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Minister of Indian Affairs Ministre des Affaires and Northern Development indiennes et du Nord canadien Ottawa, Canada K1A 0H4 On behalf of the Minister of Indian Affairs and Northern Development, I HEREBY DECLARE the following by-law made by the Council of the Millbrook First Nation, in the Province of Nova Scotia, at a meeting held on August 23, 1999, and forwarded to the Minister of Indian Affairs and Northern Development on August 23, 1999, in accordance with subsection 82(2) of the Indian TO BE IN FORCE: MILLBROOK BAND BUSINESS OPERATIONS BY-LAW NO. 1999.1 A Dated at Hull, Quebec, this 3a j ( day of September, 1999. Canada
A U C - 2 6 - 9 9 1 5 :5 9 F R O M . IN D IA N AND I N U IT AFFAIRS : ■ * * 2699-8 l ' e 8 M BY-LAW NO. 1999.1A O f the Milibrook band A By-law Regulating the Operation of Businesses on Reserve WHEREAS the Council o f the Milibrook Band desires to make a by-law regulating the /. operations o f businesses on reserve; AND WHEREAS the Council o f the Milibrook Band if empowered to make such a by-law pursuant to section 81(1) (b), (c), (d), (f), (g), (h), (m), (n), (q) and (r) o f the Indian Act, AND WHEREAS it is considered necessary for the benefit o f the reserve community o f Milibrook that the operation o f businesses located on reserve by regulated by community standards; - - • NOW THEREFORE the Council o f the Milibrook Band hereby makes the following by-law: 1 Short Title 1 < • t ' : t * 1. This by-law may be cited as the “Milibrook Band Business Operations By-law". Interpretation , 2. In this by-law: “Band” means the Milibrook Band; “Business” means an office, store, restaurants, craft outlet, roadside stand or any establishment offering the sale o f goods or services or practicing any profession owned by way o f sole proprietorship, partnership or incorporated body; “Council” means the Milibrook Band Council as defined in the Indian “Reserve” means all reserve lands administered by the Milibrook Band which includes the Milibrook, Cole Harbour, Beaver Dam and Sheet Harbour reserves; . . . . ■ ' •;. VI “Signs" means any posted notice meant to advertise a Business to the public. Application o f By-law 3. The provisions o f this By-law apply to all lands of the reserves administered by the Band, specifically; I D : z / a ^ • • • I ' r . s- .< 1 > I j 1 l > , > >• * > • ; . . • > • a ; . . . 1 j i i l'- r.:+
A U C - 2 B - 9 S 1 5 * &9 hKUMi I N U 1 M N A N D I N U I T Ahh'AIKb I V t K • ' t I ' ' ‘ r H u t i j / a (a) Millbrook Indian Reserve No. 27 and 27 A, B and C; (b) Co|e Harbour Indian Reserve No. 30; (c) Sheet Harbour Indian Reserve No. 36, Lots one and two; and (d) Beaver Dam Indian Reserve No. 17. Regulations I 4. The Council may, from time to time by By-law, create and amend regulations pursuant to this By-law and attach said regulations hereto forming a part o f this By-law as fully and to all intents and purposes as though recited in full herein. ’ I * 5. The Council may by by-law regulate the following; ’ (a) location o f Signs on Reserve; (b) size and construction o f signs; .i..t .«• (c ) safety concerns for highway traffic affected by Signs, and (d ) licensing and fee for erection and maintenance o f Signs. o ' •• ’ . i.-...* ... ; :t'. Hours o f Operation for Businesses ; 'V/ *: i • • , . 6. Businesses on Reserve may pursuant to this By-law ope^te and be open to the public twenty-four (24) hours a day. ;• i. •, . i. ! . . it ; ; - , :;i .■>*. i ■ i u r. . \ i - U\ »*u *1 • m A »♦ 7. Businesses on reserve may pursuant to< this Byhlaw operate and be open to the public seven (7) days a week, including Sunday. 8. Notwithstanding sections 6 arid 7 above. Businesses on Reserve must honour all holidays statutorily mandated by the Government o f Canada. Enforcement 9. The Council will appoint and authorize a By-law Enforcement Officer to monitor and enforce compliance with this By-law and regulations, t ?,;. 10. The By-law Enforcement Officer will notify a Business, by registered letter, o f any contravention o f this By-law and regulations and any compliance orders necessary to rectify the contravention. , • • t.< 4 n tu .iiu sc i U: >•*' ’ . * ' V t« i .1 - if ] r > • 11. A Business will have ten (10) calendar days to satisfactorily address the compliance order or to appeal the order tp the Council. Upon appeal the Council will set a date to hear .from the Business regarding the alleged contravention and compliance order. r * . . .. , ' vi 'V ... ; • • •■ ! . : . - ti . : i: .. i ! 1. 4 .( J | 4 - •' • ; t 1 % : •
A U G -2 6 -a a 1B«I0I0 hKOM« 1NU1AN ANU 1 NU11 A R A IK S 12. Upon appeal the Council may approve the actions o f the By-law Enforcement Officer, disallow the actions o f the By-law Enforcement Officer or modify the conclusions o f the By-law Enforcement Officer. The Council will make their decision ten (10) calendar days after hearing the presentation o f the Business. Decision o f the Council shall be final. 13. Upon decision o f Council, the Business shall have ten (10) calendar days to comply with the final order o f Council. , 14. In the event that the Business has not complied with the order o f the By-law Enforcement Officer, appealed the order or complied with the decision o f Council within the allotted time, the Council may, pursuant to s. 81 o f the bidian conviction in the Provincial Court o f Nova Scotia pursuant to this By-law and restrain the Business from further non-compliance. 15. Every Business and every person found liable for the actions o f said Business who contravenes the provisions o f this By-law is guilty o f an offence and is liable on summary conviction to a fine not exceeding one thousand ($1,000) dollars or imprisonment for a term not exceeding 30 days or both. THIS BY-LAW IS HEREBY made at a duly convened meeting o f the Council o f the Millbrook Band this J S’ day o f Voting in favour Uowing members o f Council: Councillor O ' Councillor ! . • j I . I , seek a summary offence ■ v . i.u * . , > . 1999. i s Councillor !, .i;1, i-!„i ! '/ U’-' ; . .. k! / ;\i . .. Councillor Councillor Councillor 3
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