Residents

Bylaws and Bylaw Enforcement

Bylaws are local laws that are passed by a Band Council. They are designed to help control certain activities within the community. Band Councils have the authority under the Indian Act to pass bylaws. It is important to note, however, that such bylaws have no effect outside of the reserve boundaries—they are strictly a local law that is applied within the reserve.

Bands have the legal authority to make their own laws through sections 81, 83 and 85, specifically, of the Indian Act. Section 81, in particular, affords Bands the powers to create bylaws for overseeing a range of activities on the reserve, including those related to traffic control, residency, health, nuisances, wildlife conservation and zoning. However, there are restrictions on what Band Councils may control through bylaws. Bylaws can be created as long as they do not contravene the Indian Act or the regulations outlined in Section 73 of the Indian Act.