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Indian Act

Version of section 85.1 from 2014-12-16 to 2020-06-17:


Marginal note:By-laws relating to intoxicants

  •  (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  • (3) [Repealed, 2014, c. 38, s. 8]

  • 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.

  • R.S., 1985, c. 32 (1st Supp.), s. 16
  • 2014, c. 38, s. 8
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