LOUIS BULL TRIBE NO. 439 RESIDENCY BY-LAW
BY-LAW NO. 1998-07 of the LOUIS BULL INDIAN TRIBE RESIDENCY BY-LAW W H EREAS the Louis Bull Tribal Government has the authority to govern itself in all respects including matters relating to residency on the Reserve; AND W H EREAS the Chief and Council o f the Louis Bull Tribe derive their authority on matters o f residency from the above and pursuant to provisions o f the Indian Act, as amended from time to time; NOW , THEREFO RE, THE COUNCIL OF THE LOUIS BULL TRIBE HEREBY MAKES THE FOLLOW ING BY-LAW: 1. CITATION This by-law may be cited as the Louis Bull Tribe Residency By-Law. 2. DEFINITIONS For the purposes o f this by-law: a) . APPLICANT: means a person who has submitted an application to reside on the Louis Bull Reserve. b) BAND: means the Louis Bull Band No. 439, the Louis Bull Tribe or the Louis Bull First Nation. c) CHILD or ADOPTED CHILD: means a person as defined in the Louis Bull Membership Code. d) COUNCIL: means the Chief and Council o f the Louis Bull Tribe. e) DW ELLING : means any house, apartment, mobile home or a room located therein, or any similar lodging suitable for habitation. f) MEMBER: means a person whose name appears on the General List o f the Louis Bull Membership Register. g) NON-BAND MEMBER: means any person who is not registered and who is not entitled to be registered pursuant to the Membership Code o f the Band.
2 h) OFFICER: means a member o f the Louis Bull Police Service. i) PRINCIPAL RESIDENCE: means the place at which a person ordinarily resides. j) REGISTRAR OF RESIDENTS: shall be the membership clerk as defined in this Code. k) RESERVE: means the Louis Bull Reserve No. 138B and Pigeon Lake Reserve No. 138 A. l) RESIDE: means to live in a dwelling on the Reserve. m) SPOUSE: means a person who is married to, or who co-habits in a relationship o f some permanence and commitment, akin to a conjugal relationship, with a Member o f the Louis Bull Tribe. n) VISIT : means the period o f time spent on the Reserve by a Non-Band Member for purposes o f meeting a Member. 3. ENTITLEM ENT TO RESIDE ON RESERVE a) A person is entitled to reside on the Reserve if that person: i) is a Member; ii) has his principal residence on the Reserve at the time this by-law comes into force and only until he ceases to have a principal residence on the Reserve; iii) has the permission to reside on the Reserve pursuant to the provisions o f this By-Law; and PROVIDED THAT THE RIGHT OF A PERSON TO RESIDE HAS NOT BEEN REVOKED AS PROVIDED FOR HEREIN. b) A non-member Spouse or non-member dependent child o f a person who is entitled to reside on the Reserve pursuant to the provisions o f subsection (a) above, who actually resides with the said Resident is entitled to reside on the Reserve until such time as the non-member Spouse or non-member dependent child ceases to reside on the Reserve. c) A person's right to reside on the Reserve:
3 i) does not include the right to be provided with a dwelling; ii) does not create the right to start a business on the reserve nor the right to own shares o f a business on the reserve; iii) does not create or grant an interest in land. d) The Entitlement granted pursuant to the provisions o f this by-law is restricted solely to the entitlement o f residency on the Reserve. 4. VISITORS Members may have persons on the Reserve for a visit for a period o f up to one (1) month. After one (1) month, persons are assumed to be residing and must obtain a permit to reside. 5. REGISTRAR OF RESIDENTS a) The Membership Clerk o f the Louis Bull Tribe shall be the Registrar o f Residents and shall implement and administer the within By-Law including the processing o f applications made under this By-law and to maintain all records associated therewith and conduct all the necessary searches and obtain all relevant information. b) The Registrar o f Residents shall maintain a Residents' List, which shall record: i) the name o f each Resident and their membership status; ii) an indication as to whether each Resident is a Resident for an indefinite or defined period; iii) the length o f any defined period o f residence; and, iv) the location o f each Resident's dwelling. 6. M EM BERSHIP COMMITTEE The Membership Committee shall make recommendations to the Council whether a permit to reside shall be issued to the Applicant.
4 7. APPLICATION TO BE A RESIDENT a) Any person may apply to the Council for permission to be a Resident o f the Reserve or to extend any defined period for which permission was previously granted to the person by the Council to be a Resident o f the Reserve. b) The application shall be filed with the Registrar o f Residents and shall include: i) the Applicant's reasons for applying to be a Resident; ii) i f the Applicant proposes to reside on the Reserve for a limited time, the approximate duration o f the proposed residence; iii) the location at which the Applicant proposes to reside; iv) the name o f the Applicant's spouse, if any; v) the names o f the Applicant's dependent children, if any; and, vi) any additional information the Applicant wishes to provide relating to the considerations listed in subsection 9(b). c) The Council may impose a fee by motion o f Council for permits to reside. 8. HEARING a) Within sixty (60) days after the filing o f the properly completed application, the Council shall hold a hearing with respect to the application. b) At least fourteen ( 14) days prior to the hearing, the Registrar o f Residents shall : i) give written notice to the Applicant o f the date, time and place o f the hearing and inform the Applicant that he has a right to appear at the hearing and be heard in support o f the application; and, ii) post in a conspicuous place in the Band office a copy o f the notice. c) At the hearing, the Council shall: i) provide the Applicant with an opportunity to present evidence and to make oral and written submissions, or both, in support o f the application; and,
5 ii) provide any Member present at the hearing with an opportunity to be heard. d) The Council may make rules o f procedure governing the hearing o f applications and shall keep records o f its proceedings. 9. DECISION a) After it has heard all o f the evidence and submissions, the Council shall, within fourteen (14) days, meet to consider the application. b) In determining whether an application for permission to be a Resident o f the Reserve should be granted, the Council shall take into consideration each o f the following: i) whether the Applicant has arranged for a place to reside on the Reserve; ii) whether the Applicant's residing on the Reserve would be compatible with the culture, society and community o f the Tribe and welfare o f the Members residing on the Reserve; iii) the character o f the Applicant; and, iv) the person's willingness to obey the laws, rules and regulations o f the Tribe. c) The Council shall consider: i) granting the Applicant permission to be a Resident o f the Reserve for an indefinite period until such time the Applicant ceases to reside on the Reserve; ii) granting the Applicant permission to be a Resident o f the Reserve for a defined period; iii) extending any defined period for which permission was previously granted to the person by the Council to be a Resident o f the Reserve; or, iv) refusing the application; and shall give written notice o f its decision to the Applicant, incorporating reasons in support o f its decision. d) Within five (5) days after the decision o f Council, the Registrar o f Residents shall post a notice o f its decision in the Band office.
6 10. ENFORCEMENT a) The Chief and Council may order any person who is residing on the Reserve, and who is not a Resident, to cease to reside on the Reserve. b) Any person who fails or refuses to comply with an order made under subsection (a), COMMITS AN OFFENCE as defined herein. 11. REVOCATION OF ENTITLEM ENT TO RESIDE a) The entitlement o f a person to reside on the Reserve may be revoked by the Members by way o f a referendum. b) The calling o f a referendum and the procedures associated therewith shall be as determined by the Council. c) Notwithstanding 10(b) above, the residence o f a person on the Reserve can only be revoked by a majority note o f at least fifty-one (51 %) percent o f the members eligible to vote on the referendum. d) Persons, whose right to reside on the reserve is to be considered on a referendum, shall have the right to make oral or written submissions to the members at a meeting o f the members to be called no less than ten (10) days prior to the holding o f the referendum. e) There shall be no appeal from a decision o f the members on a referendum. 12. OFFENCES AND PENALTIES Any person who contravenes any o f the provisions o f this by-law commits an offence and is liable on summary conviction to a fine not exceeding one thousand ($1,000.00) dollars, or to imprisonment for a term not exceeding thirty (30) days, or make restitution, or perform community service. 13. M ISCELLANEOUS 13.1 Orders and Regulations The Council may, as determined by it in its sole discretion, pass rules and regulations relating to all aspects o f the Residency By-law as contained herein.
13.2 Amendment The Residency By-law may be amended by the majority vote o f at least seventy-five (75%) percent o f the eligible electors present at a duly constituted meeting called for that purpose, o f which one month’s written notice is given. 13.3 Validity In the event that any provision or provisions contained herein shall be deemed to be unenforceable or void in law, then this code shall be read and construed as if it did not contain such particular provision or provisions and the remainder o f this Code shall not be affected thereby. 13.4 Number and Gender Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders. 13.5 Enactment This Residency By-law shall be deemed to have come into force on the 0f November , 199 8 This by-law is hereby enacted this 23rd day o f BE IT KNOW N THAT THE DECLARATION OF THIS BY-LAW RESPECTING RESIDENCY ON THE LOUIS BULL RESERVE IS HEREBY ENACTED AS BY-LAW NO. 1998-07. BY THE COUNCIL OF THE LOUIS BULL TRIBE AT A DULY CONVENED M EETING OF THE SAID COUNCIL HELD ON THE 23rd DAY OF 1998. TH IS BY-LAW IS CONSENTED TO BY THE FOLLOW ING M EM BERS OF COUNCIL. HELEN BULL THERESA BULL 7 23rddav November . 199 8, November SOL \ O . M \ O N c B A UL L -L, JO SE PH C . DESCHAM PS
8 £ l dv-iU L ELAINE ROASTING % Being the majority (or more) o f those members of the Council o f the Louis Bull Tribe present at the aforesaid meeting o f the Louis Bull Tribe. A QUORUM OF THE LOUIS BULL COUNCIL IS FIVE MEM BERS. We, the C hief and Council o f the Tribe, do hereby certify that a true copy o f the foregoing by law was mailed to the M inister o f Indian Affairs and Northern Development at the District/Regional Office . pursuant to subsection 82(1) o f the Indian Act, this 23rd day of November , 1 9 9 8
LOUIS BULL TRIBE PERMIT TO RESIDE APPLICATION APPLICANT'S NAME:______________________________ PERMANENT/PREVIOUS ADDRESS: TELEPHONE NUMBER: ___________ OCCUPATION: ___________________ EMPLOYER’S NAME AND ADDRESS: SOCIAL INSURANCE NUMBER: ____________________________________ HAVE YOU, WITHIN THE PREVIOUS THREE (3) YEARS, BEEN CONVICTED OF A CRIMINAL OFFENCE FOR WHICH YOU HAVE NOT BEEN PARDONED? YES________ N O ________ (IF YES, PLEASE GIVE DETAILS BELOW).
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