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CERTIFIED TRUE COPY SKUPPAH INDIAN BAND RESIDENCY BYLAW, NO. 02-93 TABLE OF CONTENTS PART PAGE Part 1 Title and Interpretation 2 Part 2 Residency Entitlement 3 Part 3 Application Procedure 4 Part 4 Rights of Resident Non-Band Members 6 Part 5 Loss of Residency Right 7 Pâft 6 Appeal Procedure 8 Part 7 Enforcement and Penalty 9 Part 8 Amendments and Severability 9 Schedule "A" Certificate of Residence Schedule "B" Rental Tenancy Agreement
SKUPPAH INDIAN BAND RESIDENCY BYLAW, NO. 02-93 as amended November f \ , 1993 PART 1 A Bylaw regarding the residence of Band members and other persons on the reserves of the Skuppah Indian Band. WHEREAS the reserves of the Skuppah Indian Band have been set apart by Her Majesty for the use and benefit of the members of the Band; and, WHEREAS the Indian Act, R.S.C. 1985, c. 1-5, authorizes Band Councils to pass Bylaws to provide for the residence of Band members and other persons on the reserves of the Band, and to provide for the rights of spouses and children who reside with Band members on the reserve; AND WHEREAS the Council of the Skuppah Indian Band is responsible to the Band membership for the peace, order, and good government of the Skuppah reserve lands; NOW THEREFORE, the Council of the Skuppah Indian Band enacts this Bylaw pursuant to subsections 81 (l)(c), (d), (p), (p.l), (p.2), (q) and (r) of the Indian Act, R.S.C. 1985, c.I-5. 1
SKUPPAH INDIAN BAND RESIDENCY BYLAW, NO. 02-93 as amended November \^\ 1993 TITLE 1. This Bylaw may be cited as the: "Skuppah Indian Band Residency Bylaw, No. 02-93". INTERPRETATION 2 In this Bylaw: (1) "Act" means the Indian Act, R.S.C. 1985, c. 1-5, as amended from time to time; (2) "Band" means the Skuppah Indian Band; (3) "Band List" means a list of Band members which is maintained by the Band; (4) "Band member" means a person whose name appears on the Band List or who is entitled to have his or her name appear on the Band List; (5) "child" includes a child born in or out of wedlock, a legally adopted child and a child adopted in accordance with Indian custom; (6) "Council" means the Chief and Council of the Band chosen according to the custom of the Band; (7) "ordinarily resides" means that a person has adopted a housing unit located on a reserve of the Band as his home, in which he ordinarily eats and sleeps and to which he intends to return after temporary absences; 2
SKUPPAH INDIAN BAND RESIDENCY BYLAW, NO. 02-93 as amended November 1̂ , 1993 (8) "reserve" means a tract of land, the legal title to which is vested in Her Majesty, that has been set apart by her Majesty for the use and benefit of the Band, and includes any lands which may be acquired by way of a land claim settlement; (9) "spouse" includes a common law union of a least two years' continuous duration between two persons of the opposite sex; and, (10) Use of words denoting the male gender is deemed to include the female gender, and the singular the plural where the context requires. PART 2 RESIDENCY ENTITLEMENT 3. A Band member is entitled to reside on the reserves of the Band, subject to: (1) the availability of suitable residential land; and, (2) the existence of adequate housing resources of the Band or of the Band member; and, (3) his obtaining a Certificate of Residence from the Council. 4. A person who is not a Band member may reside on the reserve, subject to the same criteria set out in section 3, providing he: 3
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SKUPPAH INDIAN BAND RESIDENCY BYLAW, NO. 02-93 as amended November 1993 (1) ordinarily resides with a Band member who is his spouse; or, (2) ordinarily resides with his dependent child who is a Band member and over whom he has legal custody; or, (3) is widowed from his spouse who was a Band member, and he has not subsequently married a person who is not a Band member. 5. A Band member who has ordinarily resided on a reserve of the Band prior to this Bylaw coming into force need not obtain a Certificate of Residence from the Council, as long as he remains ordinarily resident on the reserve. 6. Persons entitled to live on the reserves of the Band pursuant to sections 18.1, 28(2) and 58(3) of the Act need not apply for a Certificate of Residence, but may be required to present documentary evidence to Council, upon its request, which proves the legal entitlement of that person to live on the reserve. PART 3 APPLICATION PROCEDURE 7. Upon this Bylaw coming into force, both Band members and non-Band members who are not ordinarily resident but who wish to reside on a reserve of the Band shall apply to Council for a Certificate of Residence issued in the form attached as Schedule "A" to this Bylaw. 8. An application for a Certificate of Residence shall be initiated by the head of a family writing a letter to the Council 4
SKUPPAH INDIAN BAND RESIDENCY BYLAW, NO. 02-93 as amended November P f , 1993 which requests that a Certificate be issued to him and the members of his family, and which specifies whether: (1) a building lot on reserve land is desired in order for the head of the family to privately build a home with the family's own funds; or, (2) a Band-owned housing rental unit is desired to accommodate the family; or, (3) a rent-to-own housing unit is desired for purchase from the Band under and Agreement for Sale. 9. Upon receipt of a letter of application for a Certificate of Residence, Council shall reply within thirty (30) days by: (1) informing the applicant of the Bands' housing policy; and, (2) giving a time estimate for the housing waiting list; and, (2) providing the applicant with a copy of this Bylaw. 10. If the application is for a building lot on reserve, Council may issue the Certificate of Residence to the head of the household providing Council is satisfied the applicant has the funds necessary to pay for the house construction and servicing charges to the building lot. 11. If the application is for rental of a Band-owned housing unit or the purchase of a rent-to-own housing unit, the Council shall require the applicant to sign the Rental Tenancy Agreement 5
SKUPPAH INDIAN BAND RESIDENCY BYLAW, NO. 02-93 as amended November K? , 1993 attached as Schedule "B" to this Bylaw before issuing the Certificate of Residence. 12. The Council may refuse to issue a Certificate of Residence if the applicant has previously demonstrated disrespect for: (a) the health or safety of the Band members; or (b) the peace, customs or bylaws of the Band.. 13. The Council may appoint a Band Housing Committee to review all applications for Certificates of Residence and to recommend to Council the issuance or denial of same. PART 4 RIGHTS OF RESIDENT NON-BAND MEMBERS 14. Non-Band members who reside on Skuppah reserve lands pursuant to this Bylaw will not be entitled to receive or to benefit from any funding allocated by the federal or provincial governments on behalf of the members of the Band, unless those funds are specifically allocated to resident non-Band members who are ordinarily resident on Skuppah reserve lands. 15. The community rights of a non-Band member who has been issued a Certificate of Residence include: (1) quiet enjoyment of his residence on the reserve; and, (2) expressing his opinion at Band meetings about community affairs which directly affect himself and his immediate family. 6
SKUPPAH INDIAN BAND RESIDENCY BYLAW, NO. 02-93 as amended November , 1993 PART 5 LOSS OF RESIDENCY RIGHT 16. A person whose name has been lawfully deleted from the Band List pursuant to the Skuppah Indian Band Membership Rules ceases to be entitled to reside on the reserve. 17. The Council may revoke a Certificate of Residence issued to a person under this Bylaw if: (1) rent remains unpaid on the 1st day of each month, and remains unpaid after notice has been duly served pursuant to section 6 of the Rental Tenancy Agreement, attached as Schedule "B" hereto; or, (2) his conduct, or the conduct of a person permitted by him on or in the residential property, unreasonably disturbs the enjoyment of othër persons lawfully entitled to be on the reserve; or, (3) he causes extraordinary damage, beyond ordinary wear and tear, to any residential property owned either by the Band or a Band member; or, (4) the numbers of persons permanently occupying the residential premises is unreasonable for the size and design of the residence, or more than those authorized under the Certificate of Residence; or, (5) he has purported to assign or sublet the residential property; or, 7
SKUPPAH INDIAN BAND RESIDENCY BYLAW, NO. 02-93 as amended November I e] . 1993 (6) the head of household named in the Certificate of Residence marries a member of another Band and ordinarily resides on the reserve lands of the other Band. 18. For greater certainty a Band member who ceases to be entitled to reside on the reserves of the Band shall be entitled to six months within which to dispose of his property on the reserve, pursuant to section 25 of the Act. PART 6 APPEAL PROCEDURE 19. If the Council decides to: (1) deny an application for a Certificate of Residence; or, (2) revoke a previously issued Certificate of Residence, thé applicant or previous Certificate holder may appeal Council's decision to the members of the Band by filing a letter of appeal with the Council within ninety (90) days of the date of Council's decision. 20. Within thirty (30) days of receiving the appeal, the Council shall call a general Band meeting to review the merits of the application. 21. If a majority of the adult members of the Band who are present at the Band meeting, of which fourteen (14) days written notice has been given, vote by secret ballot in favour of granting the appeal, the Council shall issue or re-issue the Certificate of Residence to the applicant. 8
SKUPPAH INDIAN BAND RESIDENCY BYLAW, NO. 02-93 as amended November , 1993 PART 7 ENFORCEMENT AND PENALTY 22. A person who ordinarily resides on a reserve of the Band and whose name does not appear on a Certificate of Residence, as required by sections 3 and 4 of this bylaw, commits an offence. 23. The Council may, by written order, demand any person described in section 22 to cease to reside on the reserve within thirty (30) days of the date of the order. 24. A person who fails or refuses to cease to reside on the reserve within thirty (30) days in accordance with an order issued under section 23 commits an offence against this bylaw. 25. If an offence is committed, the Council may lay an information against the person committing the offence for prosecution under this Bylaw. 26'. Where a person is convicted of breach of this bylaw, he is liable to a fine upon summary conviction not exceeding $1,000.00 or imprisonment for a term not exceeding thirty (30) days, or both, in addition to any court order prohibiting that person's continued residence on the reserve pursuant to sections 81(1)(r) and 81(2) of the Act, or as amended from time to time. PART 8 AMENDMENTS AND SEVERABILITY 27. If any part or section of this Bylaw is declared or adjudged to be invalid or unenforceable by any court, such 9
SKUPPAH INDIAN BAND RESIDENCY BYLAW, NO. 02-93 as amended November invalidity or unenforceability shall not affect the validity or enforceability of any other part of this Bylaw. 28. This Bylaw may be amended by the Council from time to time. READ, CONSIDERED AND ADOPTED AT A DULY CONVENED MEETING OF THE COUNCIL OF THE SKUPPAH INDIAN BAND ON THE NOVEMBER, 1993. I, John McIntyre, Chief of the Skuppah Indian Band, do hereby certify that a true copy of the foregoing Bylaw was forwarded to the-Minister of Indian Affairs and Northern Development pursuant to subsection 82(1) of the Indian Act this 1993. (Signature) Witness- 10, 1993 _________ DAY OF ______ day of November, (Signature) Chief JdivrL—Mcf 2 n 1 t _ y _ r _ e
SKUPPAH INDIAN BAND RESIDENCY BYLAW CERTIFICATE OF RESIDENCE Schedule "A" This Certificate of Residence authorizes the following persons to reside on SKUPPAH INDIAN RESERVE # __________________ pursuant to section _____ of the Residency Bylaw: [Head of household] This Certificate of Residence may be revoked by the Council upon any breach of the peace or Bylaws of the Skuppah Indian Band. Chief (Print name) Date Issued:
RENTAL TENANCY AGREEMENT Schedule "B" C This Rental Tenancy agreement made as of the ______________ day of _____________ , 199___ between the SKUPPAH INDIAN BAND, the "Band", and ____________________________ , herein also known as the "Tenant", WITNESSETH THAT for and in consideration of the premises and the mutual covenants and agreements hereinafter contained, the Band and the Tenant agree as follows: 1. OCCUPANTS The Tenant covenants that the following persons shall be the only permanent occupants during the term of this Agreement, unless the Band consents in writing to other persons becoming occupants, which consent will not be unreasonably withheld. The Tenant acknowledges and agrees that this covenant is a material covenant of this Tenancy Agreement and that its breach will provide grounds for Termination. PLEASE PRINT CLEARLY Full names of all adult occupants to occupy the premises (age 19 or older). Include given names for each one. Full names and ages of all minor occupants to occupy the premises, (under age 19, including infants). Include names of each and every minor to occupy the premises and their ages.
2 2. PREMISES The Band rents to the Tenant, for the sole use and occupation as a residential dwelling, all those certain Premises more particularly know and described as: 3. SERVICES & EQUIPMENT No furnishings, equipment or utilities shall be supplied by the Band except those checked below, which the Tenant agrees are in satisfactory condition and which the Tenant and the Tenant1s guests shall keep in good condition and use carefully: Stove ( ) Fridge ( ) Carpets ( ) Drapes ( ) Sheers ( ) Blinds ( ) Water ( ) Heat ( ) Hot Water ( ) Washer & Dryer ( ) 4. RENTAL PERIOD The tenancy created by this agreement commences on the ______ day of ______________ , 199.___ and continues on a month to month basis until cancelled in accordance with this Agreement. 5 . RENT (a) The Tenant agrees to pay to the Band the rent in the sum of $_______________ per month, payable in advance on the first day of each month at the Band office or at such other place as the Band may hereafter direct from time to time. Payment shall be made by cheque or money order payable to the agent of the Band, SKIHIST HOUSING SOCIETY, a Society registered pursuant to the laws of British Columbia. This rent may be adjusted pursuant to clauses 5 (d) & (e). (b) The Tenant is required to pay a damage deposit of $______________________ prior to occupancy which will be reimbursed to the Tenant within 30 days of vacating the home, under the "VACATING OF HOME" section of this Agreement. (c) The Tenant may also be required to pay heating, telephone, television cable, and hydro charges. (d) The Tenant agrees to make available annually to the Band, a Verification of Income and a Family Profile, which is
3 necessary for the Annual Rental Review. These are due on April 1st of each year. Failure to provide adequate proof of income as requested by the Band will result in the Tenant being responsible for paying the rent as originally determined in clause 5 (a). (e) (i) The Band may adjust the rent annually for a period of no less than 12 months. If adjusted, the anniversary date of the new rental rate shall be the __________ day of _____________________, 199___ . (ii) Rental adjustments may be necessary based upon changes in the economic circumstances of the Tenant, eg.: family size, employment, etc., or the availability of external subsidy. (f) Written notice on vacating the home must be given to the Band 30 days in advance of the vacating date. If the Tenant fails to do so, the Tenant may be subject to paying the following month's rental. 6. EVICTION (a) (i) If rent is not received on the first day of a month, an overdue notice may be issued on the 2nd day of the month giving 10 days to pay the monthly rent in full; (ii) If the rent is not paid within the 10 days, the Band may issue an eviction notice on that day giving the Tenant 14 days to give vacant possession of the premises to the Band. (iii) If the Tenant fails to give vacant possession to the Band on the 14th day, the Band may remove all personal belongings at the expense of the Tenant. (b) Wilful damage or abuse of the house may result in: (i) an additional damage deposit to pay for damages; (ii) a notice of eviction; or (iii) both. (c) Repeated disturbance of the peace may result in an eviction. (d) The Band maintains the right to make inspections of the home for purposes of maintenance and upkeep, upon reasonable notice to the Tenant. (e) All notices of eviction shall be given in writing to the Tenant.
4 (f) The Tenant will abide by all rules, regulations and Bylaws implemented by the Band. INSURANCE (a) The Band, as owner, will bear the cost of fire insurance for the home and chattels. The cost of personal contents insurance will be borne by the Tenant. (b) (i) 100% of the deductible will be charged to the Tenant for claims as a result of wilful damage (vandalism) eg.: broken window, smoke damage. (ii) The Band will pay 100% of the deductible for accidental damage caused by uncommon occurrences, eg.: a fallen tree. (c) The Tenant shall not do or omit to do something which may render void or voidable any policy of insurance on the premises. (d) The Tenant shall indemnify and save the Band harmless for all liabilities, fines, suits and claims of any kind for which the Band may be liable or suffer by reason of the Tenant's occupancy of the premises. MAINTENANCE (a) The Tenant will be responsible for the general upkeep and maintenance of the house. This will include minor repairs and replacements. (b) The Tenant is expected to report any and all damages of the home and its services and equipment as described in clause 3 to the Band. (c) The Band shall be responsible for all normal wear of the house. (d) The Tenant will not mark or deface the interior or exterior wall or floors of the house. Nor will the Tenant use any sticky tape, eg. : masking tape on any painted surfaces. (e) All requests for repair/maintenance service must be directed to the Band Office. (f) The Tenant will not make any alterations to the home without prior written consent of the Band. (g) All improvements will become the property of the Band.
5 (h) The Tenant is responsible for maintaining the house and area surrounding the house in a clean and orderly condition. 9. VACATING OF HOME (a) Upon vacating, the dwelling must be left clean or the Tenant will be charged for cleaning; (b) Clean shall mean: (i) all rugs cleaned, vacuumed, and stains shampooed out ; (ii) all floors cleaned and washed; (iii) all walls cleaned and washed; (iv) all electric light bulbs functioning and in place, including all fixtures whole and undamaged; (v) refrigerator(s) cleaned of all food and stains and defrosted. All damage repaired to racks, etc. No surface may be scraped during defrosting. No debris shall remain under or behind the refrigerator; (vi) range cleaned free of all grease inside and out, free of all debris, glass clean, no debris under or behind range. All fuses for range in working order; (vii) all garbage whatsoever removed from suite, cupboards, cabinets, etc.; (viii) washer and dryer cleaned inside and out. No debris under or behind washer and dryer. 10. ASSIGN OR SUBLET The Tenant shall not assign or sublet the Premises. 11. DEFAULT If there is more than one Tenant, the obligations hereunder shall be joint and several. A breach of this Tenancy Agreement by the Tenant, by failing to perform or observe any of his/her covenants, or doing anything contrary to the terms of this Agreement, gives the Band the right to declare the tenancy ended, and thereupon the tenancy and the Tenant's rights hereunder shall absolutely cease, and the Band or
6 its agent may re-enter the premises or any part of it, and thereafter have, possess and enjoy it as if this Agreement had not been made. THE TENANT HEREBY ACKNOWLEDGES HAVING READ THIS TENANCY AGREEMENT AND ACKNOWLEDGES RECEIPT OF A DUPLICATE COPY. DATED at ______________________________ , B.C. this ___________ _ day of _____________________________ , 199____ . Agreed to and signed by the Tenant (each adult occupant)
CERTIFIED TRUE COPY SKUPPAH INDIAN BAND Residency Bylaw, No. 01-93 SCHEDULE OF AMENDMENTS The Council of the Skuppah Indian Band hereby adopts the following amendments to the SKUPPAH INDIAN BAND RESIDENCY BYLAW, No. 01-93, which came into force on September 28, 1993: 1. Section 1, "Title" is amended by repealing the number "01" and substituting the number "02", as follows: 1. This Bylaw may be cited as the: "Kanaka Bar Indian Band Residency Bylaw, No. 02-93". 2. Section 3(3) is amended by repealing the words "residency permit" and substituting the words "Certificate of Residence" therefor, as follows: 3. A Band member is entitled to reside on the reserves of the Band, subject to: (3) his obtaining a Certificate of Residence from the Council. 3 \ ' Section 5 is amended by repealing the words "residency permit" -and substituting the words "Certificate of Residence" therefor, as follows: 5. A Band member who has ordinarily resided on a reserve of the Band prior to this Bylaw coming into force need not obtain a Certificate of Residence from the Council, as long as he remains ordinarily resident on the reserve. 4. Section 6 is amended by repealing the words "residency permit" and substituting the words "Certificate of Residence" therefor, as follows: 6. Persons entitled to live on the reserves of the Band pursuant to sections 18.1, 28(2) and 58(3) of the Act need not apply for a Certificate of Residence, but may be required to present documentary evidence to Council, upon its request, which proves the legal entitlement of that person to live on the reserve.
2 5. Section 7 is amended by adding the words "who are not ordinarily resident but", and by repealing the words "residency permit" and substituting the words "Certificate of Residence" therefor, as follows: 7. Upon this Bylaw coming into force, both Band members and non-Band members who are not ordinarily resident but who wish to reside on a reserve of the Band shall apply to Council for a Certificate of Residence issued in the form attached as Schedule "A" to this Bylaw. 6. Section 8(3) is amended by repealing the words "residency permit" and substituting the words "Certificate of Residence" therefor, and by adding the words "requests that a Certificate be issued to him and the members of his family, and which", and by adding the words "for purchase from the Band under", as follows : 8. An application for a Certificate of Residence shall be initiated by the head of a family writing a letter to the Council which requests that a Certificate be issued to him and the members of his family, and which specifies whether: (3) a rent-to-own housing unit is desired for purchase from the Band under an Agreement for Sale. 7. Section 9 is amended by repealing the words "residency permit" and substituting the words "Certificate of Residence" therefor, as follows: 9. Upon receipt of a letter of application for a Certificate '-r of Residence, Council shall reply within thirty (30) days by : (1) informing the applicant of the Bands' housing policy; and, (2) giving a time estimate for the housing waiting list; and, (3) providing the applicant with a copy of this Bylaw. 8. Section 10 is amended by repealing the words "residency permit" and substituting the words "Certificate of Residence to the head of the household" therefor, and by repealing the word "it" and substituting the word "Council" therefor, as follows: 10. If the application is for a building lot on reserve, Council may issue the Certificate of Residence to the head of the household providing Council is satisfied the applicant has the funds necessary to pay for the house construction and servicing charges to the building lot.
3 9. Section 11 is amended by repealing the words "residency permit" and substituting the words "Certificate of Residence" therefor, as follows: 11. If the application is for rental of a Band-owned housing unit or the purchase of a rent-to-own housing unit, the Council shall require the applicant to sign the Rental Tenancy Agreement attached as Schedule "B" to this Bylaw before issuing the Certificate of Residence. 10. Section 12 is amended by repealing the whole section and substituting a new section therefor, as follows: 12. The Council may refuse to issue a Certificate of Residence if the applicant has previously demonstrated disrespect for: (a) the health or safety of the Band members; or (b) the peace, customs or bylaws of the Band. 11. Section 13 is amended by repealing the words "residency permits" and substituting the words "Certificates of Residence" therefor, as follows: 13. The Council may appoint a Band Housing Committee to review all applications for Certificates of Residence and to recommend to Council the issuance or denial of same. 12. Section 15 is amended by repealing the words "residency permit" and substituting the words "Certificate of Residence" therefor, as follows: • '15. The community rights of a non-Band member who has been issued a Certificate of Residence include: (1) quiet enjoyment of his residence on the reserve; and, (2) expressing his opinion at Band meetings about community affairs which directly affect himself and his immediate family. 13. Section 17 and subsections (3), (4), and (6) are amended by : (a) repealing the words "residency permit" and substituting the words "Certificate of Residence" therefor, and by adding the words "to a person" in section 17; and (b) adding the words "either" and "or a Band member" in subsection (3); and
4 (c) adding the words "for the size and design of the residence, " and substituting the words "residency permit" with "Certificate of Residence" in subsection (4); and (d) repealing the words "permit holder" and substituting the words "head of household named in the Certificate of Residence" therefor in subsection (6), all as follows: 17. The Council may revoke a Certificate of Residence issued to a person under this Bylaw if: (3) he causes extraordinary damage, beyond ordinary wear and tear, to any residential property owned either by the Band or a Band member; or, (4) the numbers of persons permanently occupying the residential premises is unreasonable for the size and design of the residence, or more than those authorized under the Certificate of Residence; or, (6) the head of household named in the Certificate of Residence marries a member of another Band and ordinarily resides on the reserve lands of the other Band. 14. Section 19 is amended by repealing the words "residency permit" in both places it appears and substituting the words "Certificate of Residence" therefor, and by substituting the word "Certificate" for the word "holder", and by substituting the words "ninety (90) days" for the words "one (1) year", all ' as follows: 19. If the Council decides to: (1) deny an application for a Certificate of Residence; or, (2) revoke a previously issued Certificate of Residence, the applicant or previous Certificate holder may appeal Council's decision to the members of the Band by filing a letter of appeal with the Council within ninety (90) days of the date of Council's decision. 15. Section 20 is amended by repealing the words "two months" and substituting the words "thirty (30) days" therefor, as follows : 20. Within thirty (30) days of receiving the appeal, the Council shall call a general Band meeting to review the merits of the application.
5 16. Section 21 is amended by repealing the words "two weeks" and substituting the words "fourteen days" therefor, and by substituting the phrase "vote by secret ballot in favour of granting the appeal" for the phrase "vote in favour by secret ballot that the appeal be granted", and by substituting the words "residency permit" with the words "Certificate of Residence", all as follows: 21. If a majority of the adult members of the Band who are present at the Band meeting, of which fourteen (14) days written notice has been given, vote by secret ballot in favour of granting the appeal, the Council shall issue or re-issue the Certificate of Residence to the applicant. 17. Section 22 is amended by repealing it in its entirety and substituting therefor five (5) new sections numbered 22, 23, 24, 25 and 26, all as follows: 22. A person who ordinarily resides on a reserve of the Band and whose name does not appear on a Certificate of Residence, as required by sections 3 and 4 of this bylaw, commits an offence. 23. The Council may, by written order demand any person described in section 22 to cease to reside on the reserve within thirty (30) days of the date of the order. 24. A person who fails or refuses to cease to reside on the reserve within thirty (30) days in accordance with an order issued under section 23 commits an offence against this bylaw. 25. If an offence is committed, the Council may lay an information against the person committing the offence for prosecution under this Bylaw. 26. Where a person is convicted of breach of this bylaw, he is liable to a fine upon summary conviction not exceeding $1,000.00 or imprisonment for a term not exceeding thirty (30) days, or both, in addition to any court order prohibiting that person's continued residence on the reserve pursuant to sections 81(1)(r) and 81(2) of the Act, or as amended from time to time. 18. Sections 23 and 24 are renumbered as sections 27 and 28. 19. Schedule "A" is amended by replacing the words "Residency Permit" with the words "Certificate of Residence", and by adding the words "Head of Household" all as shown on the new Schedule "A" attached hereto. This ends the amendments.
SKUPPAH INDIAN BAND RESIDENCY BYLAW CERTIFICATE OF RESIDENCE Schedule "A" This Certificate of Residence authorizes the following persons to reside on SKUPPAH INDIAN RESERVE # ___________________ pursuant to section _____ of the Residency Bylaw: [Head of household] This Certificate of Residence may be revoked by the Council upon any breach of the peace or Bylaws of the Skuppah Indian Band. Chief (Print name) Date Issued:
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