Contenu de la décision
MAY '96 11:04 FROM I I A AMHERST NS TO 18199970034 (",If BY-LAW NO. 1995 - :04 of the ~illbrook ~and A BY-L~W C~VERNING THE RESIDENCE I OF BAND MEMBERS ~ OTHER PERSONS ON RESERVE I WHEREAS the Counbil of the Millbrook Band desires to make a by-law governing the residency of Band ~embe~s and other persons on the reserve; ~ I AND WHEREAS the !council of the Millbrook Band is empowered to make;such by-law pursuant to paragraphs 81 (1) (p.1), (q) and (r) of the Indian Act; · I I . ~ND l\IHEREAS it: fs considered necessary for the health and to~elfare of ;the Band to regulate the residence of Band membe~s and other persons on the reserve;i I : NOW THEREFORE the Council of the Millbrook Band hereby makes the following by-la~: Short Tit:le l. This by-law ma:v be cited a.s the "~lillbrool< Band Residency By-La\o/ 11 • r rnterpretation 2. In this by-law~ I ''applicant" means « person who has submitted an application fm; peimission to be a resident of the reserve in accordance with section 5; I I "band" means t~e Millbrook Band; "committeP." m I e ans those Band members appointed by the Council pursuant to Section 11, to hear applications made pursuant to Sections 5 and 8~ and make determinations purs~ant to this by-law rela~ed to those applications; "child" includes a c~ild born in or out of wedlock and a legally adopted child has not reached the age of nineteen ( 19) years; I I "council" means! the :::ouncil, as defined in the Indian Act, of the Ba~d; I ;. ~ "dwelling" mean~ any house, apat"tment, mobile home, or a room located therein, 0r any similar lodgi~g suitable for habitBtion; ".member of the Band" means a person whose name appears on the Band Bst or who i s entitled to have his name appear on the Millbrook Band list pursuant to the Indian Act or t.he membersr:ip rules of the Band; I ''officer" means any police officer, police constable or other persa.n charged with the duty to preserve and maintain the public peace, and any by-law erdorcement officer or other person appointed by the Council for the purpose of this by-law;
TO 1819997003 4 PAGE.003/010 MAY '96 11 : 05 FROM I A AMH ERS T NS - 2 I I "principal ~sidence" means the place at which a person resides on a more permanent basis than a t any other place at which the person may reside :from time to time; I I '· "reserve" mt ans the Beaver Lake Indian Reserve No. 17, Cole Hirbour Indian Reserve No. 30, Millbrook Indian Reserve No. 27, Sheet Harbour Indian Reserve No. 36, Truro Indian ~ . e . serves No. 27A, 27B and 27C; "visitor" me I ans to live in d\Velling, otherwise than as a vi~ito4 to the c-eserve; i I I "resident" nleans a person who is entitled to reside on thei reserve , as provided by section 3; I ''Millbrook First Nation" means the Millbrook Band of Indians as defined by the Indian Act, R.S . C. ~ 1985, Chapter I - 5 as amended; "spouse" meahs a ;>erson who is married to, or who co-habits in a ~elationship of some permanence and commitment , akin to a conjugal relationship, ;with a band member of the Millbrook Band; I I Entitlement to Reside on Reserve I 3. (1) A person l is entitled to reside on the reserve only if the person: i (a) has 1 his principal residence on t he reserve at the time 'this by- law comes into force ' and only until he ceases to have a principal resia:ence on the I reserve; I (b) is !authorized to reside on the reserve pursuant to secti:on 18.1, or subsection 28(2) of the Indian Act or under the provisions of this by-law; I (c) has ithe permission of the committee pursuant to section 5·; or 8 or of the Band Council pursuan~ to section 12, to be a resident of the reserve~ ( 2 ) A spouse or dependent child of a person who is entitled to reHide on the reserve under subsection (1) , who actually resides with that person at oi after the t i me the entitlement arises , is entitled to reside on the reserve until such time as the spouse or ! dependent child ceases to reside on the reserve, and such entitlement is independent of the entitlement of that person. ! (3) Notwithst~nding subsection (2), any spouse or dependent child df a person who has been granted permission to reside on the reserve for a defined period is I not entitled to res~de or: the reserve after the end of that defined pericid.
'96 11:05 FROM I I A AMHERST NS TO 18199970034 PAGE.004 / 010 MAY - J I Registrar of Residents ! 4. (1) The Council shall appoint a Registrar of Residents to provide for the administration of applications, petitions and appeals made under this by-law and to maintain records rblated to the residents of the reserve. ! I 1 (2) The Registrar of Residents shall maintain a Residents List, on which is recorded= (a) the !name of each resident; I ' (b) an indication as -to whether each resident is a resident for an indefinite or defined period; (c) the length of any defined period of residence; and I (d) the loca tion of each resident's dwelling. I Application to be a Resident I 5 . (1) Any person may apply to the Committee for permission to be a ~esident of the reserve or t~ extend any defined period for which permission was i previously granted to the Prrson by the Committee or the Council to be a resi~ent of the reserve. I (2) The application shall be filed with the Registrar of Resident~ and shall include: (a) the applicant's reasons for applying to be a resident; I (b) if the applicant proposes to reside on the reserve for a limited : time, the approximate duration of the proposed residency; (c) the location at which the applicant proposes to reside; i (d) the name of the applicant's spouse, if any; (e) the names of the applicant's dependent children, if any; and I ' (f) any iadditional information the applicant wishes to provid~ relating to the considerations listed in subsection 7 (2). I Jlearing 6. (1) Within thi~ty (30) calendar days after the filing of a properly ; completed application, the Committee shall hold a hearing with respect to the appli~ation. (2) At least fourteen (14) calendar days prior to the hear ing , the :Registrar of Residents shall:
PAGE.005/ 0 10 MA Y 1 '96 11:06 FR OM I I A AMH ERST NS TO 18199970034 - 4 -(a) gi e written notice to the applicant of the date, time ' a nd place of the hearing and inform the applicant that he has a right to appear a2 the hearing and be heard in support of the application; and I I ( b) podt in the Band office a copy of the notice . I (3) At the ~earin~, the Committee shall: (a) pro~ide che applicant with an opportunity to present evi~ence and to make oral and writf en submissions, or both, in support of the applicatiQn; and (b) prO! iV ' l d e any resident present at the hearing with an op~ortunity to be heard. I I i (4) The Committee may make rules of procedure governing th~ hearing of I app l ications and shall keep records of its proceedings. I I Decision I I I •: 7. (1) After it has heard all of the evidence and submissions, t~ Committee shall meet in private tc consider the application. I (2) In dete~mining whether an application for permission to be a resident of the reserve should be granted, the Committee shall take into consid~ration all matters it consider.s relevant including, but not limited to, each of the ~ following: ; (a) whet her : he applicant has arranged for a place to res ide on the reserve; ( b) whether t he applicant's residing on the reserve would be ; comparable with the culture, society and community of the Band and welfare of the !members of the Band residing on the reserve; ' (c) whether the applicant is of good moral character; (d) !:he extent to which the applicant is prepared to commit hi's personal and economic resou~ces to the welfare and advancement of the community (esiding on the reserve; I (e) the iavailability on the·reserve of the adequate housing, land and ::>er\'ices; and (f) whetJer the applicant is or will be employed on the reserv:~. (3) Where the applicant is a member of the Band or a pers'on with ?ermission granted by the co 1 uncil pursuant to section 28(2) of the Indian Act, the Council shall consider only the C4iteria enumerated in paragraphs (2) (a) and (e) : ( 4) Within ten (10) calendar days after the hearing. the Committee shall dispose of the application by:
'96 1 1 : 06 FROM I A AMHERST NS TO 18199970034 PAGE.006 / 010 MAY - 5 -' (a) grJnting the applicant permission to be a resident ofi the reserve f or an indefinite period until such time as the applicant ceases to reside on the ; reserve; I \ (b) grabting the applicant permission to be a resident of : the reserve for a defined peri~d; (c) ext~nding any defined period for which per.mission wa~ previousl y granted to the pe~son ~y the Committee or Counci l to be a resident of the reserve; or I ? (d) refr sing ~he application, and shall give fritten notice of its decision to the applicant, i~corporating reasons in support :of its decision. ! (5) Within five (5) calendar days after disposing of the appl~cation, the Committee shall poJt a r.otice of its decision in the Band office. (6) Any applicant whose application is refused under this sectio~ may appeal to the Council pursuant to section 12. Reapplication 8. Where an apP,lication made under section 5 is refused pursu~nt to the provisions of sec~ion 76 , the Committee is not required to consider any further application by th:at person for a period of one ( 1) year from the '!late of the t"efusal, ·unless the applicant can show that there has been a material change of circumstances. Enforcement I 9. (1) An officer may order any person who is residing on the reserve ~and who is not a resident. tc cease to reside on the reserve forthwith or with{n the time limit he may set forth and in no case greater than 30 day$. I I (2) Where a !Person who has been ordered under subsection (1) to cease to ~eside on the reserve fails or refuses ·to do so within the time design~ed in the order made under su~section (1), that person may be removed by a peac~ of:£icer upon the written request lof the council. (3) Any pers~n who fails or refuses to comply with an order ~ade under subsection (2), co~its an offense. (4) Every one who assists~ person who has been ordered to cease to i reside on the reserve, to continue to reside on the reserve commits an offense. I I
PAGE .007/01 0 MA Y '96 11:07 FROM I A AMHERST NS TO 181 9997 0034 - 6 I I I Relocation of Bntltl~t to Reside ! I 10. (1) On the i petition of any ten (10) residents, the Coirllllittee ma:y revoke the entitlement of anYt person to reside on the Reserve who is referred to i~ section 3, other than a m~ber of the Band or a person referred to in paragraph 3(1) (b) , where, after a hei ring, it has been shown that: . : (a) th~ person, while a resident of the reserve, has been 9onvicted of an indictable of~ense under the Criminal Code (Canada) for which a pa~don has not been granted; or ' ! (b) the i person ~ithin any period of two years while res t ding on the r eserve has comro~tted . an offense under the Criminal Code (Canada). ~ against the person or property c: a Band member or another resident, f or which ;he has been convi cted and for ~hich a pardon or pardons have not been granted; ! and that it would be detrimental t o the best interests of the Band t~ permit the person to continue jto be a resident of the reserve . (2) Within t hirty (30) calendar days after the petition referred to in subsection (1) is re.::eived by the Committee , the Committee shall ho Lij a hearing into the matter. ; I (3) At leas t fourteen (14 ) calendar days prior to the hearing, t.h!~ Registrar of Residents shall : I ' (a) givei wri':ten notice to each petitioner and to t he affectt!d resident of the date time· and place of the hearing and informing the petitioner and the affected resident that he has a right to appear at the hearing and to be lheard; and (b) post in the Band office a copy of the notice. I (4) At the he~ring, the Committee shall: I (a) provide each petitioner ~~d the affected residen~ with an opportunity to pre~ent evidence and to make oral and written submissions, or both , on the petition; and I (b) provide any resident present at the hearing with an oppo1tunity to be heard . I (5) The Comm~ttee may make rules of procedure governing the ~earing of petitions under this! sect.ion and shall keep records of its proceedings. (6) After i t 1 has heard all of the evidence and submissions, the : Committee shall meet in privat~ to ~onsider the petition . I (7) Any revocation of entitlemen~ of a person to reside on the res~rve shall require the Committee's written reasons in support ther eof.
MAY '96 11:08 FROM I I A AMHERST NS .. - I I i (8~t Wdith~n. j te~ (l?t)· catlendthar da~ts. after tdhe fhfearindg,ththe Co~ditttee shall rend er 1 s ec~s1~n ~n wr1 1ng o e pet~ 1oners an a ecte e res~ en • (9) Within l five (5) days after the Committee's decision, the Committee shall post a notice of ·he decision in the Band office. ! (10) A petit ion shall not be considered under this section in x espect of a resident who, at rlhe time of the petition, is under the age of ninetee~ (19) years. I (ll) No revdcation of a resident's entitlement to reside on the r ' . ~serve shall affect the entitilement of the spouse and children of that resident to.; continue to reside on the res~rve. {12) A residb t whose entitlement to reside on the reserve has bee;1 revoked by the Committee uJ der this section may appear the decision of the Committee to the Council pursuant do sec~ion 12. 1 I i Committee of Elder~ I 11. (1) The Council shall appoint a Committee of Band members cons~sting of no more than five KS) m~~bers of the Millbrook Band, to hear applicants ~ pursuant to sections 5 and 8 and to make determinations pursuant to the provis~ons of this by-law. l I I ; (2) Any recommendation of the Committee requires the support of a ..m ajor i ty of Cor.unittee members, 1 three shall constitute a qualm for all purposes. I (J) The conuiittee may make rules of procedu-re governing th~ hearing of applications and shall keep records of its proceedings. Appeals 12. (1) Within dhirty (30) calendar days after the posting of a notice of the Committee's decis:iJon in the Band office, the applicant in the case of s i:!ction 7 or the affect ed resi;dent in the case of section 10, may appeal the f:ommittee's decision to the Council by filing a written request with the Registrar of Residents that the Council he~r the appeal. ; (2) Within thirty (30) calendar days after the filing of the roquest, the I Council shall condupt a ~earing with respect to the appeal . (3) At least ! fourteen (14) calendar days prior to the date of the hearing , the Registrar of Resident s shall: I l I (a) give ! written notice to the appellant of the date, time atid place of the hearing and shail inform the appellant that he has the right to appear and make oral and written su~missions, or both, at the hearing in support of the ~ppeal; and (b) post 1 in the Band office a copy of the notice .
MAY 1 '96 11:08 FRO M I I A AMHERST NS TO 18199970034 PRG E .00::1 / 010 - 8 -(4) At the hearing, the Council shall I (a) prbvide the appellant with an opportunity to present evidence and to make oral or written submissions, or both, in support of the appeal; arid I ( b) pr4vide any resident present at the hearing with the o~portunity to be heard. I ' I I (5) After i~ has heard all of the evidence and submissions, the Cpuncil shall meet in private t~ consider the appeal. (6) In determining whether an appeal should be allowed, the Council shall take into consideration the criteria set out in subsections 7 ( 2) and (3) in the case of a sect~on 7 ~ppeal, and the criteria set out in subsection lP (1) in the case of a section ~0 appeal . · (7) Within iten (10) calendar days after hearing the appeal the C{>uncil shall render its decisior · (8) The Council shall give written notice of its decision to the ~ppellant. Final Decision 13. (1) ' The decision cf the Council is final and binding on all parti~s. I ' (2) The Coun9il shall dispose of the appeal by: (a) granting the applicant permission to be a resident of ;the reserve for an indefinite period until such time as the applicant ceases to reside on the I reserve; 1 (b) gradting the applicant permission to be a resident of :the reserve for a defined perl . e ld ; I . (c) ext$ding any defined period for which permission was : previously granted to the .Pjerson by the Committee or the Council to be a resident of the reserve; or I (d) refusing the application, and shall give written notice of its decision to the app~icant. (3) Within f fve (5) calendar days after disposing of the appeal the Council shall post a notice1of its decision in the Band office. ! Penalties ' J 14. (1) Any person who contravenes any of the provisions of this by-law commits an offense and is liable on summary conviction to a fine not exceeding o~e thousand dcl1ars ($1 , 000.00) or t c imprisonment for a term not exceeding thirty (~) days,
MAY '96 11:09 FR OM I I A AMHERST NS TO 18199970034 PAGE.010 / 010 9 or both. SectiJ n 81 (2) and (3) may be utilized at the discretion of :the judge in I reaching a penalt~ for the contravention of this band by-law. : I > (2) Each d~y a person is in contravention of the provisions of; this by-law represents a se~arate offense under this by-law and subject to the p~nalties set forth in 14 (1). ~ I ~ IHIS BY-LAW IS ~EBY e~acted at a duly convened meeting of the Council; of the Band this .l.. (p day 9£ A 'fill/, , A.D., 19 ~ l. . Voting in favour of the by-law are the following members of the Council: I being a majority j of those members of the Council of the Band pr~ent at the aforesaid meeting of the Council . I I ! The quorum of t~e Council is five (5) members. Number of members of the Council present at the mee~ing: I, 13.4 .e ,Z.y G. ~o A 1/1.3 , Chief l~ncillo:E;of the Band, do her:~by certify that a true cop~ of the foregoing by- law was mailed to the Ministe~ of Indian Affairs and North~rn Development at the District I Regional I Hull office (as the ~ase may be) pursuant to the subsection 82 (1) of the Indian Act , this ~~ day of A~Jt.IL ,1A .D . .• 19 ""Z~ .
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