How are Bylaws Enforced?

First Nation Councils can impose fines and jail time if a person is convicted of a summary conviction offence for breaking a bylaw. The fine is a maximum of $1000 and the maximum amount of jail time is 30 days.

The Indian Act does not say who charges people with bylaw offences. Whoever handles policing on the reserve can charge people. The First Nation can also appoint bylaw enforcement officers. There have been concerns about police not being willing to charge people with bylaw offences.

The Indian Act also does not say who should prosecute these offences. The Criminal Code summary conviction process is used to prosecute bylaw offences in provincial court. The Criminal Code process is more complicated than the process used by the province to deal with provincial summary conviction offences.

Changes are being made to the provincial Summary Offences Procedure Act so that it can be used to enforce First Nation bylaws. First Nations will be able to opt into the Act. The same procedure that is used for other tickets in the province would be used for First Nation bylaw enforcement.

First Nation community safety officers would be mostly responsible for giving tickets. A person could be stopped and given a ticket for breaking a bylaw. The ticket could also be served on the person at their home, left with any adult there if they are not home, or sent by registered mail.

After getting a ticket, people could plead guilty and pay a fine without going to court. Otherwise, they would need to appear in court on the date set out on the ticket. On the court date, the person could plead guilty or not guilty. If they pleaded not guilty, there would be a trial. If they pleaded guilty or were found guilty after a trial, they would have to pay the fine set out in the bylaw.

Fine money from the enforcement of bylaws goes to the First Nation.