The Council of the Kitwancool Band of Indians at a meeting held QtUkJvUi l i f - t i r / 9 *T4 A -1~i__________ makes the following by-law pursuant to paragraphs (f) and (r) of section 80 and paragraphs (f) and (g) of subsection (1) of section 82 of the Indian Act. By-law No. 9 A by-law to provide for the maintenance of a water system within the Kitwancool Indian Reserve No. 1 in the Province of British Columbia and provision of a tax. (a) The Kitwancool Waterworks System shall be under the control of the Kitwancool Council, which has passed the attached regulations for the control and management of the said waterworks system and which regulations form part of this by-law and shall be in effect from the date of the passing of this by-law, a copy of which regulations is duly recorded in the office of the Indian Superintendent. (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 ^ / & dollars or imprisonment for a term not exceeding jAn^rii - C v — _ days, or both fine and imprisonment. Chief: Councillors:
Regulations for the Control and Management of the Kitwancool Waterworks System 1. The control and management of the Kitwancool Waterworks shall be under the direction of the Kitwancool Band Council. 2. 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 Kitwancool Council. 3. No person, unless authorized by the Council, shall interfere with any hydrant, valve, stopcock, pipe or other waterworks appliance outside of his own premises. PART I 4. This Part applies to all persons who obtain water for domestic use from standpipes of the Kitwancool Waterworks System, such standpipes being otherwise used for fire protection purposes. 5. All persons desiring to obtain water for domestic purposes from standpipes of the Kitwancool Waterworks System shall make and sign an application in the form prescribed and agree to pay for the privilege of obtaining such water at the rate of / ^____ per month. 6. The rate prescribed in paragraph 5 shall be payable at the office of o U 'I c / /_____on the first day of each month, except that when the first day of the month is a Sunday or a statutory holiday, the rate shall be payable on the nearest day following which is not a Sunday or statutory holiday. 7. All persons making application pursuant to paragraph $ of these regula tions shall be issued with a permit authorizing such persons to obtain water for domestic purposes from standpipes of the Kitwancool Waterworks System. 8. No person may obtain water for domestic purposes from standpipes of the Kitwancool Waterworks System unless in possession of a permit issued pursuant to paragraph 7, except that where the head of a household holds such a permit, any member of said household may obtain such water.
- 2 -9. All permits issued pursuant to paragraph 7 may be cancelled by the Council of the Kitwancool Band "when persons holding such permits fail to pay the rates specified in paragraph 5* PART II 10. This Part applies to all persons introducing water into their premises by means of a pipe connected to any of the pipes or mains of the Kitwancool Waterworks Systran. 11. All persons desiring to introduce water into their premises by means of a pipe connected to any of the pipes or mains of the Kitwancool Water works System shall make and sign an application in the form prescribed and shall agree to pay for the privilege of introducing such water into their premises at the rate of * , < > -_____ per month. 12. The rate prescribed in paragraph 11 shall be payable at the office of on the first day of each month, except that when the first day of the month is a Sunday or a statutory holiday, the rate shall be payable on the nearest day following which is not a Sunday or a statutory holiday. 13. All persons making application pursuant to paragraph 11 of these regu lations shall be issued with a permit authorizing such persons to intro duce water into their premises by means of a pipe connected to any of the pipes or mains of the Kitwancool Waterworks System. 14. Any water connection from the pipes or mains of the Kitwancool Waterworks System shall be made at the cost of the applicant. 15. Persons receiving a permit for the introduction of a water service into their 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 Kitwancool Waterworks pipe or main and the inside of the foundation wall of the building into which the water service is introduced.
- 3 -16. 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. 17. The user shall use only taps, pipes, fittings and plumbing fixtures which are in a satisfactory condition and have been approved by the Council. 18. The diameter of the standard service pipe and standard taps shall not exceed three-quarter inch. 19» Water shall not be turned on to any premises until the installation of the pipes, etc., has been completed to the satisfaction of the Counoil or an inspector appointed by the Council. A charge of-.50^ shall be made for the turning on the water to any property. 20. A person so appointed and authorized by the Council may enter any building connected 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. 21. Every user shall keep his service pipes, stopcocks and other fixtures 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 repaired 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. 22. 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. 23. 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. 24. 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 rate therefore and for any damage that
- 4 may result. In the case of such notice being received, the Council may authorize a rebate in the rate for the part of the month which is not then expired. Such rebate shall be on the basis of f ) f / for each seven day period remaining in the month. 25. (a) At the expiration of one month after the rate is due on any premise, the water vaa.yt at the option of the Council, be shut off and it shall not be turned on except on payment of the rate, together with the fee of ,50£ 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. 26. 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.
APPLICATION FOR WATER SERVICE ON THE KITWANCOOL INDIAN RESERVE NO. 1 PURSUANT TO PARAGRAPH 5 OF THE REGULATIONS FOR THE CONTROL AND ______________ MANAGEMENT OF THE KITWANCOOL WATERWORKS SYSTEM I, ____________________________________ , hereby make application to obtain water for domestic purposes only from, standpipes of the Kitwancool Waterworks System. I agree to pay for the privilege of obtaining such water at the rate o f ______________ per month and agree to observe the rules and regulations for the control and management of the Kitwancool Waterworks System. Signed: Form prescribed by the Council of the Kitwancool Band of Indians
APPLICATION FDR WATER SERVICE ON THE KITWANCOOL INDIAN RESERVE HO. I PURSUANT TO PARAGRAPH 11 OF THE REGULATIONS FDR THE CONTROL AND _______________MANAGEMENT OF THE KITWANCOOL WATERWORKS SYSTEM I, ___________________________________ , hereby make application to introduce water into my premises described as _________________________________ by means of a pipe connected to any of the pipes or mains of the Kitwancool Waterworks System. I agree that said water shall be used for domestic purposes only. I also agree to pay for the privilege of obtain ing such water at the rate o f ____________per month and agree to observe the rules and regulations for the control and management of the Kitwancool Waterworks System. Signed: * (Description of premises, e.g. "John D. Smith's house.”) Form prescribed by the Council of the Kitwancool Band of Indians
ORDER OF PERMIT PURSUANT TO PARAGRAPH 7 OF THE REGULATIONS FOR THE CONTROL AND MANAGEMENT OF TOE KITWANCOOL WATERWORKS SYSTEM Mr. (Mrs.) You are hereby authorized to obtain water for domestic purposes only from standpipes of the Kitwancool Waterworks System subject to the rules and regulations for the control and management of the Kitwancool Waterworks System. Signed for Kitwancool Councils Secretary Indian Superintendent Form prescribed by the Council of the Kitwancool Band of Indians
ORDER OF PERMIT PURSUANT TO PARAGRAPH 13 OF THE REGULATIONS FOR THE CONTROL AND MANAGEMENT OF THE KITWANCOOL WATER WORKS SYSTEM Mr. (Mrs.) Subject to the males and regulations for the control and management of the Kitwancool Waterworks System, you are hereby authorized to introduce water for domestic purposes only into your premises described as * _________________________________ by means of a pipe connected to a pipe or main of the Kitwancool Waterworks System described as ______________ Signed for Kitwancool Council: Secretary Indian Superintendent (Description of premises, e.g. "John D. Smith's house.") r * (Description of pipe or main nearest applicant's premises) Form prescribed by the Council of the Kitwancool Band of Indians
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.