Contenu de la décision
NOV-21-97 FRI 14:38 P. A. E. A. FAX NO. 120' ÎTlathias Colomb Créé Tîation BMP»** Q04T 553-2089-2090 PUKATAWAGAN, MANITOBA FAX: 1 (2Q4) 553-2419 ROB 1G0 By-law Ko. 9 of tiie Mathias Colomb Band. 7 ' c> A By-law for the preservation, protection and ipmagemest of fur bearing Animals and other Crame. i Whereas the Council of the Mathias Colomb Band, also known as the Mathias Colomb Cite bearing animals and other game on the reserve, matters ancillary thereto, and a penalty for the violation thereof; And Whereas the Council of the Mathias Colomb Band, also known as the Mathias Colomb Cite Nation Has die power to make such by-law pursuant to paragraphs 31(1) (o), (q) and (r) of the Indian Act; And Whereas It ic considered to be expedient and necessary to provide for Sic preservation, protection and management of fur bearing animate mid oilier game on the reserve* Now Therefore the Council of the Mathias Colomb Band hereby makes the following by-law: t. This by-law may be cited os the "Hunting By-Law mi the Mathias Colomb Baud Indian Reserve”. 2. hi this by-law, "Band” means the Mathias Colomb Band; 'Council" means the Council, as defined in the Indian Act, of the Mathias Colomb Band; 'fur bearing animal" includes a bear, fox. beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, fy ux, coyote, squirrel and varying hare ; 'game* nwtm: any vertebrate animal or bird, excluding Gsh. amphibians and reptiles, that is wild by nature, and includes deer, moose, elk, caribou nod fur bearing animals; 'gam e officer* means a game officer appointed mulct section 3, mid includes an officer who has been designated by the Council, pursuant to section 4. to administer and enforce this by-law; "hunting” means U»ktngt wounding, killing, chasing, pursuing, wontyLog, capturing, following after or on the trail of, searching for, shooting at, stalking or lying tn wail fur any gome, whether
- 2 -oc hot ihc game is subsequently captured» wounded or killed; "officer" means a police officer» police constable or other person t charged with the duty to préserve and maintain the public peace» and a by-law enforcement officer or any other person appointed by the Council for the purpose of maintaining law and order on the reserve. "rewarve" means toe reserve of the Mathias Colomb Band and-include* the Band's Reserve No. 198 and No. 199. i "enara" means any devine for (he taking of game whereby it k caught kt a noose; "take*’ includes the capturing or the taking into Poisson of game» whether dead or dive; “trap* meat» nuy spring trap, deadfall boa or net used to capture game; "trapping" means taking game by stm t or trap. 3. (1) The Council may* by resolution, appoint one or more game officers to perform such functions m respect of the administration and enforcement o f tok by-law as ate prescribed herein. (2) The Council may» in the resolution, provide for reasonable remuneration to be paid to a game officer appointed tmder subsection (1). 4. The Council may designate any officer to perform such (unctions in respect of the administration and enforcement of this by-law IS |R prescribed herein to be performed by a game officer. 5. (1) No person shah engage in hunting or trapping within the reserve except as permitted by this by-law. (2) Notwithstanding anything in this by-law, a person may. where necessary tor the prevention o f (a) damage to private property, or (b) injury to occupants of occupied land, hunt, take, trap, snare, shoot or kill game at any time if toe incident is repotted, and such game or carcass b surrendered, immediately to the neatest game officer. t
- 3 -6. Subject tn the provisions of this by-law, mrmbcrs of the Bend may engage » hunting and trapping wbhin the reserve *t toy time. t 7. (1) A person who is not a member of the Band may apply to the Council for a penult to hunt or to trap game within the reserve. (2) Tim application shall specify (a) the pktoe for which the permit is sought; (b) the species of game for w hich the permit is sought; } (c) the type of hunting or trapping equipment to be used; and (d) such other information as is requited to enable the Council to address the «ow idovikas set out in the Gubocutkw (3) wad the criteria set out in subsection (4). (3) In determining whether or not a permit Should be issued, die Council shall take into consideration (a) whether or not the applicant is a resident of the reserve; (b) whether or not the applicant has previously held a permit and, if so , has complied with die provisions of the permit and this or any previous by-law with respect to holding and trapping; (c) the extent of the contribution, if any, the applicant makes to the reserve community; (i) the number of permits already Issued for die spedes of game for which the penult is Sought; and (c) whether or not there is &u£Gdcnt game of that spedes in the reserve at the time to meet the needs of Band members and petmil holders without detrimentally affecting die spedes. (4) Where the Council determines that (n) the issue of a permit will not detrimentally affect the species of game In respect of which the penuii is sought; and (b) the applicant is a suitable person to have a permit to hunt or trap on die reserve.
- 4 the Council may issue a written permit luik m ing «he person to hunt or trop on die reserve, Specifying therein die time, place, type of equipment, bag limit, sh 1 e limit and species of game that Buy be bunted a t trapped by the person holding the permit. (5) The fee for a permit is as follows: (follow &« schedule for categories of permit e-g. Manitoba permit). (6) A permit issued pursuant to this section is tmtimmsferabic. 8. A person holding a permit issued under subsection 7(4) shall not bunt or trap within tbc reserve except in oooordnaee with the tenus of the permit issued by die Council. 9. A penult issued under this by-law is invalid (a) If it is not signed by the person to whom it is issued, (b) if the date of expiry has been omitted, removed or defaced. 10. (1) A person hunting or trapping under the authority of a permit issued pursuant to section 7 shall have the permit on his/her person while hunting or trapping within the reserve. (2) A game officer may ftt any lime require any penult holder who is hunting « trapping Within the reserve to produce lns/hcr permit. 11. The Council may, after a notice and hearing, cancel the permit of auy person where it is satisfied (a) that the person has contravened the terms of the permit or of this by-law, or (h) that the continuation of the permit would be detrimental to the preservation or protection of for bearing animals or other game on die reserve. 12. The holder of the permit obtained by any false or misleading statement or information made or given m respect of any infuniwtion required for the issuance of die permit shall be deemed to be the holder of a void penult and die holder may be prosecuted if he/shc were not the holder of « permit. 13. A non Baud member who is under the age of sixteen years may bint and trap without a
- 5 -pexmit if accompanied by and under the supervision of « Band member or a person holding a penult issued uudci m tk n 7. 14. No person while engaged in hunting shall discharge a firearm within one hundred and fifty metres of 0 a residential building, K) a public mod or bridge, or 111) a game preserve or bird or fish saaduey. 15. No person addle engaged hi hunting d u ll discharge a firearm 0 cm or from a public road, ti) across a public toad, or üi) from a vehicle, aircraft or power boat. 16. No person while engaged U* banting in the Reserve shall conceal h is/ her identity or wear a musk or disguise. 17. No person while engaged in hunting or trapping or while going to or returning from a bunting camp, or while in a locality that game usually inhabits or ba which game is usually fourni, shall between one half-hour after sundown and one half-hoxirbeforcsonrise have a tkem a in his / her possession unless it is unloaded and encased. IS. No person while engaged in bunting shall have a loaded firearm hi h is/her pwwwiou while he / die is under thé influence of alcuhol or a drug. 19. Every person is guilty of the offence of hunting carelessly who, being in possession of a firearm for the purpose of such hunting, discharges or causes to be discharged or handles the firearm Without due care and attention or without reasonable consideration fat petSOD or property.
* • yJK// C_ KJ - 6 -20. No pcniuu shall use tnjrpokoa, wvplociv* or deleterious substance for hunting purposes. 21. No person shall use toy device which connects a firearm tu ktMp«rtfcBM(c control or ddayed-toion mechanism» or which causes > firearm to discharge without die homer him self/ herself pcewmg upon die trigger of such firearm* 22. No person shall hunt game at sight by means of or with the assistance of* light. 23. A pen*** who Q folk to observe at who otherwise contravenes any provision of this by-law or «ay ban at i t strict] on imposed hereunder, <«-iO resists at willfully obstructs a game officer in the performance of a*y duty or in the cnxdse of any power under this by-law, commits an offence, 24. Wliére on act or ran nasion in contravention of this by-law or any ban or restriction imposed hereunder continues for more than one day, such act at omission shall be deemed to be separate offence committed on each day during which it continues, and may be punished as such. 25. A person who commits an offence under this by-law is liable on summary conviction to a fine sot exceeding $1,000.00 or to imprisonment for a term not exceeding thirty days, or to both. This By-Iavr k hereby made a duly convened meeting Of the Council of the Malfaiao Colomb Band tins dey o t G p À U 19 f f f f
îïïathias Colomb Créé M o n PU KÂT AW AG AN RQB 1G THIS BY-LAW IS HEREBY enacted at a duly convened meeting o f the Chief and Council o f the Mathias Colomb Créé Nation this 22 day of April 1997. Voting in favor o f the by-law ai e the following members of die C hief and Council: -C hief Counc -Councillo. -Councillo’ --------------Councillor^-* -Councillor being a majority o f these members o f die Chief and Council o f the M athias Colomb Band present at the aforesaid m eeting o f the Chief and Council. The quorum o f the Chjef and Council is (p C hief / Councillor of die Band, do hereby certify that a true copy of die foregoing by-law w as mailed to the Minister o f Indian Affairs and Northern Development pursuant to subsection 82(1) of the Indian Act, this CL f day o f f\f 0 Ü 1997. W itnessPHONE: 1 (204) 553-2083-2090 FAX: 1 (204) 553-2419 , O MANITOBA ? CStaicillor Councillor ■ Councillor Councillor -Councillor members.
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