BY-LAW HO. ________ OF THE RED PHEASANT RESERVE A BY-LAW FOR THE OPERATION OF BIG GAME OUTFITTING AND RULES AND REGULATIONS FOR OUTFITTING WHEREAS: the Chief and Council of the Red Pheasant Reserve desires to make a by-law governing the operation of Big-Game outfitting for the preservation, protection and Management of Big Game on the Reserve, matters ancillary thereto, and penalty for the violation thereof; AND WHEREAS: the Chief and Council of the Red Pheasant Reserve has the power to make such by-law pursuant to paragraphs 81(1)(o) and (q) and (r) of the Indian Act: AND WHEREAS: it is considered to be expedient and necessary to provide for the preservation, protection and management of Big Game on the reserve; NOW THEREFORE: the Chief and Council of the Red Pheasant Reserve hereby make the following by-law: Short Title: 1. This by-law may be cited as the "Outfitting" By-Law on the Red Pheasant Reserve. Interpretation: 2. In this by-law, "Band" means the Red Pheasant Band. "Big Game" means Deer, Moose, Elk, and Antelope together with such other vertebrate animals that are wild by nature as may be designated by resolution of the Chief and Council. "Predator" means any fur bearing animal who preys on big game such as: coyotes, fox, wolf, etc. "Chief and Council" means the Chief and Council, of the fore- named Band as defined in the Indian Act. "Game Officer" means a game officer appointed under section 4, and includes an officer who has been designated by the Chief and Council, pursuant to Section 5, to administer and enforce this by-law. "Hunting" means taking, wounding, killing, chasing, pursuing, worrying, capturing, following after or on the trail of, search for, shooting at, stalking or laying in wait for any Big Game, whether or not the game is subsequently captured,
2 wounded or killed; "Officer" means a 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 Chief and Council for the purpose of maintaining law and order on the reserve; "Reserve" means the reserve of the Red Pheasant Band as it may exist from time to time and includes all land added to the reserve after the date of this bylaw. "Take" includes the capturing or the taking into possession of Big Game, whether dead or alive. "Baiting" means the use of grains, grasses, salt or hay materials for hunting purposes; "Dress" means the clothing worn during hunting; "Outfitter" means a licensed professional who takes clients hunting; "Client" means a customer of the outfitter; Repeal Previous Bv-Law 3. BY-LAW NO. 1-96 is repealed. Administration; 4. The Chief and Council may, by resolution, appoint one or more game officers to perform such functions in respect of the administration and enforcement of this by-law as are prescribed herein. 5. The Council may designate any officer to perform such functions in respect of the administration and enforcement of this by-law as prescribed herein to be performed by a game officer. 6. Outfitter (a) The Band will allow one outfitter to operate on these lands. (b) The outfitter will be allowed to take a suitable amount of clientele in accordance to their agreement with the Band. (c) The outfitter has to be a licensed outfitter with the Province of Saskatchewan.
3 (d) The outfitter must obey the regulations set forward in this document. 7. Species (a) An outfitter will be allowed to purchase Licenses for any Big Game species found on these lands. (b) An outfitter will be allowed, also, to have clients shoot predators to help control their population. At this point we will not expect to have licenses in place for predator control. 8. Dates (a) All Big Game seasons will run from the first Monday of September to December 31 of a given year. (b) These dates will be open for Muzzle, Archery, Rifle and Cross Bow. (c) Hunting of predators may be done year round. 9. Hunting Times (a) Hunters will be allowed to shoot between the hours of one-half hour before sunrise until one-half hour after sunset. (b) Hunting will be allowed 7 days a week. 10. Baiting (a) Baiting will be allowed on these lands for the hunting of Big Game species and for predator control. (b) There will be no set limit to amount of bait used as it is a quality food source. (c) Bait may also be used for the hunting of predators. 11. Dress Code (a) Clients and Guides plus any other individuals involved with the outfitting operation may use camouflage clothing or regular clothing while hunting. (b) NO specific colours are required. 12. Limits (a) The outfitter is allowed to have each client purchase one
4 Big Game license per species. (b) At this time, predators will not be limited. 13. Licenses (a) The outfitter may purchase hunting licenses from the band for each client. (b) Each Big Game License will have a fee of $300.00 Canadian. (c) These licenses can be purchased before hunting season. (d) Each Client must carry their license with them while hunting for proof of legal hunting. (e) A tag must be attached to the carcass of the animal immediately upon taking possession of same. The Tag must show the date the animal was killed and the name of the hunter who killed it. In the event that the carcass is separated from the hide, a tag bearing this information must be attached to each item. 14. Firearms (a) No loaded firearms in a vehicle. (b) Firearms do not have to be encased. (c) Unloaded firearms will be allowed on all terrain vehicles, they may be carried uncased. 15. All Terrain Vehicles (a) Four wheel drive vehicles will be allowed for transportation while hunting. (b) Three wheelers, quads, argos or snowmobiles will be allowed for transportation purposes during hunting or baiting activities. 16. Violations (a) Anyone who fails to comply with the provisions of this Bylaw commits an offense that is subject, on summary conviction to a fine not exceeding $1,000.00. THIS BY-LAW IS HEREBY made at a duly convened meeting of the Chief and Council of the Red Pheasant Band this ______ day of i 1996.
f r , Voting in favour of the by-law are the following members of the Council. being the majority of those members of the Council of the Red Pheasant Band present at the aforesaid meeting of Council. The quorum of the Chief and Council is S Number of members of the Chief and Council present at the meeting: I, n .__b' 5 '< € ( Chief/Council lor of the Band, do hereby cert:iify that a true^Jrcopy of the foregoing by-law was mailed to the Minister of Indian Affairs and Northern Development at the District/Regional/Hull office (as the case may be) pursuant to subsection 82(1) of the Indian Act, this 5 (Councillor) (Councillor) (Councillor) (Councillor) members. day of < ^ V ■ #
i . Indian and Northern Affaires indiennes 4» Affairs Canada et du Nord Canada ^ BAND COUNCIL RESOLUTION RESOLUTION DECONSEIL DEBANDE mot?: P1® *of0s "From our Band Funds* 'Capital* or "Revenue*, whichever is the case, must appear m all resolutions requesting expenditures from Band Funds. n u ta : Les Mots 'das foods de noire bands* ‘ capital* ou ‘ Revenu* salon le cas doivent paraitre dans toutes les resolutions portent sur des depenaas a rntme las lends des The council of the _ . _ , t L J . Current Capital Balance Le conseil de la bande indienne Red Pheasant F irst Nation Sotde de capital c Agency Distnct Northwest Committed Engage s ----------------Province Saskatchewan Current Revenue Balance Place Soldo de revenue c NomdeI'endroit Red Pheasant F irst Nation Reserve Date AD 19 Committed I O Engage Oay - Jour Monm - Mow Tear - Anna# 5 DO HEREBY RESOLVE: DECIDE. PAR LES PRESENTES: That the attached By-Law No. _________ be enacted by Chief and Council as a By-Law of the RED PHEASANT BAND under the authority of section 8 1 (l)(o ) (q) and (r) of the INDIAN ACT. A auorum for this Band Pour cette banae le quorum est consists of fix£ a Council Members. Membres du Conseil. (Councillor - C o n s o l (Councillor - Conseeer) (Councillor - Conseitier) (Councillor - Consider) •Councilor - Consertler) (Councillor - Consented FOR DEPARTMENTAL USE ONLY - RESERVE a u m in k5TERE i Sana Fund Coda 2 Com outer Balances - Sol des d'ordinateur 3. Stoenortur# - OEoenses 4 Authority (Indian Act Section) 5. Source of Funds Coda du comota Autonte (Aticte oe la loi sur Source des foods de oanoa A Caoftai B. Revenue - Revenu les Indians Q Capital Q Revenue 1 S % 6 Recommanded - Racommendabla Aoproved - Aoorouvaoie Oata Recommencing Officer - Recommanoi oar Oate Aooroving Officer - ApprouvS oar 80-5 (9-86) 7530*21-036-6682
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.