Community Bylaws & Regulations
Sqwá First Nation band by-laws are local laws that have been passed by SFN Chief and Council to regulate affairs within our community. A by-law governs the activity in question on all reserve lands under the control of the Sqwá First Nation council. The by-laws apply to everyone present on the reserve, regardless of whether they are a band member or whether they actually live on the reserve.
Authority & Definitions
A by-law can only be enacted if it covers a subject that is within the powers provided to the council under the Indian Act, and there are some restrictions to what band councils can control through their by-laws. According to section 81 of the Indian Act, band councils may make by-laws providing they are not contrary to the Indian Act or the regulations enacted pursuant to section 73 of the Indian Act. In addition, a by-law may not be contrary to and/or conflict with other federal laws, such as the Criminal Code of Canada or the Controlled Drugs and Substances Act.
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A by-law will not be enforceable and may be struck down in a court of law if it has not been properly enacted in accordance with the procedural requirements set out in the Indian Act.
Sections 81, 83, and 85.1 of the Indian Act provide the authorities for First Nation councils to pass by-laws. Skwah First Nation has only passed by-laws under Section 81 of the Indian Act.
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This section deals with matters that are local in nature to the reserve, such as traffic control, residency, public health, nuisances and wildlife control. A by-law under section 81 can impose, on summary conviction, a fine not exceeding $1,000 or imprisonment for a term not exceeding 30 days, or both.