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SQUAMISH NATION SENAKW DRINKING WATER CONSERVATION BY-LAW 2022
This By-law was published and came into force on _______________________.
SQUAMISH NATION SENAKW DRINKING WATER CONSERVATION BY-LAW 2022
WHEREAS the Band Council of the Squamish Indian Band deems it to be in the best interests of the Squamish Nation to enact a by-law dealing with the use of water related services on Kitsilano Indian Reserve No. 6.
NOW THEREFORE the Band Council of the Squamish Indian Band at a duly convened meeting of the Band Council assembled on the 30th day of June, 2022, hereby enacts, pursuant to sections 81(1)(l), 81(1)(q) and 81(1)(r) of the Indian Act, R.S.C. 1985, Chapter I-5, as a By-law the following:
Interpretation Definitions 1. The following definitions apply in this By-law: (a) “By-law Notice Enforcement By-law” means, subject to the condition in section 15, City of Vancouver By-law Notice Enforcement By-law No. 10201, as amended or replaced from time to time;
“Canada” means Her Majesty in right of Canada; “Drinking Water Conservation By-law” means City of Vancouver Drinking Water Conservation By-law No. 12086, as amended or replaced from time to time, as adapted by sections 10 to 12;
“incorporated by-laws” means the By-law Notice Enforcement By-law, Drinking Water Conservation By-law and the Ticket Offences By-law;
“lands” means Kitsilano Indian Reserve No. 6; “Services Agreement” means the Senakw Services Agreement dated as of May 25, 2022 between the Squamish Nation and the City of Vancouver; and
“Ticket Offences By-law” means, subject to the condition set out in section 15, City of Vancouver Ticket Offences By-law No. 9360, as amended or replaced from time to time.
Provincial Interpretation Act 2. The incorporated by-laws are to be interpretated in accordance with the British Columbia Interpretation Act, R.S.B.C. 1996, c. 238, as amended from time to time, and, for that purpose, references to “enactment” in that Act are to be read to include the incorporated by-laws.
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Application of Incorporated By-laws Incorporation by reference 3. When this By-law comes into force, the incorporated by-laws apply to the lands, or any portion of the lands, and shall not alter, limit or supersede the rights of the City of Vancouver or the Squamish Indian Band under the Services Agreement.
The application of the By-law Notice Enforcement By-law and Ticket Offences By-law, as incorporated in this By-law, is subject to the condition set out in section 15.
Restriction – by-laws in force 5. A provision of this By-law only applies if that provision of the respective incorporated by-law is in force.
Offences and Penalties 6. Any contravention of this By-law may be subject to the penalties set out in section 14. Incorporation of procedural matters 7. Subject to any adaptations set out in sections10 to 12 and the condition set out in section 15, the following are to be conducted by and at the discretion of the City of Vancouver, without the requirement for the participation or involvement of the Squamish Indian Band, in accordance with the laws of British Columbia, whether or not those laws are incorporated under this By-law:
the prosecution of an offence, or any other proceedings, in relation to the contravention of this By-law; and
(b) any notice or other procedures required in relation to an action to be taken under this By-law. Specified persons and officials 8. A person who has a power, duty or function under the incorporated by-laws has the same power, duty or function under this By-law, subject to the adaptations set out in sections 10 to 12 and the condition set out in section 15.
Interpretation of incorporated law 9. Unless otherwise provided by this By-law, a person appointed to a position under the incorporated bylaws is deemed to have been appointed to that position for the purposes of this By-law for so long as that person remains in that position under that incorporated by-law.
Adaptations to Incorporated By-laws References to a “person” 10. A reference in the incorporated by-laws to a person is to be read to not include Canada or Squamish Indian Band.
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Owner 11. An owner under the Drinking Water Conservation By-law means (a) any tenant under a lease of any portion of the lands from Canada or Squamish Indian Band, (b) a subtenant under any sublease from that tenant; and (c) a registered tenant of land under a strata lot lease. Application Fees 12. Any water use permit application fees payable under the Drinking Water Conservation By-law are required to be paid by the applicant.
Severability 13. If any provision of this By-law is found invalid, that provision is severable.
By-law Enforcement Penalties 14. Every person who offends against or violates any of the provisions of this By-law or who suffers or permits anything to be done in contravention or violation of any of the provisions of this By-law is guilty of an offence punishable on summary conviction and
if that person has attorned in writing to the City of Vancouver’s jurisdiction, including as a party to a lease, sublease, rental agreement or other agreement:
is liable to a fine of not more than $10,000.00 for each offence; and if the contravention is of a continuing nature is liable to a fine of not more than $10,000.00 for each day that offence continues;
if paragraph (a) does not apply: (i) is liable to a fine of not more than $1,000.00 for each offence; and (ii) if the contraventions is of a continuing nature is liable to a fine of not more than $1,000.00 for each day that offence continues.
Application of Incorporated By-law Notice Enforcement By-law and Ticket Offences By-law Provisions 15. The provisions of the Ticket Offences By-law and the By-law Notice Enforcement By-law that are incorporated by this By-law only apply to a contravention of this By-law if the person that has contravened this By-law has attorned in writing to the City of Vancouver’s jurisdiction, including as a party to a lease, sublease, rental agreement or other agreement.
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This By-law may be cited for all purposes as Squamish Nation Senakw Drinking Water Conservation By-law 2022.
APPROVED AND PASSED at a duly convened meeting of the Band Council of the Squamish Band of Indians this 30th day of June, 2022
A QUORUM OF SQUAMISH NATION COUNCIL CONSISTS OF 4 COUNCILLORS
SQUAMISH NATION COUNCIL 320 SEYMOUR BLVD MEETING HELD AT: NORTH VANCOUVER, B. C.
MOVED BY: Ann Whonnock
Dustin Rivers Sxwchálten iy X̱elsílem
̱
Joyce Williams
Stewart Gonzales Sempúlyan
DATED:
Kristen Rivers Tiyáltelut
June 30, 2022
SECONDED BY
Chief Richard Williams Xwélxwelacha Siyam
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Stewart Gonzales
Shayla Jacobs Sumkwaht
Ann Whonnock Syexwáliya
Wilson Williams Sxwíxwtn