Partie II - Lois des Premières nations promulguées

Informations sur la décision

Contenu de la décision

uian ana Norihern Affaires indiennes Affairs Canada el du Nord Canada BAND COUNCIL RESOLUTION RESOLUTION DE CONSEIL DE BANDE NOTE: The words Irom our Band Funds" "capital" or "revenue", whichever is the esse, musl appear in all resolulions requesting expendilures Irom Band Funds. NOTA' Les mots "das lends de noire bande" "capilal" ou "revenu" seion le cas doivent parailre dans loulas les resolutions porianl sur des dSpenses a mfima las londs das bandus lhe PETER BALLANTYNE CREE NATION uheconsUenii d e f D-J M V-A Province Dale of duly convened meeting k Dale-de Tassemblee dument convoquee f a / ) yu r > / r DO HEREBY RESOLVE: DECIDE, PAR LES PRESENTES: Bv-law No. 2006-01 Bv-law Respecting a Curfew for Youth WHEREAS paragraphs 81(1) (c),(d), (q) and (r) of the Indian Act, R.S.C., ch 1-5, empowers the Council of a Band to make by-laws for the observance of law and order, the prevention of disorderly conduct, matters ancillary thereto, and a penalty for the violation thereof; AND WHEREAS the Council of the Peter Ballantyne Cree Nation is of the opinion that children and adolescents should not remain unattended and without adult supervision in public places during the evenings, for the welfare and safety of the youth and also for the Reserve community; THEREFORE, The Council of the Peter Ballantyne Cree Nation enacts this by-law as follows: Short Title 1. This by-law may be cited as the Curfew By-law.” Interpretation 2. In this by-law adolescent means any person who is 12 to 16 years of age; child means any person under the age of 12 years; community social event means a wedding, winter carnival, sports event, religious celebration, or other social event recognized as such by the Council of the Peter Ballantyne Cree Nation; parent means a father, mother, tutor, guardian or person having the custody or care, in law or in fact, of a child or adolescent; peace officer means peace officer as defined in the Criminal Code of Canada bylaw enforcement officer means a person appointed by Band Council Resolution to enforce the Curfew By-law. prohibited hours means that period of time between the hour of eleven oclock in the evening of one day and the hour of six oclock in the morning of the following day during the calendar months of June, July, August and September of each year; and between the hour of nine oclock in the evening of one day and the hour of six oclock in the morning of the following day during the remaining calendar months of each year; reserve means the Peter Ballantyne Cree Nation Indian Reserve No. 200,200A, and 209. (Contd) ^ __ . Q u o r u m 8 .......... I A*CouJTCjll onseillar) / f (Councillor - C / / (Councillor - c6fiseil!er> (CouncVfir - Conseiller) (Councillor - FOR DEPARTM ENTAL USE ONLY - RESERVE AU MINISTERE Expenditure - Oepenses Authority (Indian Act Section Source of lunds Autoriie (Article de la Loi sur Source des londs les Indiens) O p** O r Recommending ollicer - Recommande par Signalure Dale Approving ollicer - ApprouvG par Signature Date B0-5 (12-59) 753-0-21-036-8532 Printed an recycled psper Impriml sur papier re-cycl* Chronological no. - N s consScuiil aoofo - l_g .3 a . Fils reference no. - N° de rSIdrBnce du dossier Cash Iree balance - S o ld e d ispon ib le Capital account Compte capital ^ , Revenue account SASK. Compte revenu s 3 cK r o c n 1 ^ C h e l J ^ ^ ' / T ^ ------o n / b i J I e r ] ' (Councillor - Consaillai) / / - » / / ^ M e ) * W/ J 6 (Councillor ■̂ '‘d m F eilie r) Conseiller) ( (Councillor -- Conseillsr) J Expenditure - Depenses Authority (Indian Act Section Souice Dl lum ls Aulariie (Article de la Loi sur Source des lonas les Indiens) O p - 0 : : , r Recommending ollicer - Recommande par Signature Dale Approving ollicer - Approuvd par Signaluire Dale / O 1 B*E i
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1 T I , :\rr" ,,VJ >em Aiiaires indiennes Affairs Canada el du Nord Canada Chronological no. - N a consaculil File reference no. - N° de nilSrence du dossier BAND COUNCIL RESOLUTION RESOLUTION DE CONSEIL DE BANDE NOTE: The words^ -Irom our Band Funds'* "capital" or "revenue", whichever is the case, must appear In all resolulions requesting expenditures Irom Band Funds. NOTA- Lss mots "das londs d9 noire bande" "capilal'' ou "ravenu" salon le cas doivenl parailra dans loules las resolutions portant sur das dfipenses a mfima las londs das bandus The council of the Le conseil de PETER BALLANTYNE CREE NATION Capilal account Comple capilal Dale of duly convened meeling D-J Y-A Province Dale' de 1'assemblee dumenl convoquee SASK. Revenue account Compte revenu DO HEREBY RESOLVE: DECIDE, PAR LES PRESENTES: Prohibition 3. (1) No parent shall permit their child to be in any public place during the prohibited hours unless such child: a) Is accompanied by a parent or person who is 18 years of age or over and has the authorization of that childs parent; b) Is accompanied by a person who is 18 years of age or over, with the authorization of that childs parent; c) Is attending or is directly returning home from a community social event; or, d) Is authorized by resolution of Council. 3. (2) No adolescent shall be in any public place during the prohibited hours unless such adolescent: a) Is accompanied by a parent b) Is accompanied by a person who is 18 years of age or over, with the authorization of that adolescents parent; c) Is attending or is directly returning home from a community social event; or, d) Is authorized by resolution of Council. Powers of the Peace Officer and the By-law Enforcement Officer 4. (1) A peace officer or By-law enforcement officer who finds a child who, is or, in the absence of evidence to the contrary, appears to be under the age of 12, in a public place during the prohibited hours, unless in accordance with section 3, may give the child a warning and immediately escort such person home. (2) A peace officer or By-law enforcement officer who finds an adolescent who, is or, in the absence of evidence to the contrary, appears to be under the age of 12 to 16, in a public place during the prohibited hours, contrary to section 3, may give the adolescent a warning and immediately escort such person home. (3) A peace officer or By-law enforcement officer shall notify the parent(s) that the child or adolescent was found in a public place during the prohibited hours, contrary to section 3, and was immediately escorted home. Meeting with Parents 5. (1) If a child or adolescent disregards the peace officers or By-law enforcement officer s warning or is found by a peace officer to be disobeying this by-law a second time within a period of thirty(30) days, the child or adolescent and the parent(s) of such child or adolescent may be directed, by resolution of the Council, to meet and discuss such by-law infraction with the Council or anyone appointed by the Council through Band Council Resolution for that purpose. (2) A copy of the resolution of the Council referred to in subsection 5(1) shall be sent by first class mail or delivered by hand to the childs or adolescents parents not less than seven(7) full days prior to the proposed meeting. Penalty 6. (1) After meeting with the Band Council or any other person appointed by the Band Council, a parent who permits a child under the age of 12 to be in any public place during the prohibited hours, contrary to section 3, commits an offence. (2) After meeting with the Band Council or any other person appointed by the Band Council, an adolescent who is found to be in any public place during the prohibited hours, contrary to section 3, commits an offence. (3) Every person who contravenes any of the provisions of this by-law is guilty of an offence and is liable on summary conviction to a fine in an amount not to exceed $1000.00 or to imprisonment for a term which does not exceed 30 days, or to both a fine and imprisonment with the fine in an amount not to exceed $1000.00 and the imprisonment for a term which does not exceed 30 days. Quorum FOR DEPARTM ENTAL USE ONLY - RESERVE AU MIN1STERE Expenditure - Depsnses Authority (Indian Act Section Source of funds Expenditure - D6penses Authority (Indian Act Seciion S o u r c e ol ( u n i t s Autoriie (Article de la Loi sur Source des londs Autoriie (Article de la Loi sur S o u rc e d a s lo n d s les Indiens) les Indiens) O p Recommending officer - Recommande par Recommending officer - Recommande par Signature Date Signature D a te Approving ollicar - Approuv§ par Approving ollicBr - Approuvd par Signature Dele Signature DvJit' 8 0-5 (1 2 -5 9 ) 7 5 2 0 -2 1 *0 3 -5 -8 5 5 2 P r im e d o n r e c y c le d p e p t ; r * /mpn'md s u r p a p i e r r e c y c le s o - r - \ r - i , - i
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