56 3 7 ‘so*?/??-53S The Council of the Restigouche Band of Indians at a meeting held this 3rd day of May____ 1977, make the following By-Law pursuant to paragraphs (f), (1) and (q) of Section 80 of the Indian Act. BY-LAW # 1 1 A By-Law to provide for the construction and maintenance of a water works system and appurtenances thereto and for the payment of water rates and to regulate the use of water supplies: 1. In this By-Law: (a) "Band" means the Restigouche_____ Band of Indians. (b) "Council" means the Council of the Restigouche Band of Indians. (c) "owner" includes a person who occupies or resides on any lands as locatee, tenant, licensee or permittee. (d) "service connection" means the service pipes, fittings and valves laid, constructed or installed or that may be laid, constructed or installed by the water commissioner to the lot line of the applicant pursuant to an application for water services under this By-Law and includes any replace ment or extension there of made at any time or from time to time. (e) "water commissioner" means the person designated as such by the Council from time to time. (f) "Waterworks system" means the water distribution and pump system laid, constructed and installed on Restigouche Indian Reserve and any extension or replacement thereof made at any time or from time to time and includes all service connections. 2. An application for a supply of water from the waterworks system may be entertained by the Council between May 1st and October 30 in any year. 3. Where an owner of lands used or occupied for the purpose of a cottage site, business or commercial enterprise or where an owner other than a band member, of lands used or occupied for the purpose of residence, requires a supply of water from the water system, he shall: (a) make a written application to the Council, and (b) deposit with the Council for application towards the cost of construction of the connection, the sum of $30.00 dollars. 4. Where a member of the band, an owner of'land used for residen tial purposes, requires a supply of water from the water system he shall: (a) make a written application to the Council, and (b) deposit with the Council for application towards the cost of construction the sum of $30,00 dollars. 5. Where an application for a supply of water from the waterworks system is not approved by the Council, the deposit shall be returned to the applicant.
2 6 . (a) Where an application by an owner pursuant to Section 3, hereof, has been approved by the Council and the applicant deposited with the Council the monies required to be deposited by this By-Law, the Water Commissioner shall construct to the lot line of such owner the required service connection. (b) Where an application by an owner pursuant to Section 4 has been approved by the Council and the applicant has deposited with the Council the monies required to be deposited by this By-Law, the water commissioner shall construct to the lot line of such owner the required service connection and may with the approval of the Council provide free of charge to the applicant up to fifty (50) feet of copper line of the proper size as determined by the Water Commissioner. 7. A water service connection shall be of a size not smaller than one-half inch nor larger than one and one-quarter inches which size shall be determined by the water commissioner. 8 . A single service connection shall not be connected with two or more buildings except with the consent of the water commis sioner. 9. Every owner who is to receive a supply of water from the water works system shall install such fittings, pipes, taps and plumbing fixtures in, under and about his premises which, in the opinion of the water commissioner, are necessary to receive and control the water conveyed from the waterworks system. 10 . Where an owner has complied with all the provisions of this By-Law, the water commissioner shall turn on the water to the premises of such owner. 11 . Every owner shall repair and maintain and keep repaired and maintained all fittings, pipes, taps and plumbing fixtures installed pursuant to section 9. 12 . No owner shall install or lay any pipes, fittings, taps and/or plumbing fixtures in or about his premises for the purpose of receiving water from the waterworks system unless such pipes, fittings, taps and plumbing fixtures have been approved by the water commissioner. 13 . (1) The water commissioner may enter the premises of any owner connected to the waterworks system for the purpose of inspecting the pipes, fittings, taps and plumbing fixtures. (2) If the water commissioner is of the opinion that the pipes, fittings, taps and plumbing fixtures in or about the premises of any owner are defective or are in need of repairs; or that additional fittings or plumbing fixtures are required to receive or control the water or prevent frost damage to the service connection he shall serve upon the owner a notice in writing to correct the condition. (3) The notice referred to in subsection "2" shall state a reasonable time within which the owner is to correct the condition referred to in the notice. ( 4 ) Where: (a) The notice referred to in subsection (2) has been served on the owner, and (b) in the opinion of the water commissioner the the notice . . ./3
3 13 . con't (4) (b) the water commissioner may turn off the supply of water to the premises of the owner until such time as the connection has been corrected 14 . (1) In this section "year” means the period commencing the first (1st) day of April and ending the thirty first of March immediately following. (2) Water rates shall be paid to the Council on or before the commencement of each year. (3) Where a service connection is laid and constructed pursuant to an application made pursuant to Section 3 or 4 hereof and the premises of the owner is equipped to receive and control water from the water supply system the owner shall pay to the Council prior to the turning on of the water by the water commissioner a proportion of the water rate based on the number of days remaining to the 31st of March immediately follow ing. 15 . The following water rates shall be paid to the Council yearly; (a) by an owner, who is a member of the Band, of lands used or occupied entirely for residential purposes $ 1 2 . 0 0 (b) by an owner of lands used for the purpose of, or in connection with the operation of an office building grocery store, canteen or school $ 3 0.00____ . (c) by an owner of lands used for the purpose of, or in connection with the operation of a restaurant, cafe or bar $30.00 (d) by an owner of lands used or occupied for the purpose of, or in connection with, the following busi nesses: Motel: ........................... $10.50 / per unit Garage (with carw ash) . .......... $60.00 Garage.............................. $30.00 Manufacture (10 employees) Business orm ore................ $45.00 and for usch other business or commercial enterprises, a rate to be determined from time to time by a resolution of the Council. 15 A (1) Notwithstanding anything in this By-Law the Council may require an owner to pay a flat water rate in such amount and in such manner as it may determine from time to time. The rate established pursuant to subsection (1) of this section shall not be less than the highest single rate that would otherwise be payable by the owner under Section 15 hereof. The amount of the water rate established under this section for an owner whose lands are used for or in connection with a particular purpose shall be con sistent with the water rates established under this section for other owners whose lands are used for or in connection with a similiar purpose.
4 ( 2 ) The Council may install, at its expense, a water meter in, on or about the premises of any owner which is connected to the waterworks system. (3) A water meter enstalled under this section shall be and remain the property of the Band. ( 4 ) The water commissioner may enter in, on or upon the premises of an owner from time to time for the purpose of reading the water meter. ( 5 ) Where a water meter is installed in, on or about a premise the owner thereof shall pay to the Council a water rate in such amount as the Council may from time to time determine by resolution. ( 6) The amount of the water rate established under this section for an owner whose lands are used for or in connection with a particular purpose shall be consist ent with the water rates established under this section for other owners whose lands are used for or in con nection with a similar purpose. 16 . CD If an owner neglects or refuses to pay water rates when due the water dommissioner may turn off the water to his premises. C2) If the owner pays to the Council: (a) the water rates in arrears, and (b) a service charge of five dollars for the turning on of the water the water commissioner shall turn on the water supply. 1 7 , Every owner of lands used or occupied for the purpose of or in connection with a cottage shall be closed for the winter season and upon being so notified the water commissioner shall turn of the water. 18 . No owner shall waste or permit water conveyed to his premises from the waterworks system to be wasted. 19 . CD No owner shall use or permit water conveyed to his premises from the waterworks system to be used for purposes other than domestic purposes without the consent in writing of the water commissioner. C 2) In this section the term "domestic purpose" does not include irrigation purposes or lawn or garden watering. 20 . The Council or the water commissioner shall not be liable to any owner or any other person for any damage to the property, lands or buildings of any such owner or person as the result of, or by reason of, or occasioned or attributable to the turning off of the water to the premise of the owner or the failure or breakdown of the waterworks system. 21 . The water commissioner may, for the purpose of construct!..0 , r ^ ^ ..........*-. ̂ ̂ ^ ui the waterworks system or making any additions thereto, shut off the water supply to the premises of any owner for such period of time as he considers necessary to complete the work.
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22. All service fees, charges and rates collected pursuant to this By-Law shall, when required, be expended by the Council for the construction and maintenance of the waterworks system Anthony Dedam Chief Roderick Wysote_____ Michael Isaac Councillor Councillor Simon Dedam__________ Councillor Councillor Herman Wysote_______ _________________ Councillor Councillor Joseph M, Gray______ _________________ Councillor Councillor Alex Vicaire_________ _________________ Councillor Councillor Terry Isaac__________ Counci 1lor
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.