercial enterprise or where an owner, other than a band member, of lands used or occupied for the purpose of a residence, requires a supply of water from the water system he shall} (a) make a written application to the council, and (b) deposit with the council for application towards the cost of construction of the connection, the sum $ 150.00 dollars.

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9 - 2 - hm Jh9-9 a ;a<iab9~ of the bsai- an owner of land used for esidentlal purposes - requires a supply of water froa the water systeta9 he shall} (a) sake a written application'to the coo .oil, and (b) deposit with the council for application towards the cast of construction the sun of S160«00« 5» Where an application for a supply of water f**oa the waterworks systea is not approved by the council, the deposit shall be re­ turned to the applicant* 6. (a) Where an application by an owner pursuant to section 3 haeof has been approved by the council and tne applicant has deposited with the council tho coneys required to be deposited by this by-lav, the water coaalssloner shall construct to within 3 feet of the promises of such owner the required service connection* (b) Where an application by an owner pursuant to section ** hereof has been approved by the council and tne applicant has deposit d with the council the aoneys required to be deposited by this by-law, the wate • commissioner shall construct to 3 feet of the owner of such owner the required service connection* 4 wrt.r so *vice connection shvll be of % sise .ot sua Her than inches nor larger thon 3." Inches wnlch size shall ce de teralned by the vnter ooaslas oner. >im 4 single sc vice connection shall not be connected with two or «ore buildings except with the consent of tne water commissioner* 9* Every owner who Is to reoeive a supply of wrt .r f. oa the v*te- works systea «hail Install such fittln; s, pipes, taps and piuablng fIxtur s In, under and about his proalses which, in the opinion of the water commissioner, are necessary to receive and control the water conveyed fro» the waterworks systea. 10. 4here an owner h s compiled with ail tne provisions of this by-law the v>t^- coamisslons"' shall turn on tho vafcr to the p 'esises of such owner* 11. Every owner shall repair and oatntain and keep repaired and asaln- talnad all fittings, plpss, taps and pluablng fixtures installed pursuant to s *ctlon 9*

. j A _2. :io owner shall Install any pipe*, f i t t i n g » , t a p » a n d / or plumb­ ing fixtures In or about his premises for the purpose or receiving water froa tne waterworks system unless suen pip-cs, fittings, i pa a ad plumb­ ing fixtures h3*« w.ea approved by the v .ter commissioner* 13* (1) The water commissioner «ay enter the premises of an/ owner connected to the waterworks system for the purpose of Inspecting the pipes, fittings, taps and plumbing fixtures* (2) If the water commissioner is of the opinion that the pipeaf fittings, taps and planting fixtures in or about the premises * of any ownar are defective or are in need of repair} or that additional fittings or plunking fixtures are required to receive or control the water or prevent fro3t damage to the service con­ nection he shall serve upon the owner a notice in writing to cor­ rect the condition* (3) The notice referred to in subscotlon(2) shall at to e reason­ able time within which the owner- is to correct thu condition referred to in the notice* (*+) .there* (a) tne noti.es refe ed to in subseetLon(2) hts b«,an served on the owner, and (b) in the opinion of tne water commissioner tne owner has not corrected the condition referred to In tho notice the water comnissionor any turn off tne supply of water to the p-omlsss of tne owner until such time as the condition has b >en co — acted. lb. (1) in this 30Jtion''yc3r'* ne ans the period comae nul.id the 1st <*»/ of April aid ending tha A 1st of .II* r.csh-lamed lately following* (2) /.at ratas shall be paid to tne council o) or before the com ftnce.ajnt of each year, (3) ..ho-e a ecrvloo ooanection is laid and constructed pursuant to an appliortlon aadu pursuant to sect.o.i 3 end W hereof and the praaises of the owner is equipped to ecelva and control water from the water supply system the owner shall pay to council prior to the turning on of the water by the water coxoissioner a pooportion of the water rate based on the number of days remaining to the 3ist day of , March.. immediately following*

- If - 1 ^5* The following water rates shall be paid to the council each year: (a) by an owner, who is a member of the band, of lands used or occupied entirely for residential purposes.... S'té.OO (b) by an owner of lands, other than band members, used or occupied for the purpose of, or in connection with a residence or cottage site..*.. ..... ........ $60.00 (c) by an owner of lands used for the purpose of, or in connection with the operation of an office building, store or school......... ............................. $96,00 The council may collect water rates on monthly bases and allow a discount. (d) by an owner of lands used for the purpose of, or in connection with the operation of a restaurant, cafe or snack bar........................ ................ . $120.00 (e) by an owner of lands used or occupied for the purpose of, or in connection with, any business or commercial enterprise not mentioned above, a rate to be deter­ mined from time to time by a resolution of therCouncil. 16. (1) If an owner neglects or refuses to pay water rates when due the water commissioner may turn off the water to his premises. (2) If the owner pays to the council: (a) the water rates in arrears, and (b) a service charge of five dollars for the turnihg on of the water supply the water commissioner shall turn on the water supply. 17. Every owner of lands used or occupied for the purpose of or in connection with a cottage site shall notify the water commissioner the date upon which his cottage shall be closed for the winter season and upon being so notified the water commissioner shall turn off the water. 18. No owner shall waste or permit water conveyed to his premises from the waterworks system to be wasted. 1 9. (l) No owner shall use or permit water conveyed to his premises from the waterworks system to be used for purposes other than domestic purposes without the consent in writing of the water commissioner. (2) In this section the term "domestic purpose" does not in­ clude lrregation purposes or lawn or garden watering. 20. The council or the water commissioner shall not be liable to any owner or any other person for any damage to the property, lands or buildings of any such owner or person as a result of, or by reason of, or occasioned or attributable to the turning off of the water to the premise of the owner or the failure of breakdown of the waterworks system.

5 21. The water commissioner may, for the purpose of constructing, repairing, maintaining or extending the waterworks system or making any additions thereto, snut off the water supply to the premises of any owner for such period of time as he considers necessary to Complete the work. 22. All servlco fees, charges and rates collected pursuant to this by-law shall, when required, be expended by the council for the construction and malntalnance of the waterworks system. (GOG - I G.LO \) \ 7̂ Ui< w i LifjQ ) ;'y (wWw.LI iwJbO î) X X.JL-0 1 i ) (.j 7T3TIIÔÏÏ)

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