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SENT BY:XEROX ; 5-15-97 ; 1:05PM ; DIA- 819 997 0034;# 4/ 9 A BY-LA\ffUOV'ERNi m : r HEHOU31NGDEMON»TRftV10N*MK>GiMM><& THE GARDEN RIVER FIRST NATION WHEREAS the Chief and Council of the Garden River First Nation deem it to be in the best interest o f all members to implement a fair and equitable housing program that will address the shortage of available housing in the community; AND WHEREAS the Council of the Garden River First Nation is empowered to make such by law pursuant to paragraphs 81 (1) (p.l), (q) and (r) of the Indian Act A N D W H E R E A S the Council of the Garden River First Nation will create a Garden River Housing Authority and mandate it to receive applications from all members who wish to use their Certificate of Possession as collateral tor a housing loan from the Band in the amount of $50,000.00; AND WHEREAS the available start up money for this demonstration housing program in the first year of construction under this program can only accommodate 8 candidates; AND WHEREAS it is anticipated that if this program is successful that the number of housing starts in the succeeding construction years will increase up to a projected maximum of 14 homes per construction season; NOW THEREFORE the Council of the Garden River First Nation hereby makes the following By-Law: Short Title 1. This by-law may be cited as the "Garden River Housing Demonstration By-Law". Interpretation 2. In this by-law: "applicant" means a person who has submitted an application for consideration for gram. ■del River First
SENT BY:XEROX ; 5-15-97 : 1:07PM ; DIA-> 819 997 0034;# 5/ 9 -2-Nation; "child" includes a child bom in or out of wedlock, a legally adopted child or a child adopted in accordance with Native custom; "default" means failure to comply with any or all of the terms of a Mortgage agreement pursuant to this By Law "member of the Band” means a person in accordance with the Garden River First Nation Citizenship Registry Regulations; "reserve" means the Garden River First Nation No. 14; "reside" means to live in the Garden River First Nation pursuant to tire Garden River First Nation Residency By-Law; "resident” means a person residing in the Garden River First nation pursuant to the Garden River First nation Residency By-Law; "spouse" means a person who is married to, or who cohabits in a relationship of some permanence and commitment, akin to a conjugal relationship, with a member and/or resident of the Garden River First Nation; "principal residence" means the place at which a person resides on a more permanent basis than at any other place at which the person may reside from time to time; "officer" means any police officer, police constable or other person charged with the duty to preserve and maintain the public peace, and any by-law enforcement officer or other person appointed by the Council for the puipose of maintaining law and order on the reserve pursuant to By-Law N o.________ relating to Law and Order. Establishment of a Housing Authority 3. The Chief and Council mandates a committee comprised of people to form the Garden River Housing Authority. A liaison person representing the Housing Authority will make financial and progress reports on a monthly basis directly to Chief and Council regarding the Garden River First Nation Housing Demonstration Program. The mandate of the Garden River Housing Authority is: (a) to provide completed turn key units.
SENT BY:XEROX ; 5-15-97 ; 1:07PM ; DIA-* 819 997 0034;# 6/9 -3-(b) to establish a revolving loan system for financing construction of the units. (c) to establish a mortgage document wherein the applicant will use their Certificate of Possession as collateral for a band loan in the amount of the construction cost o f their unit but which will not exceed the cost to build a unit o f approximately 960 sq. feet. (d) to establish an application form. (e) to establish a housing policy for the administration of the housing demonstration program. (f) to establish an anonymous and confidential point system for ranking all applications that will be considered for this housing program. (g) to hire any personnel that the Housing Authority deems necessary for the successful operation of a program including trades people for purposes of training local members in the construction. (h) to make any necessary applications for additional money for training. (i) to finance and authorize the training of an individual as a housing inspector. (j) to conduct and carry out any reasonable work that the Authority deems necessary for the successful operation of the program. A P P L IC A T IO N S 4. (1) An application called the Garden River Housing Application must be completed and submitted to the Housing Director. The deadlines for the applications will be March of every year. (2) The deadline for applications in the initial year of the program will be determined by the Housing Authority. SELECTION CRITERIA AND PROCESSING 5. (I) All applications will be stamped on the dale they are received. All applications will then be given to the Housing Authority personnel for processing. (2) The information contained on the application will be followed up by the housing personnel for processing purposes, including a credit check on the
SENT BY:XEROX : 5 -1 5 -9 7 ; 1:08PM : DIA-* 819 997 0 0 3 4 ;# 7 / 9 -4-applicanl. (3) Applications that are incomplete without justification will be not processed. Once all information has been verified and a credit check has been completed a random number will be assigned to the application to protect the applicant's identity and it will be put forward to the Housing Authority for ranking by assessment o f information on the application based on the point system. (4) In the first year o f operation only the top 8 applications will be recommended by the Housing Authority to the Garden Chief and Council for approval. T hose applicants who are not successful candidates will have their applications placed on file for the next season. (5) Tt is the responsibility for all unsuccessful candidates to keep their file with the Housing Authority updated and current. (6) The Garden River I lousing Authority may establish guidelines for purposes of assessing the applications. Residents Rights on Reserve 6. (1) A person who is not a member of the Garden River First Nation is entitled to reside on the reserve pursuant to the Garden River First Nation Residency By-Law. (2) Residents' who are not band members pursuant to the Citizenship Registry Regulations June 15,1987 or original band members cannot make an application for a housing mortgage pursuant to this program. Right of Review 7. (1 ) Within two weeks after a properly completed application has been submitted to the Housing Authority it shall be processed using the point system and a recommendation to Chief and Council o f the successful candidates will be made. (2) Upon notification that an applicant has been rejected, the applicant may request reasons for their rejection based upon the point system. (3) All decisions o f the Housing Authority are (mat.
SENT BY:XEROX ; 5 -1 5 -9 7 ; 1:09PM ; D1A-* 819 997 0 0 3 4 ;# 8 / 9 -5-Rcapplication 8. Where an application is refused the Council is not required to consider any further application by that person for a period o f one (1) year from the date o f the refusal. Default and Enforcement 9. (1) Failure to meet the repayment terms o f a Mortgage established by the Garden River Housing Demonstration Project will constitute a default pursuant to the terms o f the mortgage. The Housing Authority shall cause a Notice o f Default to issue as soon as any M ortgagors) fails to make their payment on the date stipulated in their Housing Demonstration Mortgage unless notice or cxplantion to the Housing Authority for such lateness has been made and accepted prior to the conclusion o f regular business hours on the date upon which payment is to be made. (2) Where a person who has received under subsection (1) Default Notice subject to the terms o f the Housing Demonstration Mortgage and such M ortgagors) fail or refuses to bring their mortgage into good standing within ninety (90) days after the date on the default notice under subsection (1), shall be issued an Eviction Order to vacate the premises within 30 days o f the date on the Eviction Order. (3) A copy o f the Eviction Order shall forthwith be forwarded by the Housing Authority to a person(s) designated by the Housing Authority to enforce the said Order upon the expiry o f the 30 days where the M ortgagors) tails or refuses to vacate the premises pursuant to the Eviction Order. (4) Upon the execution o f an Eviction Order the Housing Authority shall cause the defaulted Mortgagor's Certificate of Possesion to transfer to the Mortgagee. (5) Any person who fails or refuses to comply with this By-Law or any provisions thereto commits an offence. (6) Everyone who assists a person, to fail or refuse to obey this By-Law or any provisions thereto commits an offence. Penalties 10. Any person who contravenes any o f the provisions o f this by-law commits an offence and is liable on summary conviction to a fine not exceeding one thousand ($ 1,000.00) dollars or to imprisonment for a term not exceeding thirty (30) days, or both.
SENT 3Y:XEROX ; 5 -1 5 -9 7 ; 1:09PM ; DIA-* 819 997 0 0 3 4 ;# 9 / 9 -6 Repeal (The following is to be incorporated into this by-law only if you already have a by-law regulating the residence of band members and other persons in place for your community that you wish to repeal.) 11. By-law num ber___________enacted on th e____________day o f____________________, 199___ , and being By-Law to regulate the residence o f band members or other persons on th e ________________________ ________ ______ Reserve, be and the same is hereby repealed. TH IS BY-LAW IS HEREBY enacted at a duly convened meeting o f the Council o f the _______________________ ___________________ Band th is________ day o f ___________________ 199___. Voting in favour o f the by-law are the following members of the Council: (member o f the Council) (member o f the Council) (member o f the Council! (member o f the Council! being a majority o f those members o f the Council o f th e _____________________________ Band present at the aforesaid meeting o f the Council. The quorum o f the Council i s ______________members. Number o f members o f the Council present at the m e e tin g ;__________ 1,___________ ______________________________________________ Chief/Councillor o f the Band, do hereby certify that a true copy o f the foregoing by-law was mailed to the Minister of Indian Affairs and Northern Development at the District/Regional/Hull office (as the case may be) pursuant to subsection 82 (1 ) o f the Indian Act, th is___________ day o f ______________________, 199___ . (W itn ess) (Chief/Councillor)
SENT BY:XEROX ; 5 -15 -97 ; 1 :05PM ; DIA-* 819 997 0034;# 3 / 9 GARDEN RIVL3 FLIST NATION PHÛNI SHINGWAUK COMMUNITY CULTURAL CENTRE FAX Site 5, Box 7. R.R. No. 4 rsA pncu p iu f h nM T JR in Date: Thursday, January 16,1997 - Scheduled Work Meeting P6A 5K9 Moved by: Chief Dennis Jones Seconded by: Councillor Blaine Belleau ^ o u n t a g g r o v d Eipend from account Chief Dennis Jones £ l Councillor Blaine Belleau *1 Councillor Elaine Lesage Q Councillor Lyle Sayers S Councillor Chris Belleau □ Councillor Ron Boissonéau □ Councillor Morley Pine ^ Councillor Arnold Solomon □ Councillor Teny Belleau □ Councillor Joe Jones □ Councillor Caroline BarrHQ Councillor Jim L e w i s ' Councillor Tyrone Souliere □ Housing By-Law That council adopt the final draft o f the Housing By-law (identified as draft # X datedpfCÆ ‘ 1 ' ) as recommended by the housing demonstration project committee (attached). Council acknowledges that a m otion adopting Housing By-law draft # I was made August I st, 1996 and gives approval for this draft to become null and void, As o f this day the by-law is ready fo r implementation under the Housing Demonstration Project. Abstention 0 Oppose 0 Question 0 All in favour Carried. Chief Councillor Councillor Councillor Councillor Councillor Cknincü^r'' Councillor A quorum for this band fa live (3), OJIBWAYS OF ROBINSON-HURON TREATY OF 1R50
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