Part II - Enacted First Nations Legislation

Decision Information

Decision Content

¥7 ^ 5 C A N A D A M I N I S T E R O F C I T I Z E N S H I P A N D I M M I G R A T I O N I HEREBY declare the following by-law made by the Council of the Red Bank Band of Indians in the Province of New Brunswick, at a meeting held November 23, 1959,'to be in force: By-law No. 1 - A by-law to provide for the protection, preservation and management of fur bearing animals, fish and game on the Red Bank (Red Bank, Sugary, Big Hole and Indian Point) Indian Reserve in the Province of New Brunswick.
% / ( The Council of the *. .eA .Sank a > | gaud of Indians at a meeting h e l d . » ^ A rA*. makes the following by-law pursuant to paragraphs (o) and (r) of Section 80 of the Indian Act. By-law No.. .V................ A by-law for the protection, preservation and management of fur bearing animals, fish and game on theJW! Hole Indian,Po^nt)#...Indian Reserve In the Province of. . . .̂,r.liris.5,A <vc.... 1. No person, other than a member of the........ ......... Band of Indians shall trap, fish or hunt within the boundaries of the above mentioned Indian reserve without a special permit from, the Council of the Band or other person named by the Council to issue such permit* 3. No member of t h e . . . . J H 4 . ' B a n d shall invite or accompany any person who is not a member of the above mentioned band onto the...... c;4 .......Reserve for the purpose of trapping, fishing or hunting unless that person has first obtained a written permit to so do from the person authorized by the Council to grant such permission. HUNTING-3. Permits to hunt m y be obtained only on production of a valid and subsisting..,?.^.?. ..Provincial License, and may be subject to a fee prescribed, from time to time, by the Council of the Band* 4* Holders of permits to hunt migratory birds or big game must be accompanied by a member of the..??§.*2i&.............Band to act as a guide, as provided in Section 6 of this by-law. 5. Open seasons, bag limits, possession limits and all other matters with respect to hunting not provided for in this by-law shall be, with respect to ducks as set out in the regulations for the Province of. -JzY . . .made under authority of the Migratory Birds Convention Act and, with respect to other game, as provided in the regulations made under t h e . G a m e Act for the con­ tiguous provincial lands,
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GUIDES 6, All band members before being perroitted to act as guides must register with, the council of the band, who will issue free of charge written permission to guide on the reserve. 70 Every band member with permission to guide under the preceding section is required to abide by any rules and regulations set down by the Council for the instruction of guides and failure to do so will result in withdrawal of permission to guide. ENFORCEMENT 8. The Chief and Councillors of the Band, Indian constables and any other person or persons named by the Council shall be ex-officio officers for the enforcement of this by-law. 9. Any officer for the enforcement of this by-law shall forthwith seize all game or fish protected by this by-law which (a) is found by him in possession of any person, other than a member of the Band, who is not in possession of a permit under Section 5 of this by-law; (b) appears to have been taken by some unlawful means; and shall bring such game or fish before a police magistrate, stipendiary magistrate or person appointed by the Governor in Council to be a justice of the peace for offences under the Indian Act. 10. Where a person is convicted of an offence under this by-law, the convicting court or judge may order that the game, fish, in addition to any penalty imposed, are forfeited to Her Majesty for the benefit of the band provided, however, that 'the meat or fish so forfeited shall be delivered to a charitable institution designated by the Council. PENALTIES 11. Any person vrho violates any of the provisions of this by-law shall on summary conviction be liable to a fine not exceeding one hundred dollars or imprisonment for a term not exceeding thirty days or both fine and imprisonment. Red Bank, N. B., Nov. 23rd. 1959. / /
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