Part II - Enacted First Nations Legislation

Decision Information

Decision Content

BY-LAW NO. 1992-02 of the Pauingassi First Nation Band A By-Law to Regulate Solvent and Gasoline Abuse W H ER EA S the Council of the Pauingassi First Nation Band deems it expedient to enact this by-law for the purposes of safeguarding its community on the reserve from the serious problems resulting from the unhealthy practice of inhaling solvents and gasoline for the sole purpose of producing euphoria, hallucinations or intoxication; AN D W H ER EA S paragraph 81(1), (a), (c), (d), (q), and (r) of the Indian Act R.S.C. 1985, c.l-5 empower the Council of a First Nation Band to make by-laws to provide for the health of residents, the observance of the law and order, the prevention of disorderly conduct and nuisances, with respect to any matter arising out of or ancillary to the exercise of powers under section 81, and the imposition on summary conviction of a fine or imprisonment or both for violation thereof; NOW TH EREFO RE the Council of the Pauingassi First Nation Band enacts as a by-law therof the following: IN T ER PR ET A T IO N 1. In this By-Law: "intoxicating matter" means plastic solvents, adhesive cement, cleaning agents, glue dope, nail polish remover, lighter fluid, gasoline, paint or laquer thinner; "intoxicating vapour" means any vapour, fume or liquid that is emitted, given off or produced from an intoxicating matter; PROHIBITIONS 2 . (1 ) No person shall for the purpose of inducing euphoria, hallucinations or intoxication (a) inhale, administer, or otherwise introduce into his/her respitory system, or (b) assist or cause anotherto inhale, administer or otherwise introduce into his/her respitory system an intoxicating vapour. (2) No person shall for the purpose of inducing euphoria, hallucinations or intoxication (a) manufacture for himself or another, or (b) give, sell or otherwise distribute any intoxicating matter which emits, gives off or produces or can be made to emit, give off or produce an intoxicating vapour. (3) This section does not apply to: (a) the manufacture or sale of an intoxicating matter for medical purposes,
(b) the inhalation, administration or other introduction of an intoxicating vapour into the respitory system under the supervision of a physician, or (c) a physician or dentist or a person acting under his/her direction who assists or causes another to inhale, administer, or otherwise introduce into his/her respitory system an intoxicating vapour. EENALTY 3. Any person who contravenes any of the provisions of this by-law is guilty of an offence and liable on summary conviction to a fine of not more than one thousand dollars ($1000.00) or to imprisonment for a term of not more than thirty (30) days, or to both. Approved and passed at a du|v convened meeting of the Council of the Pauingassi First Nation Band this \A-^ day of ftyr.l_______ , 1992. Voting in favour of this by-law are the following members of Council: à. Chief Edward Green Councillor J.Crowe Councillor J.Owen being the majority of the those members of the Band Council of the Pauingassi First Nation Band present at the aforesaid meeting of Council. The quorum of the Pauingassi First Nation Band Council is 2 members. Number of members of the Pauingassi First Nation Band Council present at the meeting: ^ . I, Edward Green, Chief of the Pauingassi Firts Nation Band, do hereby certify thatb a true copy of the foregoing by-law was mailed/faxed/hand delivered to the Minister of Indian Affairs at the Regional Office pursuant to section 82(1) of the Indian Act this 14 day of April_____ , 1992. '32LL Chief Edward Green Witness
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