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Schedule "A" to Band Council Resolution No . R_F°n}ENCY BY-LAW OF THE WOODLAND CREE FIRST NATION PAGE I WOODLAND CREE FIRST NATION, #474 RESIDENCY BY-LAW WHEREAS the Residency By-law will apply to all present and future Woodland Cree lands, including reserves numbered 226 (Cadotte Lake), 227 (Simon Lake) and 228 (Marten Lake); AND WHEREAS the Woodland Cree First Nation wishes to establish a by-law governing the residency of its Members and other persons on the Reserve; AND WHEREAS the Woodland Cree First Nation considers it necessary for the health and welfare of the Nation to regulate the residency of Members and other persons on the Reserve; AND WHEREAS the Woodland Cree First Nation is empowered to make such a by-law pursuant to Section 81 of the Indian Act, R.S.C.1985, c.I-5; NOW THEREFORE the Council of the Woodland Cree First Nation hereby makes the following by-law: 1.0 TITLE 1.1 This By-Law shall be cited as the Woodland Cree Residency By-Law. 2.0 DEFINITIONS 2.1 In this By-Law: a) "Band" shall mean the Woodland Cree First Nation, #474; b) "Band Council" shall mean the elected Chief and Council of the Woodland Cree First Nation or persons specifically designated by Chief and Council, pursuant to a Band Council resolution, to carry out a specific task; c) "Band Member(s)" shall mean a Band Member pursuant to the terms of the membership code maintained by the Band; <
cNCY BY-LAW OF THE WOODLAND CREE FIRST NATION PAGE 2 d) "Dependent(s)" shall mean: i) a child of a Band Member who is under eighteen (18) years of age and includes a child bom in or out of wedlock, a legally adopted child and a child adopted in accordance with Indian custom; ii) an elderly person who is related to a Band Member, by law or in accordance with Indian custom, and who cannot care for themselves; and iii) a handicapped person who is related to a Band Member, by law or in accordance with Indian custom, and who cannot care for themselves; e) "Elder(s)" shall mean a Band Member who is a Status Indian and who is at least sixty (60) years of age and is recognized in the Band as being committed to the customs, traditions, culture and communal life of the Band; f) "Immediate Family" shall mean spouse, parents or children of a Band Member by law or in accordance with Indian custom; g) "Reserve" shall mean all present and future land set aside as a reserve for the Woodland Cree First Nation and shall include reserves numbered 226 (Cadotte Lake), 227 (Simon Lake) and 228 (Marten Lake); h) "Residency Permit(s)" shall mean a permit issued in accordance with Section 6.0 of the By-Law and similar to that attached to this By-Law as Schedule "A"; i) "Status Indian" shall mean a person who, pursuant to the Indian Act, R.S.C. 1970, c.I-6, as amended, is registered as an Indian at Indian Registry maintained by the Department of Indian Affairs and Northern Development;
ENCY BY-LAW OF THE WOODLAND CREE FIRST NATION PAGE 3 j) "Spouse" shall mean a person who is married, by law or in accordance with Indian custom, who live together as man and wife, and who lives with a Band Member; and k) "Visitor" shall mean a person who is on the Reserve for a specific purpose and for a specific period of time, not to exceed thirty (30) consecutive days and who is not intending to reside on the Reserve permanently. 3.0 INTERPRETATION 3.1 This By-Law shall be interpreted and applied in accordance with the values, customs and traditions of the Band. 3.2 This By-Law shall not be applied or interpreted in any manner such that it jeopardizes or denies any of the treaty or aboriginal rights of the Band or Band Members. 3.3 In the event that a section of this By-Law is declared in-operative that section shall be severed and the remaining sections shall be in full force and effect. 4.0 ENTITLEMENT 4.1 Every Band Member is entitled to reside on the Reserve. 4.2 Every person who is authorized to reside on the Reserve pursuant to Section 18.1 (children of Band Members), or Subsection 28(2) (Issuance of Permits on Reserve), of the Indian Act, is entitled to reside on the Reserve. 4.3 Every person who is authorized to reside on the Reserve pursuant to a valid rental agreement with the Band is entitled to reside on the Reserve. 4.4 Every Spouse is entitled to reside on the Reserve. 4.5 Every Dependent is entitled to reside on the Reserve with their parent or guardian who is a Band Member. Band Council can require the Dependent to apply for a Residency Permit if the Dependent:
.'ENCY BY-LAW OF THE WOODLAND CREE FIRST NATION PAGE 4 a) has failed to maintain law and order on the Reserve; b) has disrupted the harmony and peace of the Band or the Reserve; or c) is placing an undue burden on the Band or the Reserve. 4.6 A Visitor is not entitled to reside on the Reserve if: a) they have disrupted the harmony and peace of the community or have failed to maintain law and order; b) they have failed to uphold the traditions and customs and laws of the Band; or c) any other reason considered relevant by Band Council. 5.0 RESIDENCY PERMIT 5.1 Every person who is not entitled to reside on the Reserve pursuant to Section 4.0, or who is not a Visitor, must obtain a Residency Permit before they are allowed to reside on the Reserve. 5.2 Any person is entitled to apply for a Residency Permit pursuant to the application procedures set out in Section 6.0. 6.0 APPLICATION PROCEDURE 6.1 Any person may apply for a Residency Permit by filling out an application available at the Band office. Applications shall be submitted to Band Council for their review, assessment and consent. 6.2 An application for a Residency Permit received by Band Council shall be posted at the Band office. Any Band Member shall have reasonable access to review an application during the normal operating hours of the Band office. 6.3 Within thirty (30) days of receiving a properly completed application, Band Council shall notify the applicant, in writing, on whether their application for a Residency
F ENCY BY-LAW OF THE WOODLAND CREE FIRST NATION PAGE 5 Permit has been granted. If the location of the applicant is not known and cannot be reasonably determined by Band Council then the notice shall be posted at the Band office. In making their decision Band Council may hear from any interested party through representations in writing, verbally or through legal counsel. All representations made at a hearing shall be recorded in written or oral form. If the application is rejected, written reasons for the rejection must be provided by Band Council. 6.4 The following factors shall be considered by Band Council in making their decision: a) the specific residence where the applicant intends to reside on the Reserve; b) whether the Band Member occupying the residence, if any, agrees to the granting of the Residency Permit and acknowledges that the applicant will be residing with them; c) whether the applicant is married, either by law or in accordance with Indian custom; d) whether the applicant has any Dependents; e) the length of time the applicant had previously resided on the Reserve; f) whether there is adequate housing to accommodate the applicant; g) that the applicant is of good character; h) that the applicant will uphold the traditions, customs and laws of the Band; i) that the applicant will maintain law and order and will not disrupt the harmony and peace of the Reserve or the Band; j) that allowing the applicant to reside on the Reserve will be in the best interests of the Band;
1 iNCY BY-LAW OF THE WOODLAND CREE FIRST NATION PAGE 6 k) that the applicant will uphold any terms and conditions placed upon the Residency Permit; l) that the applicant is or will become employed on the Reserve; and m) any other factors considered relevant by Band Council. 7.0 REAPPLICATION 7.1 Where an application made pursuant to Section 6.0 is refused, the applicant cannot make any further applications for a period of one (1) year from the date the application was refused pursuant to Section 6.0 or the date the appeal was denied pursuant to Section 11.0, whichever date is later. 8.0 CONDITIONS PLACED ON RESIDENCY PERMIT 8.1 A Residency Permit may be subject to any of the following conditions: a) a description of the specific residence to which the Residency Permit applies; b) consent of the Band Member occupying or owning the residence; c) continuous employment of the applicant while they reside on the Reserve; d) the payment of rent; e) prohibition of the use or possession of alcoholic beverages, illegal drugs or other prohibited substances at or near the residence; f) that a conviction for an offence under any statute, regulation or by-law of the Band, Canada or Alberta by the applicant can terminate the Residency Permit; g) the Residency Permit shall state the date upon which it takes effect and the period of time for which the Residency Permit is effective; and h) any other conditions considered relevant by Band Council.
} ENCY BY-LAW OF THE WOODLAND CREE FIRST NATION PAGE 7 8.2 An application submitted under this By-Law shall include a fee of $50.00 payable to the Band to help pay for administrative costs in carrying out this By-Law. 8.3 Notwithstanding Section 8.2 an employee of the Band who resides on the Reserve pursuant to a valid rental agreement does not have to pay the $50.00 application fee. 9.0 RESIDENCY LIST 9.1 Band Council shall appoint a person to be responsible for the administration of applications and maintenance of records relating to Residency Permits. 9.2 Band Council shall maintain a residency list which shall record the following information for each person granted a Residency Permit: a) the person’s name and date of issuance of the Residency Permit; b) a list of any conditions governing the person’s residency on the Reserve; c) an indication as to whether the person is resident for an indefinite or defined period of time; d) the location of the house where the person will be residing; and e) any other information deemed relevant by Band Council. 10.0 CANCELLATION 10.1 Band Council may cancel a Residency Permit for any of the following reasons: a) the holder of the Residency Permit has been convicted of an indictable offence which occurred on the Reserve involving the property or person of a Band Member or another resident; b) the holder of the Residency Permit has been convicted of a lesser offence, including a breach of a by-law of the Band, which occurred on the Reserve against the property or person of a Band Member or another resident;
3NCY BY-LAW OF THE WOODLAND CREE FIRST NATION PAGE 8 c) the holder of the Residency Permit is in breach of a condition of the Residency Permit; d) the holder of the Residency Permit has provided false information on then- application; e) the holder of the Residency Permit is no longer of good character; f) the holder of the Residency Permit is no longer residing in the specific residence indicated on their application; g) there is no longer adequate housing to accommodate the holder of the Residency Permit; h) the holder of the Residency Permit has failed to uphold the traditions, customs and laws of the Band; i) the holder of the Residency Permit has failed to maintain law and order or has disrupted the harmony and peace of the Band or the community; j) the issuance of the Residency Permit is no longer in the best interests of the Band; or k) any other reason considered relevant by Band Council. 10.2 Band Council, as an alternative to cancelling a Residency Permit, may impose conditions upon the holder of the Residency Permit which must be complied with, within a specific period of time. If these conditions are not met within the prescribed time period, Band Council may cancel the Residency Permit. 10.3 Notice in writing of Band Council’s intention to cancel the Residency Permits must be personally delivered to the holder of the Residency Permit. If the location of the holder of the Residency Permit is not known and cannot be reasonably determined by Band Council then the notice shall be posted at the Band office.
ENCY BY-LAW OF THE WOODLAND CREE FIRST NATION PAGE 9 10.4 Before a Residency Permit is cancelled or conditions placed upon it the holder of the Residency Permit is entitled to a hearing before Band Council. The holder of the Residency Permit must apply for a hearing in writing to Band Council within seven (7) days of notice having been given as set out in Section 10.3. 10.5 Band Council may request written representations from all affected parties by posting a notice at the Band office. 10.6 At a hearing Band Council may review representations requested pursuant to Section 10.5 and ask for further representations in writing or verbally from any affected party. The hearing shall be heard within sixty (60) days of receipt of the notice referred to in Section 10.4. At least seven (7) days notice of the date, time and place of the hearing shall be given to the holder of the Residency Permit. A decision by Band Council must be given within thirty (30) days of the hearing date. The holder of the Residency Permit may waive the right to a hearing by providing written notice to Band Council or by failing to apply for a hearing pursuant to Section 10.4. 10.7 The decision at the hearing pursuant to Section 10.6 may be appealed by the holder of the Residency Permit or any affected party pursuant to the appeal procedure set out in Section 11.0. 10.8 If allowing the holder of a Residency Permit, or any other person residing on the Reserve, to remain on the Reserve, pending a hearing or appeal, is not in the best interests of the Band or its Members then that person may be instructed by Band Council to leave the Reserve immediately pending the outcome of the hearing or appeal. 11.0 APPEAL PROCESS 11.1 Any person who has a right to an appeal under this By-Law may appeal to an appeal panel made up of Elders and Band Members who are Status Indians. Notice in writing of an appeal must be delivered to Band Council at the Band office within fourteen (14) days after notice has been delivered to the person of a decision made pursuant to the terms of this By-Law.
ENCY BY-LAW OF THE WOODLAND CREE FIRST NATION PAGE 10 11.2 The panel shall consist of three (3) Elders and two (2) Band Members who are Status Indians, the "Appeal Panel". Each member of the Appeal Panel must reside on the Reserve. The Appeal Panel shall be appointed by Band Council within ninety (90) days of the acceptance of this By-Law by the Minister of Indian Affairs and Northern Development. At least one Member of the Appeal Panel shall be appointed from each of the three Reserve communities; (Cadotte Lake, Simon Lake and Marten Lake). Any decision of the Appeal Panel requires a quorum of at least three (3) people. All Appeal Panel members are appointed for a two (2) year term. 11.3 A member of the Appeal Panel shall: a) not be a member of Band Council; b) not sit on an appeal where the applicant or an affected party is part of their Immediate Family; or c) not sit on an appeal where they may personally benefit from the outcome of the appeal. 11.4 For each appeal the Appeal Panel shall hold a hearing for which at least seven (7) days written notice of the date, time and place of the hearing is given to the applicant. 11.5 Every appeal shall be heard within sixty (60) days of Band Council receiving the notice of appeal referred to in Section 11.1. 11.6 At the appeal hearing, the applicant and any affected parties may make representations in writing, verbally or through legal counsel to the Appeal Panel. The hearing shall be open to the public except when matters of personal and confidential nature will be heard. 11.7 Decisions of the Appeal Panel shall be in writing, within thirty (30) days of the appeal, and mailed or delivered to the applicant. If the location of the applicant is not known and cannot reasonably be determined by Band Council then the notice may be
lENCY BY-LAW OF THE WOODLAND CREE FIRST NATION PAGE 11 posted in the Band office. The decision of the Appeal Panel shall be binding upon all parties and not subject to any court or other body including Band Council. 12.0 ACCEPTANCE 12.1 The acceptance of this By-Law shall be as follows: a) Band Council must unanimously agree to accept the By-Law and a Band Council resolution shall be passed recording the acceptance; b) Band Council shall post a notice of a general meeting of the Band in a conspicuous place on the Reserve at least seven (7) days prior to the date of the general meeting. The notice shall state that the purpose of the meeting is to consider and vote upon the acceptance of this By-Law, and the date, time and place of this meeting; c) only Band Members who are Status Indians, can vote at the general meeting called pursuant to Subsection 12.1(b) ("Eligible Voters"); d) there must be at least seventy-five (75) Eligible Voters present at the first meeting to constitute a quorum. If a quorum is reached and the majority of Eligible Voters vote to accept this By-Law, then the By-Law shall be forwarded to the Minister of Indian Affairs and Northern Development for ratification; e) where a majority of Eligible Voters did not vote at the first meeting called pursuant to Subsection 12.1(d), Band Council may, if this By-Law was assented to by a majority of the Eligible Voters who did vote, call another meeting by giving seven (7) days notice. The notice, posted in a conspicuous place on the Reserve, shall state the purpose of the meeting is to consider and vote on the acceptance of this By-Law, and the date, time and place of the meeting; and f) where a second meeting is called pursuant to Subsection 12.1(e), and the By- Law is assented to at the meeting by a majority of Eligible Voters, then the
t ENCY BY-LAW OF THE WOODLAND CREE FIRST NATION PAGE 12 By-Law shall be deemed to have been accepted and the By-Law shall be forwarded to Indian Affairs and Northern Development for ratification. 12.2 Upon the coming into force of this By-Law, it shall apply to all Band Members whether or not they hold a Certificate of Possession or a Certificate of Customary Land Holding. 13.0 AMENDMENTS 13.1 Amendments to this By-Law shall be approved as follows: a) Band Council must unanimously agree to amend the By-Law and a Band Council resolution shall be passed recording the amendments; b) Band Council shall post a notice of a general meeting of the Band in a conspicuous place on the Reserve at least seven (7) days prior to the date of the general meeting. The notice shall state that the purpose of the meeting is to consider and vote upon amendments to this By-Law, and the date, time and place of the meeting; c) only Eligible Voters may vote at the general meeting called pursuant to Subsection 13.1(b); d) there must be at least seventy-five (75) Eligible Voters present at the first meeting to constitute a quorum. If a quorum is reached and the majority of Eligible Voters vote to approve the amendments, the amendments shall be forwarded to the Minister of Indian and Northern Affairs for ratification; e) where a majority of Eligible Voters did not vote at the first meeting called pursuant to Subsection 12.1(d), Band Council may, if this By-Law was assented to by a majority of the Eligible Voters who did vote, call another meeting by giving seven (7) days notice. The notice, posted in a conspicuous place on the Reserve, shall state the puipose of the meeting is to consider and vote on the acceptance of this By-Law, and the date, time and- place of the meeting; and
ENCY BY-LAW OF THE WOODLAND CREE FIRST NATION PAGE 13 f) where a second meeting is called pursuant to Subsection 13.1(e), and the By- Law is assented to at the meeting by a majority of Eligible Voters, then the By-Law shall be deemed to have been accepted and the By-Law shall be forwarded to Indian Affairs and Northern Development for ratification. 14.0 OFFENCE 14.1 Any Band Member residing on the Reserve or any person holding a Residency Permit, who assists or allows a person to reside on the Reserve in breach of this By-Law, commits an office. 14.2 Any person who fails or refuses to comply with an order from Band Council to vacate the Reserve commits an offence. 14.3 Any person who assists or allows a person to reside on the Reserve after that person has been ordered to vacate the Reserve commits an offence. 14.4 Any person who interferes or obstructs Band Council in the administration or enforcement of this By-Law commits an offence. 14.5 Where an act or omission in contravention of this By-Law continues for more than one (1) day such act or omission shall be deemed to be a separate offence committed on each day during which it continues and may be punished as such. 15.0 PENALTY 15.1 Any person who commits an offence under this By-Law may have Band programs or services withheld or suspended from them until they comply with the terms of this By- Law. 15.2 A Bend Member who commits an offence under this By-Law may be required to perform volunteer community service on the Reserve or to obtain counselling or guidance from persons designated by Band Council. 15.3 Any person who is not entitled to reside on the Reserve shall, in addition to any other penalties that may be prescribed under this By-Law, be removed from the Reserve.
IENCY BY-LAW OF THE WOODLAND CREE FIRST NATION PAGE 14 15.4 Any person who commits an offence under this By-Law is liable on a summary conviction to a fine not exceeding One Thousand ($1,000.00) Dollars or to imprisonment not exceeding thirty (30) days, or to both. TELLS BY-LAW IS HEREBY made at a duly convened meeting of the Council of the Woodland Cree First Nation on 2-/J , 19 4"/. Voting in favour of the By-Law are the following members of the Band Council: '''th ie f John W. Cardinal ---------— Councillor Kathleen Laboucan — - ~ A —__________ ________ Councillor Joseph Cardinal ~ Councillor Joe Wldtehead, Jr. being the majority of those members of the Council of the Woodland Cree First Nation present at the aforesaid meeting of the Council. The quorum of the Council is 3 members. Number of members of the Council present at the meeting: 5 I, C c n d b J ___ __, Chief/Councillor of the Band, do hereby certify that a true copy of the foregoing by-law was mailed to the Minister of Indian Affairs and Northern Development at the Btstrict/Regional/Huii Office (as the case may be) pursuant to subsection 82(1) of the Indian Act, this ~Jci (h 3 -4 19 # 7 . WITNESS CHIEF/COUNCILLOR WARD J. MALLABONE BARRISTER & SOLICITOR J-C:\LAWYERSUWM\WORK\WCB.FNL
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