LAW OF FORT WILLIAM FIRST NATION

TRANSITIONAL RE.OPENING OF ON.RE,SERYE BUSINESSES BY.LAWGIm ..COVID-19 BY-LAW #3")

WHEREAS Fort William First Nation is a band as defined in the provisions of the Indian Act,R.S.C. 1995, C. I-5;

AND WHEREAS Fort William First Nation's lands consist of those certain lands vested in HerMajesty the Queen and held in trust for the use and benefit of Fort V/illiam First Nation situatedwithin Fort \I/illiam Indian Reserve No. 52 (the "Reserve");

AND WHEREAS Fort William First Nation is making every effort to ensure the safety of itsmembers and community members against the spread of the COVID-l9 virus;

AND WHEREAS the geographical location ofthe Resenre, being adjacent to the City of ThunderBay in the Province of Ontario, results in the community being more vulnerable to the spread ofthe COVID-l9 Virus with the frequency of vehicular and pedeskian traffic within the community;

AND WHEREAS Fort William First Nation shall apply a controlled method of transitional re-opening ofworkplaces on Reserve for the protection of its members and the general public againstthe potential spread ofthe COVID 19 virus;

Al[D WHEREAS the Council of the Fort William First Nation is empowered to make the currentby-law pursuant to subsections 81(1)(a), (c), (i), (p), (p. 1), (q) and (r) of the Indian Acr,R.S.C.,1985, c.I-5;

AND WHEREAS subsection 81(1)G) ofthe IndianAct, R"S.C., 1985, c.1-5 makes violation of aby-law punishable by a fine or imprisonment or both;

AND WHEREAS Fort William First Nation has deemed it expedient and necessary to exerciseits right pusuant to sections 81 (1)(a), (i) and (p) of the Indian Act to initiate a By-Law for thepurpose of the protection of the health of Band Members on the Reserve and to prevent thespreading of contagious and infectious diseases by the removal and punishment of, personstrespassing on the Reserye or &equenting the reserve for prohibited purposes;

NOW THEREFORE it is hereby enacted pursuant to section 81(1) of the Indian lct, R,S.C.,1985, c.1-5:

1. Effective at 8:00 a.m. on Monday, May 4, 2020, all businesses carrying on retail sales anddistribution andlor retail services on Reserve (the "Reserve Retailers") shall be permitted to re-open, subject to such other Orders, Regulations, By-Laws, directives or notices provided by anyother competent govenrmental authority, including, but not limited to, any Orders made by theProvince of Ontario pursuant to the Emergency Management and Civil Protection Act and any

By-Laws passed by the Chief and Council of the Fort William First Nation, and subject to such

businesses complying with the Transitional Process as set out herein.

2. Effective as of 8:00 a.m. on Tuesday, May 5, 2020, COVID 19 By-Law #2 be and is herebyrescinded.

3. Effective as of 8:00 a.m. on Tuesday, May 5, 2A20, COVID 19 By-Law #1 be and is herebyamended as follows:

(a) Section 2 of COVID 19 By-Law #1 is deleted in its entirety and replaced with the following:

"Between the hours of 8:00 a.m. and 4:00 p.m. no person other than an Authorized Person oran individual who enters upon the Reserve for a Business Purpose (as defined below) shallenter upon, be situate upon, or travel upon the Reserve. Any person violating this requirementshall be on the Reserve without legal authority or colour of right to do so."

(b) Section 4 of COVID 19 By-Law #1 is deleted in its entirefy and replaced with the following:

"Between the hours of 4:01 p,m. and 7:59 a.m. (the "Trespass Curfew"), no person other thanan Authorized Person shall enter upon, be situate upon, or kavel upon the Reserve. Any person

violating this requirement shall be on the Reserve without legal authority or colour of right todo so."

4. For the purposes of section 1 above, "Transitional Process" means, a gtadual and controlledmethod for Reserve Retailers to carry on their respective business and the sale of goods to theirrespective patrons in a manner that protects members of Fort William First Nation and the generalpublic against the spread of the COVID 19 Virus, which process shall include, at a minimum:

(a) The Reserve Retailers shall be open for business between the hours of 8:00 a.m. to 4:00p.m. solely and shall not provide any supply of goods or services to any customer outsideof such business hours.

(b) On Monday, }./;ay 4,2020, the Reserve Retailers shall solicit business and supply goods

and services to band members of Fort William First Nation solely; and shall remind anynon-band members attending at their business premises that the Fort William First NationCOVID By-Law #2 is still in effect as of that day;

(c) Effective as of 8:00 a.m. on Tuesday, May 5,2020,the Reserve Retailers shall be entitledto supply goods and services to any person.

(d) Any Reserve Retailer carrying on any restaurant business shall not provide any dine-inservices without further direction or authorization from Chief and Council and shall limitits restaurant business to take-out and delivery services solely.

(e) The Reserve Retailer shall comply with all other Orders, directives, notices or regulationsenacted or made by any other competent governmental authority, including, but not limited

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to, any Orders made by the Province of Ontario under the Emergency Management andCivil Protection Act and any order, directives or notices made by the Thunder Bay DistrictHealth Unit;

5. Each Reserve Retailer shall ensure the following safety precautions are followed at theirrespective place of business on Reserve: (i) maintaining a six (6) foot minimum socialdistance rule between patrons and staff; (ii) maintaining a controlled method of vehiculartraffic entering the property for the purchase of fuel or other goods, to allow for consistentflow-through and exit ofvehicles from the properfy; (iii) mandatory rubber or latex gloves,masks andlor face shields for all staff during regular business hours of operation; (iv)controlled method of delivery of goods to patrons wherever possible, including delivery ofgoods to patrons that remain in their vehicles at all times where possible; (v) controlledmethod ofpayment by patrons to minimize the entry by patrons (wireless credit/debit); and(vi) to prohibit loitering by any individuals.

6. Any Reserve Retailer that shall be given a Compliance Notice under sections 9 or 10 hereinshall immediately take all necessary steps and do and perform such other acts and thingsin order to return to compliance with the provisions of this By-Law.

CONSEQUENCES OF FAIL{'RE TO COMPLY WITH TRANSITIONAL OPENING

7. Any Reserve Retailer that fails to comply with any requirements or directives in this By-Law, or that operates its business in contravention of this requirements of this By-law,commits an offence.

8. Notwithstanding section 10, A Reserve Retailer who is alleged or suspected of committinga frst offence under this By-Law may be issued a Compliance Notice outlining:A) A breach of the obligation or requirement under this By-Law;B) Warning of the right by Fort William First Nation to revoke authorization to any

supplier of fuel and/or tobacco products to supply on Reserve; andC) The date of the breach of the obligation or requirement and the deadline date to comply

and/or rectiff such breach.9. Should a Reserve Retailer fail to comply with obligations set out in the Compliance Notice,

Fort William First Nation reserves the right to revoke any authorization to its supplier offuel and/or Tobacco products by way of Band Council Resolution.

10. A person who commits an offence under this By-Law is liable on summary conviction toa fine not exceeding one thousand ($1,000.00) dollars or to imprisonment for a term notexceeding thirty (30) days, or to both.

ENFORCEMENT

11. A Police Off,rcer shall have the right, on behalf of the Band, to

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(a)

(b)

(c) require compliance with this By-Law including requiring any Reserve Retailer toimmediately close its business and refrain from any further supply of goods andlorservices to any person;

(d) issue a Compliance Notice to any Reserve Retailer, setting out any violation of thisBy-Law and requiring such Reserve Retailer to immediately bring its businessoperations in compliance with this By-Law;

(e) issue a Notice of Fine to an,v person that commits an offence as set out in sections7 and 10 herein: and

(0 use reasonable force to defend himself or another person.

12. Arry person designated by Chief and Council to enforce this By-Law may:

(a) orally request that a person comply with this By-Law;

(b) issue a Compliance Notice to any Reserve Retailer, setting out any violation of thisBy-Law and requiring such Reserve Retailer to immediately bring its business operationsin compliance with this By-Law;

(c) issue a Notice of Fine to any person that commits an of[ence as set out in sections 7and 10 herein; and

(d) request, from time to time, the assistance of a Police Officer in connection with theissuance of any ComplianceNotice of Notice ofFine.

OTHER RIGHTS NOT IMPEDED

13. The provisions of this By-Law are in addition to and not in substitution of any rights oftheBand andlor Chief and Council with respect to any person carrying on business on Reserve,or any persons trespassing on Reserve, and whetherunder the IndianAcl, COVID By-Law#1, or otherwise.

SEVERABILITY

14. Should a court of competent jurisdiction determine that a provision of this By-Law isinvalid for any reason, the provision shall be severed from the By-Law and the validity of

interview and/or question persons in order to identify a violation of this By-Law;

orally request that a person comply with this By-Law;

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the rest of the By-Law shall not be affected. The Band shall replace the severed provisionwith another provision, if necessary, in order to maintain the intent of this By-Law.

COMING INTO FORCE

15. This By-Law comes into force immediately upon publication on the Fort William FirstNation's internet site or other valid form ofpublication pursuant to section 86 of the IndianAct.

16. This By-Law shall remain in effect until such time that the Chief and Council rescinds thisBy-Law by motion.

INTERPRETATION

17. In this By-Lawr

"Band" means the Fort William First Nation, as represented by its duly elected Chief andCouncil;

"Band Member" means a member of the Band, having the same meaning as "member ofa band" under the Indian Act:

"Chief and Council" means the duly elected Chief and Council ofFort William First Nationand has the same meaning as "council of the band" under the Indian Act;

"Compliance Notice" means a notice delivered by a duly authorized person to a ReserveRetailer, setting out any violations of this By-Law and demanding that such violations berectified, in accordance with section 8 herein. Such notice is meant to serve as a warningto any Reserve Retailer violating this By-Law.

"COVID 19 By-Law #1" means the State of Emergency and Restricting Access to ReserveBy-Law enacted by the Band on Aprll3,2A20;

"COVID 19 By-Law#2" means the State of Emergency and RestrictingAccess to ReserveBy-Law (COVID 19 Trespass By-Law #2) enacted by the Band on April9,2020;

"COVID 19 Safety Precautions" has the meaning ascribed thereto in section 5 herein'

"Indian Act" meffis the Indian lcr, R.S.C., 1985, c. 1-5, a statute of the Federal Crowngoveming registered Indians, bands and reserves;

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'T'{otice of Fine" means a notice delivered by a duly authorized person to a ReserveRetailer, putting the Reserve Retailer on notice that the Band intends to proceed with theprosecution of an offence under this By-Law;

"Police Officer" means a police officer employed by Anishinabek Police Services and/orany police services being engaged by the Band from time to time or other person appointedand identified by chief and Council from time to time to enforce this By-Law;

"Reserve" means all those lands defined as a "Reserve" within the meaning of the IndianAct and set apart for the use and benefit of the Fort William First Nation;

"Reserve Retailer" has the meaning ascribed thereto in section I herein; and

"Transitional Process" has the meaning ascribed thereto in section 4 herein.

18. In this By-Law, the following rules shall apply to the interpretation thereof:

(a) words denoting the singular shall include the plural and vice versa and wordsdenoting any gender shall include all genders or no gender;

(b) the words "include", "includes" and "including" and other similar words andexpressions shall in all cases be deemed to be followed by the words "withoutlimitation"; and

(c) any reference to a statute shall mean the statute in force as at the date hereof,together with all regulations promulgated thereunder, as the same may be amended,re-enacted, consolidated and/or replaced, from time to time, and any successorstafute thereto, unless otherwise expressly provided.

THIS BY-LAW IS HEREBY made at a duly convened meeting of the Band 11ri5 1st day ofMAY, 020

Chief Peter Collins

,,:'Zn?:Z 1!(c.,*Councillor Kyle Maclaurin

.- .r{L^./t*3

Jenelle Charlie

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Councillor Anthony Collins Councillor Tannis Kastern

./ , l.c7 ,') ---'' ''/'

Councillor Desiree Morriseau-Shields Councillor Leo Bannon Jr,

\: P,:&t.,, T],,L"kt* /Councillor Phil Pelletier Councillor Michele Solomon

-i rXrW \ )

Councillor Sherry Pelletier

Councillor

being the majority of those members of the Council of the Band present at the aforesaid meetingof the Council.

The quorum ofthe Council is 5- members.

Number of members of the Council present at the meeting: {o

7

- 1 '.,

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