Part II - Enacted First Nations Legislation

Decision Information

Decision Content

APR G 93 1 5 : 0 7 FROM DI FIND WPG PAGE . 007 The k Q R Band Bylaw N um ber___ B e in g a by -l a w r e s p e c t in g t h e P R o m e rn o N AGAINST THE INHALATION OF SOLVENT AND GASOLINE VAPOURS E n a c t e d o n t h e 10 p a y o f se.pl-, 19 92 WHEREAS the Council of the ^ ^ Band deems it expedient to enact a by-law for the purpose of safeguarding its community on the reserve from the serious problems resulting from the unhealthy and destructive practice of inhaling solvents and gasoline for the sole purpose of producing euphoria, hallucinations and intoxication; AND WHEREAS paragraph 81(1), (a), (c), (d), (q) and (r) of the Indian Act. R.S.C. 1985, c. 1-5, empower the Council of a 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 for violation thereof; NOW THEREFORE the Council of the *- 6 ft Band enacts as a by-law thereof as follows:
APR 6 93 1 5 : 0 7 FROM DIAND WPG PAGE. 0 0 8 2 Shortlitlg 1. This By-Law may be cited as the* Band Solvent and ffasotim» Abuse By-Law”. Interpretation 2. In this By-Law / . 1 . . "intoxicating matter" includes plastic solvents, adhesive cement, cleaning agents, glue, dope, nail polish remover, lighter fluid, gasoline, paint or lacquer thinner; "intoxicating vapour* means any vapour, fume or liquid that is emitted, given off or produced from an intoxicating matter; "possession" means possession as defined in subsection 4(3) of the Crjipmaj Code.R .S.. c.C-34. Prohibitions Against Inhalation 3, Every one who, for the purpose of inducing euphoria, hallucinations or intoxication (a) inhales, administers or otherwise introduces into his respiratory system, or (b) assists or causes another person to inhale, administer or otherwise introduce into his respiratory system an intoxicating vapour is guilty of an offence and liable cm summary conviction to a fine not exceeding $.5*00, OOor to imprisonment for a term not exceeding 2 * 5 days or to both. Against Possession and Possession for Sate 4.(l)N o person shall have in his possession any intoxicating matter for the purpose of inhaling, administering or otherwise introducing into his respiratory system the intoxicating vapours emitted, given off or produced from the intoxicating matter.
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APR 6 93 1 5 : 0 8 FROM DIAND WPG PAGE. 0 0 9 V - 3 - •; (2)No person shall have in his possession any intoxicating matter for the purpose of selling, giving, administering, transporting, sending, delivering or > distributing the intoxicating matter to a person (D who he knows or has good reason to believe is of unsound «fan,- is impaired by alcohol, drugs or by reason o f having inhaled intoxicating vapours, or * * *. ? * '■ ,\ /" (ii) who he knows or has good reason to believe will use the intoxicating matter for the purpose of inducing euphoria, hallucinations or intoxication. ' ». (3)Every one who contravenes subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding Séflcu»or to imprisonment for a term not exceeding 3 0 days or to both. Against Sale 5. Every one who sells, gives, administers, transports, sends, delivers or distributes any intoxicating matter (a) to a person who he knows or has good reason to believe is of unsound mind, is impaired by alcohol, drugs or by reason o f having inhaled intoxicating vapours, or (b) who he knows or has good reason to believe will use the intoxicating matter for the purpose of inducing euphoria, hallucinations or intoxication is guilty of an offence and liable on summary conviction to a fine not exceeding $ /ooo.ooor to imprisonment for a term not exceeding SO days or to both. Exceptions 6* Sections 3, 4 and 5 do not apply to any person who (a) manufactures or sells an intoxicating manor tor medical purposes, (b) inhales, administers or otherwise introduces an intoxicating vapour into his respiratory system under the supervision of a physician or dentist, or
H R K b ' b b l b ï b b FROfl DIRND WPG PAGE. 0 1 0 - 4 - ' " :y'■'•'7 ;' •••■■' < - v •% t ?■ (c) is a physician or dentist or a person acting under the directkraofa physician or dentist who assists or causes another to inhale» / -y administer or otherwise introduce into his respiratory system an d intoxicating vapour. <c:4 T h is B y-L a w is h e r e b y made at a duly convened meeting of the Council of the L 6 ft Band this ID dav o f $LPt , . 1 9 ^ Voting in favour of the By-Law are the following members of the Council: Band present at the aforesaid meeting of the Council. The quorum of the Council is J£__members. Number of members of the Council present at the meeting: -3*. Chief/6ouncillor of the LCl ft Band, do hereby certify that a true copy of the foregoing By-Law was mailed to the Minister of Indian Affairs and Northern Development at the District/Regional/HuU offices (as the case may be) pursuant to subsection 82(1) of the Indian Act, this day of . 19i2> (Witness) / (ChieT/Councillor) RRBG/997-8238/October 7, 1991/SOLVENT.BYL
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