Part II - Enacted First Nations Legislation

I I

Lac La R·onge Indian Band

Business Regulation Law 2021-01 November 16, 2021

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TABLE OF CONTENTS

PART 1 PRELIMINARY MATTERS .................. ......................................................................................................... 4 1. Name .... ............................................................ .. .. .... ........ .......... .................. ............. ...................... ......... ...... 4 2. Definitions ... ... ................................ ..................... ........ ......... ..................... ................. ................ ....... .......... ... .4 2. General Interpretation ..... .... ............ .............................................................................................. ....... ........... 5 3. Specific Interpretation ...... ...................................... ... ................ ............................... .. ............................... .... .. 5 4. Severability ..................... .... ............... ..................... .. .... ........................ ................. ....................... ... ...............5 5. Application ................... ................... ........................... ................ ................. ........................... .... ................ ..... 6 PART 2 ADMINISTRATION ....................................................................................................................................... 6 6. Administration ....... ............... ........................................................... ........ ....... ........................... ..... ... ..............6 PART 3 PROHIBITIONS ............................................................................................................................................ 8 7. Prohibitions ............................ .. ................... .............. ....................................... ............................................... 8 PART 4 LICENCES ......................................................................................................... ...................... ... .................. 9 8. Licence Requirements ....................................................... ........................................................ .. ....... .......... .. 9 9. Exemptions ........... ... .............................. ....................................... .... ...... ...... ........................... ........ ..... .......... 9 10. Business Licence Application .. ... ......... .. ........... .................... .... ..... .. ............................... .... .......................... 10 11 . Business Licence Renewals, Transfers or Changes ............. ...... ........................ ........................... ............ .. 12 12. Business Licence Fees ........................ ...... ............ ... .................. .. ... ............................................................. 14 13. Business Licence Terms and Conditions ...... ....................................................................................... ..... ... 15 14. Business Licence Suspensions and Revocations .................................... .. .... ........ .......... .. ........ .......... ........ 16 Part 5 APPEALS .................................................................... ............................................. .... ................... .............. 17 15. Appeals ......... .... ........ ........... .................... .. .. .. ................... .. ................ .. ....................... ........... ........ .............. 17 PART 6 ENFORCEMENT ........ ... ........................................................................................... ............ ...................... 19 16. Practical Enforcement. ....................... .......... ................... ................................. ...... .... .. ... ........ .... ................. . 19 17. Legal Enforcement. ....................................................................... ....... ................... ...................................... 19 PART 7 IMMUNITY .............................. ... ................................................................................................................. 20 18. No Liability ..... ................................... ............ ........ ........................................................................................ 20 SCHEDULE A: PRESCRIBED FEES ........................................................................................ .... .......................... 21 SCHEDULE B: BUSINESS LICENCE ................................ ... ..................................................................................2 2 SCHEDULE C: BUSINESS LICENCE APPLICATION .......................................................................................... 23 SCHEDULE D: RENEWAL APPLICATION ........................................................................................................... 28 SCHEDULE E: CHANGE OR TRANSFER APPLICATION ....................... .................... ........................................ 29 SCHEDULE F: NOTICE OF REFUSAL ...... ................ .................................................................... ......................... 30 SCHEDULE G: NOTICE OF CONTRAVENTION AND SUSPENSION OR REVOCATION ........ ................... ...... 31 SCHEDULE H: REQUEST FOR A REVIEW HEARING ............................................. ............................................ 33 SCHEDULE I: NOTICE OF REVIEW HEARING ...................................................... ............................................... 34

Lac La Ronge Indian Band Business Regulation Law

LAC LA RONGE INDIAN BAND BUSINESS REGULATION LAW PREAMBLE Whereas Lac La Ronge Indian Band has an inherent right to self-government which emanates from our people, culture and land and which is recognized and affirmed by section 35 of the Constitution Act, 1982;

Whereas the Lac La Ronge Indian Band has taken over control and management of Lac La Ronge Indian Band Land and resources pursuant to the Framework Agreement on First Nation Land Management and has enacted the Lac La Ronge Indian Band Land Code, effective September 10, 2019;

Whereas under the Land Code, Lac La Ronge Indian Band Chief and Council is authorized to pass various laws relating to lands including laws relating to regulation and use of Lac La Ronge Indian Band Lands;

And Whereas Chief and Council wishes to make a law governing businesses and to implement a business licensing system to record and regulate the conduct and development of businesses on Lac La Ronge Indian Band Land.

NOW THEREFORE, Council of the Lac La Ronge Indian Band enacts:

Lac La Ronge Indian Band Business Regulation Law PART 1 PRELIMINARY MATTERS 1. Name 1.1 This law is called the Lac La Range Indian Band Business Regulation Law. 2. Definitions 2.1 Unless otherwise defined in this law or required by the context, words and expressions used in this law have the same meaning as they have been given in the Land Code. 2.2 In this law: "Business" means, subject to the prohibitions set out in Part 3, the carrying on of a commercial or industrial undertaking, or the provision of professional, personal, contractual or other services for financial or personal gain or profit on Lac La Ronge Indian Band Land, and includes a Non-Profit Society. For clarity, this includes advertising an open business, holding an authorized franchise licence, or dealing, buying, selling, bartering, renting, soliciting, promoting, or advertising any commodity, service, or use of residential or commercial space on anyone's behalf; "Business Licence" means a valid licence to carry on Business within Lac La Range Indian Band Lands issued under this law in the prescribed form; "Lands & Resources Department" means that office which provides, among other duties, administrative support to the Land Code Advisory Committee and the Traditional Lands and Resources Advisory Committee and is responsible for managing Lac La Ronge Indian Band Lands under the Land Code; for the purposes of this law, any delegate of the Lands & Resources Department must be a staff member, such as the Reserve Lands Manager; "Fire Inspection" means any written inspection report conducted by a qualified individual or company able to assess the fire hazards of the lands or Premises, which must contain required mitigation requirements of any potential fire hazards "Non-Profit Society" means a charitable society or organization that is incorporated and in good standing under the Non-profit Corporations Act, 1995, N-4.2, as amended from

Lac La Range Indian Band Business Regulation Law "Person" means any natural person, but for the purposes of this law, also includes any corporate or government entity. 2. General Interpretation 2.1 In this law: (1) Headings and subheadings are for convenience only, do not form part of this law, and in no way define, limit, alter, or enlarge the scope or meaning of any provision of this law; (2) Unless the context requires otherwise, the use of the singular is to be construed as including the plural and vice versa ; (3) Unless the context requires otherwise, a reference to one gender includes reference to all other genders; (4) "Must" is to be construed as imperative; (5) The words "include", "includes", "including", "exclude", "excludes", and "excluding" are to be read as if they are followed by the phrase "without limitation"; and (6) A reference to an enactment includes every amendment to it, every subordinate enactment-including laws, by-laws, and regulations-made under it, and any replacement enactment. 2.2 If there is an inconsistency or conflict between this law and the Land Code, the Land Code prevails to the extent of the inconsistency or conflict. 2.3 This law must be interpreted in a fair, large, and liberal manner and in accordance with the Land Code. 3. Specific Interpretation 3.1 A Person will be deemed to be carrying on a Business within or on Lac La Ronge Indian Band Land on a case-by-case basis, based on-but not limited to-whether any of the factors defining a Business in this law exist.

Lac La Range Indian Band Business Regulation Law 5. Application 5.1 This law applies to the whole area of Lac La Ronge Indian Band Land. 5.2 Where any other enactment, including a law, by-law, or regulation, of Canada or Lac La Ronge Indian Band applies to any matter covered by this law, compliance with this law does not relieve any person from also needing to comply with the provisions of other applicable enactments. PART2 ADMINISTRATION 6. Administration

Council delegates authority 6.1 The Land Code Advisory Committee and the Lands & Resources Department or its delegate are expressly appointed by Council to administer this law.

Specific scope of authority 6.2 The Lands & Resources Department or its delegate is authorized to: (1) create the form of applications, Business Licences, orders, and notices except to the extent that they are specifically prescribed by this law; (2) receive and review applications for Business Licences in order to make a recommendation to the Land Code Advisory Committee on whether to issue or refuse to issue a Business Licence; (3) receive, review, and approve applications for renewed, changed , or transferred Business Licences, and issue new Business Licences following approval, unless a substantial change in conditions requires the Land Code Advisory Committee to review the application; (4) issue orders and notices, in accordance with this law; (5) establish whether the methods or types of construction and types of materials

Lac La Ronge Indian Band Business Regulation Law (7) order and allow the correction of any work that is being done or has been done in contravention of this law; and (8) enter a parcel of land or a Premises at any reasonable time for the purpose of ascertaining that this law is being observed and must: (a) where entering a residence that is occupied, obtain the consent of the occupant, or provide written notice to the occupant 24 hours in advance of entry; and (b) carry proper credentials to confirm their authority to administer this law. 6.3 The Land Code Advisory Committee is authorized to issue, or refuse to issue, new, renewed, changed, or transferred Business Licences, after considering recommendation by the Lands & Resources Department or its delegate, as long as in the case of a refusal, it is: (1) reasonable; (2) provided to the applicant in the prescribed form as set out in Schedule F; and (3) accompanied by written reasons. Considerations 6.4 The Lands & Resources Department or its delegate, and the Land Code Advisory Committee, may consider any of the following in recommending or making a decision regarding an application for issuing a new, renewed, changed, or transferred Business Licence: (1) The completeness and accuracy of information in the application; (2) Any health, safety, sanitation, or environmental risks or requirements associated with the proposed Business activities; (3) Any risks to Lac La Ronge Indian Band's traditional, cultural, or spiritual values; (4) Building regulations;

Lac La Ronge Indian Band Business Regulation Law (9) Adherence to Lac La Ronge Indian Band's other laws, policies or plans; (10) The applicant's compliance with previously issued Business Licences or other laws; and (11) Such other matters that the Lands & Resources Department or its delegate or the Land Code Advisory Committee deems applicable to the specific Business. PART3 PROHIBITIONS 7. Prohibitions Prohibition against unlicensed Business activities and locations 7.1 Unless otherwise exempted by this Law, it is prohibited for a Person to: (1) carry on a Business on Lac La Ronge Indian Band Land without a valid Business Licence issued for that Business. (2) carry on Business at a Premises different than that listed in the valid Business Licence issued for that Business. (3) transfer, give, lend, sell, or otherwise grant any interest in a Business Licence to any other Person other than in accordance with the transfer provisions in this law at section 11.6. Prohibition against specific Business activities and locations 7.2 The following are expressly prohibited on Lac La Ronge Indian Band Land: (1) adult entertainment stores, meaning Premises where sexual material or paraphernalia is offered for sale, or adult films are available for viewing, sale, or rent; (2) adult movie theatres, meaning a theatre where adult or restricted films are shown; (3) construction, sale, or trade of weapons or items designed to cause harm, unless

Lac La Range Indian Band Business Regulation Law PART4 LICENCES 8. Licence Requirements

Licence required 8.1 Unless specifically exempted by this law, any Person who owns or operates any Business within or on Lac La Ronge Indian Band Land must apply for, obtain, hold, and follow the terms and conditions of a valid Business Licence, in the prescribed form set out at Schedule B. Separate Premises deemed separate Businesses 8.2 Any Person who operates a Business from more than one Premises within Lac La Ronge Indian Band Land must obtain a separate Business Licence for each. Mobile Businesses 8.3 For clarity, any Person who operates a Business within or on Lac La Ronge Indian Band Land, but not from a Premises, still requires a Business Licence. 8.4 Notwithstanding section 8.2, the Land Code Advisory Committee may, on a case-by-case basis, issue a single Business Licence to a mobile Business operating on Lac La Ronge Indian Band Land. Licence is additional legal requirement 8.5 Every person who operates a Business on Lac La Ronge Indian Band Land must comply with all the applicable laws of the Lac La Ronge Indian Band and all applicable laws, rules, codes, regulations, and orders of all federal or provincial authorities having jurisdiction over such Business. 8.6 A Business Licence has limited effect, meaning that it is not a representation or warranty that the licenced Business, its operation , or the corresponding Premises complies with all applicable laws, regulations, or standards.

Lac La Ronge Indian Band Business Regulation Law Exempted activities 9.2 Despite the rest of this law, no Business Licence is required for any of the following activities carried out on Lac La Range Indian Band Land, as long as they follow other applicable laws and meet any applicable health, safety and environmental laws, regulations or standards: (1) door-to-door sale of newspapers published in Canada; (2) public schools; (3) teaching music, crafts, art, or cultural or language activities to small groups out of the home; (4) garage or yard sales held by Members or occupants of Lac La Range Indian Band Land; (5) sale of carvings, crafts, or artwork by Members; (6) sale of small-batch baked goods or food, such as in a canteen ; (7) small scale, non-commercial, periodic fundraising events by Members, organizations, or occupants of Lac La Range Indian Band Land; and (8) small scale, home-based activities by Members or occupants of Lac La Range Indian Band Land, such as Avon or Tupperware.

Waiver 9.3 For certainty, notwithstanding that the activities in section 9.2 do not require a Business Licence, no claims may be brought against Lac La Range Indian Band, its employees, Members, officers, representatives, or Chief and Council in relation to such activities or the Premises in which they are carried out. 10. Business Licence Application

General

Lac La Ronqe Indian Band Business Regulation Law (1) contact information (telephone number, mailing address, and email) for the applicant, Business owner (if different from the applicant), and other key people involved in the Business; (2) name, address, phone number, incorporation number, nature, and location of the Business; (3) an acknowledgement that the Business Licence does not provide authorizations for land use or other matters, and that other permits or authorizations may be required; (4) a release and waiver signed by a duly authorized agent of the Business, releasing and indemnifying Lac La Ronge Indian Band against any claims in relation to the Business or Premises for which the Business Licence is being sought; and (5) the applicable Business Licence fee as prescribed. 10.4 Where applicable, an application must also contain at least the following: (1) proof of personal, professional, or commercial liability insurance coverage; (2) detailed information on the Premises in which the Business will be carried out in , including: (a) address; (b) legal description; (c) square footage information; (d) a floor plan; (e) accessibility information; (f) the proposed parking area for the required number of parking spaces; (g) information on permitted uses of the Premises (including zoning, development, subdivision, strata and land use requirements);

Lac La Range Indian Band Business Regulation Law (k) if necessary, a letter of assurance from an engineer or architect indicating that the Premises, if it is a building or structure, can be used safely for its intended use; and (I) if necessary, proof of insurance coverage for the Premises; (3) a copy of all necessary certificates from federal, provincial or municipal government authorities, or other regulatory bodies, including, fo r example: (a) a health certificate from the appropriate health inspector; (b) if the applicant belongs to a regulated profession, a copy of the applicant's professional licence and proof of any professional insurance coverage; and (c) proof of other licencing for the specific Business activities, including, for example, for the sale or distribution of liquor, proof of licensing under the Alcohol and Gaming Regulation Act, 1997, or for a daycare, proof of licensing under the Child Care Act, 2014. 11 . Business Licence Renewals, Transfers or Changes

Timelines 11 .1 A Business Licence holder may apply to renew a Business Licence each year on or before March 15 th of that year. 11.2 A Business Licence holder may apply to change any conditions on the Business Licence at any point before its expiry. 11.3 A Business Licence holder must endeavor to apply to change the Premises on the Business Licence before the Premises where the Business is carried out from changes, but in any case, no later than five (5) days after the Premises changes. 11.4 Any Person who purchases a Business or the controlling interest in a Business of any other Person holding a Business Licence and who desires to continue this Business must apply for a transfer within thirty (30) days of the purchase.

Lac La Range Indian Band Business Regulation Law (2) Pay the prescribed Business Licence renewal fee to the Lands & Resources Department. Transfer or change process 11.6 To apply for a change of the Premises listed on the Business Licence or the Person the Business Licence is issued to, Business Licence holder must: (1) Submit the prescribed change or transfer application set out at Schedule E to the Lands & Resources Department; and (2) Pay the prescribed Business Licence change or transfer fee , as applicable, to the Lands & Resources Department. Decision 11 . 7 The Lands & Resources Department or its delegate will approve the renewal , transfer, or change request following receipt of the form and fee in sections 11 .5 or 11.6, and will issue a new Business Licence, which may include new terms and conditions. 11 .8 For clarity, the Lands & Resources Department or its delegate may consider any of the factors outlined in section 6.4 in deciding to set new terms and conditions to any approval of an application to renew, change, or transfer a Business Licence. 11.9 Notwithstanding section 11 .7, if new conditions arise which, in the opinion of the Lands & Resources Department or its delegate, require fresh review of the renewal , change, or transfer request by the Land Code Advisory Committee, the Lands & Resources Department or its delegate: (1) must provide notice in writing to the applicant that the renewal, change, or transfer request requires review by the Land Code Advisory Committee, and provide the reasons; (2) must provide the timeline for such review; and

(3) may request any further information needed to facilitate the review. 11.1 O The Land Code Advisory Committee may approve or deny any renewal, change, or

Lac La Range Indian Band Business Regulation Law (1) the Business Licence will be terminated; (2) applicable fines may be applied; and (3) Lac La Ronge Indian Band may post a notice of the Business Licence termination at the applicable Premises and on the Lac La Ronge Indian Band website. 11 .12 The holder or anticipated holder of the terminated Business Licence must apply for and obtain a new Business Licence in accordance with section 10 before it may recommence any of its Business activities. 12. Business Licence Fees Council may establish prescribed fees 12.1 Council may establish or approve fees in relation to this law, payable to Lac La Ronge Indian Band. 12.2 Council prescribes the fees as set out in Schedule A to this law. Fees 12.3 For clarity, every application for a Business Licence, whether new, renewed, changed or transferred, must include the prescribed fee. Fee waived 12.4 Notwithstanding subsection 10.3(5), section 12.3, and the prescribed fees set out in Schedule A, no fee is required to apply for a Business Licence where a Business is a Non-Profit Society registered as a charity under the federal Income Tax Act. Fee halved 12.5 Notwithstanding the prescribed fees set out in Schedule A, the fee must be reduced by one-half in respect of any Business Licence issued after October 1 st in any year. Fee refunded

Lac La Range Indian Band Business Regulation Law 13. Business Licence Terms and Conditions

Duration 13.1 A Business Licence must be issued annually for a twelve (12) month period starting on April 1st and ending on March 31 st of the following year, unless the dates are differently stated on the Business Licence, according to exceptions in this law. Partial duration 13.2 Notwithstanding section 13.1 , where an application for a Business Licence is made after April 1 st , a Business Licence may still be issued for a partial term but must still end on the following March 31 st . Specific or seasonal duration 13.3 A Business Licence may be issued to a Person who intends to carry on Business on a temporary or seasonal basis of less than a year if the dates of the temporary or seasonal duration are specifically listed on the Business Licence. Visible posting or carrying 13.4 A Person carrying on a Business must post the Business Licence visibly at the Premises listed on it or carry the Business Licence with them at all times, if conducting a mobile Business. Access 13.5 Every Business Licence deems to grant access to the Lands & Resources Department or its delegate to conduct any inspection and enforcement of the Business or Premises in relation to this law. Other terms and conditions 13.6 The Lands & Resources Department or its delegate, or the Land Code Advisory Committee, may impose other terms and conditions in relation to hours of operation or occupant load, which must be included on the Business Licence.

Lac La Ronge Indian Band Business Regulation Law 14. Business Licence Suspensions and Revocations

Right to suspend or revoke 14.1 The Lands & Resources Department or its delegate may suspend or revoke a Business Licence for reasonable cause after giving notice and offering an opportunity to be heard to the Business Licence holder, unless that Person cannot be found. 14.2 For certainty, reasonable cause to suspend or revoke a Business Licence would arise if the Business Licence holder: (1) has made a false declaration or has misrepresented or concealed a material fact with respect to the application for a Business Licence;

(2)

(3)

(4)

(5)

(6)

(7)

is convicted of an indictable offence which, in the opinion of the Lands & Resources Department or its delegate, directly relates to the conduct of the Business; is convicted of an offence under any law in respect of the Business for which the holder is licenced or with respect to the Premises to which the Business Licence applies; has, in the opinion of the Lands & Resources Department or its delegate, been guilty of such misconduct in respect of the Business or in respect to the Premises to which the Business Licence applies to warrant the suspension or revocation of the holder's Business Licence; has ceased to meet any lawful requirements necessary to carry on the Business for which the holder is licenced or in respect to the Premises to which the Licence applies; has, in the opinion of the Lands & Resources Department or its delegate, conducted Business in a manner that may be harmful or dangerous to the health or safety of an individual actually or apparently under the age of eighteen (18) years; has refused to provide to Persons entitled to receive an exemption for the