( 1* Indian and Northern Affairs Atta*/es tf>cJ*en«« et do Nord BAND COUNCIL RESOLUTION RESOLUTION DE CONSEIL DE BANDE NOTE: The words "From our Band Funds" "C a p ita l" or "R evenue” , which ever is the case, must appear in all resolutions requesting "expenditures from Band Funds N O T A : Lea m ots “ dea fonds de notre bands ‘ 'C a p ita l" ou r e v e n u " selon le can doivent pam itre dans toutea lea resolutions portent but dew depenaes a memo tea fonds dea bandea XHE COUNCII OF THF LE C.ONSEIL DE LA BANDE in d ie n n e MOHAWK COUNCIL OF KANAWAKE Current Capital Balance Solde de capital ^ AGENCY d i s t r i c t MONTREAL Committed — Engage $ p r o v in c e QUEBEC Current Revenue balance PLACE BAND COUNCIL OFFICE NOM DE L ’ENDROIT 28 JUNE 77 Committed — En6a&e $ DATE AD 19 D A Y - J O U R M O N T H - M O IS Y E A R - A N N E E DO HEREBY RESOL VEj RESOLUTION #58/1977-78 DECIDE, PAR LES PRESENTES: Proposed by Chief James Kane Seconded by Chief Ronald Kirby A o T f K a an d a u w l a y k e c o a n g v r e e n e e s d m to e et a i m n me g n d h el B d y -L on a w J u 5. ne 28th, 1977, Band Council Respecting the Promotion of Sanitary Conditions, The Prevention R o e f s e N r u v i e s , a nc a e p s p ro a v n e d d t M he a y Us 2 e 9t h o , f P 1 r 9 e 68 m . ises of the Caughnawaga Indian Ammendment as follows: Article 7 will now have Article 7(a) and 7(b). 7(a) For the operation and use of any dump or land fill within the Reserve. Definition for Land-Fill: - Earth: Cultivable soil - Soil: Firm land - loose surface material of earth that may be dug or plowed. 7(b) Any member or Non-member of the Caughnawaga Band of Indians involved in a land-fill operation on the Caughnawaga Indian Reserve must obtain an Authorization from the A quorum for this Band Pour cette bande le quorum est B se a t n d th C e o r u e n i c n i . l in writing or typewritten with conditions consi sts of fix£ b Council Members Membres du C on seil 7 / 1 •; . . / ........... 'C o u n c i l l o r — c o n s e i l l e r ) (C oun c i l lo r — c o n s e r l l ' - r ) * (C oun c i l lor — co n a e y t i e r j / ' « C t ’.sr.c 1 1! or — c o n s e i l J e r ) v_' / C-— j » 7} . — c o n s e i l l .^ r ) // y_ ^ • C a: c : 11 or — c o n s e i l l e r ) (C r ur.ciilor * c c r . s t :i\<rr FOR DEPARTMENTAL USE ONLY - RESERVE A U MlbltSTERE '• ; end C j i -2. --CO V P U -TE R B -AL A -NC F -.I - — iS -OL D -£ S D -‘C R DIS - A -TE U R T I 3. r N - I 4. Authority — A u t o r i t e j 5. Source of Funds - /:• j Indian Act Sec IS o u r c e des. t rsid* c ' ’ >-T ’ j • A r t . d e la L o i Eur le :s ' ,— , _ .— F r e e r ue * ! , J n d .. i en s i 1 ' — * Cap ita l i — r.^vem; R r r c - i - en l e d — R e c o m m e n d a b le ; A pproved — A p p r o u v o b l e Date Appr >v»ng O ff icer — Appnrou** per Date R e cc« rr.men d i nf O f f ice r — R e com m a n d e p e r I J! 0-7A> 7530-11-02 3--SCL?
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C O P Y By-Law Respecting the Promotion of Sanitary Conditions, the Prevention of Nuisances, and the Use of Premises on the Caughnawaga Indian Reserve. The following by-law was duly adopted in virtue of the provisions of paragraphs a), d), f), g), h), q) and r) of Section 80 of the Indian Act (1952 R.S.C. ch. 149) by the Council of the Caughnawaga Indian Band at a meeting duly convened and held at Caughnawaga on April 20th, 1968. BY-LAW - 5 DEFINITIONS ARTICLE 1 For the purpose of the present by-law: a) The word "ashes" includes the residue from the burning of any substance or thing. b) The word "debris” includes tin cans, bottles, glass, paper and unused construction materials or former parts of any construction or dwelling. c) The word "garbage" includes any offal, garbage, filth, liquid or solid waste,rotten spoiled or used food, night-soil, wastes and generally anything which is or may be offensive or prejudicial to health or susceptible of endangering health. d) The word "person" includes any possessor, user, occupant, owner, resident, lessee, or agent or wife or child of any of the fore going of property or premises situated within the limits of the Caughnawaga Indian Reserve whether or not such person is a registered member of the Caughnawaga Band. e) The word "property" includes all proper ty, moveable and immoveable, real and personal dwellings, buildings, residences, construction appurtenances, garages, driveways, yards, pastures, ditches, water, wharves, streams, rivers, lakes, ponds and premises situated within the Caughnawaga Indian Reserve of which a person or the band has the possession, use, occupation, lease, enjoyment or exercise of rights in respect thereto. f) The word "refuse" designates garbage, ashes and rubbish, unless otherwise indicated by the context. g) The word "rubbish" includes all domestic refuse not defined as ashes or garbage as well as rags, wood, scrap, rubber, leather, leaves, metal, iron, crockery and any other trash. RESPONSIBILITY FOR ARTICLE 2 PROPERTY Every person is responsible for the permanent maintenance of his property and premises in a sanitary and proper condition and is responsible for all damages caused by the condition of, or things on, the said pro perty and premises if he neglects or omits such main tenance .
-2-DUTIES OF PERSONS ARTICLE 3 Without restricting the generality of article 2, every person shall maintain his property and premises: a) in a good state of repairs. b) free from any thing potentially or actually dangerous to the life, health, or welfare of any person. c) free from any fire or other hazard to life, health or property. d) properly equipped to overcome any peril, including fire. ACCUMULATION OF ARTICLE H REFUSE PROHIBITED No person shall accumulate, allow to accumulate store or keep on his property or premises any ashes, debris, garbage, rubbish or any other type of refuse whatever, save as hereinafter provided in article 5. COLLECTION OF ARTICLE 5 REFUSE All ashes, debris, garbage and any other type of refuse shall, at regular intervals not more than seven days apart, be properly collected, wrapped and placed in suitable containers by a member of each household or the persons responsible for the main tenance of the property or premises on which the refuse is situated. DISPOSAL OF ARTICLE 6 REFUSE All containers in which refuse has been placed shall, at least once a week, be brought to and disposed of at such places on the reserve designated fox’ such purpose by the Council by the persons mentioned in article 5. REMOVAL OF ARTICLE 7 REFUSE The Council is hereby authorized to make such provisions as it may deem necessary for the regular removal of refuse from any property or premises within the reserve and for the operation and use of any pump or land-fill within the reserve. COLLECTION OF REFUSE BY COUNCIL ARTICLE 8 In the event that the Council provides for the regular removal of refuse, such refuse shall be placed in suitable containers which shall be kept in a place readily accessible for such removal at such times as the Council may direct. DANGEROUS THINGS ARTICLE 9 It is prohibited to place in, with or close to refuse any thing liable to cause accidents or damages to any person whether by combustion, corrosion, explos ion or otherwise.
CONDITION OF ARTICLE 10 CONTAINERS All refuse containers shall be maintained in a clean, dry and proper condition by each household or person responsible for such containers and shall be properly stored by such person upon the removal or disposition or refuse. REFUSE ON BAND ARTICLE 11 PROPERTY No person shall deposit, deliver, leave, throw, dispose of or destroy in whole or in part any ashes, debris, garbage, rubbish or any other type of refuse on property held or owned by the band or on the property of another person save as herein provided or with the express written authorization of the Council. DESTRUCTION OF ARTICLE 12 REFUSE PROHIBITED Save as provided elsewhere in this by-law, no person shall store, destroy or otherwise dispose of ashes, debris, garbage, rubbish and any other type of refuse whatever without the written authorization of the Council. DEATH OF ANIMALS ARTICLE 13 The owner of any animal, including fowl, shall report the death of such animal to the Council within 12 hours after such death and shall immediately follow the directives of the Council or of any inspec tor hereinafter mentioned in respect to the disposal of the carcass or body of such animal. INJURIOUS MEAT ARTICLE 14 No person shall have his possession unwho lesome meat, fish, fowl or food of any kind which may in any way be injurious to health.' CONTROL OF PESTS ARTICLE 15 Every person shall take all responsible precautions to control the incidence of pests, rats, rodents and other animals or things constituting a real or potential danger to health or susceptible of transmitting disease of any kind. SCRAP PROHIBITED ARTICLE 16 No person shall store, keep, maintain, erect or allow on his property any sign, poster, wreck, scrap, junk or vehicles of any kind no longer capable of being used or driven for the purposes for which they were built, on any property or premises,fsave that the Council may, by express authorization in writing, permit a person or persons to do any of the foregoing, if same is necessary for his business or livelihood and provided that such business or livelihood be restricted to the places designated by the Council in its authorization. SIGNS ARTICLE 17 No signs, posters or advertisements of any kind shall be placed on band property without the express written authorization of the band Council, which may order the removal of such objects at any time.
WASTE PRODUCTS ARTICLE 18 No person shall dispose of excrement, dirty water, chemicals or waste of any kind except through proper plumbing facilities or in sanitary privies, chemical closets or cesspools approved by an Inspector appointed under the present by-law and provided that such disposal will not detrimentally affect drinking water or water constituting the source of wells or impair the health of any person. INSPECTORS ARTICLE 19 The Council may appoint an inspector or inspectors to carry out and enforce the provisions of the present by-law. AUTHORITY OF ARTICLE 20 INSPECTORS Any inspector appointed by the Council pursuant to the present by-law shall have the authority to enter any property, premises or place situated on the reserve at all times for the purpose of inspecting such property, premises or place to determine if there has been proper compliance by any person with the present by-law. POWERS OF ARTICLE 21 INSPECTORS In addition to the powers mentioned in article 20 such inspector may: a) order any person to do any work or perform any act to remedy any contravention of the present by-law and such person shall, upon receiving written notice of such order, be obliged to carry out such work within the week following such order. b) confiscate any property or thing which contravenes or assists in contravening the provisions of the present by-law. c) carry out any work necessary to remedy any infringement of the present by-law at the expense of the person responsible for such infringement, which person shall be obliged to reimburse the Council for such expense when same is incurred. EX-OFFICIO ARTICLE 22 INSPECTORS All members of the Royal Canadian Mounted Police and all peace officers, constables or other persons employed by the Council for the maintenance of public peace shall be ex-officio inspectors within the meaning of the present by-law with all the powers, authority and duties provided herein for such inspectors. PENALTIES ARTICLE 23 Any person 'who violates any provision of this by-law shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding $50.00 or imprisonment for a term not exceeding 7 days or to both find and imprisonment in the case of a first offence, and to a fine not exceeding $100.00 or im prisonment for a term not exceeding 30 days or to both a find and imprisonment in the case of any sub sequent offence.
— ̂_ COMING INTO FORCE ARTICLE 24 This by-law shall come into, force on the day that it is declared to be in force by the Minister of Indian Affairs and Northern Development or on the 40th day following the transmission of the present by-law to the said Minister, whichever is the sooner. FORMER BY-LAWS ARTICLE 25 REPEALED Upon the coming into force of this by-law all other by-laws dealing with the matters provided for by the present by-law shall be repealed. Original signed by: Chief Andrew T. Delisle • Ass't Chief Ronald Kirby Gene Lahache__________ Thomas Lahache________ Mary Cross____________ Frank Goodleaf________ Frank Curotte
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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.