Part II - Enacted First Nations Legislation

PART 1 -

PART 2

PART 3

PART 4

PART 5

PART 6

PART 7

PART 8

PART 9

PART 10

PART 11

PART 12

KAT ZIE FIRST NATION ENFORCEMENT AND TICKETING LAW

TABLE OF CONTENTS TITLE .........................................................................................................................................1

- PURPOSE ...............................................................................................................................1

- INTERPRETATION .................................................................................................................1

-APPLICATION ........................................................................................................................3

- GENERAL PROVISIONS .......................................................................................................3

-ADMINISTRATIVE PROVISIONS ..........................................................................................4

- APPOINTMENT AND AUTHORITY OF LAND STEWARDS ................................................ 4

- OFFENCES .............................................................................................................................8

- COMPLIANCE NOTICES AND TICKETS .............................................................................. 9

-APPEAL PROCESS FOR COMPLIANCE NOTICE OR TICKET ....................................... 15

- IMMUNITY ............................................................................................................................2 1

- FEES, FORMS AND REGULATIONS .......................................................- .......................... 22

PART 13 - COMING INTO FORCE ........................................................................................................2 2 SCHEDULE 1: Laws ...................................................................................................................................2 4 SCHEDULE 2: Fines ..................................................................................................................................2 5 SCHEDULE 3: Forms .................................................................................................................................4 0

1.

Ticket ..................................................................................................................................................4 0

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PREAMBLE

WHEREAS: A. Katzie First Nation has an inherent right to self-government that emanates from our people, culture and land and that is recognized and affirmed by section 35 of the Constitution Act, 1982;

B.

C.

Katzie First Nation chose to assume control of its reserve lands and resources pursuant to the First Nation Land Management Act, S.C. 1999, c. 24 by entering into the Individual Agreement on First Nation Land Management between Katzie First Nation and Her Majesty the Queen in Right of Canada, and by adopting the Land Code that took effect March 29, 2017;

Under section 6 of the Land Code, Council is authorized to enact various laws relating to the development, conservation, protection, management, use and possession of the Nation's Land and any matter necessary or ancillary to a Law respecting the Nation's Land, including the enforcement of the Laws of the Nation.

NOW THEREFORE this Katzie First Nation Enforcement and Ticketing Law is hereby enacted as a Law of the Katzie First Nation.

Title 1.1

PART 1 - TITLE

This Law may be cited as the Katzie First Nation Enforcement and Ticketing Law.

PART 2 - PURPOSE Purpose 2.1 The purpose of this Law is to promote fair, effective and efficient enforcement of the Laws of the Nation on the Nation's Land.

PART 3 - INTERPRETATION

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Definitions 3.1 For the purposes of this Law, the following definitions apply: "Administrator" means the Administrator appointed under section 6.1 of this Law and, in relation to a power, duty or function of the Administrator given to an employee referred to in section 6.2 or delegated to a Person under that section, includes that employee or Person;

"Affidavit of Service" means an affidavit of service referred to in section 9.1 O; "Compliance Notice" means a notice issued in accordance with Part 9; "Compliance Agreement" means an agreement under subsection 10.?(c); "Discounted Fine" means the amount of the fine prescribed by regulation that is payable if payment is received on or before the 14th day after the date a Ticket was served;

"Enforcement Agreement" means an agreement that may be entered into by the Nation and British Columbia and/or Canada authorizing a police force or federal or provincial enforcement officials to enforce the Laws of the Nation.

"Government Body" means a federal, provincial, or municipal body, including an agency or ministry of the Crown in right of Canada or British Columbia;

"Land Steward" means a land steward designated under section 7 .1; "Motor Vehicle Act" means the Motor Vehicle Act, RSBC 1996, c. 318 or any successor legislation;

"Named Person" means a Person to whom a Compliance Notice or Ticket is issued;

"Notice of Hearing" means the notice issued under section 10.24; "Person" includes any individual, corporation or other legal entity; "Regulation" means a regulation enacted by the Nation; "Surcharge" means the amount prescribed in Schedule 2 or by Resolution that is payable if payment for a fine is received after the 30th day after the date a Ticket was served; and

"Ticket" means a ticket issued in accordance with Part 9.

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Interpretation Provisions of Land Code Apply 3.2 The interpretation provisions in section 2 of the Land Code apply to this Law. Land Code Definitions 3.3 For greater certainty, definitions in the Land Code apply to capitalized terms in this Law.

Calculation of Time 3.4 Unless otherwise provided in this Act, a reference to "day" or "days" means calendar days.

3.5

If the time for doing an act under this Law falls on a Saturday, Sunday or other federal or provincial holiday, the act can be done on the next day that is not a holiday.

Validity 3.6 Nothing under this Law must be rendered void or invalid by (a) an error or omission in a notice or other document given or authorized under this Law; or

(b)

a failure of Katzie First Nation, a Katzie First Nation official or their delegate to do something within the required time.

PART 4 - APPLICATION Law Applies to the Nation's Land 4.1 This Law applies to the Nation's Land.

PART 5 - GENERAL PROVISIONS Severability 5.1 In the event that all or any part of any Part, section or paragraph of this Law are found by a court of competent jurisdiction to be invalid or inapplicable, such sections are severable, and the remaining portions or sections remain in full force and effect.

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Internal References 5.2 Internal references refer to this Law, references to a Part (e.g. Part 1), section (e.g. section 1.1), subsection (e.g. subsection 1.1 (1)), paragraph (e.g. paragraph 3.4(a) is a reference to the specified Part, section, subsection or paragraph of this Law, except where otherwise stated.

PART 6 - ADMINISTRATIVE PROVISIONS Administrator 6.1 Council shall appoint an Administrator for the purpose of carrying out the administrative, implementation and decision-making functions under this Law.

Delegation 6.2 Council may authorize the Administrator by Resolution to assign the performance of any duties of the Administrator under this Law to any Katzie First Nation officer, employee, contractor or agent.

Enforcement Agreements and other Arrangements 6.3 Council may negotiate and enter into: (a) Enforcement Agreements with the federal or provincial government; and (b) Enforcement arrangements with any government, First Nation, municipality, corporation, contractor, or entity including arrangements with municipalities for use of municipal ticketing systems, prosecutions, appeals and collection processes.

PART 7-APPOINTMENT AND AUTHORITY OF LAND STEWARDS Appointment of Land Stewards 7.1 The Nation designates the following as Land Stewards: (a) any RCMP officer; (b) any peace officer; and (c) any Person designated by Council by Resolution or by Law to enforce the Laws of the Nation.

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7.2

Council may by regulation or Resolution establish the qualifications required for a Person to be designated by Council under subsection 7.1 (c).

General Authority of Land Stewards 7.3 Subject to any Resolution that addresses the enforcement powers of individuals appointed as Land Stewards, and without limiting a Land Steward's powers at law, a Land Steward is authorized to do the following for the purpose of ensuring compliance with the Laws of the Nation:

(a) (b) (c)

(d)

(e)

(f)

issue Compliance Notices; issue Tickets; laying of informations and serving summonses pursuant to the summary conviction process in the Criminal Code of Canada;

provide to an authorized prosecutor information sufficient to initiate the prosecution of an offence;

order a Person to do or not do anything that the Land Steward reasonably believes is necessary to bring the Person into compliance with the Laws of the Nation; and

any other duties assigned or delegated to the Land Steward under this Law or by Council.

Power of Entry and Inspection 7.4 At any reasonable time, a Land Steward may enter (a) land; (b) unoccupied premises; (c) business premises; or (d) a dwelling or vehicle (i) with the consent of the occupier, or (ii) if authorized by a law or a warrant issued by a court of competent jurisdiction.

7.5

In a manner that is consistent with enforcement measures under federal legislation and subject to sections 7. 9 and 7 .10, a Land Steward may make any

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7.6

7.7

reasonable inspection, investigation or inquiry necessary to determine if the Laws of the Nation, or a Compliance Notice, Ticket, order or other instrument issued under a Law, are being complied with or contravened, or an offence is being committed or has been committed.

Without limiting the interpretation of section 7.5, and subject to sections 7.9 and 7 .10, a Land Steward may do one or more of the following for the purposes of an inspection:

(a)

(b)

(c)

(d)

(e) (f) (g) (h)

(i)

U)

be accompanied or assisted by a Person who has special, expert or professional knowledge of a matter relevant to the inspection;

inspect, analyze, measure, sample or test land, and any article or substance located on or in the land;

take away samples of land, articles or substances located on or in the land;

require a Person to produce relevant records or things in the Person's possession or control;

examine documents, records or things; take away copies of documents, records or things; take photographs or make audio records; require that a place or thing not be altered or disturbed for a reasonable period of time;

question a Person whom the Land Steward reasonably believes to have relevant information; and

with the consent of the occupier or if authorized by a Law or warrant (i) inspect, analyze, sample or test anything located in a dwelling; (ii) seize or remove anything that the Land Steward believes on reasonable grounds is evidence of an offence; and

(iii)

take other actions as consented to by the occupier or authorized in a law or warrant.

(1) For certainty, a Land Steward, acting in the performance of a duty or in the exercise of a power under this Law, may enter and pass over any of the Nation's Land without being liable for trespass but is liable for damages to the land resulting from his or her activities.

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(2) Subsection (1) applies to any Person who is assisting a Land Steward. Stop Work Orders 7.8 (1) Without limiting the generality of section 7.2, a Land Steward may issue a stop work order to order any Person who has not received full and proper authorization under the Laws of the Nation to cease carrying out any prohibited activity.

(2) A stop work order imposed under subsection (1) may be registered in court and enforced as a court order and continues in force until the condition that led to it is remediated or until the activity that is the subject of the stop work order receives an authorization under the Laws of the Nation.

Warrants 7.9 (1) On a Land Steward's application made without notice, a justice may issue a warrant authorizing a Land Steward to enter and search a premises and examine anything that is relevant to determining compliance with this Law if the justice is satisfied that the Land Steward has been properly appointed and that there are reasonable and probable grounds for believing that something relevant to the investigation is at the premises.

(2) A warrant issued under subsection (1) does not authorize an entry or search after sunset or before sunrise unless it is expressly stated in the warrant.

(3) A Land Steward entering and searching a premises under the authority of a warrant issued under subsection(1) may be assisted by a peace officer and may enter a place by force.

Copying and Removal of Documents and Objects 7.10 (1) A Land Steward may copy or, subject to subsection (2), remove a document, record or thing examined under section 7.6 or under the authority of a warrant under section 7.9 at the Nation's expense.

(2) A Land Steward may only remove a document, record or thing under subsection (1) if

(a) it is not practicable to copy it in the premises where it is examined; or (b) a copy of it is not sufficient for the purposes of the investigation. (3) In order to examine or produce a document or record in readable form, a Land Steward may use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the premises in which they are conducting the investigation.

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(4) If it is practicable to copy a document, record or thing removed under subsection (1), the Land Steward must

(a)

(b)

if it was removed under subsection 2(a), return the document, record or thing within a reasonable time; or

if it was removed under subsection (2)(b), provide the Person who was in possession of the document, record or thing with a copy of it within a reasonable time.

(5) A copy of a document, record or thing certified by a Land Steward to be a true copy must be received in evidence ir:t any proceeding to the same extent and shall have the same evidentiary value as the document, record or thing itself.

No Obstruction of Land Stewards 7.11 No Person may interfere with or obstruct a Land Steward exercising their powers under this Law or fail to comply with an order enforcing the Laws of the Nation.

Identification 7.12 On request, and in the course of performing their duties, a Land Steward must show their identification if requested.

No Compensation Payable 7.13 No compensation is payable by the Nation or any agent, employee or contractor of the Nation in respect of anything lawfully seized, detained or destroyed under this Law.

PART 8 - OFFENCES Offences Generally 8.1 (1) A Person commits an offence against a Law of the Nation by: (a) contravening a provision of a Law of the Nation; (b) consenting to, allowing, permitting or doing anything prohibited under a Law of the Nation; or

(c) omitting to do anything required under a Law of the Nation. (2) Where a Person commits an offence for more than one day, it constitutes a separate offence for each day on which the Person commits or continues the offence.

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PART 9 - COMPLIANCE NOTICES AND TICKETS

Compliance Notices and Tickets 9.1 For any violation of the Laws set out in Schedule 1 to this Law, or any Law designated by Council by Resolution, a Land Steward may issue a Compliance Notice or Ticket for offences under the Law.

9.2

(1) Unless otherwise set out in more specific provisions of a Law, Regulation or Resolution, the fines, Discounted Fines and Surcharges apply as set out in Schedule 2 to this Law.

(2) The fines, Discounted Fines and Surcharges apply as set out in Schedule 2 to this Law despite the fact that the Laws of the Nation may set out different fines or procedures for summary convictions.

9.3

9.4

If a Law, including any Law that is designated by Resolution under section 9.1, does not specify a fine for an offence, Council must establish by Resolution or Regulation for each offence the amount of

(a) (b)

the fine, up to a maximum of $2,000; the Discounted Fine; and

(c) the Surcharge. Nothing in this Law precludes the Nation from pursuing any other enforcement action or remedy provided for in any other Law of the Nation.

Issuing a Compliance Notice or a Ticket 9.5 (1) If a Land Steward has reasonable grounds to believe that a Person is committing an offence or has committed an offence, the Land Steward may issue a Compliance Notice or a Ticket in the prescribed form to that Person.

(2) A Compliance Notice or a Ticket must be issued to a Named Person unless it is issued for an offence involving a vehicle, in which case it must also be issued to:

(a) (b)

the vehicle's licence plate; or the vehicle's identification number, temporary operation permit or interim permit under the Motor Vehicle Act or other applicable law.

(3) If a Compliance Notice or a Ticket is issued under subsection (2), the Compliance Notice or the Ticket is deemed to have been issued to .each

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registered owner of the vehicle as contained in the records of the applicable Government Body.

(4) Each registered owner of a vehicle referred to in subsection (2) is deemed to be a Named Person.

Contents of a Compliance Notice or a Ticket 9.6 (1) A Compliance Notice and a Ticket must be in the form set out in Schedule 3 to this Law, and must contain the following information:

(a)

(b) (c) (d)

(e)

(f)

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the particulars of the alleged offence in sufficient detail to permit the Named Person to identify it;

how to dispute the alleged offence; the date the Compliance Notice or Ticket is issued; the name and signature of the Land Steward who issued the Compliance Notice or Ticket;

in the case of a Compliance Notice,

(i)

(ii)

(iii)

(i)

sufficient information to notify the Named Person to do whatever is necessary to stop or rectify the offence,

the date or time period within which the Named Person must comply with the requirements provided under subparagraph (i),

a provision that if the Compliance Notice is not disputed within the time provided,

(A) (B)

the Compliance Notice will be treated as undisputed, and the Named Person will deemed to have pleaded guilty to the alleged offence;

a provision that if the Named Person does not comply with the requirements set out in the Compliance Notice and rectify the offence, the Named Person may be subject to a Ticket and the Nation or a Person authorized by Council may take action to rectify the offence at the expense of the Named Person.

in the case of a Ticket,

(i)

(ii)

the fine, Discounted Fine and Surcharge,

a provision that if the Ticket is not disputed within the time provided,

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(A)

(B)

(C)

(D)

the Ticket will be treated as undisputed,

the Named Person will be deemed to have pleaded guilty to the alleged offence,

the fine will be immediately payable to the Nation, and

the methods of paying the fine; and

(g) any other information prescribed by Council. Serving a Compliance Notice or a Ticket 9.7 (1) Unless otherwise provided in a Law of the Nation, a Compliance Notice or Ticket must be served by:

(a) (b)

(c)

(d)

(e)

(f)

personally giving the Compliance Notice or Ticket to the Named Person; verbally delivering the Compliance Notice or Ticket to the Named Person if the offence is, or may be, a nuisance, trespass, danger to public health or threat to public order, peace or safety that requires immediate compliance;

mailing the Compliance Notice or Ticket by registered mail to the Named Person to the last known address for the Named Person;

if the Compliance Notice or Ticket is in respect of a contravention involving a vehicle, by mailing a copy of the Compliance Notice or Ticket by registered mail to the address for each registered owner of the vehicle involved as contained in the records of the responsible Government Body;

if the Compliance Notice or Ticket is in respect of a parking contravention, by leaving the Compliance Notice or Ticket on the vehicle involved; or

if the Person is unknown, affixing the Compliance Notice or Ticket in a conspicuous location where the undertaking or activity of concern is occurring.

(2) If the Ticket or Compliance Notice is verbally served under paragraph 9.7(1)(b), the Ticket or Compliance must be recorded in writing and sent to the Named Person by registered mail to the last known address for the Named Person as soon as practicable after the verbal delivery.

9.8

(1) Subject to subsection (2) if the Named Person is a corporation, the Compliance Notice or Ticket must be served

(a)

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by delivering it to a director, manager, secretary or other executive officer of the corporation or of a branch of it, or on the attorney of an extraprovincial company; or

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(b)

by leaving it at, or mailing it by registered post addressed to, the registered or principal office of the corporation.

(2) If the Named Person is a municipality or regional district, the Compliance Notice and Ticket must be served by delivering by registered mail

9.9

(a) (b)

in the case of a municipality, to the mayor or corporate officer; or in the case of a regional district, to the chair of the regional district or corporate officer.

A Compliance Notice or Ticket is presumed to have been delivered: (a) under paragraph 9.7(1)(a), (b), (e), (f), and 9.8(1)(a) on the day that it is delivered or left; and

(b)

under paragraph 9.7(1)(c), (d), 9.8(1)(a), 9.8(2)(a) and (b) on the 7th day after mailing.

Proof of Service 9.10 Service of a Compliance Notice or Ticket may be proved by (a) oral evidence given under oath of a Person who served it, or (b) an Affidavit of Service. 9.11 An Affidavit of Service must include (a) the method of service; (b) date of service; and (c) identify the Person on which the Compliance Notice or Ticket was served. When Failure to Serve a Document does not Invalidate Proceeding 9.12 (1) If a Compliance Notice or Ticket is not served in accordance with sections 9.7 or 9.8, a proceeding or an action in relation to the Compliance Notice or Ticket is not invalidated if: