0 4 - 0 4 - 6 8 6 5 : 1 0 I D = P 04 /1 3 BY-LAW NO. -< v of the One Arrow Indian Band A BY-LAW RELATING TO A PORTION OF THE ENTITLEM ENT RESERVE AND REGULATING LAND USE THEREOF W HEREAS: A. Canada and the Band are parties to the Saskatchewan Treaty Land Entitlement Framework Agreement dated September 22, 1992, (herein the “Framework Agreement”) B. Council o f the One Arrow Indian Band desires to obtain Entitlement Reserve status for the Entitlement Land acquired by the Band for Entitlement Reserve purposes as such land is more particularly described in Schedule “A” hereto (hereinafter referred to as the “Entitlement Land”); C. A portion o f the Entitlement Land as such portion is more particularly described in Schedule “B” hereto is encumbered with a caveat protecting a restrictive use interest therein held by the Minister of Canadian Heritage pursuant jto a Federal Grant No. film 583 document 20 dated 9 July 1987 (hereinafter referred to as the “Prior Interest77) D. Council o f the Band and the Minister of Canadian Heritage, are desirous of providing a means to place the Entitlement Land into Entitlement Reserve status free of the caveat registered against the title to that portion of the Entitlement Land described in Schedule “B”; E. To give effect to the replacement o f the Prior Interest in accordance with the Framework Agreement and to discharge the caveat the Council o f the Band, (with the consent o f the Minister o f Canadian Heritage) are prepared to provide a by-law restricting the use o f that portion o f the Entitlement Land more particularly described in Schedule “C” hereto for Agricultural purposes or such other purpose that is hot inconsistent with the integrity o f the Batoche National Historic Park, that portion being hereinafter referred to as “the Land” ' F. Council o f the Band did enact, made, effective upon the Entitlement Land receiving Entitlement Reserve status, By-law No. on the day of f^ f i f , A-D.f f if lQ as the replacement of the Prior Interest.
0 4 - 0 4 - 0 0 0 5 : 1 1 I D = P Q 5 / 1 3 PART I-G E N E R A L Short T itle 1. This by-law may be cited as the “One Arrow Indian Band River Lot Zoning By-law”. Interpretation 2. In this by-law: a) “Act" means the Indian Act R.S.C., c. 1-5, and the regulations made thereunder, as amended from time to time or any federal legislation enacted in substitution therefore in modification thereof that is applicable to the Band; c) ‘'Band” means the One Arrow. Band o f Indians; d) “Band Council Resolution” means a written resolution o f the Council o f the Band adopted at a duly convened meeting of the Council o f the Band; e) “Entitlement Land” means lands, minerals or improvements in Saskatchewan purchased by the Band intended to be set apart as an Entitlement Reserve pursuant to the provisions o f the Framework Agreement entered into among the Entitlement Bands, the Province o f Saskatchewan and the Government o f Canada dated September 22,1992 and the Band Specific Agreement entered into by the Band pursuant to the Framework Agreement and the Trust Agreement o f the Band dated July 6, 1993;. f) “Entitlement Reserve” means Entitlement Land that is set apart by Canada as a reserve for the use and benefit o f the Band in accordance with its Band Specific Agreement entered into with Canada pursuant to the Framework Agreement; g) “Framework Agreement” means the agreement entered into on September 22, 1992 among Canada, Saskatchewan and the Entitlement Bands; h) “Land” means that portion of the Entitlement Reserve subject to this by-law and more particularly described in Schedule “C” hereto; i) “Owner” means any person lawfully in possession of any portion o f the Entitlement Reserve; j) ‘T rior Interest” means the restrictive use of the Entitlement Land in favour o f the M inister of Canadian Heritage as such interest is more particularly described in the Letters Patent of Grant issued July 9 ,19S7 with respect to the lands described in Schedule “B”;
8 4 - 0 4 - 8 Q 8 5 : 1 1 I D = P S 6 / 1 3 k) “Zone77 means an area o f the Entitlement Reserve designated for Agricultural purposes or such other purpose that is not inconsistent with the integrity o f the Batoche National Historic Park; and l) “Zoning Administrator” means the person appointed or designated by the Council under this by-law and charged with the duty of administering and enforcing the provisions o f this by-law. Application of Bv-law 3 (1) The provisions of this by-law apply to the Land,, as described in Schedule “C” upon the Land becoming an Entitlement Reserve. (2) Schedules “A” to “C” which are attached hereto, are part o f this by-law as fully and to all intents and purposes as though recited in full herein. PART II-ADMINISTRATION Zone A dm inistrator 4. (1) The Council may, by resolution, appoint or designate a person as Zoning Administrator, whose duty it shall be to administer and enforce this by-law. . (2) The Council may, in the resolution, provide for reasonable remuneration to be paid to the appointed or designated Zoning Administrator. PART m-GENERAL ZONING PROVISIONS Prohibition 5. (1) No building or structure shall hereafter be erected nor shall the use with respect to ' the Land hereafter be changed in whole or in part, except in conformity with the provisions of this by-law. (2) . Notwithstanding any other by-law of the Council, no building permit shall be issued with respect to the Land except in conformity with the provisions of this by law, Non-Conforming Uses 6. Nothing in this by-law prevents the use of the Land for any purpose prohibited by this by law, if such Land was lawfully used for such purpose on the day this by-law was made, so long a$ it continues to be used for that purpose.
Nojaous Uses 7. No use o f the Land is permitted which is offensive or dangerous by reason o f the emission o f odour, smoke, dust, noise, gas, fumes, vibration or refuse matter. G ravel F its. Stone Q uarries 8. Gravel pits and stone quarries are prohibited on or in the Land. PART IV-SPECIFIC ZONING PROVISIONS Zones 9, The Land upon becoming an Entitlement Reserve shall receive the following Zone: Zones Zone Symbols Rural RR R ural (RR1 Zone Perm itted Uses 10. a) The Land may be used only for Agricultural purposes or such other purpose that is not inconsistent with the integrity of the Batoche National Historic Park . b) The determination of what constitutes "agricultural purposes or such other purpose that is not inconsistent with the integrity of the Batoche National Historic Park ” shall be jointly made between the Band and the Assistant Deputy M inister- Parks of Canadian Heritage and such determination shall be made in writing and signed by the Band and the Assistant Deputy Minister-Parks o f Canadian Heritage. c) Any dispute between the parties concerning any issue arising out of the provisions o f paragraphs 10 a) and b) shall be referred for resolution to the M inister o f . Canadian Heritage and the Band. PART V-OWNER APPLICATION Allocation of Reserve Land 11. The Land is in the name of Her Majesty the Queen in Right of Canada for the use and benefit o f the Band, has not been allocated to any person as o f the date of this by-law, and has received or is intended to receive reserve status pursuant to the terms of the Framework Agreement. It is a term of the acquisition o f the Entitlement Land by the Band
that the Prior Interest be replaced at the time o f Entitlement Reserve status being provided to the Land. The Band undertakes not to request or consent to any use of the Land which is not in accordance with the terms of this by-law. . Amendment 12. (1) (a) It is the specific intention o f this by-law and the commitment o f the Band, that this by-law takes effect on the date the Entitlement Land described in Schedule “A” receives Entitlement Reserve status. (b) It is also the intention of this by-law and the commitment o f the Band that no amendment to this by-law will be sought by the Band nor authorized by Council during the period that the Batoche National Historic Park exists as a National Historic Park under the National Parks Act without the prior written approval o f the Minister o f Canadian Heritage. (2) Upon thq Batoche National Historic Park ceasing to exist as a National Park under the National Parks Act, Council may alter or revoke this by-law. PART VI-ENFORCEMENT Inspection .. 13. The Zoning Administrator may, at all reasonable hours, enter and inspect the Land for die purpose o f determining whether this by-law is being complied with. Offence 14. (1) A person who uses die Land in a maimer contrary to any provision o f this by-daw, or who causes or permits such use or who otherwise violates any provision o f this by-law or causes or permits any such violation, commits an offence. (2) A person who interferes or obstructs the Zoning Administrator in the administration and enforcement o f this by-law commits an offence. (3) Where an act or omission in contravention of this by-law continues for more than one day, such an act or omission shall be deemed to be a separate offence committed on each day during which it continues'- and may be punished as such.
8 4 - 0 4 - 8 8 8 5 : 1 2 I D = P 8 9 /1 3 Penalty 15. A person who commits an offence under Section 14 is liable cm summary conviction to a fine not exceeding $1,000.00 or to imprisonment not exceeding 30 days, o r to both. This By-law is hereby made at a duly convened meeting o f the Council o f the One Arrow Indian Band this davof Voting in favour oftbe by-law are the members o f Council QzL. Member o f Council ^ ^ “'-M eeaber o f Council Member o f Council Member o f Council ofCouncil y & being the majority o f those members o f the Council o f the One Arrow Indian Band present a t the aforesaid meeting o f the Council. The quorum o f the Council is members. The miniher o f members oftfae Council present at the meeting / ' I /i? Chief/Councillor of the Band, do hereby certify that a true copy o f the foregoing py-law was mailed to the Minister of Indian Affairs and Northern Development o f the Regional Office of the Department of Indian Affairs and Northern Development 2221 Cornwall Street* Regina, Saskatchewan S4P 4M2 pursuant to Subsection 82(1) of the Indian Act this d av o f w & .a.< nr3 . Witness
0 4 - 0 4 - 0 0 Q 5 : i 2 THIS IS SCHEDULE "A" TO BY-LAW NO J v Y ? n f l / Addition To One Arrow Indian Reserve No. 95 FIR ST L Y All that portion of River. Lot 29, in St. Laurent Settlement, in the Province of Saskatchewan, Dominion of Canada, as shown on. a Plan of Survey of the said Settlement, dated June 24, 1921, which, lies to the East of the Easterly limit, of the road right of way shown on a. Plan of Survey of record in the Land Titles Office, for the Prince Albert Land Registration District as No.. 92PA09649 and containing 54.528 hectares (134.74 ac) more or less. MINES AND MINERALS INCLUDED SECONDLY River Lot 43, in St. Laurent Settlement, in the Province of a S c a ) s k m a o t r c e he w o a r n , l es D s o , m in a i s on s ho of w n Ca o n n a Settlement, dated June .24, 1921. Excepting: (a) 0.17 hectares (0.42 ac) , more or less, as Parcel X taken for roadway as shown on a Plan of Survey of L r a e n co d r R d e g i i n s t t r h a e t L i a o n n d D i T (b) 1.13 hectares (2.79 ac) more or less, as Parcels A .and B taken for roadway as shown on a Plan of Survey of record in the Canada Lands Surveys Records in Ottawa as No. 69404 and in the said Land Titles Office as No, . 84PA18099. (c) . - o t r h a l t e s p s o , r t t i a o k n e n c o f n o t r a i P n *' of record in the Canada Lands Surveys Records in Ottawa . as No. 70324 and in the said Land Titles Office as No. 86PA06839. (d) that portion containing 9.551 hectares (23.60 ac) more o s r h ow le n s s o , n a t ak P e l n a n f . o o r f B S Surveys Records in Ottawa as No. 70812 and in the said Land Titles Office as No. B7PA08149. MINES AND MINERALS INCLUDED THIRDLY River Lot 44, in St. Laurent Settlement, in the Province ofI D = P 10 /1 3 d a a , P la c n on t of a in S i u n r g v ey 8 1 o . f 7 46 t he h ec s t a a i r d es (202 ‘ HU s i t t r l i e c s tO a f s f i N c o e . fo 8 r 4P A t 0 h 9 e 0 5 P 8 r . ince Albert a i r n c g e l 2 1 F . 1 s 1 h 3 o w h n e c q t n a r a e s P l ( a 5 n 2 . o 1 f 7 S a u c r ) v e m y ore a u t r o v c e h y e o N f at r i e o c n o a r l d H i i n s t t o h r e ic C an P a ar d k a L as a nds
8 4 - 8 4 - 8 8 8 5 : 1 2 in the. portion of River Lot 50/.-38.508 hectares (95.16.ac) more or less;, in the portion of River Lot 51, 38.545 hectares (95.25 ac) more or less; in the portion of River Lot 52, 51.714 hectares (127.79 ac) more or less, and in the portion of River Lot 53, 54.534 hectares (134.76 ac) more or less. Excepting.Out of River Lot 52, all that portion which lies to the East of a line drawn parallel with and 543.274 metres (27 chains and 6/10 links) Westerly from the rear line of the lot and containing; 9.279 hectares(22.93 ac) more or less, . MINES AND MINERALS INCLUDED R S i I v X e T r H L L Y ot 54, in St. Laurent Settlement, in the Province of a S c a ) s k m a o tc r h e e w o a r n , l es D s o , m in as i o s n h o o f w n Ca o n n a d a Settlement dated November 14, 1910. E x c e p t i n g ! *4 1.16 "hectares (2.87 ac) more or less, taken for roadway as O s f h f o i w c n e on fo r a t P h l e a n P o r f i nc S e u r A v l e b y e NO. 84PA09058.. MINES AND MINERALS INCLUDED SEVENTHLY The South East and South West Quarters of Section 2,. in Township 44, in Range l, West of the Third Meridian, in the Province of Saskatchewan, Dominion of Canada, each containing 64.750 hectares (160 ac) more or less. MINES AND. MINERALS INCLUDED All of the above 7 parcels of land contain 670.342 hectares (1,656.46 ac) more or less.I D = P I 1 / 1 3 a , P la c n on o t f a i S n u i r n v g e y 6 2 o . f 3 22 t he h ec s t a a id res (154 *' ' r o t f L r a ec n o d r R d e g i i n s t th r e a t L i a o n n d D i T s i t t r l i e c s t as
Q 4 - 0 4 - 0 0 0 5 : 1 3 I D = P 1 2 / 1 3 THIS IS SCHEDULE "B" TO BY-LAW HO afoC Q i All those portions of River Lots 47,48 and 49 St. Laurent Settlement, Saskatchewan 1 lying East of the -Eastern limits of the surveyed road . Right of'Way_on Plan 84PA18099.Except? 1.157 hectares out of River Lots 48 and 49, the old Surveyed Trail from a point on the Qu'Appelle and .Prince Albert Trail- to -Batoche 1.00 chain in width and ■ of Record in the Department of the Interior as No, 8233 and in the Land Titles Office for .the Prince Albert Land Registration District as No. BJ 868. MINES AND MINERALS EXCEPTED 3Y 71PA09770 as to River Lot -• 4-7. • MINES EXCEPTED BY 61PA11720 as to North Half of River Lot 4$. ■ • MINERALS IN THE CROWN as to River Lot 49 and the most Southerly 5 chains in width of River Lot 48.
8 4 - Q 4 - 8 Q Q 5 : 1 3 This is Schedule UC” to the One Arrow Band By-law Description for Buffer Zone Bylaw those lands in St. Laurent Settlement, in the Province of Saskatchewan, Dominion of Canada, more particularly described ass FIRSTLY All that portion of the River Lots 47,48 and 49 lying to the West i% of the production Southerly of the Eastern limit of Parcel F, shown on a plan of record in the Canada Lands Surveys Records as nus&er 70324 and of record in the Land Titles Office for the Prince Albert Land Registration District as number 86PA06839 and . to the Bast of the Eastern limit of the road right of way shown i on a plan of record in the Canada Lands Surveys Records as.number 49404 and of record in the said Land Titles Office as number . 84PA19099. KHiBS AND MINERALS EXCEPTED SECONDLY All that portion of the River Lots 50,51,52, and 53 lying to the Bast of the Eastern limit of the road right of way.shown on a planof record in the Canada Lands Surveys Records as number „., '69404 'and of record in the Land Titles Office for'the Prince vi Albert^ Land Registration District as number 84PA18099 and to the West Of a line drawn perpendicular to the Southern boundary of R ( i 9 v 8 e 4 r . 2 L 5 o t ft . 5 ) 3 t f h r r o o m u t g h h e a i p n o t i e n r t s e d c i with the Easterly .limit of the said road right of way. .. KIBES AMD MINERALS EXCEPTED The two parcels of land contain together 51.49 hectares (151.95 ac) ,more or less.___I D = P I 3 / / t s i t o a n n o t f E a t s h t e e s r a l i y d t S h o e u r t e h o e n r 3 n 0 b Q o u m n e d tr a e r s y
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.