85. [Repealed, R.S., 1985, c. 17 (4th Supp.), s. 11]
Marginal note: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).
Marginal note: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 of the band for the purpose of considering the by-law.
(3) [Repealed, 2014, c. 38, s. 8]
(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;
- 2014, c. 38, s. 8.
Marginal note:Publication of by-laws
86. (1) The council of a band shall publish a copy of every by-law made by the council under this Act on an Internet site, in the First Nations Gazette or in a newspaper that has general circulation on the reserve of the band, whichever the council considers appropriate in the circumstances.
Marginal note:Copies of by-laws
(2) The council of a band shall, on request by any person, provide to the person a copy of a by-law made by the council.
Marginal note:For greater certainty
(3) For greater certainty, publishing a by-law on an Internet site in accordance with subsection (1) does not discharge the council of a band from its obligation under subsection (2) to provide a copy of the by-law to any person who requests one.
Marginal note:Coming into force
(4) A by-law made by the council of a band under this Act comes into force on the day on which it is first published under subsection (1) or on any later day specified in the by-law.
Marginal note:Duration of publication — Internet site
(5) A by-law that is published on an Internet site under subsection (1) must remain accessible in that manner for the period during which it is in force.
- R.S., 1985, c. I-5, s. 86;
- 2014, c. 38, s. 9.
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