1 « » « K CAS.V IS S .C f lS fte S S C I* ]! *469 WHERE RS the Chier end Council of the Heart Loke First Notion #469 derive their authority from and ore responslhle to the membership of the Bond for the peace, order and good government on the Heart Lake Indian Reserve #167; end IV HE HERS the Council, os the Indian Government of the Reserve, desires to continue to assert Its Inherent and traditional authority In o manner reflecting the values, customs and traditions of the Bond ond thereby preserve the community hormony, cultural heritage, and loiv ond order on the Reserve; end IVHERERS the members and Council desire to establish loivs to regulote and control residency on the Heart Lake Indian Reserve #167 In aproper end lawful manner, pursuant to S.BI ( 0 (c) (d) (p .ll ond (p.2) of the Indian Ret: BE IT RESOLVED THAT: CHIT 1 ON 1. This By-latv may be cited as the Residency By-Lam of the Heart Lake First Notion #469 RLMNITIONS 2. For the purposes of this By-law: a. "Met* meons the Indian Ret being chapter 1-6 of the Revised Statutes of Canada 1970, os omended; 0. "Bond" means the Heart Lake First Nation #469 c. "Child" means ony person under the age of eighteen years; d. 'Dependent* means any person who Is economically, physically or otherwise dependent upon another person for their maintenance and well being; e. Council" meons the Band Council elected by members of the Band; f. Indian* means o person whose name appears on the Indian Register as defined In the Bet;
JS U sttencp Wy-%ato g. "Member* meons a person whose nome bos been entered upon the Membership List of the Heart Lake First Notion #469 pursuant to the provisions and procedures of the Membership Code of the Bond; b. "Reserve' meons the Heart Lake Indian Reserve #167 I. "Resident* meons o person ivho Is permitted to reside on the Reserve pursuont to this By-Latv; I KTEBflEIHIl BN i f 8Y U M 5.1 liiords in this By-Law tbot mould normally Imply singularity or mole gender should be Interpreted os Including the singular and plural and the masculine and feminine or neuter gender where the context requires. 3.2 If any part of this By-Law is found by the Courts to be Ineffective or Inoperotlue by rule of law, It shall be seuered from the By-Low In order to preserve the intent of the whole. 3.3 This By-Law shall be Interpreted and applied In a manner consistent with the customs, traditions and values of the Band and nothing In this By-Low should be construed or Interpreted so os to deny, abrogate or derogote from any of the oborlglnol and Treaty rights of the Bond ond the Membership of the Bond. 4.1 For the purposes of this By-Law a person shod be deemed to reside on the Reserve If: a. The person sleeps overnight on tne Reserve for four (41 consecutive nights or fourteen (1 4) nights In a sixty (60) day period; or b. The person hos o permanent home or residence on the Reserve from which he may be temporarily absent and to which he Intends to return, but in no cose sholl such a "temporary absence* exceed ninety (90) days. MEMBE1 HCSIPLNTS 5.1 Every member of the Bond over the oge of eighteen (18) yeors who resides on the Reserve at the effective dote of this By-Law, shall automatically be granted Member Resident Status and his nome entered on the Band Residency List. pay* J
T ïT 'f f l J tU s if c n c y 5.2 Bny member of the Band ouer the age of eighteen (IB ) years who Is not residing on the Reserve os of the effectioe dote of this By-Law, and who wishes to reside on the reserue may apply to the Council for Conditional or Member Resident Status. NBNMEMBEB » l l i [ Bf MEMBER BESIBENT 6. Rny non member spouse of o member gronted Member Resident Stotus pursuant to $. 5.1 or 5.2 shall be permitted to reside on the Reserue os a Conditional Resident upon the conditions that: a. he remains monied to the Member Resident; end b. he continues to reside with the Member Resident; and c. he obseroes law and order on the Reserue. ■EPENPEHIS m i cum m in 7.1 Pursuant to S. 18.1 of the Indian Bet, o member of the Band permitted to reside on the Reserue may reside there with his dependents, minor children, or minor children of whom he has legal custody. 7.2 The dependent or minor child of ony non-member granted Conditional Residency on the Reserve may be permitted to reside on the Reserue as a Conditional Resident upon the conditions that: a. he maintains his residence with the parent, guardian, or adult upon whom he Is dependent; and b. he obserues the law and order on the Reserve; and c. the parent, guardian or adult remains a Conditional Resident. CiNPlTIONBC IE SI BENTS B.1 Rny member or non-member seeking to reside on the Reserve for a limited period of time or for a specific purpose may apply to the Council for permission to become a Conditional Resident of the Reserue. 8.2 Rn application for permission to become a Conditional Resident shell Include a statement of the purpose for which the residency permit Is being sought, the name of the member with whom the Conditional Resident seeks to reside, the locotlon of the residence, ond the period of time during which the applicant wishes to be a Conditional Resident.
f iX f t t ü U s tte n q ? $ày-%n\Ji •.S Subject to the applicant satisfying the substontlue and procedural requirements of this By Low, and upon being satisfied that It mould be In the best Interests of the Band to permit such residency, the Council may permit the applicant to reside on the Reserve os a Condltlonol Resident. 8.4 The permission gronted by the Council shall specify the conditions upon which the person may continue to reside on the Reserue. 8.5 R member who Is granted Condltlonol Residency may, after o period of three years, apply for Member Resident Stotus. rBBBIBinON IM MCSI1CNCT 9.1 Subject to Section 16.1 of the Ret, no person, including members of the Bond, may ot ony time reside on the Reserue unless the residency has been specifically permitted by the Council pursuant to this By-Law or Is allowed pursuant to Section 28(2) or 58(3) of the Ret. 9.2 Rny resident who allows o person to reside In their residence on the Reserve without permission obtained pursuant to this By-Law or the Ret to reside on the Reserue Is In Contravention of this By-Law. irrU C B IliN fflfl B iS lIE N C Y 10.1 Bil applications for permission to reside on the Reserue must be mode to the Council by submitting an application In a form approved by the Council. 10.2 fill applications shall include a statement by the applicant Indicating his purpose. Intention or reasons for seeking residency and any other Information deemed relevant by the Council. 10.3 Except where disclosure of Information Is required for the purposes of this By-Law, oil Information In respect of the application shall be treated as confidential by the Council. 10.4 The application shall be accompanied by e statement from the applicant Indicating that he shall. If granted residency, uphold the customs, traditions, and low of the Band end maintain the peace, order and harmony of the Reserve. 10.5 The Council shall appoint a person from the Bond Rdmlnlstrotlon to be responsible for administration of applications and maintenance of records relating to granting of residency. pa^c -I
* Ü U s iir tu c y ffîy-Xato ■EDIEUP I f APPLICATIONS FQII AESIAENCV A t COUNCIL] 11.1 Within slHty (60J days of receiving a properly completed application, llte Council sholl Hold a Hearing to determine whether residency shall ha permitted. 11.2 At least fourteen (14) days prior to the Hearing the applicant shall be proolded o notice In writing stating the data, time and ploce of the hearing and Informing the applicant that he has a right to appear and present his case. 11.3 The Council sholl conduct the Hearing informally and shall not he bound by formal rules of evidence. 11.4 At the hearing, the Council may consider any relevont evidence relating to the application, whether from the applicant, members or other Interested third parties who ore present and hove a legitimate interest in the application. 11.5 The Council upon being satisfied: a. that the applicant intends to reside on the Aeserve: ond b. that there 1$ sufficient land and housing to accomodate the applicant; ond c. that the applicant intends to uphold the trodltlons, customs and laws of the Band; and d. that permitting residency Is in the best Interests of the Band; Sholl within ten (10) days of concluding the hearing, either accept or reject the application. The Council's decision shall be In writing and provide written reasons therefor. 11.6 The resolution shall state any conditions which shall govern the residency of the applicant ond the date on which the residency Is effective. AEA PP LICATIO N 12. in the event the initial application for residency Is denied, the applicant may not apply again for a period of one ( I ) year. ♦> -*■ .*i r
U N P REilBLNCV LIST 13.1 The Council shall me In loin a Band Residency List In which shall be recorded the following Information for each parson permitted to reside on the Reserve: a. the person's name. Band and Treoty number (if applicable) b. the effective date of residency c. a statement of any conditions governing his residency on the reserve, Including euplry dote If any; d. any other information deemed relevont by the Council 13.2 When on application has been approved by the Council, the oppllcont's name and relevant Information shall be Immediately entered on the Band Residency List. 13.3 The name of the resident shall be removed from the Band Residency List upon approval by the Council revoking or terminating the person s permission to reside on the Reserve or upon euplry of the permit or upon receiving notice of the death of the resident. ■EUPKIMC Pff RCSIBENCV 14.1 Rny resident moy have his permission to reside on the Reserve revoked by a resolution of the Council If the resident: a. has been convicted of an Indlctoble offense which occurred on the Reserve: b. hos been repeatedly convicted of lesser offenses. Including breach of Band By-Laws, which occurred on the Reserve; c. Is In breach of o condition of residency as outlined in the motion of the Council permitting him conditional residency; d. has provided folse Information on the application or during the hearing for residency; e. has failed to maintain a permanent residence on the Reserve for a period of greater than three (3) months; page o
I?'* lV t JSUstfrcncy &y~%ato 14.2 No resident shall houe their permission to reside on the Beseroe revoked or terminated unless: a. the resident has Dean provided ten ( I0) days written notice stating the dote, time and place of the meeting of the Council at which his reuocatlon of residency will be considered, such notice shoii advise him of the grounds for revocation ond Inform him that he has the right to appear and present his cose at such meeting: b. seventy-two (72) hours notice of the meeting has been publicly posted on the Reserve; c. the Council has given to Interested parties attending the heorfng an opportunity to spook to the matter; d. o resolution has been passed ond signed by the Council terminating the residency ond stotlng the reasons therefor. r i W I L T I I i 15.1 Rny person residing on the Reserve In violation of this By-Law or assisting a person to reside on the Reserve in violation of this By-Law Is guilty of an offense punishable on conviction by o fine not euceedlng one thousand dollars or Imprisonment for o term not euceedlng thirty days, or both. E f i m m i i i i E 16. This By-Law comes Into force on the <■> < of. 19,.If.-) . Signed th is__i_______dog of 1987 by the Chief and Council of the Heart Lake First Notion. Councillor ■l— Councillor IWUii i
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.