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The Mikisew Créé First Nation Traffic, AH Terrain Vehicle and Snowmobile By-Law Being a By-law for the Regulation of Traffic, All Terrain Vehicles and Snowmobiles WHEREAS the Council of the Mikisew Cree First Nation desires to make a by law governing the regulation of traffic and the use of all terrain vehicles and snowmobiles; AND WHEREAS the Council of the Mikisew Cree First Nation is empowered to make such by-law pursuant to paragraphs 81(l)(b), (q) and (r) of the Indian Act; AND WHEREAS it is considered to be expedient and necessary for the safety and convenience of the inhabitants of the Mikisew Cree First Nation to regulate traffic on the reserves; AND WHEREAS the Council of the Mikisew Cree First Nation considers that the indiscriminate use of all terrain vehicles and snowmobiles is contrary to the welfare of band members and other person on reserve, and therefore in the best interests of the residents of the reserves to regulate the use of all terrain vehicles and snowmobiles within the reserves; NOW THEREFORE the Council of the Mikisew Cree First Nation hereby makes the following by-law: Short Title 1. This by-law may be cited as the Mikisew Cree First Nation Traffic, All Terrain Vehicle and Snowmobile By-law. Definitions 2. In this bv-iaw, "access road” means a driveway a) that is situated on leased land, on land that is subject to a Certificate of Possession or a Certificate of Occupation, or on land that is otherwise in private occupation, and
mmscw t_ree tirst Nation Traffic, All Terrain Vehicle and Snowmobile By-law page 2 (b) that leads from a public road or a reserve road and is used to provide access from such road to such land, and in respect of which no invitation to pass has been extended to the general public by the person in possession or occupation thereof; "Administrator" means the person appointed by the Council pursuant to section 4 to act as Administrator of this by-law; "All terrain vehicle" means a self propelled vehicle designed or used primarily for cross-country travel on land, water, snow, ice, marsh, swamp land, or on other natural terrain and, without limiting the generality of the foregoing, includes, when designed for such travel: (a) four-wheel drive or low pressure tire vehicles, (b) restricted use motor-cycles and related two-wheel vehicles, (c) amphibious machines, (d) miniature motor vehicles, (e) minibikes; "Commission" means the Mikisew Cree First Nation Traffic Commission, appointed pursuant to section 3; "Council" means the Council of the Mikisew Cree First Nation; "First Nation" has the same meaning as "band" under the Indian Act; "motor vehicle" means a vehicle the operation of which on a public road requires a licence or permit under the Motor Vehicle Administration Act, R.S.A. 1980 M-22; "officer" means any police officer, police constable or other person charged with the duty to preserve and maintain the public peace, and a by-law enforcement officer or any other person appointed by the Council for the purpose of maintaining law and order; "operator's licence" means a licence to operate a motor vehicle issued or accepted as valid under the Motor Vehicle Administration Act, R.S.A. 1980 M-22; "reserve" means that tract of land the legal title to which is vested in Her Majesty that has been set apart by Her Majesty for the use and benefit of the
Mikisew Cree First Nation Traffic, All Terrain Vehicle and Snowmobile By-law page 3 Mikisew Cree First Nation and which is known as the Mikisew Cree First Nation Reserves Nos. 217, 218, 219, 220, 221, 222, 223, 224, and 225; "reserve road" means a road or other way over which vehicles are accustomed to pass, other than a public road or an access road, and includes an area designated as a reserve road under paragraph 3(2)(d); "snowmobile" means a self propelled vehicle that (a) is not equipped with wheels but is equipped with tractor treads alone or with skis or with skis and propeller, (b) is designed primarily for operating over snow and is used exclusively for that purpose, and (c) is designed for that purpose; "towed conveyance" includes any sled, cutter, trailer, toboggan or carrier that may be towed by an all terrain vehicle or snowmobile; "traffic control device" means any sign, marker or mechanical or electrical device designed for the purpose of regulating traffic; "vehicle" means a device by which a person or thing is or may be transported or drawn, other than a device designed to be moved by human power alone. C&m m issioq 3. (1) There shall be a Mikisew Cree First Nation Traffic Commission, consisting of three members of the Council, who shall be appointed by the Council by resolution. (2) The Commission may (a) designate locations on or adjacent to a reserve road at which traffic control devices shall be erected; (b) designate speed limits for reserve roads or portions thereof; (c) designate parking areas on or adjacent to reserve roads, and areas in which parking is prohibited; (d) designate areas of reserve lands to be reserve roads; and (e) perform such other functions as are set out for it in this by-law.
Mikisew Créé First Nation Traffic, All Terrain Vehicle and Snowmobile By-law page 4 (3) A copy of any designation made pursuant to this by-law shall be posted in the Band Council office, and may be appealed to the Council by any resident of the reserve by filing a Notice of Appeal with the Administrator within thirty days after the designation was first posted. (4) A designation comes into effect thirty days after the day it was first posted pursuant to subsection (3), or, if appealed, seven days after the day a notice was posted in the Band Council office advising that the designation has been confirmed by the Council. (5) The Council may, of its own initiative, and at any time, revoke any designation made by the Commission under this by-law, and may substitute a new designation. Administrator 4. (1) The Council shall, by resolution, appoint an Administrator of the Mikisew Cree First Nation Traffic By-Law. (2) The Council may, in the resolution, provide for reasonable remuneration to be paid to the Administrator. (3) The Administrator shall perform such functions as are imposed by this by law or are directed by the Commission, and shall report to the Commission on his/her activities in respect of the administration of this by-law. Llc&iicfi 5. No person shall operate a motor vehicle on a reserve road unless he/she holds a subsisting operator's licence of a class appropriate to the category of motor vehicle operated as required by the Motor Vehicle Administration Act, R.S.A. 1980 M-22.
Mikisew Créé First Nation Traffic, All Terrain Vehicle and Snowmobile By-law page 5 Insurance 6. No person shall operate a motor vehicle on a reserve road unless a valid insurance policy has been issued for the motor vehicle, such as would be required by the Motor Vehicle Administration Act, R.S.A. 1980 M-22 to operate the motor vehicle on a public road. Possession of Licence and Proof of Insurance 7.(1) A person shall have in his/her possession at all times while operating a motor vehicle on a reserve road: (a) his/her operator's licence; (b) the certificate of registration of the motor vehicle; and (c) proof of a valid insurance policy for the motor vehicle. (2) Every person who is in possession or control of a motor vehicle shall produce or exhibit his/her operator’s licence, registration and proof of motor vehicle insurance upon being requested by an officer to do so. Speed Limits 8. (1) The speed limit for a reserve road shall be 60 kilometers per hour, except where otherwise designated by the Commission and marked on a traffic control device erected on the reserve road. (2) No person shall operate a vehicle on a reserve road at a rate of speed in excess of the speed limit for that reserve road. Traffic Control Devices 9. (1) The Administrator shall erect traffic control devices at locations designated by the Commission. (2) On every sign erected by the Administrator there shall be placed in the lower right hand comer the words "By authority of the Mikisew Cree First Nation Traffic Commission."
Mikisew Créé First Nation Traffic, All Terrain Vehicle and Snowmobile By-law page 6 (3) The operator of a vehicle shall obey all traffic control devices erected pursuant to this by-law, except where otherwise directed by an officer or by a person authorized by the Commission or the Administrator to direct traffic. (4) No person shall remove, attempt to remove, deface, destroy or otherwise interfere with any traffic control device erected in accordance with this by law. Parking 10 (1) No person shall park a vehicle in a location where a traffic control device indicates that parking is prohibited. (2) Notwithstanding that the Commission has not prohibited parking in a particular location, no person shall park a vehicle on a road unless there is a clear view of the parked vehicle for a distance of 60 metres in either direction along the road. Weight Restrictions 11. (1) The Commission may designate weight restrictions for vehicles using reserve roads. (2) The Administrator may issue temporary permits allowing vehicles exceeding weight restrictions to use reserve roads where the circumstances are urgent and the Administrator is of the opinion that the use of the vehicle granted under the temporary permit will not damage the reserve road. (3) An appeal lies to the Commission from a decision of the Administrator refusing an application for a temporary permit. (4) No person shall operate a vehicle on a reserve road the weight of which, including the load carried, is more than the maximum weight designated for that vehicle on that reserve road and posted by a traffic control device on the reserve road.
Mikisew Créé First Nation Traffic, All Terrain Vehicle and Snovmobile By-law page 7 Rules of the Road 12. (1) A person shall not operate a vehicle on a reserve road (a) without due care and attention; (b) without reasonable care and consideration for other persons on the reserve road; or (c) at a speed that is excessive relative to road, traffic, visibility and weather conditions. (2) The operator of a vehicle shall keep to the right hand half of a reserve road, except (a) when overtaking and passing a vehicle proceeding in the same direction; (b) when the right hand half is closed for traffic while under construction or repair; or (c) where necessary because of the operation of road grading or snow removing equipment. (3) The operator of a vehicle on a reserve road shall not cause or permit the vehicle to follow another vehicle more closely than is reasonable and prudent, having regard to the speed of the vehicles and the amount and nature of the traffic on, and the condition of, the road. (4) The operator of a vehicle on a reserve road shall not pass or attempt to pass another vehicle travelling in the same direction (a) when proceeding uphill; (b) when on a curve; or (c) when approaching within 30 metres of another road of a railway crossing. W (5) The operator of a vehicle on a reserve road shall, before turning the vehicle, signal his/her intention to do so by giving the signal in sufficient time to provide reasonable warning to other persons.
Mikisew Créé First Nation Traffic, All Terrain Vehicle and Snowmobile By-law page 8 (6) Where a flagman is stationed, or a barricade or sign is erected, on a reserve road to direct traffic in connection with any construction or other work on the road or adjacent to the road, the operator of a vehicle shall obey the directions given by the flagman, or, if none, by the barricades or signs. (7) The operator of a vehicle about to enter a reserve road from an access road shall yield the right of way to traffic on the reserve road being entered upon, unless a traffic control device otherwise directs. Duties of the Operator 13(1) The operator of a vehicle on a reserve road must bring the vehicle to a stop when ordered to do so by an officer. (2) The operator or any other person in charge of a vehicle that is directly or indirectly involved in an accident on a reserve road shall (a) remain at or immediately return to the scene of the accident; (b) render all reasonable assistance to anyone injured in the accident; and (c) produce in writing to any other operator involved in the accident or to anyone sustaining loss or injury and, on request, to an officer: (i) the name, address and telephone number of the operator, (ii) the name, address and telephone number of the registered owner of the vehicle, (iii) the licence number of the vehicle, and (iv) particulars of any insurance policy on the vehicle, or such of that information as is requested. (3) The operator or any person in charge of a vehicle that collides with an unattended vehicle on a reserve road shall (a) stop, (b) locate and notify in writing the person in charge of or the owner of the unattended vehicle, or leave a written notice on the vehicle containing: (i) the name, address and telephone number of the operator,
Mikisew Créé First Nation Traffic, All Terrain Vehicle and Snowmobile By-law page 9 (ii) the name, address and telephone number of the registered owner, and (iii) the licence number of the vehicle. (4) Where a vehicle that is operated on a reserve road causes injury to a person or damage to property exceeding $1,000.00, the operator thereof shall report the injury to an officer or to the Administrator, and shall provide a report in writing if requested. Sriiwl gus 14(1) If a vehicle bearing the sign "SCHOOL BUS" and displaying alternatively flashing red lights is stopped on any reserve road, or on any access road, the operator of a vehicle approaching the school bus from either direction on a reserve road shall stop before reaching the school bus. (2) The operators of school buses and of vehicles in the vicinity of a stopped school bus shall comply with the Highway Traffic Act. R.S.A. 1980, H-7 for the operation of school buses and vehicles in the vicinity of school buses. All Terrain Vehicles and Snowmobiles 15(1) No person shall operate an all terrain vehicle or snowmobile on the travelled portion of any reserve road or access road at a speed greater than 60 kilometers per hour, except where otherwise designated by the Commission and marked on a traffic control device erected on the reserve road. (2) The operator of an all terrain vehicle or snowmobile shall at all times yield the right of way to operators of vehicles of other classes and to pedestrians. (3) No person shall operate an all terrain vehicle or snowmobile without due care and attention or without reasonable consideration for other persons or property upon the reserves. (4) No person shall operate an all terrain vehicle or snowmobile on lands or premises within the reserve allotted to, occupied, used, leased, or otherwise
Mikisew Créé First Nation Traffic, All Terrain Vehicle and Snowmobile by-law page 10 lawfully in the possession or under the control of another person without first having obtained the permission of that person so to do. (5) No person shall operate an all terrain vehicle or snowmobile within the limits of Mikisew Cree First Nation Reserves Nos. 219 (Doghead) and 218 (Allison Bay) after the hour of 11 o'clock in the evening, local time, or before the hour of 6 o’clock in the morning, local time. (6) No person commits an offence under subsection 15(5) if, (a) that person is a hunter or trapper by occupation, while he is operating the all terrain vehicle or snowmobile: (i) after 11:00 p.m., for the purpose of returning from hunting or trapping to his residence on the reserve; or (ii) before 6:00 a.m., for the purpose of departing from his residence on the reserve for the purpose of hunting or trapping. (7) No person shall operate an all terrain vehicle or snowmobile on a reserve road or access road which tows a conveyance unless the towed conveyance is connected to the terrain vehicle or to the snowmobile by a rigid drawbar that is so constructed and connects the all terrain vehicle or the snowmobile and the towed conveyance so that a distance of no more than one metre separates the extreme rear point of the all terrain vehicle or the snowmobile and the extreme front part of the towed conveyance. (8) No person who is or, in the absence of evidence to the contrary, appears to be under the age of sixteen years, shall operate an all terrain vehicle or snowmobile on anv * road. (9) Notwithstanding subsection 15(8), any person who is or, in the absence of evidence to the contrary, appears to be under the age of sixteen years, may operate an all terrain vehicle or snowmobile upon a road provided he is under the direction of a parent, custodian or guardian and is using the vehicle in the performance of domestic or household duties.
Mikisew Créé First Nation Traffic, All Terrain Vehicle and Snowmobile By-law page 11 EfluiijMi&fli 16. No person shall operate, on a reserve road, a vehicle that is in a dangerous or unsafe condition, or a motor vehicle that is not equipped as required by the Highway Traffic Act. R.S.A. 1980, H-7 for operation on a public road. Impounding of Vehicles 17(1) Where a vehicle is situated on or adjacent to a reserve road, whether attended or unattended, in such a position that: (a) it interferes with the normal flow of traffic on the reserve road; (b) it interferes with the removal of snow from the reserve road; (c) it interferes with fire fighting or other emergency equipment; or (d) it is likely to be vandalized, or where the vehicle is parked contrary to this by-law, or apparently has been abandoned for a period of 72 hours; an officer may: (e) remove the vehicle, or require the operator or person in charge of the vehicle to remove it to a position determined by the officer, or (f) take the vehicle into custody and cause it to be removed to and stored in a suitable place. (2) All costs and charges for the removal, care or storage of a vehicle removed under subsection (1) shall be paid by the owner of the vehicle. (3) The keeper of any repair shop, garage or storage place where the vehicle is stored is under no obligation to return the vehicle to the owner until the costs and charges referred to in subsection (2) have been paid. Offence and Penalties 18. A person who contravenes, or who otherwise fails to comply with any provision of this by-law, commits an offence and is liable on summary conviction to a fine not exceeding $1,000.00 or to imprisonment for a term not exceeding 30 days, or to both.
Enactment This By-law is hereby enacted by the Council of the Mikisew Cree First Nation at a duly convened meeting held on the 7M- day of June, 1997. Chief Councillor I, Ârfaz&KZ . Chief) Councillor of the Mikisew Cree First Nation do hereby certify that a true copy of the foregoing By-Law was forwarded to the Minister of Indian Affairs and Northern Development pursuant to section 82(1) of the Indian Act, this-Jf ^ day of June, 1997. Witness Mikisew Cree First Nation Traffic, All Terain Vehicle and Snowmobile By-Law page 12 j i Chiefs Councillor
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