Part II - Enacted First Nations Legislation

Decision Information

Decision Content

The Council of the Enoch Band of Indians at a meeting held /'''/V Z ÿ f. (date) makes the following by-law pursuant to paragraphs (j) and (r) of Section 80 of the Indian Act. By-law No. 1 A by-law to provide for the destruction and control of noxious weeds upon the Stony Plain Indian Reserve in the Province of Alberta. 1. (a) In this by-law, "Class A noxious weeds" means perennial sow thistle, field bindweed, hoary cress, leafy spurge, Russian knapweed, Canada thistle and hemp. (b) "Class B noxious weeds" means and includes blue lettuce, all members of the mustard family, false flax, shepherd's purse, red root, stink weed, Russian thistle, ragweed, wild oats, Russian pigweed, blue bur, tumble weed, common barberry, toadflax, black-headed sunflower, corn spurry, couch grass, hedge blindweed, hemp nettle, cow cockle, white cockle, bladder campion, tartary buckwheat, and downy brome grass. (c) "Weed Inspector" shall include the Superintendent of the Indian Agency, the Assistant Superintendent and such other persons appointed Weed Inspector by the Band Council. 2. The Weed Inspector may, in order to search for noxious weeds or weed seeds, enter at any time between sunrise and sunset (a) on any land that is within the reserve for which he is appointed, (b) any building on such land, other than a dwelling house. 3. (a) Where Class A or Class B noxious weeds or weed seeds are found (i) on any occupied or unoccupied land, (ii) in a building other than a dwelling house, (iii) in or on a vehicle, farm machinery or other equipment, the Weed Inspector shall give notice in writing to the person who is under duty imposed by this by-law, to prevent the growth of such weeds, to destroy them and any crops containing such noxious weeds or weed seeds. (b) The Weed Inspector may direct the destruction to be undertaken by any means he deems advisable on or before a date to be named in the notice. (c) If, after the date named in the notice, the noxious weeds or weed seeds are not destroyed, the Weed Inspector, or a person duly authorized by him, may, by such means as the Weed Inspector deems advisable, destroy such weeds or weed seeds and any crop containing such weeds or weed seeds. 4. The cost of destruction of weeds or weed seeds found upon any land occupied by an Indian under his right to occupy shall be a charge against the Indian concerned and shall be collected from any income this party shall receive from this land. ( 5. The destruction of weeds or weed seeds on any unoccupied land or any road allowance shall be undertaken on the order of the Weed Inspector, and the costs shall be borne by Band Funds. 6. Every owner, lessee, tenant, occupant or other person having a beneficial interest in the land shall (a) prevent noxious weeds from growing on the land, and (b) comply with the provisions of this by-law for the destruction of weeds. 7. Every person who is the operator or has control of management of a threshing machine shall, before moving the machine from a farm on which he has been going threshing, (a) clean the machine both inside and out, also clean all wagons and racks, and (b) remove therefrom all noxious weed seeds. '*• t ^ , \ EnwWWTON 8. Every person who operates or manages a combine "harvester shall (a) prevent noxious weed seeds collected by the harvester from escapjy therefrom, and (b) from time to time remove the seeds; Aram tH&Yha?rv'e and destroy the seeds. | 1 j | ; i ; M N r 0 >«, «2
- 2 -9» Any person who violates any of the provisions in this by-law shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding $100 or imprisonment for a term not exceeding thirty days, or both fine and imprisonment. Chief: Councillors: '"WMWW IH** '*■*■ MAY 97 1959 EDWON ton, AVÜN
 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.