Indian Act By-Laws
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General Regulatory By-Laws (Section 81(1))
(Reproduced from the Indian Act)
Section 81 (1)
(Council may make By-laws)
The council of a 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 of 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 and other
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 control or prohibition 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 [note section 18.1] who
reside with members 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.
Section 81 (2)
(Court Order to Prevent Continuation or Repetition of Offence)
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.
Section 81 (3)
(Court's Power to Restrain Contravention of By-law)
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.
Section 82 (1)
(Copies of By-laws to be sent to Minister)
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.
Section 82 (2)
(Effective date of By-law)
A by-law made under section 81 comes into force forty days after 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.