Part II - Enacted First Nations Legislation

Decision Information

Decision Content

TRAFFIC BY-LAW The Council of the DAKOTA TIPI BAND of INDIANS at a meeting held this 7 th day of October , 1981 hereby enactè by-law number Seven (7) to provide for the regulation of traffic within the boundaries of DAKOTA TIPI RESERVE. WHEREAS paragraphs (b) and (r) of Section 81 of the Indian Act empowers the Council of a Band to make by-laws respecting the regulations of traffic and the imposition of a penalty for the violation thereof; and WHEREAS it is deemed to be expedient to limit the speed of vehicles on Reserve roads for the safety and welfare of residents Of the DAKOTA TIPI RESERVE. NOW THEREFORE the Council of the DAKOTA TIPI BAND of INDIANS enacts as a by-law thereof the following; 1. In this by-law, (a) "Council" means the Council, as defined in the Indian Act of the DAKOTA TIPI BAND of INDIANS; (b) "Reserve" means the tract of land set apart by Her Majesty within the definition of the Indian Act for the use and benefit of the DAKOTA TIPI BAND of INDIANS known as the DAKOTA TIPI RESERVE. (c) "Road" means an open way for the passage of vehicles, persons, and animals which includes bridges, driveways, streets, lanes, squares, highways, avenues, parkways, causeways, viaducts, trestles, thoroughfares or other places set aside for* used, or open to the public for the passage of vehicles within the Reserve. (d) "Vehicle" means any wagon, cart, motor car, motor truck trailer, motorcycle, traction engine, tractor, road making machinery or other conveyance that is driven, propelled or drawn by any kind of power; and (e) "Sign" of "Traffic sign" means a sign warning, marking or other device for the guidance or direction of persons using the roads. 2. The design, dimension and the erection of traffic signs shall meet the requirements as prepared by the Council on Uniform Traffic Control Devices for Canada and the Canadian Good Roads Association.
The DAKOTA TIPI BAND of INDIANS by-law No. 7 Page 2 3. (1) The Council shall, by resolution, authorize the placing ot all traffic signs and the resolution shall specify the location and purpose of the sign. (2) The Administrator shall place and maintain or cause to be placed and maintained, the signs authorized by the Council and shall remove or cause to be removed, signs which are not authorized by the Council. 4. No person shall interfere with or attempt to interfere with the placement or maintenance of any authorized traffic sign. 5. No person shall remove, deface, obliterate, alter or attempt to remove, deface, obliterate or alter or in any manner interfere with any sign lawfully placed on a road. 6. No person shall operate a vehicle on a raod within the DAKOTA TIPI RESERVE at a rate of speed in excess of the miles per hour indicated on the sign posted by order of the Band Council. 7. No person shall operate a vehicle on any road within the DAKOTA TIPI RESERVE, when he/she is not eligible to drive, by; (a) not being the holder of a valid drivers license as prescribed by the Highway Traffic Act of Manitoba Section 23 - 1. (b) having their license suspended or revoked under the Highway Traffic Act Section 236. 8. No person shall operate a vehicle on any road within the DAKOTA TIPI RESERVE that is, (a) Not road worthy and considered in a dangerous or unsafe condition. (b) Not properly licensed or insured as required by Highway Traffic Act, Province of Manitoba. 9. No person shall park or station any vehicle upon any road in an unsafe manner for a period not to exceed hours. ' 10. The driver of any vehicle shall comply with all traffic laws and regulations in force from time to time in the Province of Manitoba in which DAKOTA TIPI RESERVE is situated. 11. Any person who violates any of the provisions of the by-law shall be guilty of an offence, and shall be lable on summary conviction to a fine not exceeding $100.00 or imprisonment for a term not exceeding 30 days,- or both fine and imprisonment.
The DAKOTA TIPI BAND of INDIANS by-law No. 7 Page 3 Approved and passed at a duly convened meeting of the Council of the DAKOTA TIPI BAND of INDIANS this '7th day of October , 1981. A quorum for this band consists of Four (4) Council members. I, Dennis Pashe, Chief of the DAKOTA TIPI 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 7th day of October 19 8L
 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.