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f SKEETCHESTN INDIAN BAND LAND USE BYLAW WHEREAS the Skeetchestn Indian Band, at a Teeting of its Membership on September 25th, ldR5 decided to implement a Land Use Bylaw based upon the traditional uses of its land, and; WHEREAS the Skeetchestn Indian hand desires to develop its land in an orderly fashion, and; WHEREAS the Council of the Skeetchestn Band is empowered under Section B1 (o), (h) and (r) of the Indian Act R.S., c. 149, s.I. to divide the Skeetchestn Reserve into zones for the development of said lands and construction of buildings; NO',,1 THEREFORE the Council of the Skeetchestn Band of Indians enacts the following bylaw: SHORT TITLE This Bylaw is to be known as the Skeetchestn Indian Band Land Use Bylaw 1985-1 . DEFINITIONS Act I means the Indian Act, R.S., c. 149, s.I. I Band" means the Skeetchestn Band of Indians. "Band Land" means all areas of the Reserve not held under Notice of Entitlement, Location Tickets or Certificates of Possession as duly authorized under the Act. "Band Council" means the Chief and Councillors as duly elected under Sections 73 - 00 of the Act or by means of the Custom of the Band as approved by the minister of Indian Affairs and Northern Development.
2 "Band Member" means any nerson who is registered by the Oeoartnent of Indian Affairs as a Member of the Skeetchestn Band of Indians. Col lectively this may be called the Band Membership. "Commercial Oeveloonent" means the establishment of a facility, structure or use of lands for goods or services for financial gain other than for the consumption of Band Membership. "Elector" means a Band Member who has reached their eighteenth birthday on or before the day of any vote which pertains to changes in this Bylaw. "Traditional Use" means the use which Band Members have utilized lands since the establishment of the Skeetchestn Reserve, and before, for the pursuit of livelihood, habitation, fishing, burial, religions and recreation purposes. "Zone" means an area of land on Skeetchestn Indian Reserve as geographically descri bed in this Bylaw and for which specific uses are set out. ZOMES a) The Reserve shall be divided into zones as hereinafter set out, which zones shall nerscribe the use of land within the boundaries of the zone. b) Mo land within the Reserve shall be used other than set out in the uses herei n.
c) Uses of zones nay be further restricted by Band Council from those set nut below if in the view of the Health and Welfare Canada Health Inspector the activity could create a safety or health dancer to Band Members or residents of the Reserve, or if a netition of complaint based upon excessive noise, dust or annoyance is received by Band Council sinned by fifteen electors or more. Zone 1̂ Village Site Uses: - Roads K Bridges Band Members Homes - Community Buildings - Recreational Facilities - Cenetary - The location of wells, reservoir, community buildings, power lines, pipe lines, road, bridges, and infra-structure for village and public works facilities Family gardens and cron growing - Keepino small numbers of livestock Zone “1 : Geographical Description The boundary commences at the northeast corner of lot 15 and extends due east to the 2000 foot contour; it proceeds south on the 2000 foot contour to a point due east of the most southerly point of lot 21; the boundary then proceeds due west to the most southerly point of lot 21; proceeds north alone the western boundary of lot 21 to the northwest corner of lot 21; nroceeding east on the northern boundary of lot 21 to the northeast corner of lot 21. The boundary proceeds north to the southeast corner of lot 20; proceeds north on the most 'westerly boundary of lot 20 to the northeast corner of lot 20; then proceeds west on the northern boundary of lot 20 to its northwest corner; it then proceeds from the northwest boundary of lot 20 to the midpoint of Oeadmans Creek and proceeds south following the centerpoint of Oeadmans Creek to a point due east of the southeast corner of lot 17; proceeds on the southern boundary of lot 17 to its southwest corner and proceeds from that point due west to the 1800 foot contour. The boundary proceeds north to a point on the 1800 foot contour to a point due
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4 west of the southwest corner of lot 12. This boundary then oroceeds fron that point to the southwest corner of lot 12; the boundary then proceeds alone the southern boundary of lot 12 to a point due east of the southeast corner of lot 12 and which is the midstream of Headmans Creek. The boundary nroceeds nidstrean on Headmans Creek in a southerly direction following course of midstream of the creek to a point due west of the juncture of lot 15 and Headmans Creek. The boundary then nroceeds easterly on the southern boundary of lot 15 to the southeast corner of lot 15. The boundary nroceeds north alonn the easterly boundary of lot 15 to its northeast corner -where it then closes the boundary of the zone. Zone -• 11 Valley Cotton Land Uses: - Agricultural and residential use for Band Membership Comnercial Bevel opinent - Properties ‘/here possessionary riohts are held under notices of Entitlement, Certificates of Possession or by the Band and nay be leased for aoricultural and/or residential uses. - Irrigation systems and refuse sites as duly authorized by Band Counci 1. Zone #11: Geographical Description Zone II consists of three areas. The boundaries are described as follows: Zone -Il Area #1 is formed by Lots 1 and 2. Zone #11 Area #11 The boundary starts at the intersection of the 2000 foot contour and the northeast boundary of Skeetchestn Indian Reserve and proceeds south to a point on the 2000 foot contour directly due west of the northeast corner of lot 15; and proceeds west to the northeast corner of lot 15; proceeds south to the southeast corner of lot 15; from that point proceeds west followinn the southern boundary of lot 15 to the intersection of lot 15 and Headmans Creek. The boundary continues to the midstream point due east of the southeast corner of lot 12; proceeds west on the southern boundary of lot 12
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- The use of wood resources for Band Members’ personal use (ie: cutting of posts, firewood, logs for construction) Commercial loaning or use of timber resources by the Band for commercial use as approved by Rand Membership orior to commercial longing or utilization. - Picking of herbs, roots and berries for Indian Medicine, food and traditional use. Recreational uses such as hiking, swimming, skiing and horseback ridina for Rand Membership. Commercial grazing as approved by Band Council. ZONE #111 : Geographical Description Zone #111 consists of four areas. The boundaries are described as follows: Zone #111 Area #1 The boundary begins at the intersection of the northern boundary on the east side of the Deadmans Creek at the 2000 foot contour level and proceeds south following the 2000 foot contour level to a point due east of the northeast corner of lot 15; it proceeds to a noint due east of the southern most point of lot 21 remaining on the 2000 foot contour level. From that point it proceeds south following the 2000 foot contour level until it intersects with the eastern boundary of Skeetchestn Indian Reserve; from that point it proceeds north on the eastern boundary of Skeetchestn Indian Reserve then proceeds east to the 2000 foot contour level and closes the boundary of the zone at that intersection on the northern boundary. Zone #111 Area #11 The boundary commences at the intersection of the 2000 foot contour and the eastern boundary of Skeetchestn Indian Reserve. From that point the boundary proceeds due west to a point which intersects with the 1700 foot contour. The boundary then proceeds south in a northwest direction along the northern boundary of Plan 56972 to the midstream point of Deadmans Creek. It then proceeds south along midstream of Deadmans Creek to the
7 point of Parcel F and Deadmans Creek intersection. It proceeds due west to the 1400 foot contour and from that point proceeds south foil owing the southeast boundary of parcel D , Plan 531 34; at the southeast corner of Parcel D, it proceeds west followin'] this boundary to its most west point at the boundary of Parcel G. Plan 56129. It then proceeds south from that point along the boundary of Parcel G Plan 56129 to the southern boundary of Skeetchestn Indian Reserve. It then follows the southern boundary of Skeetchestn Indian Reserve eastward to the southeast corner of the Skeetchestn Indian Reserve on the Thompson River; proceeds north to the intersection of the 2000 foot contour and the easterly boundary of Skeetchestn Indian Reserve and closes the boundary of the zone at that poi nt. Zone #111 Area #111 The boundary commences at the juncture of the northern boundary of the Trans Canada Highway and the southwestern boundary of Skeetchestn Indian Reserve. The boundary Proceeds north following the western boundary of Skeetchestn Indian Reserve to the point where it intersects with the southern boundary of lot 1. It proceeds east on the southern boundary of lot 1 and lot 2 to the point where the southeastern boundary of lot 2 intersects with the northwestern boundary of Skeetchestn Indian Reserve; proceeds southeasterly on the northeast boundary of Skeetchestn Indian Reserve to the intersection of the 1800 foot contour west of Deadmans Creek. The boundary proceeds south on the 1800 foot contour to the northern boundary of the Trans Canada Highway; proceeds west on the northern boundary of the Trans Canada Highway to the point where that boundary intersects with the western boundary on Skeetchestn Indian Reserve where the boundary closes that zone. Zone #111 Area #IV The Roundary commences at the intersection of the western boundary of the Skeetchestn Indian Reserve and north boundary of lot 1 and proceeds north to the northwestern corner of the Skeetchestn Indian Reserve. It then proceeds west and northeast to the ooint where Skeetchestn Indian Reserve boundary intercepts with Clenes Creek which is the northeasterly boundary of
Skeetchestn Indian Reserve. It continues south on the northeastern boundary of Skeetchestn Indian Reserve to the intersection of the boundary of the Skeetchestn Indian Reserve and lot 1. It proceeds westerly on the northern boundary of lot 1 to the 'western boundary of Skeetchestn Indian Reserve to close the boundary area for the zone. Zone *IV Anricultural Land Uses: - Growinn of agricultural crops. - Grazino of cattle as duly approved by Council. - Commercial leasing to Band members and 'Ion-Band Members for Agricultural use only (as approved by Rand Counci 1). - Storing of equipment, irrigation systems, and crops. - Residential is restricted to buildings already constructed at the time of this bylaw being implemented. Zone -IV: Geographical Description The boundaries are described as follows: The boundary begins at the southwestern boundary of the Skeetchestn Indian Reserve where it meets the south boundary side of the Trans Canada Highway. The boundary extends south alonn the boundary of Skeetchestn Indian Reserve to its southwest corner where it meets the Thompson River, and proceeds east alonn the southern boundary of the Skeetchestn Indian Reserve including sublot Plan M2109 to the southeastern corner of Parcel G. It proceeds in a northeast direction on the southeasterly boundary of Parcel G Plan 56129 to a point where it intersects with the southern boundary of Parcel 9 Plan 63134. The boundary continues southeast on the southern boundary of Parcel D and follows the boundary of Parcel 0 to the intersection with the southern boundary of the Trans Canada Highway. It continues north and west on the boundary of the Trans Canada Highway to a point where the southern boundary of the Trans Canada Highway intersects with the southwest boundary of the Skeetchestn Indian Reserve therefore closing the boundary of that zone. Zone Commercial (Band Land)
0 ’Isos: - Postinn cornercial hinhway signs which have been duly approved under permit by Hand Council. - The establishment for storage, retail sales, commercial recreationa1 faci1i ti es. Infra-structure for commercial facilities including accomodation for persons operating retail facilities. P a r k inn and f r o n t age ro a dw a.v s. Grazing and keening of animals. Leasing to Band Members and Non-Band Members for the above stated ourooses in this section. Zone #V: Geographical Description Motwithstandinn the boundaries set out in Zone I, II, III, and IV, the boundaries of Zone V are set out as follows: 1. A buffer strip extending 150 metres on each side of the Trans Canada highway from the easternmost boundaries of the Skeetchestn Indian Reserve to the western boundary of the Skeetchestn Indian Reserve. Zone #VI Heritage & Historical Reserves Uses: - Maintenance of fisheries facilities. - Protection of burial sites, heritage sites and cultural sites. - Traditional fishinn nrounds. Recreational use which preserves and protects heritane fishing and burial sites. Zo’ie -VI : Geographical nescri pti on Hot withstanding the boundaries set out in Zones I, II, III, and IV, this area is set out as reach inn 15(1 metres north of the southern boundary of Skeetchestn Indian Reserve from its westerly boundary to its eastern boundary and includes sublet Plan M2109. Other areas within the Skeetchestn Indian Reserve may be desinnated with this zone classified from
10 tine to tine by means of a duly approved Band Council Resolution, hut nay not be declassified without folio-wing procedures set out in Section 5. Commercial Development Commercial Development may on!y he developed on Skeetchestn Reserve using the following procedures: a) Prior to the development of Commercial Development, plans must he sub mitted to the RanfH Membership at a duly convened General Band Meetino for discussion. b) Prior to the development Commercial Development plans must have the approval cf the Health and Wei fare Canaria Health Inspector, Canada Mortgage and Housing Building inspector and other appropriate licencing agencies if the development includes structure or physical facilities beinq constructed. c) Prior to the development of Commercial Development, a permit must be issued by the Band Council allowing the Development to proceed. d) Any costs involved in the acquisition of appropriate permits are the responsibility of the person or group engaged in Commercial Development. Legal Description a) All leoal descriptions are as established in Chronoflex Plan Ho. 52950 CLSR (Ottawa) or any other legal descriptions as registered by CLSR (Ottawa) effective the date of March 15, 1985 and as set out in the attached map in Schedule I. b) Zones I, II, III, and IV are set out on Appendix I to this Bylaw which constitutes part of this Bylaw any discrepancies between Appendix I and the wording included in this Bylaw, the wording will take precedence.
n Ane si client, or Channes to Use of Zones or Boundaries of Zones Rand Council :nav make only changes to the boundaries of the zones or to chan-ye the use of the zones usina the following procedure: a) Band Members Acceptance of Changes or Amendments to This By!aw Rand Council must receive the approval of 75% of the Sand electors to make amendments or changes to this Bylaw. h ) notification of Channes or Amendments i) Band Council must present, not less than 30 days orior to a vote for a chance or amendement, written notification (to each available elector) the exact wording of the boundary chances and/or the amendment and a copy of the wording prior to the proposed changes. In addition, the Band Council must provide, at the same time, the reason, in full, for the proposed channes or the amendment. ii) Band Council must hold a full discussion of the proposed changes at least one duly convened Band Membership meeting. Notices of this meeting must be circulated to all electors, where possible. The meeting is to be held no less than two weeks prior to the vote on the changes. The notice must have the proposed amendment or changes itemized as an agenda item. The purpose of the discussion will be to fully explain the nroposed changes. c) The Vote i) The vote to make changes or amendments must be held by Secret Ballot. ii) The Band Council shall set aside a day, at least 30 days after the notificationof the vote, for Band Menibers to cast ballots on the proposed channes and/or amendments. iii) A list of electors shall be established and each elector will be entitled to one vote. iv) A poll inn officer wi11 open the poll at 8:00 Ail and close it at 8:00 PM. during that time he will receive electors, ensure they are not voting more than once, shall ensure their votinc is done in secret
12 and shall ensure a ballot box is kept to hold the ballots in secret until they are counted. Me v/i 11 provide assistance where an elector is handicapped or does not understand Enolish. v) The poll inn officer cannot be an elector and is to be appointed by Band Council 30 days prior to the votino date. vi) At 3:00 PM the pollino officer shall, in the view of all electors present, count the votes and immediately report the result to any electors present. vii) He shall keep all ballots for 30 days in the event of a recount being requested. The ballots shall be kept under seal. viii) The ballots shall be prepared in such a way as to show the wording of the change or amendments prior to the change being made and include the wording of the proposed change being made and include the wording of the proposed changes. Each shall be prefaced in the following way respectively: (The Original wording) (The proposed Change) A space shall be made in the form of a square for the elector to mark his choice beside each alternative. ix) Once a vote is taken a new vote on the same issue may not be made for six months. Penal ties Any person interfering with the provisions of this Bylaw, or not complying with the orovisions of this Bylaw shall be deemed to have committed an of fence under the Act and is subject to punishment contained therein. Severability If any provision of this Bylaw is found
13 invalid such provision is severable. Gender and Plurality In this Bylaw any words in the singular include the plural and works in the masculine include the feminine where the context requires. .. U J . G . COUNCILLOR '
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