I
♦ I Indigenous Services Canada
Services aux Autochtones
Canada
Chronological no. - No consecutive 2025-0064
File reference no. - No de reference du dossier
BAND COUNCIL RESOLUTION RESOLUTION DE CONSEIL DE SANDE
Note : The words "from our Band funds" "capital" or "revenue", whichever is the case, must appear in all resolutions requesting expenditures from Band Funds. NOTA: Les mots "des fonds de noire bande" "capital" ou "revenu" selon le cas doivent paraitre dans tourtes resolutions portant sur des depenses a meme les fonds des bandes.
The council of the Le conseil de MINISTIKWAN LAKE CREE NATION Date of duly convened meeting Date de fassemblee dument convoquee
DO HEREBY RESOLVE: DECIDE, PAR LES PRESENTES:
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Cash free balance - Solde disponible Capital account Compte capital $ Revenue account Compte revenu $
Adoption of the Prohibition of Alcoholic Beverages Bylaw WHEREAS the Council ofMinistikwan Lake Cree Nation are empowered under Section 81(1) of the Indian Act, R.S.C . 1985, c. I-5, to enact bylaws for the health and safety of the community·
AND WHEREAS alcohol consumption, possession, distribution, and sale have contributed to ongoing health safety, and social concerns within the community;
AND WHEREAS the Council has reviewed and supports the adoption of the Prohibition of Alcoholic Beverages By law, attached hereto, which prohibits the possession, sale, distribution, and consumption of alcoholic beverages on all designated premises within the Ministikwan Lake Cree Nation;
THEREFORE BE IT RESOLVED THAT Council of the MinistikwanLake Cree Nation hereby enacts and adopts the Prohibition of Alcoholic Beverages Bylaw as a bylaw of the Nation pursuant to the Indian Act.
BE IT FURTHER RESOLVED THAT a copy of this resolution and the enacted bylaw shall be submitted to the Indigenous Services Canada (ISC) regional office for enforcement support and filing in accordance with the Indian Act.
BEIT FINALLY RESOLVED THAT this bylaw shall come into full force and effect as of the date of its enactment by Council.
CERTIFICATION: We, the undersigned, being a quorum of the Chief and Council of the Ministikwan Lake Cree N atio~ do hereby approve and sign this resolution on the date indicated above.
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(Councillor - Conseiller)
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(Council lor - Conseiller)
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Signature Approving officer - Approuve par
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FOR DEPARTMENTAL USE ONLY - RESERVE AU MINISTER£ Source of funds Expenditure - Depenses Authority (Indian Act Section Source des fonds Autorite (Article de la Loi sur les indiens) D Capital D Revenue
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Ministikwan Lake Cree Nation Prohibition of Alcoholic Beverages Bylaw
Bylaw No. 02/2025 A By-law Respecting the Prohibition of Alcoholic Beverages enacted pursuant to Section 81 (1) of the Indian Act, R.S.C. 1985, c. T-5
WHEREAS: 1. The Council ofMinistikwan Lake Cree Nation is committed to promoting the health, safety, and social well-being of all residents, families, and visitors on reserve lands; 2. The presence, use, and distribution of alcohol bas contributed to substance-related harm, violence, and disruption to families and community peace; 3. The Indian Act, R.S.C. 1985, c. I-5, authorizes Council to enact by-laws to preserve order and good government on reserve lands, including the prohibition of intoxicants; 4. Council bas determined it is in the best interest oft he community to prolribit the possession, sale, distribution, and consumption of alcohol on reserve lands in order to foster a safer and healthier environment for all;
NOW THEREFORE, the Council enacts the following bylaw: 1. Short Title This bylaw may be cited as the Dry Reserve Bylaw, 2025.
2. Definitions (a) "Chief & Council" means the duly elected leadership of the Ministikwan Lake Cree Nation. (b) "Community Member'' means any enrolled member of Ministikwan Lake Cree Nation. (c) "Designated Premises" means any land, building, structure, vehjcle, or vessel within the Nation's jurisdiction, including private residences, leased or owned lands, communal facilities, and any land or premises identified by Council. (d) "Alcoholic Beverage" means any beverage containing more than 0.5% alcohol by volume, including beer, wine, spirits, and other fermented, distilled, or brewed products. (e) "Council" means the Chief & Council of Ministikwan Lake Cree Nation. (f) "Nation" means Ministikwan Lake Cree Nation and its governing jurisdiction.
3. Purpose
To promote health, safety, and social well-being by prohibiting possession, sale, distribution, and consumption of alcoholic beverages on all Designated Premises within Ministikwan Lake Cree Nation Territory.
4. Application This by-law applies to all Community Members, visitors, employees, contractors, and any persons present within the Nation's jurisdiction.
5. Prohibition (a) Unless otherwise permitted under this bylaw, no person shall possess, consume, sell, distribute, provide, purchase, serve, transport, produce, or import any Alcoholic Beverage on any Designated Premises. (b) Any act in furtherance of the above, such as transporting alcohol for another person, is also strictly prohibited.
6. Designation of Premises (a) Council may designate specific areas orpremises where the prohibition is exempt from application, either for a permanent or interim period of time, for cultural, celebratory or other such reasons as Council may detennine. A schedule of Designated Premises exempt from this bylaw's application shall be attached, if applicable, and updated as needed, from time to time. (b) Unless such Designated Premises has been determined by Council as exempt from application under this bylaw, eitheron a permanent or interim basis, all Designated Premises shall be subject to this bylaw's application. This includes, but is not limited to:
i. ii. m. iv.
All reserve lands, roads, and communal facilities; All private residences within the reserve boundary; All Council-owned or leased properties; and Any other premises as determined by Council.
7. Enforcement & Powers (a) Council may authorize or appoint, as the case may be, one or more Community Enforcement Officers (COs) to ensure compliance of this bylaw. (b) COs may:
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Request individuals to surrender Alcoholic Beverages;
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Seize alcohol found on Designated Premises; Remove individuals who refuse to comply; Issue warnings or impose fines or other charges; and Confiscate and dispose of alcohol according to policy or Council direction.
8. Offence & Penalties (a) It is an offence to contravene Section 5 of this bylaw. (b) Any person found to be in possession or control of Alcoholic Beverages on Designated Premises' is guilty of an offence.
(c ) Penalties include:
1. ii.
a fine of up to $1,000 per offence; removal of the person in possession or control of Alcoholic Beverages from the reserve or Designated Premises;
iii. reimbursement of enforcement costs; iv. Community Service; v. Mandatory counselling; vi. Temporary suspension of community privileges; and vii. imprisonment up to 30 days. (d) Increased penalties may be invoked for individuals who are in contravention oft his bylaw a second or subsequent time.
9. Interim Measures Council may introduce immediate, temporary measures, such as alcohol interception at community entry points, upon the enactment of this bylaw.
10. Education & Support Council shall develop community education, prevention, and wellness programs, including access to health services, substance abuse counseling, and family supports.
11. Relationship to Other Laws This bylaw supplements applicable federal and provincial laws, unless those laws are more restrictive, in which case they take precedence.
12. Enforcement Proceedings (a) Any enforcement action is deemed civil in nature. (b) Council or an authorized agent may initiate proceedings through the community justice system or court of competent jurisdiction. (c ) All fines and penalties collected under th is byl aw shall be allocated toward community health, safety, and treatment initiatives.
13. Appeal (a) Any individual disciplined under this bylaw may appeal to Council or an independent tribunal as constituted by Nation policy or community justice protocol. (b) Any designation,penalty or order under this bylaw may be appealed in writing to Council within 5 days of notice being received.
(c) Council may confirm, vary, orrevoke the designation or order. All decisions of Council are final and binding and may not be further appealed.
14. Severability lf any provision is held invalid by a court, the remainder of th is bylaw remains in effect.
15. Amendment & Repeal (a) Council may amend or repeal this bylaw by resolution ( or referendum, if required under governance policy). (b) Notice of any amendment or repeal shall be publicly issued to community members.
ENACTED this J t ay of~
2025, by the Council of Ministtkwan Lake Cree Nation,