Contenu de la décision
- X * * - SKP 5.0 197h S o £ /? '•/.- SZ O 3-7 S £~P I 7 PiOyu I! 5 b!:J W;io: \ ‘ 3 3 it is beared necessary to 'provj.de for the cental and physical hnlLth of residents on the NicKre Reserve, for the pre vention of disorderly conduct and nuisance, and the observance of lev and order that the use, distribution and sale of toxic solvents on the Reserve, by subject to regulation, AUTHORITY Enacted pursuant to Clauses (a), (c), (d), (q), and (r) of Section SI of the Indian Act, R* S, Cv 1970 C* 1, 6 APPLICATION 1*. Tillo By-iav; applies to all persons or the Reserve, nbFTNITI'ffB 2* T;legit:irnibe pnrpose * • means a. purpose for which a substance is cxcclimrily intern ed to be applied * * 'possession’j means possession as defined in the Criminal Code, ;?]j.escryoi_ means the Ilicinac Reserve at Shiiberaoadie. Hants County, Nova Scotia* ^Itorlo,solvento1 ? include all subatames listed in Sohr-dule A«, traffic; means to coll.give, transport or deliver otherwise . than under -authority of this by~lru j «► (a) No person shall, 1 have in his possession a toxic solvent except as herein provided * 0>) Nr person shal1 traffic in toxic solvents or ary subvrtan.ee reprevented or held or t by him to bo a toxic solvent except n heroin provided. (e) Every peesor -̂Tho violates subsections (a) or (b) in guilty of an offmoo and is liable on evrnary conviction to a penally not loss than ten read not more than fifty dollars on imprisonment for a tow net exceeding thirty boron or both "‘dvr and irn.pr;l sovment,
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(a) An.v pa ' t ‘ "i'm; c- ' 1. i, ; the j v . c . . j - ' v l . •. ‘ ; v.-‘. v-i . }//,:.4-:...’. . . ̂ i.»?1 f f •*.*> i.>fct. > i i ciL'Ty. the xxso of to:-:?. solwnhr, by kirn or; the Reserve, (i:>) Upon an Application v.nder subsection (a), the Brand Man ager u2at.il, it' he in satisfied that such possession and u.se are Bon a legitimate purpose, issue to that person a p:rrit in writing and or; such terns : r.d conditions as he deems r>oc~ 03 £.01';,' r SKilffIRK-5, (a) ’there a person is found in possession of a toxic solvent witixnit a permit issued pursuant to subsection 4(a), a peace officer or any member of the Band Council shall sei.ue such and deliver it forthwith to the Band Manager who shall hold such substance for a period of foxxrteen days. (b) Where the person found in possession of a toxic solvent without a permit is or appears to be under the age of seven teen, the peace officer or Band Council member shall deliver such child to hi3 or her family home. BROGlPUjiS FOR PJJCOVERY 6. (a) Any person aggrieved- by a seizure made pursuant to sub section :j (a) ray, within fourteen days from such ssiKuro, npp-ly in person at the office of the Band Manager for rest- itxxtion of such property. (b) Upon an application ur.d. c subsection 6 (a), the Brad Manager shall, if he is satisfied that such possession is for a le.gitir.ixte purpose, an’ upon payment of a penalty fee of three dollars issue a permit to each person in writing and return the seised property. (c) ’..here no applin vtion has bean made for the return of any substance seised veri-v micseetlon. 6(a) within a period of ferula a a days frem such seizure; or vs sere an application had beer made but he a been rafxised, such goods are forfeited and levy be disposed of as the Band liar-agar re as .fit. , IS urA y nmol lies to lard Con..xcil from are decision sridc- under footin',; 6.
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o„ Jirryb authorised under this by-lav/, everyone who, boiry in possession of a dwelling house, allows., suffers, condoms or con.ai.vo3 at the vise of or possession of toxic solvent:: in or around such dwelling house is guilty ox an offence and. is liable on sn-rmary conviction, to a penalty not lens than fifty and not more than one hundred dollars or impricement for a term not exceeding thirty clays or both fine and imprisonment. 9<- Everyone v;ho obtains a permit through ndUirepresentabion is guilty of an offence and is liable on summary conviction to a penalty not less than fifty and not .more than one hundred dollars or 5nprisonment for a term not exceeding thirty days, or both fine and imprisonment. RTinULftflONS 10. Tiie hard .Council nay make regulations (a) proscribing the form, duration, and terns and conditions of any permit issued pursuant to this by-lav; and providing for the cancellation and suspension of such permits. (b) authorising blue sale, possession, or other dealing in toxic solvents arid prescribing the circumstances and con ditions under v/hich, and the parsons by idiom toxic sol vents may bo sold, had in possession or otherwise dealt in. (c) gor.erc.X3y, for earring out the purpose of this By-I-aw. 11, The land Council may from time to time amend this fcheduls by adding; -hereto or deleting therefrom ary substance, the .inclus ion or exclusion of which us the case may be, is deemed k c ess— pug by it i.n the interest of the lie servo community.
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