Part II - Enacted First Nations Legislation

Decision Information

Decision Content

Moaquito-Grizzly Bears Head Band By-Law Made under Section 80 s.s. (d) and (g), and Section 81 s.s. (1) and (2) of the Indian Act, being a By-Law to control the burning of grass, weeds, and other rubbish on the . P.a.SW4-?.°.... .GU9t. Whereas it is considered necessary to regulate the starting of fires in the open for the burning of grass, weeds, and other rubbish, and to prevent the destruction or damage of life and property by such fires: Therefore the Council of the ... enact as follows: (1) No fire shall be started in the open except by permission in wri . tin ' g of the Band M . o .. s . q . u . i .. t . o . -. G . (2) Before rubbish or trash is burned, a strip at least three (3) feet wide shall be cleared of all long grass and weeds around the burning area; (3) Before any fire is lit, fire extinguishers, pails of water, pumps and hoses, or some other satisfactory means of controlling and extinguishing the fire shall be readily available; (A) No fire shall be started when there is a high wind blowing; (5) No person shall start a fire which shall be objectionable to the occupants of nearby residences or to the public in general; (6) No person shall leave a fire until it is completely extinguished; (7) No burning of large areas of grass or weeds shall be permitted except under the direct supervision of the Fire Prevention Officer appointed by the Council; (8) Any person violating this By-Law shall be subject on summary con­ viction to a fine not exceeding $100 or imprisonment for a term not exceeding thirty (30) days or both fine and imprisonment. ... }$???&£*.?!?.*...... r . i .. z . z . l . y . .. B . e . a .. r . . s ; Head, •/2
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- 2 Approved and dated at .......BAEULEFORH......... ,............... this .. 3.Q......, .. day of H33T......, 196-7-, by the undersigned neubers of the ... HPAQ.UiJtvQ... GuJB.EL........ ............. e * c » « * v » IR S/-5K Iz A WAN * / m i m i o l I N , r t N j a ^ unistrati oa O m ; o
LTS-INAC-REGINA ID:1-306-780-6128 JUL 0496 15:26 No.008 P.03 BY-LAW NO. 1-96 OF THE MOSQUITO,Grizzley BEAR HEAD, LEAN MAN RESERVE A BY-LAW FOR THE OPERATION OF BIG GAME OUTFITTING AND RULES AND REGULATIONS FOR OUTFITTING WHERE AS: the Chief and Council of the Mosquito, Grizzley Bears Head, Lean Man 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 Mosquito, Grizzley Bears Head and Lean Man Reserves has the power to make such by-law pursuant to paragraphs 81 (1)(o), (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 Mosquito, Grizzley Bears Head and Lean Man Reserve hereby Makes the following by-law; Short Title; 1. This by-law may be cited as the "Outfitting" By-Law on the Mosquito, Grizzley Bears Head and Lean Man Reserve. Interpretation: 2. In this by-law, Band means the Mosquito, Grizzley Bears Head and Lean Man 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 Bands as defined in the Indian Act. "game officer" means a game officer appointed under section 3, and includes an
LTS-INAC-REGINA ID:1-306-780-6128 JUL 0496 15:27 No.008 P.04 V \ page 2 officer who has been designated by the Chief and Council, pursuant to section 4, 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 lying in wait for any Big Game, whether or not the game is subsequently captured, 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 Mosquito, Grizzley Bears Head and Lean Man as it may exist from time to time and includes all land added to the reserve after the date of this by-law. "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 a customer of the outfitter who can be of Canadian, Non-resident and of Saskatchewan decent. Administration; 3. The chief and Council may, by resolution, appoint one or more game officers to preform such functions in respect of the administration and enforcement of this by-law as are prescribed herein. 4. The council may designate any officer to preform such functions in respect of the administration and enforcement of this by-law as are prescribed herein to be performed by a game office
LTS-INflC-REGINA ID :l-306-780-6128 JUL 0496 15:27 No.008 P.05 page 3 §, Outfitter (1.) The band will allow one outfitter to operate on these lands for a period of yore, agreements. (2.) The outfitter will be allowed to take a suitable amount of clientele in accordance to their agreement with the band. (3.) The outfitter has to be a licensed outfitter with in the province of Sask. (4.)The outfitter must obey the regulations set forward in this document. g. Species (1.) An outfitter will be allowed to purchase Licences for any Big Game species found on these lands. (2.) 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 licences in place for predator control. If a client wishes to take a predator hide back with them, the band gives authorisation to the client to get an export permit from the province. 7. Dates (1.) All Big Game seasons will run from the first Monday of Sept, to Dec. 31 of a given year. (2.) These dates will be open for Muzzle, Archery, Rifle and Cross bow. (3.) Hunting of predators may be done year round. 8. Hunting times (1.) Hunters will be allowed to shoot between the hours of half hour before sunrise until half hour after sunset. (2.) Hunting will be allowed 7 days a week.
LTS-INflC-REGINfl ID:1-306-780-6128 JUL 0496 15:28 No.008 P.06 Pag© 4 9. Baiting (1.) Baiting will be allowed on these lands for the hunting of Big Game species and for predator control. (2.) There will be no set limit to amount of bait used as it is a quality food source. (3.) Bait may also be used for the hunting of predators. 10. Dress code (1.) Clients and Guides plus any other individuals involved with the outfitting operation may use camouflage clothing or regular clothing while hunting. (2.) No specific colors are required. 11. l imits (1.) The outfitter is allowed to have each client purchase one Big Game license per species. (2.) At this time predators will not be limited. 12. Ucenges (1.) The outfitter may purchase hunting licenses from the band for each client. (2.) Each big game Licence will have a fee of $300.00 Cdn. (3.) These licences can be purchased before hunting season. (4.) Each Client must carry their license with them while hunting for proof of legal hunting. (5.) Band issued License is the authority to export game species from reserve. (6.) All Big Game must be legally tagged upon killing. i
LTS-INAC-REGINA ID=1-306-780-6128 JUL 04 96 15 = 28 No.008 P.07 \ Page 5 13. Firearms. (1.) No loaded firearms in a vehicle. (2.) Firearms do not have to be encased. (3.) Unloaded firearms will be allowed on all terrain vehicles, they may be carried uncased. 14. All terrain vehicles. (1.) Four wheel drive vehicles will be allowed for transportation while hunting. (2). Three wheelers, quads, argos or skidoos will be allowed for transportation purposes during hunting or baiting activities. 15. Violations. (1.) No fine will exceed $1000.00 Cdn. (2.) All fines to be paid to the Mosquito band (3.) The Band will determine the amount of a fine for a hunting offence. (4.)The band will allow for 6 months to have fine paid. (5.) If you owe a fine after your six month period the Band will not allow you to hunt on these lands until the fine is squared away.
LTS-INAC-REGINA ID: 1-306-780-6128 JUL 04 96 15:29 No.008 P.08 Page 6 THIS BY-LAW IS HEREBY made at a duly convened meeting of the Chief and Council of the Mosquito, Grizzleyy Bear Head, Leanman Band this *T day of 1996. by-law are the following members of the council. (Chief) (Councillor) (Councillor) (Councillor) $2 1 . IfeLkZLL (Councillor) ___ V ja ^ X J o (Councillor) (Councillor) being the majority of those members of the Council of the Mosquito, Grizzleyy Bear Head, Leanman Band present at the aforesaid meeting of council. The quorum of the Chief and Council is (qmembers. Number of members of the Chief and Council present at the meeting 7 I, \[lJ Z A U a l L It̂ kLph.i^ Chief/Councillor of the 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/Hull office (as thecase may be) pursuant to subsection 82(1) of the Indian Act, this day of 1996. -0,0/1*4^ --- TZZ------------ --- (xy-V ---Witness Chief/Councillor
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