■ Indian and Northern Aflaires indiennes I t Affairs Canada et du Nord Canada Chronological No - N° cons6cutit File Relerence - N° de reference du dossier BAND COUNCIL RESOLUTION RESOLUTION DE CONSEIL DE BANDE NOTE. The words "From our Band Funds" "Capital" or "Revenue", whichever is the case, must appear in all resolutions requesting expenditures trom Band Funds NOTA Les Mots "des londs de notre bande" "capital" ou "Revenu" selon le cas doivent paraitre dans toutes les r6solutions portant sur des d6penses a m£me les londs des bandes The council of the Current Capital Blance Le conseil de la bande indienne ST. M A RY ’S FIR ST N A T IO N Solde de capital Agency District A T L A N T IC R E G IO N Committed Engage $ --------------------Province N E W B R U N SW IC K Current Revenue Balance Place Solde de revenue Nom de I'endroit 150 C L IF F E S T R E E T , F R E D E R IC T O N , N B , E3A 01A $ Date _________ AD 19 Committed Engage Day - Jour Clonlh - Mo'S Year - Ann6e DO HEREBY RESOLVE: DECIDE. PAR LES PRESEN TES: W H E R E A S the Council o f the First Nation desires to enact a by-law to provide for the health and wellness o f its residents on the St. Mary’s First N ation Reserve by limiting their exposure to tobacco smoke; A N D W H E R E A S on the date set out herein the Council o f the First Nation did consider the hereto attached By-law T o Provide F or T h e H e a lth A nd W ellness O f R esiden ts O f T h e St. M ary’s F irst N a tio n R eserve (also c ited as the St. M ary’s F irst N a tio n S m oking By-law) marked “A”; N O W T H E R E F O R E pursuant to the consent o f a majority o f the Councillors o f the First Nation present at a meeting o f the Council duly convened, the Council o f the St. Mary’s First Nation does hereby endorse, authorize, approve and make a By-law T o Provide For T h e H ea lth A nd W ellness O f R esiden ts O f T h e St. M ary’s F irst N a tio n Reserve pursuant to, and in accordance with, powers o f the Council expressed in section 81(1) o f the Indian Act, R.S.C. 1985, c. 1-5, as amended, a copy o f the said By-law being attached hereto and marked “A”. A quorum for this Bande Pour cette bande le quorum est consists of fix£ a 2. Council Members. Membres du Conseil (CounclIof^^COdsSilier)-^. (Councillor - ConseiHer) y c y (Councillor - Conseill#r l A (Councillor - ConseiHer) (Councillor - Ctinse'Her) (Councillor - ConseiHer) FOR DEPARTMENTAL USE ONLY - RESERVE: AU MINIST ERE 1 Band Fund Code 2 Computer Balances - Soides d'ordinaieur 3 Expenditure - D6penses 4 Authority (Indian Act Section) 5 Source 0< Funds Code du comoie Autoril6 (Aticle de la lot sur Source des londs de bande A. Capital B. Revenue - Revenu les Indiens □ Capital Q Revenue $ $ $ Revenu 6. Recommended - Recommendable Approved - Approuvable Dale Recommending OHicer - Recommande par Oale Approving Officer - Approuve par IA 135 (9-05) 7530-21 023-4662 Canada
By-Law No._________ of the St. M ary’s F irst Nation or Band A BY-LAW TO PROVIDE FOR TH E HEALTH AND W ELLNESS OF RESIDENTS OF THE ST. M ARY’S FIRST NATION RESERVE W HEREAS the Band Council of the St. Mary’s First Nation desires to make a by-law to provide for the health and wellness o f its residents on the St. Mary’s First Nation Reserve; AND W HEREAS the Council of St. Mary’s First Nation is empowered to enact a by-law providing for the health o f its residents on reserve land, the regulation o f the use of buildings, the control of amusements, and with respect to any matter arising out of or ancillary to the exercise o f those powers, and for the imposition of a penalty for a violation thereof, pursuant to paragraphs 81(1 )(a), (h), (m), (q) and (r) o f the Indian Act; AND W HEREAS exposure to tobacco smoke, including second hand smoke, has been linked to health hazards such as cancer, stroke, heart disease and respiratory illness; AND W HEREAS it is desirable for the health and wellness of the residents and non-residents o f the St. Mary’s First Nation that exposure to tobacco smoke be limited on the St. Mary’s First Nation Reserve; NOW TH ER EFO R E the Band Council o f the St. Mary’s First Nation or Band hereby enacts the following by-law: TITLE 1. This by-law may be cited as the “St. M ary’s First Nation Smoking By-Law. ” IN TERPRETATIO N 2. In this by-law: (a) “band” means the St. Mary’s Indian Band or First Nation, as defined by section 2 of the Indian Act; (b) “band council” means the elected Band Councillors o f the St. Mary’s First Nation, including the Chief o f the said Band, being a council o f the band within the meaning o f section 2 of the Indian Act;. (c) “by-law enforcement officer” means any person, including a peace officer, designated by the Band Council to enforce the provisions of this by-law;
- 2-(d) “designated smoking area” means a place or facility, owned or operated by the band or the band’s wholly owned corporations, or corporations in which the band holds a controlling interest and which is accessible to the public and designated by virtue of this by-law as a place in which smoking is permitted; (e) “eating/drinking establishment” means a place or facility, owned or operated by the band or the band’s wholly owned corporations, or corporations in which the band holds a controlling interest, and which is fully licensed and primarily devoted to the service and sale of food and alcoholic beverages for consumption on the premises by its patrons; (f) “entertainment center” means a place or facility owned or operated by the band or the band’s wholly owned corporations, or corporations in which the band holds a controlling interest, and which hosts or operates bingo games and other authorized games of chance including video lottery terminals; (g) “ indoor public place” means places, premises and facilities owned or operated by the band or the band’s wholly owned corporations, or corporations in which the band holds a controlling interest and used as a place for the purpose o f public access or assembly, exclusive o f eating/drinking establishments and entertainment centers, but which includes the public areas o f retail stores, retail outlets, convenience stores, grocery stores and all band offices including, but not limited to, reception areas, foyers, hallways, public wash rooms, entrance ways, elevators and public corridors; (h) “person” includes a business or corporation; (i) “reserve” means the St. Mary’s Indian Reserve or First Nation; (j) “retail store and retail outlet” means a building or part thereof, owned or operated by the band or the band’s wholly owned corporations, or corporations in which the band holds a controlling interest and used for the purposes o f retail trade or services; (k) “smoke” or “smoking” means to give off, draw in or exhale tobacco smoke and includes the carrying of a lighted cigar, cigarette, pipe or any other lighted smoking equipment, but shall not include the conduct of legitimate and/or sacred First Nations ceremonies or the carrying o f traditional items used for the purposes o f conducting legitimate and/or sacred First Nations ceremonies and related activities. APPLICATION 3. This by-law applies to all indoor public places on the St. Mary’s First Nation Reserve accessible to residents and the general public.
- 3-4. For greater certainty, this by-law does not apply to any private residence or privately owned or operated business establishment on the St. Mary’s First Nation Reserve. ADMINISTRATION 5. No person shall smoke in an indoor public place unless that place is a designated smoking area. 6. No ashtrays or cigarette receptacles shall be placed in an indoor public place except within a place that is a designated smoking area. 7. All eating/drinking establishments and entertainment centers on the St. Mary’s First Nation Reserve are hereby designated as smoking areas. 8. All indoor public places shall post a clear and visible “no smoking” sign at each entrance to the facility and at other appropriate locations within the indoor public place. PENALTY 9. Every person who contravenes any o f the provisions o f this by-law is guilty o f an offence and is liable on summary conviction to a fine o f one hundred dollars ($100.00). 10. This by-law may be enforced by a by-law enforcement officer designated by the Band Council. GENERAL 11. Should a court o f competent jurisdiction determine that any provision o f this by-law is invalid for any reason, the invalid provision shall be severed from the by-law and the validity of the remainder o f the by-law shall not be affected. 12. This by-law comes into force forty (40) days following the date of mailing to the Minister o f Indian Affairs and Northern Development as required by section 82 o f the Indian Act. 13. In this by-law, words importing the singular include the plural and vice versa, and words importing the masculine, feminine or neuter gender include such gender as the context requires. 14. This by-law shall not abrogate, derogate from, define or limit in any manner the Aboriginal or Treaty rights of Aboriginal Peoples living, working or visiting on the St. Mary’s First Nation Reserve.
- 4 THIS BY-LAW IS HEREBY MADE at a duly convened meeting of the Council of the St. Mary’s First Nation or Band this / 3 day of Voting in favour o f the by-law are the following members of Council: Councilor Lisa K. Howe Councilor Hubert L.Paul Councilor Percy J. T. Sacobie Councilor Leonard R. Brooks representing a majority o f those members o f the Council o f the St. Mary’s First Nation or Band present at the aforesaid meeting of the Council. A quorum o f the Council is 7 members. The number o f members o f the Council present at the meeting was / / . I, C £ sc / ! _ Chi ef of the St. Mary’s First Nation or Band, do hereby certify that a true copy o f the foregoing by-law was mailed to the Minister of Indian Affairs and Northern Development at the Atlantic Regional Office o f the Department in accordance with subsection 82(1) o f the Indian Act this /<3 day of _____ 2004. Councilor Bradley J. Paul /U / s Councilor Annette M. Paul Councilor Gina L. Brooks Councilor Martin J. Bear Sr. Councilor Barbara B. Brown \ l \ jP Councilor Howard A. Paul _______ 2004. Chief Candice Paul
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