Band By-Laws

Because a by-law is, in effect, a federal law (much like, for example, the Criminal Code, the Youth Criminal Justice Act, and the Controlled Drugs and Substances Act), it is enforceable by the local policing agency or by-law enforcement officers.  Any contravention of a by-law is a summary conviction offence which may be dealt with by a court which can impose fines and penal sanctions.

While a BCR may be a legal document in the sense that it may be required for purposes such as borrowing money, it is not a law and therefore there is no obligation for the police to enforce it.  BCR’s are not heard in court and no penal sanctions are available for their contravention.

General Principles to Consider…
  • All Indian Act By-Laws apply strictly within reserve boundaries.

  • By-Laws are to be enforced and prosecuted equally against all individuals on reserve regardless of residency or Indian status.

  • Indian Act By-Laws cannot conflict with the Indian Act or any regulation enacted pursuant to section 73 of the Indian Act.

  • The exercised of by-law making authority is optional.  The Chief and Council are under no obligation to enact by-laws of any kind.

  • Section 88 of the Indian Act operates to incorporate provincial laws of general application.  Such laws application with respect to First Nation unless they are inconsistent with treaty rights, the Indian Act, any by-law made under the Act, or any other federal law.

  • Normally, a validly made by-law enacted under the Indian Act would be paramount to a provincial law, wherever the two laws contradict one another.  Thus, in the absence of (or, in co-existence with) by-laws, provincial and federal laws are applicable on reserve and may be enforced by law enforcement agencies.

The following is the 1) By-law List by Band, and 2) the three By-Laws:

By-Law List by Band
By-Law #1
By-Law #2
By-Law #3

1290 Pabineau Falls Road, Pabineau First Nation, NB E2A 7M3
office: 506 548-9211 fax: 506 545-6968