Indian Act

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.

• Marginal note: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 it is made.

• Marginal note: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.