BY-LAW N O . IP 7 / . of the Edm undston Indian Bnud A By-law respecting the construction and m aintenance o f fences W H ER EA S Uie Council o f the Edmundston Indian Band desires to make a by-law governing the construction and maintenance o f fences on the Edmundston Indian Reserve; A N D W H ER EA S the Council o f the Edmundston Indian Band is em powered to make such by-law pursuant to paragraphs 8 1 (l)(c ), (d), (f), (q) and (r) o f the Indian A ct: A N D W H ER EA S It Is considered to be expedient and necessary for the benefit, com fort and w ell-being o f the inhabitants o f the Edmundston Indian R eserve and for each individual ow ner's right to the use and peaceful enjoym ent o f their land on the Reserve; N O W TH ER EFO R E the Council o f Uie Edmundslvn Indian Band hereby makes the follow ing by-law; SHORT TITLE 1 . T his by-law may be cited as the "Edmundston Band Fencing By-Law", • . in t e r p r e t a t io n 2 . In this by-law , "Band"means the Edmundston Indian Band; "Band Administrator* means the band administrator o f Uie Edmundston Indian Band who is appointed by resoluUon o f the Council for the purposes o f tills B y- Law; « • 1 " Council"means the Council o f Uie Bdmundslon Indian Band;__ . _______ __ icflS-P 11031*4:; 9 i o $ i k 11O 18 01
"fence” means a fence marking the boundary between separately owned or controlled parcels o f land within the Reserve; "owner" means a lessee, the holder of a Certificate of Possession, Occupation, or Location Ticket as referred to in the Indian Act: and " Resrve" means that tract o f land the legal title to whicli is vested in Her Majesty that has been set apart for tire use and benefit o f the Edmundston Indian Band, and known as the Edmundston Indian Reserve number 10. APPRO VAL O F NEIGHBOUR 3. N o person shall remove, cut or damage the whole or any part o f a fence without first obtaining (lie written approval o f the owners o f the lands enclosed by or abutting such fence. AGREEMENTS BETWEEN NEIGHBOURS 4 , Owners o f adjoining lands may enter into any written agreement in respect to the type o f fence and the responsibilities o f each in respect to its erection and maintenance, which agreement shall be filed in the O ffice o f the Band Administrator and enforced as if it is a decision made by the Band Administrator pursuant to section 16. COUNCIL’S APPROVAL O F ALLOTM E cut; 5 . Prior to the granting or approval o f any lease or allotment o f land, the Council may require the construction, reconstruction, alteration, removal or repair o f any fence related to the lands to be so leased or allotted, including the division o f any costs or responsibilities. V NOTICES 6 . (1) Any notice required by this by-law shall be in writing and may be served in person or by registered mail on the owner, the occupant o f the land in question, or the Band Administrator, as the case may be, or with an adult person apparently residing at the place o f abode o f the owner, occupant or the Band Administrator. (2) An occupant, not being the owner o f the land, who has received a notice in the manner set forth in subsection (1), shall immediately forward such notice to the owner. OBLIGATIONS OF OWNERS 7 . (1) Every owner shall make, keep up, and repair a just proportion o f every fence marking the lim its o f lands controlled by him , or if there is no fence, shall make,
keep up and repair a just proportion of any fence which may be subsequently constructed. (2) For the purpose of subsection (1), the just proportion of any fence for which an owner is responsible may be determined as follows: (n) all fences or parts thereof separating a public road or road allowance and the lands o f the owner; and (b) when standing on his lands and facing the lot line in question, that half of any such fence lying to his right. FENCE SPECIFICATIONS 8 . (1) N o person shall erect or construct a fence within the Reserve unless It is: (a) constructed o f timber, steel, iron or wire o f a type other than barbed wire; and (b) having a height o f not less than 3 feet and not more than 4 feet 6 inches with the posts thereof being not more than twenty feet apart; provided however that where the fence consists o f a hedge, the hedge shall not be less than 3 feet in height or more than 4 feet 6 inches in height with the plants spaced not more than 1 foot 6 ind ies apart. (2) Notwithstanding subsection (1), a fence may (a) be constructed o f any material or o f any dimensions which the owners o f the adjoining or abutting properties may agree to in writing pursuant to section 4; or (b) be constructed o f such material, dim ensions, or style as ordered by the Band Administrator upon arbitration. BENCE NO T TO OBSTRUCT 9 . Notwithstanding sections 7 and 8 , no fence shall be constructed o f such material, design, or height so as to obstruct or interfere with (a) the safe passage o f vehicles on roads adjoining the lands where the fence Is situate, or ** (b) the lawful use and enjoyment by any owner or occupant o f adjoining or abutting lands or premises.
HQI1CE OF FENCING DISPUTE 10.(1) i f an owner refuses or neglects to build or maintain his portion of a fence, or erects or constructs a fence contrary to sections 7, 8, or 9, the owner of the adjoining land may by notice in writing require him to do so. (2) If a fence is not erected, constructed, altered, removed, or repaired, as the case may be, in accordance with the requirements set forth in the notice given pursuant to subsection (1), within 14 days from the date that the notice is issued, the owner may request the Band Administrator in writing to direct and determine the matter in dispute. (3) Upon receipt o f a request pursuant to subsection (2), the Band Administrator shall make all necessary arrangements to arbitrate the dispute and shall notify, in writing, each owner in the dispute, o f the date, time and place o f the meeting for arbitration which shall be not less than 7 days nor more than 14 days from the date o f the notification. (4) A notice pursuant to subsection (3) may be in Form "A", attached hereto and forming part o f this By-Law. ATION O F DISPUTE 11.(1) The Band Administrator shall, at the time appointed in section 10, exam ine the lands and fence and make a decision respecting the matters in dispute. (2) Any decision made pursuant to subsection (1) shall be in writing and shall specify the locality, quantity, description and the minimum cost o f the fence ordered to. be made, or whether the fence shall be removed or altered, as the case may be, and the tim e in which the work shall be done, and shall state by which o f the said parties the costs o f work and materials shall be paid, *br whether either party shall pay a certain or specified portion o f such costs. (3) A decision made pursuant to subsection (1) may be In Form *B“, attached hereto and forming part o f this By-Law. (4) In making such a decision, the Band Administrator shall take into consideration (a) the nature o f the fences in use in the locality, (b) the pecuniary circumstances o f the persons between whom he is arbitrating, (c) the requirements set forth in this by-law for the erection o f fences, and
(d) generally, the suitableness of the fence to the needs of each party to the arbitration. (5) The Band Administrator shall deposit Ids decision with the Band Council within 48 hours o f his determination o f the matters in dispute and shall within the same time period deposit a copy o f the decision with all parties to the dispute. APPEAL 12,(1) Within 7 days o f the date that the Band Administrator's decision is deposited with the Band Council, any person dissatisfied with the decision may appeal to the Council by leaving a notice in writing at the Band O ffice and with the other party to the dispute. (2) The Council shall hear and determine the appeal within one month o f the depositing o f the appeal and may set aside, alter or confirm Use decision, and may examine the parties and witnesses including the Band Administrator. (3) Any decision o f the Band Administrator which has been so altered, confirmed or set aside by the Council is final. (4) A ll parties to a dispute shall comply with any decision made by the Band Council pursuant to tills section, or, where a decision o f the Band Administrator is not appealed to the Band Council, o f the Band Administrator's decision, as the case may be, within the time stated for such compliance. MJrtlU tlAMCE 13. W here a person has, without lawful excuse, refused or neglected to com ply with a decision made by tlie Council pursuant to section 12, or, to a decision made by the Band Administrator pursuant to section 11 where no appeal has been filed , the Band Administrator or his agent or agents may effect all and any work necessary for such compliance and may recover the value and the costs o f such work and materials, if any, from the person who has so refused or neglected to com ply. j
PENALTY 14. Any person who violates any o f the provisions o f tills By-Law commits an offence and is liable on summary conviction to a fine not exceeding S I ,000 or to imprisonment for a term not exceeding thirty days, or to both. This by-law is hereby made at a duly convened meeting o f the Council o f the Edmundston Indian Band this ^_day nf 19 Voting In favour o f the by-law are theiifrlowing members o f the Council: 'AJ o f the Council) C tuuuu J I l I&jLLo-J-aJ (Member o f the Council) (Member o f the Council) (Member o f the Council) (Member o f the Council) being the majority o f those members o f the Council o f the Bdmundston Indian Band present at the aforesaid meeting o f the Council. The quorum o f the Council is q L members. Number o f members o f the Council jpresent at the meeting: o L I, ief/Councillor o f the Bdmundston Indian Band, do hereby certify that a true copy o f tlhe foregoing by-law was malted to the M inister o f Indian Affairs and Northern Development at the D istiict/R eglonai/ H ull offices (as the case may be) pursuant to subsection 82(1) o f the Indian Act, this day o f 19.57 M ld lU lu -(W itness) (Chief/Councillor)
THE EDMUNDSTON BAND OF INDIANS BY-LAW N O . / f 7/ - 0 2 FORM "A" N O TICE TO TH E PARTIES TO TH E DISPU TE T O _____ A N D TO PURSUANT to Section ___o f By-Law N um ber____ o f the Council o f the Edmundston Band o f Indians TAKE NOTICD THAT tho Band Administrator, as requested by __________________ . w ill attend on th e ______ day o f . 19___ , at the hour o F ____________ o ’clock(local tim e); to view and arbitrate upon the line fence in dispute between lands controlled by ' and by _______________________ _ _________, and being lo t _____________ and lot DATED at ___________ , th is________day o f______________ 19 Band Administrate!-
THE EDMUNDS I ON BAND OF INDIANS BY-LAW NUMBER 2. FO RM "B" BAND A D M IN ISTR i A TO R 'S D EC ISIO N i» . the Bund Administrator o f the Edmundston Band o f Indians, having been appointed to view and arbitrate upon the line fence between _______________ _ and ____ __________________which fence is to be made and m aintained/ altered / rem oved (as the case may be) between ..(describe properties) , and having exam ined llie prem ises and duly acted according to by-law num ber____ do decide as follows: DATBD tills__________day of ________ , 19 Band Administrator
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