Part II - Enacted First Nations Legislation

Decision Information

Decision Content

5ARCEE INDIAN BAND ADMINISTRATION R.R. 3, CALGARY, ALBERTA BUSINESS PHONE 281-4455 THE SARCEE BAND OF INDIANS BY-LAW NUMBER 6 Being a By-Law of the Sarcee Band of Indians to provide for the issuance of permits for construction and repairs of works on the Sarcee Indian Reserve No. 145 WHEREAS paragraphs (f), (h) and (r) of Section 81 of the Indian Act to make By-Laws of the Band respecting the construc­ tion and maintenance of water courses,roads, bridges , ditches fences and other local works and the regulation of the construction, repair and use of buildings, whether owned by the Band or by individual members of the Band. . . NOW THEREFORE THE Council of the Sarcee Band of Indians enacts as a by-law thereon as follows: 1. This By-Law may be cited as a "Sarcee Indian Reserve Construction and Repair Work By-Law". 2. In this By-Lax? (1) "Building" means any structure used or intended for supporting or sheltering any use or occupancy. (2) "Permit" means permission or authorization in writing by the authority having jurisdiction to perform work regu­ lated by this By-Law and in the case of any occupancy permit to occupy any building or part thereof. (3) "Authority having jurisdiction" means Sarcee Council or their duly authorized agent. (4) "Sarcee Village" means that portion of the Sarcee Indian Indian Number 145 as shown on the attached Plan to this By-Law.
PURPOSE 3. It is the purpose of this By-Law to stipulate the conditions, requirements and fees of permits for the use, construc­ tion, and demolition of buildings situated within Sarcee Village. APPLICATION 4. When a building is built, this By-Law applies to the use and construction of the building. 5. When the whole or any part of a building is demolished this By-Law applies to any part remaining and to the work involved in demolition. 6. When the whole or any part of a building is moved either within or into a municipality this By-Law applies to all parts of the building. 7. When a building is altered this By-Law applies to- the. whole building except that the By-Law may apply only to part of the building if that part is completely self-contained with respect to the facilities and safety measures required by the Act. 8. When an existing building is damaged- this By-Law applies to the work necessary to reconstruct damaged portions of the building. 9. When the occupancy of a building or any part thereof is changed this By-Law applies to all parts of the building affected by the change. PROHIBITIONS 10. No parson shall commence, authorize or continue any part of the work referred to in the foregoing sections for which part a permit is required by this By-Law unless he has obtained a permit to carry out that part of the work.
11. No person shall use, occupy or permit the use or occupancy of any building or part thereof unless the owner has obtained from the authority having jurisdiction an occupancy permit. PERMITS 12. Other than the holder of a valid an subsisting permit issued pursuant to the provisions of this By-Law, a person erecting altering, repairing, using, constructing, demolishing, or occupying a building shall obtain a permit in accordance with the provisions of this By-Law and shall comply with the provisions of this By-Law. 13. Where an application has been made and the proposed work set out in the application conforms with this By-Law, the Act and all other applicable by-laws, the authority having jurisdiction shall issue the permit for whicja the application is made. 14. Every application for a permit shall (a) be made in the form prescribed by the authority having jurisdiction; (b) state the intended use of the building? (c) contain any and all other information necessary to establish compliance with this By-Law or as required by the authority having jurisdiction. 15. Every permit is issued upon (a) the condition that construction is to be started within six months from the date of issuing the permit, and (b) the condition that construction is not to be dis­ continued or suspended for a period of more than one year.
OFFENCES AND PENALTIES 16. A person who (a) contravens a provision of this By-Law by doing something which he is prohibited from doing, by failing to do something which he is required to do or by doing something in a manner different from the manner in which he is required or permitted to do it by this By-Law? (b) fails to comply with any condition imposed or any plan or specification approved in connection with the issue to him of any permit which he is granted? or (c) uses 'or continues to use or allows to remin in existence a building owned by him or in his legal possession which has been constructed without a permit or otherwise than in compliance with the provisions of this By-Law is guilty of an offence and is liable upon summary conviction to a fine not exceeding $20.00 and costs and upon failure to pay the fine and costs, to imprisonment for a period not exceeding 10 days unless such fine and costs, including the costs of committal are sooner paid. 17. This By-Law repeals all previously enacted Sarcee Band Council By-Laws insofar as construction and repair work on the Sarcee Indian Reserve No. 145 is concerned. APPROVED AND PASSED AT a duly convened meeting of the Council of the Sarcee Band of Indians this 16th day of July, 1975.
GORDON CROWCHILD Chief ALEX CROWCHILD_____________ _ Councillor FRED EAGLETAIL_____________ Councillor VICTOR STARLIGHT______ Councillor REGENA CROWCHILD __________ Councillor TOM RUNNER Councillor
( CAÎiïADA Province of.^&ihsfcta______________ TO WIT 1 Beverley Little Light.... .. Recording ,Secretery (Name) (Capacity) residing at Sarcee_____________________ make oath and swear that the paper-writing (to) which this affidavit is (attached) is a true copy of a document and shown to me and purporting to be the original by-law made pursuant to the Indian Act and signed by Council_______ ___________ and dated July 16,1975 the said copy having been compared by me with the said original document» signature) ¥ Sworn to before me at is _ ___ ____ 1975. Commissioner of paths in apd / for the Province of x -kiN-Or Commissioner for the Taking of Oaths Authorized under Section 108 of the Indian Act.
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