Chief and Council > Council Powers
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By-laws
81. (1) The council of the band may make by-laws not inconsistent with this act or with any regulation made by the Governor in Council or the Minister, for any or all of the following purposes, namely,
(a) to provide for the health of residents on the reserve and to prevent the spreading if contagious and infectious diseases;
(b) the regulation of traffic;
(c) the observance of law and order;
(d) the prevention of disorderly conduct and nuisances;
(e) the protection against and prevention of trespass by cattle another domestic animals, the establishment of pounds, the appointment of pound-keepers, the regulation of their duties and the provision for fees and charges for their services;
(f) the construction and maintenance of watercourses, roads, bridges,, ditches, fences and other local works;
(g) the dividing of the reserve or a portion thereof into zones and the prohibition of the construction or maintenance of any class of buildings or the carrying on of any class of business, trade or calling in any zone;
(h) the regulation of the construction, repair and use of buildings, whether owned by the band or by individual members of the band;
(i) the survey and allotment of reserve lands among the members of the band and the establishment of a register of Certificates of Possession and Certificates of Occupation relating to allotments and the setting apart of reserve lands for common use, if authority therefor has been granted under section 60;
(j) the destruction and control of noxious weeds;
(k) the regulation of bee-keeping and poultry raising;
(l) the construction and regulation of the use of public wells, cisterns, reservoirs and other water supplies;
(m) the construction and regulation of the use of public games, sports, races, athletic contests and other amusements;
(n) the regulation of the conduct and activities of hawkers, peddlers or others who enter the reserve to buy, sell or otherwise deal in wares or merchandise;
(o) the preservation, protection and management of fur-bearing animals, fish and other game on the reserve;
(p) the removal and punishment of persons trespassing on the reserve or frequenting the reserve for prohibited purposes;
(p.1) the residence of band members and other persons on the reserve;
(p.2) to provide for the rights of spouses and children who reside with member of the band on the reserve with respect to any matter in relation to which the council may make by-laws in respect of members of the band;
(p.3) to authorize the Minister to make payments out of capital or revenue moneys to persons whose names were deleted from the Band List of the band;
(p.4) to bring subsection 10(3) or 64.1(2) into effect in respect of the band;
(q) with respect to any matter arising out of or ancillary to the exercise of powers under this section; and
(r) the imposition on summary conviction of a fine not exceeding one thousand dollars or imprisonment for a term not exceeding thirty days, or both for violation of a by-law made under this section.
Power to restrain by order where conviction entered
(2) Where any by-law of a band is contravened and a conviction
entered, in addition to any other remedy and to any penalty
imposed by the by-law, the court in which the conviction has been
entered, and any court of competent jurisdiction thereafter, may
make an order prohibiting the continuation or repetition of the offence by the person convicted.
Power to restrain by court action
(3) Where any by-law of a band passed is contravened, in addition
to any other remedy and to any penalty imposed by the by-law, such contravention may be restrained by court action at the instance of the band council.
R.S., 1985, c. 1-5, s. 81; R.S., 1985, c.32 (1st Supp.), s. 15.
Copies of by-laws to be sent my Minister
82. (1) A copy of every by-law made under section 81 shall be
forwarded by mail by the chief or a member of the council of the
band to the Minister within four days after it is made.
Effective date of by-law
(2) A by-law made under section 81 comes into force forty days
by-lawafter a copy thereof is forwarded to the Minister pursuant to subsection (1), unless it is disallowed by the Minister within that period, but the Minister may declare the by-law to be in force at any time before the expiration of that period.
R.S., 1985, c. 1-5, s. 81; R.S., 1985, c. 32 (1st Supp.), s. 15.
Money by-laws
83. (1) Without prejudice to the powers conferred by section 81, the council of a band may, subject to the approval of the Minister, make by-laws for any or all of the following purposes, namely,
(a) subject to subsections (2) and (3), taxation for local purposes of land, or interests in land, in the reserve, including rights to occupy, possess or use land in the reserve;
(a.1) the licensing of businesses, callings, trades and occupations;
(b) the appropriation and expenditure of moneys of the band to defray band expenses;
(c) the appointment of officials to conduct the business of the council, prescribing their duties and providing for their remuneration out of any moneys raised pursuant to paragraph (a);
(d) the payment of remuneration, in such amount as may be approved by the Minister, to chiefs and councilors, out of any moneys raised pursuant to paragraph (a);
(e) the enforcement of payment of amounts that are payable pursuant to this section, including arrears and interest;
(e.1) the imposition and recovery of interest on amounts that are payable pursuant to this section, where those amounts are not paid before they are due, and the calculation of that interest;
(f) the raising of money from band members to support band projects; and
(g) with respect to any matter arising out of or ancillary to the exercise of powers under this section.
Restriction on expenditures
(2) An expenditure made out of moneys raised pursuant to
under authority of a by-law of the council of the band.
Appeals
(3) A by-law made under paragraph (1)(a) must provide an appeal procedure in respect of assessments made for the purposes of taxation under that paragraph.
Minister's approval
(4) The Minister may approve the whole or a part only of a by-law
made under subsection (1).
Regulations re by-laws
(5) The Governor in Council may make regulations respecting the
exercise of the by-law making powers of band under this section.
By-laws must be consistent with regulations
(6) A by-law made under this section remains in force only to the
extent that it is consistent with the regulations made under
subsection (5).
R.S., 1985, c. 1-5, s. 83; R.S., 1985, c.17 (4th Supp.), s. 10.
Recovery of taxes
84. Where a tax that us imposed on an Indian by or under the authority of a by-law made under section 83 is not paid in accordance with the by-law, the Minister may pay the amount owing together with an amount equal to one-half of one per cent thereof out of moneys payable out of the funds of the band to the Indian.
R.S., c. 1-6, s. 84.
85. <Repealed, R.S., 1985, c. 17 (4th Supp.), s. 11>
By-laws relating to intoxicants
85.1 (1) Subject to subsection (2), the council of a band may make by-laws
(a) prohibiting the sale, barter, supply or manufacture of intoxicants on the reserve of the band;
(b) prohibiting any person from being intoxicated on the reserve;
(c) prohibiting any person from having intoxicants in his possession on the reserve; and
(d) providing for exceptions to any of the prohibitions established pursuant to paragraph (b) or (c).
Consent of electors
(2) A by-law may not be made under this section unless it is first
assented to by a majority of the electors of the band who voted at a special meeting of the band called by the council or the band for the purpose of considering the by-law
Copies of by-laws to be sent to Minister
(3) a copy of every by-law made under this section shall be sent
by mail to the Minister by the chief or a member of the council of the band within four days after is made.
Offence
(4) Every person who contravenes a by-law made under this section is guilty of an offence and liable on summary conviction.
(a) in the case of a by-law made under paragraph (1) (a), to a fine of not more than one thousand dollars or to imprisonment for a term not exceeding six months or to both; and
(b) in the case of a by-law made under paragraph (1) (b) or (c), to a fine of not more than one hundred dollars or to imprisonment for a term not exceeding three months or to both.
R.S., 1985, c. 32 (1st Supp.), s. 16.
Proof
86. A copy of a by-law made by the council of a band under this Act, if it is certified to be a true copy by the superintendent, is evident that the by-law was duly made by the council and approved by the Minister, without proof of the signature or official character of the superintendent, and no such by-law is invalid by reason of any defect in form.
R.S., c.1-6, s.86.