fc ^ 6 / 7 ^ 7 Pauingassi First Nation Box 60, Pauingassi, Manitoba, ROB 2G0 Phone: (204) 397-2371 Toll Free: 1-877-529-8866 Fax: (204) 397-2145 By-law No. 2013-03 of the Pauingassi First Nation A By-law to Regulate the Conduct and Activities of Hawkers, Peddlers or Others on the Reserve WHEREAS the Council of Pauingassi First Nation desires to make a by-law for the regulation of the conduct and activities of hawkers, peddlers or others who enter the reserve to buy, sell or otherwise deal in wares or merchandise; AND WHEREAS the Council of Pauingassi First Nation is empowered to make such by-law, and with respect to any matter arising out of or ancillary to the exercise of the power, and for the imposition of a penalty for a violation thereof, pursuant to paragraphs 81 (1 )(n), (q) and (r) of the Indian Act, R.S.C. c. 1-5; AND WHEREAS it is deemed to be expedient for the welfare of the inhabitants of the Pauingassi First Nation Indian Reserve to licence and regulate hawkers and peddlers; NOW THEREFORE the Council of Pauingassi First Nation hereby enacts the following by-law: Short Title 1. This by-law may be cited as the "Pauingassi First Nation Hawkers and Peddlers By-law". Interpretation: 2. In this by-law, "Councir means the Chief and Council, as defined in the Indian Act, of the Pauingassi First Nation; "hawker and peddlern includes a hawker, peddler, transient trader, itinerant seller or other person who, enters the reserve to buy, sell or otherwise deal in wares or merchandise, or / offer or exposes for sale to any person, by means of samples, patterns, cuts, blue prints or pictures, wares or merchandise to be sold at that time or to be delivered afterwards or shipped onto the reserve;
- 2-"itinerant seller1' means a seller whose business includes soliciting, negotiating or arranging for the signing by a buyer, at a place other than the seller's permanent place of business, of a contract for the sale of wares or merchandise; "licence" means a licence issued pursuant to this by-law permitting the licensee to conduct business on the reserve; "licensee" means a person to whom a licence is issued pursuant to this by-law; "licensing agent' means the person appointed by the Council pursuant to section 4 to receive applications and issue licences pursuant to this by-law; "officer1' means any police officer, police constable or other person charged with the duty to preserve and maintain the public peace, and a by-law enforcement officer or any other person appointed by the Council for the purpose of maintaining law and order on the reserve pursuant to By-law No. 2013-02 Pauingassi First Nation Disorderly Conduct By-law; "reserve" means the reserve of the Pauingassi First Nation and includes Pauingassi First Nation Indian Reserve. Requirement for Licence 3. (1 ) No person shall conduct business as a hawker and peddler of wares or merchandise on the reserve unless that person holds a valid and subsisting licence issued pursuant to this by-law with respect to the type of wares or merchandise that person deals in. (2) Subsection (1) does not apply to a person who (a) is a registered member of the band. Licensing Agent 4. (1) The Council may, by band council resolution, appoint a licensing agent who shall receive applications and issue licences for the purpose of this by-law. (2) The Council may, in the band council resolution, provide for reasonable remuneration to be paid to the licensing agent. Duties of Licensing Agent
- 3-5. The licensing agent shall (a) receive and deal with all applications for licences to be issued under this by-law; (b) maintain a record of all applications for licences and retain on file a copy of all licences issued, together with their particulars; (c) ascertain, as far as reasonably practicable, that all information furnished by the applicant in connection with an application for a licence is true in substance; (d) as often as may be necessary, make inquiries and inspections to determine whether every holder of a licence issued pursuant to this by-law complies in every respect with the licence issued and the by-laws of the Council; (e) report in writing to the Council bi-monthly, or as otherwise requested by the Council, stating the number of licences issued, the types of wares and merchandise being sold under each licence, the duration of each licence, and the amount of money received since the previous report along with a summary stating the total number of licences issued and the total amount of money received to date for the current year; (f) perform such other duties as may be assigned by the Council from time to time. Licences 6. (1) A licence shall specify the types of wares or merchandise the licensee is permitted to deal in. (2) A licence shall be valid throughout the reserve. (3) A licence shall be in Form 1. Application for Licence 7. Any person who wishes to conduct business as a hawker and peddler on the reserve shall make an application in writing to the licensing agent in Form 2, and shall truthfully disclose all information required to be disclosed on the application form.
- 4-Fees 8. The fees payable for a licence issued under this by-law are: (a) $300.00 dollars per calendar year; (b) $250.00 dollars per calendar month; (c) $200.00 dollars per calendar week; and (d) $100.00 dollars per day or part thereof. Licensing Board and Issuance of Licence 9. The Licensing Board shall consist of one Pauingassi First Nation Elder, Council member and a Pauingassi First Nation member appointed by Council for approving licences as submitted by the licensing agent. All decisions by the Licensing Board are by majority of 2 of the 3 Licensing Board members. 10. The licensing agent shall make out and deliver a licence to the applicant if: (a) the applicant has disclosed all information required to be disclosed in the application form and the licensing agent is satisfied that all information disclosed by the applicant is true; (b) the licensing agent is satisfied that the applicant has complied with the appropriate provincial requirements with respect to the conduct of the applicant's business, including registration and bonding; (c) the applicant has not, within the preceding three years, been convicted of an offence under the Criminal Code (Canada), for which the applicant has not been pardoned, relating to the conduct of this business as a hawker and peddler, whether on or outside the reserve; (d) the Licensing Board has approved the licence application; and (e) the required fee for the licence has been paid. Duration of Licence 11. Every licence issued pursuant to this by-law shall be for the calendar year current at the time of issuing thereof and shall expire on the
- 5-31st day of December following the date of issuance, unless issued on a monthly, weekly or daily basis. Producing Licence Upon Request 12. Every licencee shall carry the licence issued while conducting business on the reserve and shall produce the licence upon the request of the licensing agent, an officer, or any person with whom the licensee transacts or attempts to transact business. Licence Not Transferable 13. A licence issued under authority of this by-law is not transferable. Hours 14. No person conducting business as a hawker and peddler shall call at any residence on the reserve between the hours of 8:00 p.m. and 9:00 a.m., or on Sundays or holidays, unless previously invited by the occupier of the residence to all at such time. No Refund 15. No rebate or refund of any part of a licence fee shall be made to any licensee by reason of forfeiture of a licence, or a non-usage of the rights and privileges thereby granted, or for any other cause. Revocation or Suspension of Licence 16. The Council may, by band council resolution, after notice and hearing, suspend for a period not exceeding ninety days or revoke any licence issued under this by-law, where it has been shown that the licensee: (a) has failed to comply with this by-law; (b) has been convicted of an offence under the Criminal Code (Canada), for which the licensee has not been pardoned, in relation to the conduct of the licensee's business as a hawker and peddler, whether on or outside the reserve; or (c) has conducted his business in a manner that is detrimental to the interests of consumers on the reserve.
- 6-Penaltv 17. A person who violates any of the provisions of this by-law commits an offence and is liable on summary conviction to a fine of not more than $1,000.00 or to imprisonment for a term not to exceed 30 days, or to both a fine and imprisonment. This by-law is hereby made at a duly convened meeting of the Council of Pauingassi First Nation this M day of 'h ^ c o ^ L ^ r : 2013. Voting in favour of the by-law are the following members of the Council: Coir illor Roddy Owens / Councillor James Owens being the majority of those members of the Council of the Pauingassi First Nation present at the aforesaid meeting of the Council. The quorum of the Council is three members. _ Number of members of the Council present at the meeting: ^ I, (4a/r*U C-rtfvvJ Chief/Gouncillorof the Band, do hereby certify that a true copy of the foregoing by-law was mailed to the Minister of Aboriginal Affairs and Northern Development at the 0 office of the department pursuant to subsection 82(1) of the Indian Act, this ka day of k ^ t * f e 2 0 1 3 . (Chief/Councillor)
Forms FORM 1 HAWKERS AND PEDDLERS LICENCE (Name of licensee) is hereby authorized to conduct business as a hawker and peddler dealing in the following wares and merchandise _______________________ on the Pauingassi First Nation Reserve for the period commencing (date). 2013, to (date). 2013. (Signature of Licensing Board Representative) (Date)
FORM 2 HAWKERS AND PEDDLERS LICENCE APPLICATION FORM 1. Applicant's Name:___________________________ 2. Permanent Address:_____________________________________ 3. Phone Number: home: ___________________________ _ 4. Occupation: ________________________________________ _ 5. Employers Name and Address: ____________________ ________ 6. Social Insurance No.: _____________________ _______________ 7. Period for which Licence is Required: ____________(Give exact dates) _________________________ __________________' 8. Types of wares and merchandise to be sold on the reserve: 9. Locations where wares and merchandise are to be sold on the reserve: ___________________________________________ 10. Are you presently registered with the provincial government with respect to the conduct of your business? Yes __ No____(If yes, applicant must provide proof and give details below). 11. Are you bonded with a bonding agency with respect to the conduct of your business? Yes______ No _____ (If yes, applicant must provide proof and give details below). 12. Have you, within the previous three years, been convicted of a criminal offence for which you have not been pardoned? Yes _____ No ______ (If yes, please give details below).
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