Government & By-laws » Wabaseemoong Independent Nations

By-laws

Children and Youth Curfew By-Law

Since time immemorial the Wabaseemoong Independent Nations have exercised and asserted their Inherent and Indigenous Rights to Self-government which are recognized and affirmed by the Great Law of Kitchi Manito. In addition, Articles 34 and 35 of the United Nations Declaration on the Rights of Indigenous Peoples and Section 35 of the Constitution Act (1982), Schedule B to the Canada Act 1982 (UK), as well as, treaty rights deriving and which are also protected by Treaty Number Three, October 3rd, 1873 and understood by the fluent Anishinaabe Nation elders and other knowledge keepers.

The Wabaseemoong Independent Nations also have the authority and capacity to enact by-laws via band council resolution for the management, protection and safety of its band members under section 81 of the Indian Act.

WHEREAS The Chief and Council of Wabaseemoong Independent Nations have hereby developed and endeavor to enact the Children and Youth Curfew By-Laws under the authority of the Indian Act R.S., c. 1-6, s.l. 81 s. (1) (c), (d), (q) and (r) for the observance of law and order, the prevention of disorderly conduct, matters ancillary thereto, and a penalty for the violation thereof; and,

WHEREAS the Band Council of Wabaseemoong Independent Nations are of the opinion that children and youth should not remain unattended and without adult supervision in public places during the evenings, for the maintenance of law and order and for the welfare and safety of the children, youth and members of the Wabaseemoong Independent Nations Community; and,

THEREFORE BE IT Resolved that the Chief and Council of Wabaseemoong Independent Nations hereby enacts the “Wabaseemoong Independent Nations Children and Youth Curfew By-Law” as follows:

Purpose

The purpose of this by-law is to provide for the regulation of the activities of children and youth at the Wabaseemoong Independent Nation Community, 17 years of age and under in order to prevent misconduct and mischief, especially during times of emergencies.

Short Title

This By-Law may be cited as “The WIN Children and Youth Curfew By-Law”.

Interpretation

In this by-law
“child” means any person who is from 1 to 11 years of age;
“youth” means any person who is 12 to 17 years of age;
“adult” means a person who has attained the age of 18+ or is a “parent”;
“WIN Curfew By Law Officer” means a person/s appointed and deputized by the WIN Chief and Council by letter or Band Council Resolution for the purposes of enforcing the WIN Children and Youth Curfew By-Laws on any of the WIN community/ies as defined in this document;
“WIN community” means the entire boundary of the reserve and includes the Wabaseemong Independent Nations which includes:
Wabaseemong 06268, One Man Lake 29 – 06269 and Swan Lake 29 – 06270;
“Disturbing the Peace” means inappropriate conduct with respect to WIN laws and by-laws;
“entertainment” means school and community sponsored and organized events;
“guardian” means an adult with legal responsibility for the child or adolescent and includes foster parents or caregivers;
“non-school night” means a night which immediately precedes a day that is not a scheduled school day
“WIN Community Emergency Measures” means any special requirements and measures including “Pandemics” requiring the development, implementation and enforcement of Laws and By-Laws such as may be enacted from time to time to ensure the safety of all WIN children, youth, members and property of the Wabaseemoong Independent Nations
“parent” means both biological and legal parents;
“prohibited curfew hours” means, on a “school night” between the hours of 9:00 p.m. and 7:30 a.m. and on a “non-school night” the hours between 10:00 p.m. and 8:00 a.m.
“Emergency Measures Curfew Hours” means between the hours of 8:00pm to 8:00am during Pandemics and other WIN community emergency periods as may be defined and deemed necessary by the WIN elected Chief and Council for the safety of their children, youth, community members, personal property and WIN assets.“public place” means the property located outside of a ten (10) meter radius from the residence of a child or youth “school night” means a night which immediately precedes a scheduled school day

Prohibitions

No child or youth between the age of 4 and 17 years shall be in a public place anywhere within the community during the prohibited hours unless accompanied by a parent or guardian who is in a sober state of mind, including from the impairment of alcohol, marijuana, solvents (lacquer) and other illicit drugs;
An individual failing to comply with the terms of this by-law will be deemed to be “disturbing the peace” whereby “Children and Youth Curfew By-Law Officers” and Police Officers may take appropriate action including reporting to the Wabaseemoong Child Welfare Authority (WCWA).

Exceptions

The WIN Chief and Council may recognize and authorize exceptions to this WIN Children and Youth Curfew By-Law including fleeing from unsafe and dangerous situations.
Children or adolescents participating with the prior knowledge and approval from their parents or guardians for entertainment and sports events who are supervised by a responsible and sober adult/s are not committing an offence under this by-law.

Powers of the WIN Children and Youth Curfew By-Law Officer/s

1. (a) A WIN Children and Youth Curfew By-Law Officer/s who finds a child who is, or in the absence of evidence to the contrary, appears to be under the age of 17, in a public place during the prohibited hours contrary to section 4, shall give the child a warning and arrange to have such person escorted to their own residence or a place of safety.
  (b) A WIN Children and Youth Curfew By-Law Officer/s who finds a child or youth who is, or in the absence of evidence to the contrary, appears to be less than the age of 17 in a public place during the prohibited hours contrary to section 4 will document this incident;
  (c) A copy of any warning issued under subsection 8(1) or 8(2) shall be delivered to the child or adolescent’s parent or guardian.

Meeting with Parents

1. 1. (1) If a child or adolescent disregards the WIN Children and Youth Curfew By-Law Officer’s warning or is found by a WIN Children and Youth By-Law Officer/s to be disobeying this by-law a second time within a period of thirty (30) days, the child or adolescent and the parent(s) of such child or youth may be directed, by resolution of the WIN Chief and Council to meet and discuss such a WIN Children and Youth By-Law infraction with a designate of the Wabaseemoong Children and Youth Center, the Wabaseemoong Child Welfare Authority, or any persons/groups designated for this purpose
    (2) A copy of a letter with reference to in subsection 5 (1) shall be delivered by hand to the child’s or youth’s parent(s) not less than three (3) full days prior to the proposed meeting.

Offence

1. 1. (a) After meeting with the designated official/s or any other person/s appointed by the WIN Chief and Council, a parent who permits a child under the age of 17 to be in any public place during the prohibited hours, contrary to section 3, commits an offence under this WIN By-Law.
    (b) After meeting with the designated official/s or any other person/s appointed by the WIN Chief and Council, a child or youth who is found to be in any public place during the prohibited hours, contrary to section 3, commits an offence.

Penalty

1. 1. Every child or youth who contravenes any of the provisions of this WIN by-law is guilty of an offence and is liable on summary conviction to a fine of not less than $100.00 and up to $500.00 or to house arrest for a term not less 14 days and up 60 days, or both a fine and house arrest. If a child or youth is found guilty, their parents will be provided options to pay the fine, or, the child or youth will be required to provide community services which may include a rehabilitative program which shall be set up by the designated officials or any other person appointed by the WIN Chief and Council.

Restorative Justice Program

1. 1. In the event that the community has developed and constituted a functioning WIN Elders Justice Circle or a Restorative Justice Tribunal any child or youth who is prepared to plead guilty to an offence under this by-law may choose to appear before a Justice Circle made up of a WIN Council of Elders or a Restorative Justice Tribunal established as part of a WIN Restorative Justice Program within 30 days of being charged under this WIN Children and Youth By-Law.
  2. By voluntarily electing to appear before a WIN Elders Justice Circle or Restorative Justice Tribunal any person who is guilty of an offence under this by-law agrees to expose themselves to the penalties described in subsection 14.
  3. The WIN Elders Justice Circle or WIN Restorative Justice Tribunal established as part of a WIN Restorative Justice Program will consider and impose an appropriate sentence which may include, but are limited to,
    a) requiring the accused person to apologize to individuals, WIN Chief and Council or the broader community for any wrong doing in person or in writing;
    (b) requiring the accused person to consult, over the course of a reasonable time frame, with a professional counselor;
    (c) requiring the accused person to do community service work; or
    (d) any other sentence that may be appropriate under the circumstances, including the penalties outlined in subsection 11.

1. 1. In accordance to Gladue Principles no court shall impose a sentence under this by-law if an accused person has agreed to plead guilty and elected to appear before a functioning WIN Elders Justice Circle or a Restorative Justice Program and completed the full terms of any sentence imposed.
  2. A person who has failed to adhere to the conditions of a sentence imposed under subsection 14 commits an offence under this by-law and is subject to the penalties described in subsection 11 without an option to elect the WIN Elders Justice Circle or the WIN Restorative Justice Program provisions 12-15 inclusive. This person may also be at the mercy of an outside justice system and court or other authority including Child and Family Services.

Enforcement

1. 1. This By-Law will be enforced by the following; WIN Children and Youth By-Law Officers in conjunction with Treaty Three Police Officers, Ontario Provincial Police, Royal Canadian Mounted Police and designates of the Wabaseemong Child Welfare Authority.
  2. Should a Court of competent jurisdiction strike down a section of this By-Law, the remaining portions of the By-Law shall continue to stand.
  3. On the first business day following September 1st of each year, the Band Council shall request in writing, disbursement of any fines collected pursuant to this by-lawto the appropriate WIN administration accounts to support the Restorative Justice Programs.
  4. This WIN Children and Youth Curfew By-Law comes into force on the Wabaseemoong Independent Nations community immediately after it has been signed by a quorum (3) of the WIN Chief and Council. A copy of this signed by-law will be forwarded to Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada Minister for their immediate approval as an emergency measure during this time of COVID – 19 Pandemic and urgency for the safety of the people of Wabaseemoong Independent Nations.

1. 1. A summarized copy of this WIN Children and Youth Curfew By-Law will also be made available to every WIN household for the purpose of understanding its purpose and intent.

FINALLY, BE IT RESOLVED that this Wabaseemoong Independent Nation Children and Youth Curfew By-Law has been reviewed and approved at a duly convened meeting of the Chief and Council of Wabaseemoong Independent Nations on this eighth (8^th) day of April, 2020.

The Regulation on Management and Control of Dogs and Other Pet Animals By-Law

The members of Wabaseemoong Independent Nations have a deep and abiding respect of Kitchi Manito’s Natural Laws and a great sense of responsibility and obligation in the stewardship of Manito Aki. The Anishinaabeg of Wabaseemoong continue to maintain their long-standing traditional and spiritual relationship and connection with wild and domesticated animals, in particular, “animoog” (Dogs), and hold such beings in the highest regard and as such strives to ensure that matters related to such creatures whom they have shared the “Manito Aki” (earth) since time immemorial be carried out in a conscientious, respectful, kind and responsible manner.

The Wabaseemoong Independent Nations deems it expedient and in the best interests of the Wabaseemoong Independent Nations members to make a Dog/Pet Animal Control By-law for the purpose of management and control of these sacred Animoog and other domesticated animals for the health and safety of its members and residents, as well as, the dogs/pet animals of the Wabaseemoong Independent Nations.

Whereas the Chief and Council of Wabaseemoong Independent Nations are the duly elected government of the Wabaseemoong Independent Nations and have a mandate for the responsible management of their bands financial administration, management and delivery of all programs and services, as well as, the wellbeing and safety of all its community members and animals;

Whereas Section 81 (1) paragraph 1, (d), (e), (q), (r) of the Indian Act empowers Chief and Council of a First Nation to pass by-laws to provide for the good health and safety of its residents on the reserve, the prevention of trespass by domestic and wild animals, matters arising out of or ancillary to the exercise of powers under this section and the imposition of a penalty for violation of any such by-laws and;

Whereas the Chief and Council of Wabaseemoong Independent Nations have periodically received complaints about nuisance dogs and vicious dog attacks on people, on other domestic animals, including chasing vehicles which poses a danger to themselves and the drivers; and

Whereas the Chief and Council of Wabaseemoong Independent Nations have thus determined that the uncontrolled ownership, breeding and running at large of these dogs is detrimental to the health, safety and wellbeing of its community members and;

And Whereas the Wabaseemoong Independent Nation asserts its inherent sovereign jurisdiction which originates and is guided by Manito, its collective of community members, its traditional laws, traditional governance systems, teachings, treaty and indigenous rights and as a natural corollary thereof, hereby exercises its powers of self-government and self-determination as recognized and affirmed by UNDRIP and section 35 of the Constitution Act 1982 and;

Now Therefore be it finally resolved that, the Wabaseemoong Independent Nations Chief and Council enacts the following by-law,

Definitions;

(a) “Council” means the duly elected Chief and Council of the Wabaseemoong Independent Nations band number 29, located within the Wabaseemoong Independent Nations Traditional Land Use Area, the Treaty Three Territory, the Province of Ontario and Canada;

(b) “Animoosh” or “Dog” means any domesticated canine, male or female, over the age of two (2) months and includes a cross between a dog and a wolf;

(c) “Pet Animal” means any other type of pets such as cats, rodents, snakes, birds and includes any wild animals adopted by Wabaseemoong Independent Nations members as pets from time to time;

(d) “Dog/Animal Control Officer” or any such a person designated by Chief and Council;

(e) “Dog/Animal Registry” means the registry kept by the Dog/Animal Control Officer for the purpose of the registration of all dogs on the reserve lands;

(f) “Owner” of a dog/animal includes a person who possesses or harbors a dog/animal;

(g) “Reserve” means all territories of the Wabaseemoong Independent Nations, including, One Man Lake, Whitedog and Swan Lake Band, Indian Band Number 29 all located within the Wabaseemoong Independent Nations Traditional Land Use Area, Treaty Three Territory within the Province of Ontario and Canada;

(h) “At large” or “running at large” shall mean off the premises of the owner of the dog/animal and not under direct control of the owner or a person appointed by that owner for such purposes;

“Vicious Dog or Cross Dog” “ANIMAL” includes; any dog/animal that demonstrates ferocious, vicious or aggressive behavior any dog/animal that the Dog/Animal Control Officer, upon reason and probable grounds believes to be a physical threat to others;

(j) any dog which has been prosecuted and convicted under this by-law within the previous six (6) months;

(k) any dog which has bitten another dog/animal or human with or without provocation

(l) “Premises” means buildings and structures including driveways and accepted yard areas.

(m) “Public Areas” means public buildings, structures and spaces erected and/or maintained by Wabaseemoong Independent Nations, including roadways and paths.

(n) “Responsible Ownership” means acknowledgement of responsible animal/dog ownership.

(o) “Household” means any single house, apartment, shanty, shack, Camper, RV or Tent used and intended for use as a residence.

(p) “Guide Dog” means a dog being utilized by a visually impaired individual for the purpose of safe mobility.

DOG/PET ANIMAL CONTROL OFFICER

The Council may appoint by Band Council Resolution, a DOG/PET ANIMAL BY-LAW CONTROL OFFICER, and fix the terms of employment duties and remuneration,
The Council may, by Band Council Resolution, provide for reasonable reimbursement of Fees incurred by the DOG/PET ANIMAL BY-LAW CONTROL OFFICER for kenneling and euthanasia services associated with enforcement by this Animoog By-Law.
The DOG/PET ANIMAL CONTROL OFFICER shall maintain a record of all dog/animal registrations Including the Information received upon application for registration, the number of issued dog tags, the date of registration and the fee amount paid.
The Dog/Animal Control Officer shall report to the Council as Council may direct.

FEES

Council shall set, by Resolution, a tariff of fees associated with the administration of this Dog/Animal by-law, including fees for the following;

Registration of dogs;
Registration/identification tags, including the replacement thereof;
Euthanizing of dogs and other domestic/wild animals
Kenneling costs (including building a dog pound) associated with impounded animals/dogs
Animal Control Officer administration fees
Licensing for breeding and kenneling

All fees shall be payable to Wabaseemoong Independent Nations
The Dog/Animal Control By-Law Officer shall be responsible for collecting said fees on behalf of the Wabaseemoong Independent Nations and shall immediately pay over any monies collected to the Finance Department of Wabaseemoong Independent Nations.
The Wabaseemoong Independent Nations may seize or withhold from any monies which the First Nation may owe to a dog/animal owner by way of salary, contract, debt, or otherwise, payment and satisfaction of any fees due and owing under this by-law.

OWNERSHIP OF DOGS/ANIMALS

No person under age of (16) sixteen years of age shall own, harbor, or possess a Dog/animal without their parent’s or guardian’s express written approval and acknowledgement that the parent/guardian is ultimately responsible as owner under this by-law.
Every owner must keep the dog/animal safely tied or penned, fenced, leashed, or otherwise restrained at all times and in such a manner that the dog/animal cannot escape or overpower its handler.
A dog/animal need not be tied or penned up as provided in section 11, if the dog/animal;
a) Is being used at the time by a visually impaired person for the purpose of safe mobility;
b) Is being used at the time by a person for the purpose of hunting or work;
c) When the dog is inside the owners household
Except as authorized under section 52, there shall be a maximum of (2) two dogs and (2) two other pet animals per household
No owner shall allow a female dog/pet animal in heat or any dog/animal infected with rabies, mange, distemper, worms or any other infectious diseases in public areas
The owner of a dog/pet animal which causes damage to any property including but not Limited to lawns, vegetable gardens, flower gardens, flower beds, bushes, or plants shall pay for restoration, repair including costs thereof.
All dogs/pet animals on the Wabaseemoong Independent Nations Territory must be immunized in accordance with generally accepted veterinary standards. The owner of the dog is responsible for all costs for immunization and inoculation every year and must provide documentation to that effect.
All dogs must be spayed/neutered to prevent unnecessary reproduction to ensure that the WIN Dog population is controlled and maintained to acceptable safe levels.
Any dog/pet animal that is believed to be infected with rabies shall be surrendered to the Animal Control Officer to be held in quarantine for a period of (10) ten days. Any dog quarantined on suspicion of having rabies cannot be released until the Environmental Health Officer is satisfied that the dog/animal does not have rabies and thereafter directs in writing that this dog/animal be released.
The Dog/Pet Animal Control Officer, if necessary and at the owners’ expense shall have all rabid dog/animals humanely euthanized.
Every dog/pet animal owner must register his/her dog/animals with the Dog/Animal Control Officer. The owner shall attach the registration tag to the dog/animal and shall ensure it remains attached to the dog at all times
Dog/pet animal owners shall have until April 1 of each year, or as soon as the dog/animal have attained the age of 60 days, to obtain and place a registration tag around the neck of their dog/pet animals
The burden of proof is on the dog/pet animal owner to show that any dog/pet animal is less than 60 days old.
A dog tag may be transferred from one dog/pet animal to another providing ownership of the registered dog/pet animal has ceased due to death, sale, or transfer of ownership and providing an application for registration for a new dog has been approved by the DOG/PET ANIMAL CONTROL OFFICER.
In case of any sale or transfer of a dog/pet animal, the registered dog/pet animal owner is is responsible for notifying the DOG/PET ANIMAL CONTROL OFFICER of the change in ownership, however, the transfer shall not be final until the new owner verifies the transfer and is able to register the dog/pet animal
The application for registration shall be filed with the Dog/Pet Animal Control Officer and
Shall include;

The owners name, address and phone number
A description of the dog/pet animal to be registered, including age, sex, color, breed and name.]
The number of dogs in the household
A record that the dog/pet animal is immunized against rabies noting the date of such Immunization, the name of the person immunizing the dog/pet animal, the name of the vaccine and its batch number; and,
Any other information deemed by the DOG/PET ANIMAL CONTROL OFFICER to be Necessary for the purpose of administration of this by-law.

The DOG/PET ANIMAL CONTROL OFFICER shall issue a registration tag upon registration and payment of applicable fees.
In the event that the dog/pet animal tag is lost, the DOG/PET ANIMAL CONTROL OFFICER, upon application by the owner shall issue a replacement tag upon payment of applicable fees.
The fees applicable for the registration of a dog/pet animal and issuance of tags shall be set by band council resolution.
No fee, or part of a fee is refundable in the event of a loss, death or transfer of ownership of dog/pet animal.
The DOG/ANIMAL CONTROL OFFICER may deny registration of any dog/pet animal the owner has previously been in violation of this by-law, where there are outstanding fees due under this by-law, or if the owner has previously had a dog seized due to abuse or neglect.

Visiting Dogs/Pet Animals

All dogs/animal pets temporarily residing in the Wabaseemoong Independent Nations communities for a period of not more than three (3) weeks are subject to the provisions of this by-law with the exception of the registration requirements.

Control of Dogs/Pet Animals

The DOG/PET ANIMAL CONTROL OFFICER may seize and impound any dog/pet animal

which does not have a current registration tag as provided herein; or
found running at large, being a nuisance, or endangering the health and well-being of band members and residents of Wabaseemoong Independent Nations
that is being abused, neglected, or, abandoned

The DOG/PET/ANIMAL CONTROL OFFICER may enter upon the premises and seize a dog/pet animal without warrant where he/she has reasonable grounds to believe that the dog/pet animal is being abused/neglected or abandoned.
Anyone owning a vicious, cross dog, or any other pet animal, or any potential vicious or aggressive pet animal must post a clearly visible sign notifying the public of this fact. If the DOG/PET ANIMAL CONTROL OFFICER believes that there is reason to suspect That any dog/pet animal potentially vicious, or aggressive, the ANIMAL CONTROL OFFICER may notify the owner in writing of this fact. Any dog/pet animal owner who receives such a notice shall post signs under this section for the better protection of the Wabaseemoong Independent Nations members.
A vicious dog, cross dog, or pet animal must at all times be muzzled and must be kept on a leash whenever it is away from the premises of its owner or in public areas.
On the owner’s premises a vicious dog, cross dog, or any other pet animal shall be kept on a secure leash whenever with a minimum length of (6) six feet, or in a restricted area that is constructed so as to;

prevent any escape by the dog/pet animal
Physically prevent any unauthorized entry in the dog/pet animals area by any children

Complaints of vicious dogs, cross dogs, or any other pet animals shall be directed to the DOG/PET ANIMAL CONTROL OFFICER to investigate. In such a case, the dog/pet animal will be notified, in writing of the complaint and warned that non-compliance with by-law may result in fines and/or destruction of the vicious dog/cross dog, or pet animal.
All dogs/pet animals who have engaged in vicious behavior, including biting humans shall be impounded by the DOG/PET ANIMAL CONTROL OFFICER for a 10-day observation period. During this period, the DOG/PET ANIMAL CONTROL OFFICER shall determine if in his/her opinion the dog/pet animal is dangerous, or has a disease.
In determining whether a dog/pet animal is dangerous, the DOG/PET ANIMAL CONTROL OFFICER shall consider the circumstances which may have caused the dog’s/pet animal’s behavior, and also the dog/pet animals history of such behavior
Upon the determination that the dog/pet animal is dangerous, or has a disease, the DOG/PET ANIMAL CONTROL OFFICER shall euthanize the dog/pet animal at the Owners expense.

PROTECTION FROM DOGS

Any person may kill a dog that is running at large and is in the act of attacking, injuring, killing a person, another dog, or pet animal, or where the dog/pet animal is in pursuit and an attack where injury or death is imminent.
No dog/ pet animal owner may seek or recover damages or compensation from any person who lawfully destroys a dog pursuant to Section 38 of this by-law.

IMPOUNDING DOGS/PET ANIMALS

The DOG/PET ANIMAL CONTROL OFFICER shall place all impounded dogs in an Animal shelter or kennel.
The DOG/PET ANIMAL CONTROL OFFICER shall be available at reasonable hours to open the dog/pet animal shelter to the public for the purpose of claiming an impounded dog/pet animal.
The DOG/PET ANIMAL CONTROL OFFICER shall maintain a record of each dog/pet animal impounded, including details as to; general discipline, sex, age, color, date placed and basis for impoundment and tag number, if any.
Any dog/pet animal impounded shall be confined for a minimum of (3) three days, excluding Saturdays, Sundays, or Statutory Holidays. If impounded dog is not claimed within (3) three days after the owner was delivered notice pursuant to Section 44, the dog/pet animal shall be disposed of according to Section 45 of this by-law.
Upon impounding dog/pet animal, the DOG/PET ANIMAL CONTROL OFFICER SHALL;

By written notification inform the dog/pet animal owner that the dog/pet animal has been impounded and that non-compliance to the by-law may result in the destruction of the dog/pet animal.
Make reasonable efforts to hand deliver the notice to the owner and if unable to do so, to deliver the notice to the home of the owner or person designated by the owner in charge of the dog/pet animal in his/her absence.
The notification shall advise of impounding of the dog, the hours during which the shelter/kennel shall be open, the fee necessary to reclaim the dog/pet animal, the possible disposition of the dog/pet animal in the event it is not claimed and the date by which the dog must be claimed.

DISPOSITION OF DOGS/PET ANIMALS

The owner may claim an impounded dog within (3) three days of seizure by payment of impound fee, and if, the display of the required registration and identification tags. If the owner does not claim the dog/pet animal with the time period outlined above, the DOG/PET ANIMAL CONTROL OFFICER may adopt the dog out for payment of an adoption fee to;

Such a person as the owner may direct, or,
if owner does not make any direction, to any person who is willing to adopt the dog/pet animal and able to secure registration from the DOG/PET ANIMAL CONTROL OFFICER.
Unclaimed dogs or other pet animals may be sent out of the community for adoption,

Notwithstanding other provisions of this By-law, no dog shall be released to its owner if doing so would result in the owner continuing to be in violation of this By-law.
If impounded dog is not claimed, or adopted according to Section 45, such a dog may be destroyed. All dogs/pet animals shall be euthanized in a humane manner.
No dog/pet animal owner, their agents, assignees, employers, or family may seek or recover any damages or compensation of any sort against the DOG/PET ANIMAL CONTROL OFFICER, BAND COUNCIL, or their employees agents, aides, assignees, or assistants arising in any way from the destruction, impoundment, or treatment of any dog/pet animal pursuant to a good faith exercise of authority under this By-law.
Where a dog/pet animal is impounded because it required treatment care from a Veterinarian, the DOG/PET ANIMAL CONTROL OFFICER may release the dog/pet animal to the owner provided the owner agrees to secure such treatment or care for the animal within (3) three days, but only if the DOG/PET ANIMAL CONTROL OFFICER believes that the owner will provide the necessary care. If the owner fails to provide written proof within (10) ten days that the treatment or care was administered to the dog/pet animal, the DOG/PET ANIMAL CONTROL OFFICER may again apprehend the dog.
The DOG/PET ANIMAL CONTROL OFFICER may, upon advice from the Veterinarian Euthanize a dog/pet animal without delay for humane reasons or for reasons of health and safety.

PROHIBITION

Dogs/Pet Animals are prohibited from entering school yard, daycare yard, playgrounds, powwow grounds, sacred grounds, sweatlodges and any other public areas within the Wabaseemoong Independent Nations communities. Some exceptions may be allowed from time to time provided they are leashed and controlled by the owner and a notice stating this exception has been issued by Chief and council.

BREEDING AND KENNELING

(a) No person may establish, own or operate an establishment of facility for the purpose the purpose of breeding, boarding, or kenneling dogs/pet animals with the Wabaseemoong Independent Nations territory with a license issued by the Chief and Council of Wabaseemoong Independent Nations via Band Council Resolution.
(b) Anyone in violation of this Section shall have the dog/pet animals seized and Impounded under this By-law.
Any person who keeps (3) three or more dogs will be considered a breeder or kenneling Operator and will be subject to provisions of Section 52.
If any person who is not considered a breeder or kenneling operator and whose dog/pet Pet animal has a litter of puppies has a grace period of (75) seventy-five days to adopt out the litter.
(a) Council may affix an annual fee for licensing a breeder or kenneling operator
(b) Council will have the right to impose terms and conditions on kenneling, specifying The number of dogs/pet animals that may kept at any time, the duration of the license the particular dogs/pet animals which the license relates to, the restrictions as to the purpose which the dogs/pet animals may be kept, and the provisions for hygiene and any other matter incidental to the breeding, kenneling, or boarding of dog/pet animals.

VIOLATIONS OR NON-COMPLIANCE

Any person who violates any of the provisions of this By-law is liable upon summary conviction to a fine not exceeding ($1,000.00) One thousand dollars.
All fines and fees are due and payable to the Wabaseemoong Independent Nations. The Wabaseemoong Independent Nations may seize or withhold any monies owed to The dog/pet animal owner by way of salary, contractual agreement, or otherwise in Satisfaction of any fine or fee incurred under this By-law.
(a) Should any fee be outstanding more than (90) ninety days from the imposition of the fee, the DOG/PET ANIMAL CONTROL OFFICER may in his/her sole discretion, impound the owners dog as if the dog had been impounded and dealt with as any other impounded dog under this By-law. If a fee remains outstanding after (6) six months, the DOG/PET ANIMAL CONTROL OFFICER shall seize and impound the dog according to the provisions of this By-law!
(b) Partial payments of the fines and fees may be considered amongst other factors by the DOG/PET ANIMAL CONTROL OFFICER in relation to the exercise of his/her right to Impound the dog after (90) days, but a fee which has not been after (6) months shall be considered unpaid for the purposes of Section 58.
Individuals with outstanding fees will not be issued a new registration for a new dog/pet animal.

APPEAL

A dog/pet animal owner may appeal a decision of the DOG/PET ANIMAL CONTROL OFFICER by filing with the Band Council a “Notice of Appeal”, in such form as may from time to time be prescribed by Council, within (30) thirty days of the owners first notification of the decision of the DOG/PET ANIMAL CONTROL OFFICER. The appeal shall be heard by Chief and Council, or a DOG/PET ANIMAL CONTROL COMMITTEE assembled for that purpose by Chief and Council within (30) thirty days of the receipt of the notice of appeal. The appellant shall be entitled to make representation to Chief and council, or the DOG/PET ANIMAL CONTROL COMMITTEE and shall be entitled to hear from such other persons as they deem necessary to determine the merits of the appeal.
The decisions of Chief and Council, or the DOG/PET ANIMAL CONTROL COMMITTEE shall be binding and final, and is intended to be an act of self-government which is not subject to a review by any outside court, government, agency, or person.

The Wabaseemoong Independent Nations Dog/Pet Animal By-Law was developed by a steering committee consisting of 14 band members from various families of Wabaseemoong Independent Nations who then provided a summarized WIN Dog/Pet Animal By-Law information document to WIN band members by going house to house and delivering the said information document for their review. The steering committee then delivered ballots to as much homes as were occupied on the WIN community. These Dog/Pet Animal By-Law ballots were then collected, inserted into a secure ballot box, counted by the Dog/Pet Animal Steering Committee. The results of the Dog/Pet Animal Ratification vote were 268 Yeas and 31 Nays with one blank ballot. Therefore, this Dog/Animal Pet By-Law was approved and passed by a majority of WIN band members who participated in the ratification vote.

The Chief and Council have reviewed this WIN Dog/Pet Animal By-Law and supports the outcome of WIN community peoples ratification vote by supporting this Wabaseemoong Independent Nations Dog/Pet Animal By-Law and will seek the resources including the funding to implement this by-law.