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By-law Number 2 0 0 2 - 0 8 Being a By-law to repeal and replace By-law No. 1986/01/20 Enacted on the 11th day o f December, 1985 Being a By-law Regulating the Conduct o f Hawkers, Peddlers and Trespassers on the Reserve W HEREAS section 81, sub-paragraphs (c), (n), (q) and (r), o f the Indian Act, R.S. 1985, C-5, as amended (herein, ‘Indian Act') empower the Council o f an Indian Band to pass by-laws to provide for the regulation o f the conduct and activities o f hawkers, peddlers or others who enter the Reserve; in addition to matters arising out o f or ancillary thereto, and the imposition o f a penalty for the violation o f any such by-law; AND W HEREAS the Council o f the Louis Bull Band desires to establish a by-law to provide for the removal and/or punishment o f persons trespassing on the Reserve or frequenting the Reserve for prohibited purposes; AND W HEREAS the Council o f the Band did enact By-law Number 1986/01/20 on the 11th day o f December, 1985 and wishes to repeal the said By-law Number 1986/01/20 and replace it with this By-law. THEREFORE, the Council o f the Louis Bull Band enacts this Hawkers, Peddlers and Trespassers By-law as follows: 1- SHORT TITLE This by-law may be cited as the “Louis Bull Reserve Hawkers, Peddlers and Trespassers By-law” and is referred to herein as ‘By-law’. 2- DEFINITIONS In this By-law “Band’ means the Louis Bull Band, as defined by Section 2 o f the Indian Act, “Council’ means the Council o f the Louis Bull Band, as defined in the Indian Act, “officer ” means any peace 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 person appointed by the Council for the purpose o f maintaining law and order on the Reserve; “Reserve” means Louis Bull Indian Reserve No. 138B; “trespass” means the entry onto, or the presence on the Reserve by a person without lawful justification.
2 3- APPLICATION This By-law applies to all persons visiting Louis Bull Reserve N o.l38B . 4- PROHIBITED PURPOSES (1) A person, other than a person referred to in subsection (2), who conducts on the Reserve any o f the following activities, namely: (a) hunting, fishing or trapping; (b) hawking or peddling o f wares or merchandise; (c) loitering; (d) soliciting financial assistance; or (e) for such other purposes prohibited by the Council. shall be deemed to be frequenting the Reserve for a prohibited purpose. (2) Subsection (1) does not apply to (a) a person who is a lawful resident o f the Reserve; or (b) a person who, under a by-law o f the Council, holds a valid licence to conduct any activity referred to therein or is otherwise permitted to conduct that activity. 5- ENFORCEM ENT (1) An officer may order any person who trespasses on the Reserve or who frequents the Reserve for a prohibited purpose to leave the Reserve immediately. (2) Where a person who has been ordered to leave the Reserve fails or refuses to do so, an officer may take such reasonable measures as may be necessary to remove the person from the Reserve. 6- PENALTY Every person who contravenes any o f the provisions o f this By-law is guilty o f an offence and is liable on summary conviction to a fine o f not more than $1,000 or to imprisonment for a term not exceeding thirty (30) days, or to both. 7- REPEAL By-Law number No. 1986/01/20 enacted on the 11th day o f June, 1985, and being a By law to regulate hawkers and peddlers on the Reserve, be and the same is hereby repealed.
3 THIS BY-LAW IS HEREBY made at a duly convened meeting o f the Council o f the Louis Bull Band this 9th day o f October , 2002. Voting in favour o f the By-law are the following members o f the Council: ^Member o f the-Gduncil) C - V w \ iber o f the Council) (Member o f the Council) \ ouncil) £ l (Member o f the Council) (Member o f the Council) (Member o f the Council) being the majority o f those members o f the Council o f the Louis Bull Band present at the aforesaid meeting o f the Council. The quorum o f the Council is five (5) members. Number o f members o f the Council present at the meeting: 8 I, I mon ~1VeePvvy rib Chief/Councillor o f the Band, do hereby certify that a true copy o f the foregoing By-law was mailed to the Minister o f Indian and Northern Affairs Canada at the _________________office o f the department pursuant to subsection 82(1) o f the Indian Act, this 9th day of October 2002 . Chief/Councillor)
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