Part II - Enacted First Nations Legislation

Decision Information

Decision Content

CANADA Province of Quebec TO WIT I, STEPHEN ALFRED ROBERTS, Reserves and Trusts, residing at Ottawa, Ontario, make oath and swear that the paper writing to which this affidavit is attached is a true copy of a document produced and shown to me and purporting to be the original by-law made pursuant to the Indian Act and signed by the Council of The Pas Band of Indians and dated May 29, 1979» the said copy having been compared by me with the said original document. Sworn to before me in the City of Hull, in the Province of Quebec this | J *2. day of 1979. Commissioner-©? the taking of Oaths pursuant to Section 108(a) of the Indian Act.
AFFIDAVIT ^ADA I, THOMAS WILLIAM JOHN DOWNIE 1 . JVINCE OF MANITOBA ôf the Office of The Pas Indian Band TO WIT: situated or. The Pas Reserve 2iE in the Province of Manitoba make oath and say: 1. I was personally present and did see the within instrument duly executed by the Chief and Council of The Pas Indian Band on the 29TII day o f J/^Y 2. I know said Chief and Councillors and that they are in my belief * of the full legal age. 3. I am the subscribing witness thereto. SWORN before me in the Office of The Pas Indian Band situated on The Pas Indian Reserve 2lE. Province of Manitoba this 11TH a*y of jUNE 19 79. oaths, in and for the Province of Manitoba My Commission exr>ires on the ,2/ ̂Note: Witness cannot be Commissioner
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DOG & FELINE CONTROL BY-LAW The Council of The Pas Band of Indians at a meeting held on the 29th day of May, 1979, hereby enacts by-law number 8 to provide for the regulation and control of dogs within the boundaries of The Pas Indian Reserve. WHEREAS paragraphs (a) and (r) of Section 81 of the Indian Act empowers the Council of a Band to provide for the health of residents .on the Reserve and to prevent the spreading of disease and the imposition of a penalty for violation thereof and, WHEREAS it is deemed to be expedient to provide for the regulation and control of dogs and felines for the health, safety and welfare of the residents of The Pas Indian Reserve. NOW THEREFORE the Council of The Pas Band of Indians enacts as a by-law thereof the following; 1. In this By-Law, (a) "Council" means the Council of The Pas Band of Indians; (b) "Reserve" means the tract of land as defined in the Indian Act and for the purpose of this by-law The Pas Indian Reserve; (c) "Dog Control Officer" means any person authorized by Council to maintain the control of dogs on the reserve and enforce the regulations of this by-law; (d) "Registrar" means any person authorized by Council to carry out the duties of registering dogs and the collecting of fees for such registration; (e) "Working Dog" means any dog trained specifically for and Acting as a sled dog, guard dog, hunting dog or a retriever of game; 2. No dogs shall be allowed to run at large on the reserve. 3. No household shall possess more than two (2) dogs other than working dogs and can be proven by the owner to be such; these dogs will not be included in the dog count for that houshold for the purpose of this paragraph. 4. All working dogs shall be confined in a suitable enclosure or chained when not in use. 5. The Dog Control Officer shall carry out inspections for the purpose of determining if working dogs are being kept in a suitable enclosure or chained. 6. No person shall establish a kennel on the Reserve without prior written permission of the Council. 7. The Council may require: (a) All dog owners living on the Reserve, to register the dogs with the Registrar. The registration shall show the name of the dog and its age, sex, and description; (b) A fee shall be collected for the registration of dogs; (c) The registration and collection of fees shall be the responsibility of the Registrar; (d) All registered dogs are to wear a registration tag which will be given to the dog owner at the time of registration;
-2-(e) All registrations shall be renewed annually and whether such renewal is granted shall be at the discretion of the registrar; (f) Registration fees shall be set by the Chief and Council and shall be posted by notice in the public place to be determined by Chief and Council and the Band Members and the general public shall be notified by way of the said notice and a notice in the Band newspaper. ~ 7. The Council shall require the owner of a female which has a litter to complete a Litter Registration. The Registration, which shall be done within seven (7) days of the birth of the litter, shall show the owner of the female which has given birth, number in the litter, and their sex. 8. The Council shall require that within five (5) weeks of the filing of the Litter Registration the owner must notify the Registrar of the methods of disposal with respect to the litter. A disposal form shall show the number and sex of the litter destroyed, and the number and sex of the litter given away to another person and the names of such persons. 9. No fees shall be charged for filing a Litter Registration or a Notification of Disposal. 10. The Council may require that no person shall harbor or keep an unregistered dog within the boundaries of the Reserve and any unregistered dog may be seized and placed into a pound by the Dog Control Officer. 11. Any person who owns a dog prior to the enactment of this by-law may keep the dog1and will not be bound by Clause three (3) of this by-law until such time as his household only has two (2) dogs due to the death, destruction, or disposal of those dogs over the by-law limit of two (2). The burden of proof of ownership with a dog and the date thereof shall lay with the owner., 12. No person shall keep felines in any manner of number which will create a health hazard for any person within the boundaries of the Reserve. 13. The Council may order the destruction of any felines which create a health hazard for any person residing within the boundaries of the Reserve. 14. The Council may, where a dog is endangering the safety and health of person residing on the Reserve, order the destruction of that dog. 15. Any dogs running at large within the boundaries of the Reserve between the hours of 9 o'clock in the morning (9:00 a.m.) and 3 o'clock in the afternoon (3:00 p.m.) on weekdays (Monday - Friday inclusive) from November 15th to March 30th of each year may be destroyed by the Dog Control Officer. 16. For the purpose of dog control, on the Timberland Trailer Court only, the manager of the aforementioned establishment may, within the boundaries of the Timberland Trailer Court, disperse dogs running at large by the discretionary use of a slingshot, until such time as the Chief and Council adopts a permanent method of dog control for The Pas Indian Reserve. Any person who violates any provision of this by-law shall be found guilty of an offence and shall be liable to a summary conviction to a fine not exceeding one hundred dollars ($100.00) or imprisonment for a term not exceeding thirty (30) days or both fine and imprisonment. Approved and passed at the meeting of the Council of The Pas Band of Indians this 29th day of May, 1979. A quorum for this Band consists of 5 Council members. // 3\J
CHIEF______Charles G. Constant COUNCILLOR John Young COUNCILLOR Ethel J. Constant COUNCILLOR David A. Merasty COUNCILLOR Philip Porion COUNCILLOR William 0. Cook COUNCILLOR Ernest Cowley COUNCILLOR Irvin Constant COUNCILLOR Abraham Lathi in COUNCILLOR Philip Bignell COUNCILLOR I, Charles G. Constant, Chief of The Pas Band of Indians, do hereby certify that a true copy of the foregoing By-Law was forwarded to the Minister of Indian Affairs and Northern Development pursuant to Sec. 82, sub-sec. (1) of the Indian Act this 30th day of May, 1979. WITNESS______Bernard Young___________ CHIEF______Charles G. Constant
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