Contenu de la décision
3 / / tOy JO - C’ 4-Z/6 ~ â " M ATHIAS COLOM B CREE NATION ^ - e - 4 J / Z - 4 - 3 ' / COUNCIL RESOLUTION •LÜ U) , $ TH E COUNCIL O F THE MATHIAS COLOM B CREE NATION PLACE: PUKATAWAGAN, MANITOBA DATE: _\r-> tre r A4 3 r ) 1999 W HEREAS the Council o f the Mathias Colomb Créé Nation is empowered to act for and on behalf o f the people o f the Mathias Colomb Créé Nation; AND W HEREAS the Council o f the Mathias Colomb Créé Nation met in quorum at a duly convened meeting on the Day o f V-o A4 . 1999; AND W HEREAS the Mathias Colomb Créé Nation has since time immemorial exercised the right to govern its own affairs; AND W HEREAS the Mathias Colomb Créé Nation’s aboriginal and treaty rights, in particular the right to self-determination, are recognized, affirmed and protected under Treaty and the Constitution of Canada; AND W HEREAS the Council o f the Mathias Colomb Créé Nation desires to establish a by-law regulating the conduct and activities o f hawkers, peddlers and others who enter the reserve to buy, sell or otherwise deal in wares or merchandise; AND W HEREAS the Mathias Colomb Créé Nation is empowered to make such by-law by its inherent right to self-government as exercised since time immemorial; AND W HEREAS the Council o f the Mathias Colomb Créé Nation is further entitled to make such by-law and any matter ancillary thereto pursuant to paragraphs 81(1 )(n) and (r) o f the Indian Act; AND W HEREAS the Council o f the Mathias Colomb Créé Nation desires to give such by-law retroactive effect such that it will be effective for the period January 1,1993 to April 21,1997, inclusive; NOW TH EREFO RE TH E COUNCIL O F TH E MATHIAS COLOM B CREE NATION RESOLVES AS FOLLOW S: 1. That By-law No. 8a, which may be cited as “A By-law Respecting the regulation o f the conduct and activities o f hawkers, peddlers or others who enter the reserve to buy, sell or otherwise deal in wares and merchandise" be passed by the Council. B t̂ T 0 W d 9 T
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2. That the By-law be effective for the period January 1,1993 to April 21,1997, inclusive. Quorum: *7 Councillor Councillor
3 H~<ots 10,/0-c By-law No. 8a - £- ^ o f the Mathias Colomb Band A By-law for the regulation o f the conduct and activities o f hawkers, peddlers or others who enter the reserve to buy, sell or otherwise deal in wares or merchandise. WHEREAS the Council o f the Mathias Colomb Band, also known as the Mathias Colomb Créé Nation desires to establish a by-law to provide for the regulation o f the conduct and activities o f hawkers, peddlers or others who enter the reserve to buy, sell or otherwise deal in wares or merchandise; AND WHEREAS the Mathias Colomb Créé Nation is empowered to make such by-law by its inherent right to self-government as exercised since time immemorial; AND WHEREAS the Council o f the Mathias Colomb Band, also known as the Mathias Colomb Créé Nation is also entitled to make such by-laws, and any matter ancillary thereto pursuant to paragraphs 81(l)(n), and (r) o f the Indian Act; AND WHEREAS it is deemed to be expedient and necessary, for the benefit, comfort and safety of the inhabitants o f the Mathias Colomb Indian Reserve, to provide for the regulation o f the conduct and activities o f hawkers, peddlers or others who enter the reserve to buy, sell or otherwise deal in wares or merchandise; NOW THEREFORE the Council o f the Mathias Colomb Band, also known as the Mathias Colomb Créé Nation hereby makes the following by-law: 1. This by-law may be cited as "A By-law Respecting the regulation o f the conduct and activities of hawkers, peddlers or others who enter the reserve to buy, sell or otherwise deal in wares or merchandise; 2. In this by-law "Band" means the Mathias Colomb Band; "Council" means the Council o f the Mathias Colomb Band as defined in the Indian Act; "Minister" means the Minister o f Indian Affairs and Northern Development; "Officer" means any police officer, police constable or other person charged with the duty to preserve and maintain the public peace, and any person appointed by the Council for the purpose o f maintaining law and order on the reserve; "reserve" means the reserve o f the Mathias Colomb Band and includes the Mathias Colomb Band Reserves No. 198 and No. 199; F:\Tax\UW\FILES\Dkb\124134\Bylaw.8a.wpd
2 "peddling" means to travel about selling goods; "merchandise" means goods that may be bought or sold in commerce; commodities. 3. (1) A person, other than a person referred to in subsection (2), who conducts on the reserve any o f the following activities, namely: (a) hawking or peddling of wares or merchandise; or (b) to buy, sell or otherwise deal in wears or merchandise shall be deemed to be frequenting the reserve for a prohibited purpose. (2) Subsection (a) does not apply to (a) a person who is a lawful resident o f the reserve; or (b) a person who, under a by-law o f the Council, holds a valid licence to conduct any activity referred to therein or is otherwise permitted to conduct that activity. 4. (1) An officer may order any person who does not hold a valid licence to conduct any regulated activity or who is not a lawful resident o f the reserve to leave the reserve immediately. (2) Where a person who has been ordered to leave the reserve fails or refuses to do so, an officer may take such reasonable measures as may be necessary to remove the person from the reserve. (3) No person shall fail or refuse to comply with an order made under subsection (a) to leave the reserve or interfere with an officer acting under subsection (2). 5. A person who violates any provision o f this by-law commits an offence and is liable on summary conviction to fine not exceeding $1,000.00 or to imprisonment for a term not exceeding thirty days, or to both. F:\Tax\UW\FILES\Dkb\124 1 34\Bylaw.8a.WPD
6. This by-law shall have effect for the period January 1,1993 to April 21,1997, inclusive. THIS BY-LAW IS HEREBY enacted at a duly convened meeting o f the C hief and Council o f the Mathias Colomb Créé Nation this 3 ^ - day o f V ' i c,.vv_ _ _ _ _ _ _ , 1999. Voting in favour o f the by-law are the following members o f the Chief and Council: Councillor Councillor being a majority o f these members o f the Chief and Council o f the Mathias Colomb Band present at the aforesaid meeting o f the Chief and Council. The quorum o f the Chief and Council i s . members. I,. C v Jphief/Councillor o f the Band, do hereby certify that a true copy o f the foregoing by-law was mailed to the Minister o f Indian Affairs and Northern Development \ _______• Witn<ÎSS F:\Tax\UW\FILES\Dkb\1 241 34\Bylaw.8a.wpd
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