B YLA W 98-7 A B Y -LA W R ES P EC TIN G TH E U SE O F TH E R E S O R T LANDS AND BUILDINGS W H E R E A S Paragraph (d) of Section 81(1) of the Indian Act, R.S.C., ch. 1-5, empowers the Chief and Council of a Band to enact By-Laws preventing disorderly conduct and nuisances; A N D W H ER EA S Paragraph (h) of Section 81(1) of the Indian Act, R.S.C., ch. 1-5, empowers the Chief and Council of a Band to enact By-Laws regulating the construction, repair and use of buildings, whether owned by the band or by individual members of the band; A N D W H ER EA S Paragraph (m) of Section 81(1) of the Indian Act, R.S.C., ch. 1-5, empowers the Chief and Council of a Band to enact By-Laws for the control or prohibition of public games, sports, races, athletic contests and other amusements; A N D W H ER EA S the Chief and Council of the White Bear First Nation feel it expedient to enact a Bylaw regulating the use of the buildings and land within the Resort in order to prevent disorderly conduct and nuisances within the Resort A N D W H ER EA S Paragraph (p) of Section 81(1) of the Indian Act, R.S.C., ch. 1-5, empowers the Chief and Council of a Band to remove and punish persons trespassing on the reserve or frequenting the reserve for prohibited purposes; N O W TH ER EFO R E, The Council of the White Bear First Nation hereby enacts the following By-Law: 1. In this By-Law: (a) "Company" means the White Bear Lake Resort Inc. appointed by the White Bear Band Council for the operation of White Bear Lake Resort; (b) "Council" means the Council of the White Bear First Nation; (c) "Officer" means any person employed in connection with the administration and management of the Resort; (d) "Receptacle" means a covered garbage disposal container for outside placement; (e) "Recreation Site" means any area designated as a recreation or protected area; (f) "Resort" means the White Bear Lake Resort 2. Every person or group wishing to enter the Resort area for camping, picnicking or other purposes shall possess a permit issued by fte Company, which shall state the length of stay, the area to be used and the number of persons in the group. No person, excluding members of the White Bear First Nations, shall be allowed into the Resort without such a permit except in accordance with this By-
Law and any person, excluding members of the White Bear First Nations, not possessing such a permit shall be prohibited from the Resort and required to vacate the premises. The permit issued is not transferable and is valid only during the period stated on the permit. No person shall: (a) Use or occupy any kitchen, shelter, service building, boathouse or pavilion for sleeping accommodation; (b) Erect or affix any tarpaulin, blanket, structure of wood, wood product, metal or other material to the walls or superstructure of any building in the Resort or Recreation Site; (c) Use the area under permit to him or any other public building, structure or appurtenant to the detriment or inconvenience of other persons. The Company may: (a) Prescribe the hours during which any public building or facility provided in a public campground for the use of permit holders may be used or prohibit or discontinue its use at any time for such period as he considers necessary; (b) Prescribe the hours during which quiet shall be maintained in the campground; (c) In an emergency or for any reason that in the opinion of an Officer requires action, require that a public campground be vacated; (d) At any time enter any area in a campground for the inspection thereof, (e) Order the removal from the Resort, any structure or vehicle that in his opinion is unsightly or a fire hazard or is likely to cause injury to persons or damage to other property. (a) A seasonal trailer camping permit valid for the period of June 1 to September 15 or any portion of that period may be issued for designated campsites within the Resort (b) A trailer site held under a seasonal permit wifl be considered open if vacated for any period over forty-eight hours without prior arrangement (c) Portable attachments to trailers are not permitted on trailers in such designated campsites. (d) All trailers must be removed within 48 hours of expiry of the corresponding permit or the Company will remove the trailer at the owner's expense. The Company may waive the requirement of a Resort user's permit during any period and give notice by means of suitable signs or may authorize the issuing of a valid pass-through permit authorizing any vehide to travel through the Resort or Recreation Site.
8. Every person to whom a permit sticker is issued shall immediately affix the sticker and keep it affixed to the inside of any window on the left hand side of the motor vehicle. 9. The Company may take adequate precautions including the erection of park gates to ensure that the required Resort user's permit has been acquired and an Officer may stop and inspect any vehicle within or entering an area for which a Resort user's permit is required. 10. The Company shall not be liable for any damage occurring as a result of reasonable measures taken to ensure that a Resort user's permit has been secured. 11. An Officer may without notice to the permit holder, revoke the permit where the holder thereof fails, neglects or omits to: (a) Furnish correct information to secure a permit or to maintain a permit in force or where for such purpose he furnishes information that is false or misleading; (b) Comply with the conditions of his/her permit; (c) Comply with a directive of the Officer made pursuant to this or any other By-Law in force in the Resort; or (d) Comply with any Bylaw provision in force in the Resort. 12. Any person who has had their permit revoked pursuant to paragraph 11, will be in the same position as a person who had never possessed a permit, and will be required to leave the Resort immediately. 13. This By-Law may be enforced by the R.C.M.P on instructions from an Officer. 14. Any person who violates any of the provisions of this By-Law shall be guilty of an offence and shall be liable on a summary conviction to a fine not exceeding one thousand ($1,000.00) dollars, or imprisonment for a term not exceeding thirty (30) days, or both. 15. The Chief and Council reserve the right to revisit this issue and amend the By- Law at a regularly convened Chief and Council Meeting of the White Bear First Nation.
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.