Contenu de la décision
V h '̂ i ! h *4 P : ...... v'* J ? MAï 2 r» 4 r\ -1 u î:;c; J STURGEON LAKE BAND OP INDIANS A i-8D 'TA srr By-Law Number 7: 1989 RECQWÿS , Being a By-Law Respecting Law and Order, and the Preservation of Fur Bearing Animals and Other Game WHEREAS sections 81(1)(c), (o), and (r) of the Indian Act, R.S.C., 1985, c. 1-5, as amended from time to time (hereinafter referred to as the "Indian Act") empower the Council of an Indian Band to enact by-laws respecting the observance of law and order, and the preservation, protection, and management of fur-bearing animals, fish and other game on the Reserve, and to impose a penalty for the violation thereof; AND WHEREAS the possession and use of firearms on the Reserve is subject to the requirements of the Criminal Code of Canada and other related federal or provincial laws, but such laws do not, in the opinion of the Council, appropriately reflect certain local concerns; NOW THEREFORE the Council of the Sturgeon Lake Band of Indians enacts as a by-law thereof as follows: 1. In this by-law (a) "Council" means the Council, as defined in the Indian Act, of the Sturgeon Lake Band of Indians (hereinafter referred to as the "Band"); (b) "hunt" means and includes to hurt, snare, trap, shoot, take, or otherwise destroy or worry any species of animal or game; and (c) "Reserve" means that tract of land, the legal title to which is vested in Her Majesty, that has been set apart for the use and benefit of the Band and known as Sturgeon Lake Indian Reserve Numbers 154, 154A, and 154B.
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2 The Sturgeon Lake Band of Indians By-Law Number 7 2. The Council may by by-law or resolution appoint a By-law Enforcement Officer (hereinafter referred to as the "Officer") for the reserve. 3. The Band Manager shall (a) until the Council has appointed an Officer, and (b) during any other period in which the position of Officer is vacant or the Officer is for any reason unable to fulfill his office, occupy the position of Officer. 4. The Officer shall (a) receive and deal with all applications for licences to be issued under this or other licensing by-laws; (b) maintain a record of all applications for licences and retain on file a copy of all licences issued, together with their particulars; (c> ascertain, as far as reasonably practicable, that all information furnished by the applicant in connection with an application for a licence is true in substance; (d) as often as may be necessary make enquiries and inspections to determine whether every holder of, and applicant for, a licence complies in every respect with the by-laws of the Council; (e) report in writing to the Council at the end of every second month, or as otherwise requested by
3 The Sturgeon Lake Band of Indians By-Law Number 7 the Council, stating the number of licences issued and the amount of money received since the previous report, and including the total number of licences issued and the total amount of monies received to date during the current year, together with a summary of the particulars of the licences issued since the previous report; and (f) perform such other duties as may be assigned by the Council from time to time. 5. Except as provided by this by-law and subject to section 6, no person shall, within the limits of the Reserve, hunt or attempt to hunt unless he has paid the prescribed fee and holds a valid and subsisting licence issued pursuant to this by-law. 6. Notwithstanding anything in this by-law, this by-law does not apply to members of the Band. 7. Every applicant for a licence shall make application in writing to the Officer on the form prescribed by the Council, and shall truthfully disclose all information required of him. 8. The Officer shall make out and deliver to the licencee every licence issued under this by-law. 9 . The fee payable for a licence issued under this by-law shall be ten ($10.00) dollars per year. 10. Every licence issued under the authority of this by-law shall be for the calendar year current at the time of issuing thereof and shall expire on the 31st day of December next succeeding the date of the licence unless specifically issued to expire at an earlier date.
4 The Sturgeon Lake Band of Indians By-Law Number 7 11- Every person to whom a licence is issued under this by-law shall have and keep such licence on his person during the time that he is hunting on the Reserve. 12. Every person to whom a licence is issued under this by-law shall produce the same whenever it may be demanded by the Officer, a police officer or by any other person so authorized by resolution of the Council. 13. The Council, for cause, may by resolution at any time revoke or suspend any licence issued under this by-law. 14. No rebate or refund of any part of a licence fee may be made to any licencee by reason of the forfeiture of a licence, or on account of the non-usage of the rights and privileges thereby granted, or for any other cause. 15. No licence issued under authority of this by-law is transferable. 16. No person shall hunt or discharge any firearms within the Townsite otherwise known as the Mission area. 17. Any person who violates any of the provisions of this by-law shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding FIVE HUNDRED ($500.00) DOLLARS or imprisonment for a term not exceeding thirty (30) days, or to both fine and imprisonment. 18. This By-Law comes into force on the day of , 198 .
5 The Sturgeon Lake Band of Indians 19 Approved and passed at a duly convened meeting of the Council of the Sturgeon Lake Band of Indians this 2 5 t h daY of MAV , 198 9 • CHIEF RONALD SUNSHINE ADOLF KAPPO ARNOLD MACLEAN-I, /on g. I d h 5 Chief/Counoi-ll or (as the case may be) of the Sturgeon Lake Band of Indians do hereby certify that a true copy of the foregoing By-Law Number 8 was forwarded to the Minister of Indian Affairs and Northern Development pursuant to section 82 (1) of the Indian Act this 9 5 th day of __________________/ 1989 • Witness By-Law Number 7 MILDRED CHOWACE PIERRE CHOWACE FELIX STONEY fi- !» V*■■■■ ,. <. 7.. .. <. PETE JOY^E Chief/Councillor
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