Membertou Reserve Smoking By-Law By-law No. 2005 - 1 of the Membertou Band A By-law for the Minimization of the Health Risk Caused by Second-Hand Smoke to Non-Smokers WHEREAS it has been determined that second-hand tobacco smoke, exhaled smoke and the smoke from idling cigarettes, cigars and pipes, is a health hazard or discomfort for many non-smoking residents of the Membertou Reserve and non residents who purchase the goods and services of the Membertou Reserve and its subsidiaries; AND WHEREAS it is desirable in the interest of promoting the health, safety and welfare of all the residents of the Membertou Reserve and non-residents who purchase the goods and services of the Membertou Reserve and its subsidiaries, to prohibit or regulate smoking, or both, on the Membertou Reserve as hereinafter set out; AND WHEREAS the Council of the Membertou Band is empowered to make a by-law pursuant to paragraphs 81(l)(a), (q) and (r) of the Indian Act, R.S.C. 1985, c.I-5 in order to carry out such purposes, and desires to make a by-law to provide for the health of the residents of the Membertou Reserve, with respect to any matter arising out of or ancillary to the exercise of powers under section 81, and for the imposition of a penalty for a violation thereof; NOW THEREFORE the Council of the Membertou Band hereby makes the following by-law: Short Title 1. This by-law may be cited as the "Membertou Reserve Smoking By-Law". Interpretation 2. In this by-law, "Band" means the Membertou Band; "Council" means the Council of the Membertou Band;
"place ofpublic assembly" means a building or portion thereof used for the gathering together of persons for purposes such as deliberation, holding a meeting or workshop, entertainment, recreation, business or amusement, including but not limited to places such as the Band Office, Membertou Gymnasium, Membertou Seniors’ Centre, Membertou Wellness Home, Membertou School, the Wallace Bernard Memorial Centre, the Membertou Public Works and Housing office, Membertou Trade and Convention Centre, Membertou Market, excluding its gaming area, and similar facilities; "GamingFacilities” means the Membertou Gaming Buildings 1, 2 and 3, the Gaming Trailer, the gaming area of the Membertou Market and the Membertou Entertainment Centre; "Reserve" means the reserves of the Membertou Band and includes Reserves No. 28, No. 28 (a) and No. 28 (b). "sign" or "signs" means a sign as prescribed by subsection 12(1) or 12(2); "smoke" or "smoking" includes the carrying of a lighted cigarette, pipe or cigar or any other lighted smoking equipment but does not include use of tobacco or other materials for traditional or ceremonial purposes; Prohibitions Places of Public Assembly 3. No person shall smoke in an enclosed indoor area being used as a place of public assembly. Gaming Facilities 4. (1) Subject to subsection (2), no person shall smoke in an enclosed indoor area being used as a gaming facility. (2) The Council may designate a gaming facility or a portion thereof, ' referred to in subsection (1), as a smoking area, and where so designated, such area shall bear a sign or signs stating, "SMOKING IN THIS AREA ONLY". (3) Where an area has been designated in accordance with subsection (2), smoking shall be permitted in such area.
Signs and Symbols 5. (1) Where, under any section of this by-law, a sign is to be in accordance with this subsection, such sign shall: (a) carry the text, "NO SMOKING", in capital letters; (b) consist of two (2) contrasting colours, or if lettering is to be applied directly to a surface or to be mounted on a clear panel, the lettering shall contrast to the background colour; (c) with respect to size of lettering, be not less than a letter height of 2.54 cms; (d) include in the text at the bottom of each sign, "Membertou Band By-Law No. 2005- 1 , MAXIMUM FINE $500", in letters not less than one half (1/2) of an inch in height for signs with letter size of one inch (1"), and not less than one-quarter (1/4) of the height of the letters on all other sizes of signs. (2) (a) Notwithstanding the provisions of subsection (1), the following graphic symbol may be used to indicate no smoking areas: Membertou Band Council By-Law No. 2005 - 1 MAXIMUM FINE $500 (b) Any such symbol shall be on a white background with the circle and the interdictory stroke in red, with a cigarette, letters and figures in black, and provided that the diameter of the circle is at least fifteen (15) cm. Penalties 6. (1) Any person who contravenes any of the provisions of this by-law commits an offence and is liable on summary conviction to a fine of not more than $500.00 or to imprisonment for a term of 30 days, or to both a fine and imprisonment.
This By-Law is hereby made at a duly convened meeting of the Council of the Membertou Band this thirtieth day of May, 2006. Voting in favour of the By-Law are the following Terrance Paul - Chief Alexander Christmas - Councillor Dean Christmas - Councillor Councillor being the majority of those members of the Council of the Membertou Band present at the aforesaid meeting of the Council. The quorum of the Council is 6 members. Number of members of the Council present at the meeting: 10 I, Terrance Paul Chief of the Membertou 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 Atlantic offices of the department pursuant to subsection 82(1) of the Indian Act, this 31st day of May, 2006. (Witness) Chief Terrance Paul
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