shíshálh Nation Self-Government Act

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Sections227

• 1Short title

  This Act may be cited as the shíshálh Nation Self-Government Act.

• 2Definitions
• 2(1)

  In this Act,

• 2(1)[p3]Repealed

  Band[Repealed, 2022, c. 9, s. 12]

• 2(1)[p4]

  Council means the council continued by subsection 8(1) under the name hiwus Ɂiy te hihewhiwus and referred to in Part II of the constitution of the shíshálh Nation as amended by Order in Council P.C. 2019-1225 of August 17, 2019; (conseil)

• 2(1)[p5]

  District means the shíshálh Nation Government District referred to in section 17; (district)

• 2(1)[p6]

  District Council means the shíshálh Nation Government District Council established by subsection 19(1); (conseil de district)

• 2(1)[p7]

  former Act means this Act as it read immediately before the coming into force of section 8 of An Act to give effect to the Anishinabek Nation Governance Agreement, to amend the Sechelt Indian Band Self-Government Act and the Yukon First Nations Self-Government Act and to make related and consequential amendments to other Acts; (loi antérieure)

• 2(1)[p8]

  Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982; (peuples autochtones du Canada)

• 2(1)[p8](a)
• 2(1)[p9]

  Minister means the Minister of Crown-Indigenous Relations; (ministre)

• 2(1)[p10]

  Sechelt Indian Band means the Band established by subsection 5(1) of the former Act; (bande indienne sechelte)

• 2(1)[p8](b)
• 2(1)[p11]Repealed

  Sechelt lands[Repealed, 2022, c. 9, s. 12]

• 2(1)[p12]

  shíshálh lands means

• 2(1)[p12](a)

  lands transferred to the Sechelt Indian Band on October 9, 1986 under section 23 of the former Act, or

• 2(1)[p12](b)

  lands described in declarations referred to in section 25.1; (terres shishalhes)

• 2(1)[p15]

  shíshálh law means a law made by the Council under section 14 or 28. (loi shishalhe)

• 5(1)
• 2(1)[p16]

  shíshálh Nation means the Nation referred to in section 5; (Nation shishalhe)

• 5(2)Indian Act Sechelt band ceases to exist
• 2(2)Lands ceasing to be shíshálh lands

  Any shíshálh lands to which the title is sold or otherwise transferred cease to be shíshálh lands.

• 3Rights of Indigenous peoples

  This Act shall be construed as upholding the Aboriginal rights of the shíshálh Nation and the rights of any other Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.

• 3.1Rights of shíshálh Nation

  For greater certainty, nothing in this Act shall be construed as

• 3.1(a)

  limiting or restricting the position of the shíshálh Nation or any other person with respect to

• 3.1(a)(i)

  any Aboriginal rights, including the inherent right of self-government and the Aboriginal title, of the Nation that are recognized and affirmed by section 35 of the Constitution Act, 1982, or

• 3.1(a)(ii)

  the Nation’s identity as an Indigenous people of Canada; or

• 3.1(b)

  restricting the Nation from participating in any process that may be established to implement the inherent right of self-government, including on a regional or national basis.

• 4Purposes

  The purposes of this Act are to

• 4(a)

  support the exercise of aspects of the shíshálh Nation’s inherent right of self-government;

• 4(b)

  support the Nation in its control over and administration of the resources and services available to its members; and

• 4(c)

  contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples as it relates to the self-government of the Nation.

• 5Continuation

  The Sechelt Indian Band, established under subsection 5(1) of the former Act, is continued under the name “shíshálh Nation” and, for greater certainty,

• 5(a)

  the rights, titles, interests, assets, obligations and liabilities of the Sechelt Indian Band, including those of its council, are those of the Nation; and

• 5(b)

  the members of the Sechelt Indian Band are the members of the Nation.

• 6Capacity of Nation

  The shíshálh Nation is a legal entity and has, subject to this Act, the capacity, rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, may

• 6(a)

  enter into contracts or agreements;

• 6(b)

  acquire and hold property or any right or interest in it, and sell or otherwise dispose of that property, right or interest;

• 6(c)

  expend or invest moneys;

• 6(d)

  borrow money;

• 6(e)

  sue or be sued; and

• 6(f)

  do such other things as are conducive to the exercise of its rights, powers and privileges.

• 7Nation subject to its constitution

  The powers and duties of the shíshálh Nation shall be carried out in accordance with its constitution.

• 11(1)
• 8Governing body
• 11(1)(a)
• 8(1)

  The Sechelt Indian Band Council, referred to in section 8 of the former Act, is continued as the council and governing body of the shíshálh Nation under the name hiwus Ɂiy te hihewhiwus.

• 11(1)(b)
• 8(2)Election of members

  The members of the council continued under subsection (1) shall be elected in accordance with the constitution of the Nation.

• 11(1)(c)
• 9Nation to act through Council

  The shíshálh Nation shall act through the Council in exercising its powers and carrying out its duties and functions.

• 10Elements of constitution
• 11(2)Referendum
• 10(1)

  The constitution of the shíshálh Nation shall be in writing and shall

• 10(1)(a)

  establish the composition of the Council, the term of office and tenure of its members and procedures relating to the election of Council members;

• 10(1)(b)

  establish the procedures or processes to be followed by the Council in exercising the Nation’s powers and carrying out its duties;

• 10(1)(c)

  provide for a system of financial accountability of the Council to the members of the Nation, including audit arrangements and the publication of financial reports;

• 10(1)(c.1)

  provide for appeals in relation to decisions of the Council and administrative bodies created to assist in the administration of the affairs of the Nation;

• 10(1)(c.2)

  provide for conflict of interest rules;

• 10(1)(d)

  include a membership code for the Nation;

• 10(1)(e)

  establish rules and procedures relating to the holding of referenda referred to in section 12 or paragraph 21(2)(b) or provided for in the constitution;

• 10(1)(f)

  establish rules and procedures to be followed in respect of the disposition of rights or interests in shíshálh lands;

• 10(1)(g)

  set out specific legislative powers of the Council selected from among the general classes of matters set out in section 14;

• 10(1)(g.1)

  establish rules and procedures for the making and amending of shíshálh laws; and

• 10(1)(h)

  provide for any other matters relating to the exercise of powers and carrying out of duties and functions of the Nation under this Act, including matters related to the government of the Nation or its members, or the management of shíshálh lands, to the extent that the Nation is of the opinion that such matters should be reflected in the constitution.

• 10(2)Membership code

  Any membership code established in the constitution of the shíshálh Nation shall respect rights to membership in the Indian Act Sechelt band acquired under the Indian Act immediately prior to the coming into force of the first membership code established after the coming into force of the former Act.

• 11Repealed

  [Repealed, 2022, c. 9, s. 20]

• 12Amendment to constitution

  The Council may declare an amendment to the constitution of the shíshálh Nation to be in force if the amendment has been approved in a referendum held in accordance with the constitution.

• 13Publication of amendments

  The Council shall, as soon as practicable after making a declaration under section 12, make any amendment to the constitution publicly accessible

• 13(a)

  on the shíshálh Nation’s website;

• 13(b)

  in the First Nations Gazette; or

• 13(c)

  in any other manner that the Council considers equivalent and that allows the public to readily access the amendment.

• 14Legislative powers
• 14(1)

  The Council has, to the extent that it is authorized by the constitution of the shíshálh Nation to do so, the power to make laws in relation to matters coming within any of the following classes of matters:

• 14(1)(a)

  access to and residence on shíshálh lands;

• 14(1)(b)

  zoning and land use planning in respect of shíshálh lands;

• 14(1)(b.1)

  the creation and regulation of rights or interests in shíshálh lands;

• 14(1)(c)

  the expropriation by the Nation, for community purposes, of rights or interests in shíshálh lands;

• 14(1)(d)

  the use, construction, maintenance, repair and demolition of buildings and structures on shíshálh lands;

• 14(1)(e)

  the taxation, for local purposes, of rights or interests in shíshálh lands, and of occupants and tenants of shíshálh lands in respect of their rights or interests in those lands, including assessment, collection and enforcement procedures, as well as appeals relating to such matters;

• 14(1)(f)

  the administration and management of property belonging to the Nation;

• 14(1)(g)

  the education of members of the Nation on shíshálh lands;

• 14(1)(h)

  social and welfare services with respect to members of the Nation;

• 14(1)(h.1)

  child and family services with respect to the Nation’s families and children, including the custody, placement and care of the Nation’s children;

• 14(1)(i)

  health services on shíshálh lands;

• 14(1)(j)

  the preservation and management of natural resources on shíshálh lands;

• 14(1)(k)

  the preservation, protection and management of fur-bearing animals, fish and game on shíshálh lands;

• 14(1)(l)

  public order and safety on shíshálh lands;

• 14(1)(m)

  the construction, maintenance and management of roads and the regulation of traffic on shíshálh lands;

• 14(1)(n)

  the operation of businesses, professions and trades on shíshálh lands;

• 14(1)(o)

  the prohibition of the sale, barter, supply, manufacture or possession of intoxicants on shíshálh lands and any exceptions to a prohibition of possession;

• 14(1)(p)

  subject to subsection (2), the imposition on summary conviction of fines or imprisonment for the contravention of any shíshálh laws;

• 14(1)(q)

  the devolution, by testate or intestate succession, of real property of members of the Nation on shíshálh lands and personal property of members of the Nation ordinarily resident on shíshálh lands;

• 14(1)(r)

  financial administration of the Nation;

• 14(1)(s)

  the conduct of the Nation’s elections and referenda;

• 14(1)(t)

  the creation of administrative bodies and agencies to assist in the administration of the affairs of the Nation; and

• 14(1)(u)

  matters related to the good government of the Nation, its members or shíshálh lands.

• 14(1.1)Clarification

  For greater certainty, neither paragraph (1)(h.1) nor the making of any law under that paragraph prevents the shíshálh Nation from making any laws in relation to child and family services referred to in An Act respecting First Nations, Inuit and Métis children, youth and families.

• 14(2)Limit on fine, penalty or imprisonment

  A law made in respect of the class of matters set out in paragraph (1)(p) may specify a maximum fine or a maximum term of imprisonment or both, but the maximum fine may not exceed two thousand dollars and the maximum term of imprisonment may not exceed six months.

• 14(3)Laws of British Columbia

  For greater certainty, the Council has the power to adopt any laws of British Columbia as its own law if it is authorized by the constitution to make laws in relation to the subject-matter of those laws.

• 21(3)(a)
• 14(4)Law may require licence or permit

  A law made by the Council may require the holding of a licence or permit and may provide for the issuance thereof and fees therefor.

• 21(3)(b)
• 14.1Publication of shíshálh laws

  The Council shall, as soon as practicable after a shíshálh law, or any amendment to it, is made, make that law or amendment publicly accessible

• 14.1(a)

  on the shíshálh Nation’s website;

• 14.1(b)

  in the First Nations Gazette; or

• 21(6)Where British Columbia legislation repealed
• 14.1(c)

  in any other manner that the Council considers equivalent and that allows the public to readily access the laws and any amendment to them.

• 15Legislative powers granted by British Columbia

  The Council may exercise any legislative power granted to it by or pursuant to an Act of the legislature of British Columbia.

• 15.1Constitution prevails

  In the event of an inconsistency between the provisions of a shíshálh law and the provisions of the constitution of the shíshálh Nation, the provisions of the constitution prevail to the extent of the inconsistency.

• 23(1)
• 16Non-application of Statutory Instruments Act

  The Statutory Instruments Act does not apply to a shíshálh law.

• 23(2)Definition of reserves
• 17Continuation

  The Sechelt Indian Government District, recognized and deemed to have been established under section 17 of the former Act, is continued under the name “shíshálh Nation Government District” and its jurisdiction — resulting from any transfer under subsections 21(1) and (2) — may be exercised over shíshálh lands, subject to subsections 21(3) to (5).

• 23(3)Indian Act Sechelt band rights and interests cease
• 18Capacity of District

  The District is a legal entity and has the capacity, rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, may

• 23(4)Letters patent
• 18(a)

  enter into contracts or agreements;

• 18(b)

  acquire and hold property or any right or interest in it, and sell or otherwise dispose of that property, right or interest;

• 18(c)

  expend or invest moneys;

• 18(d)

  borrow money;

• 18(e)

  sue or be sued; and

• 18(f)

  do such other things as are conducive to the exercise of its rights, powers and privileges.

• 19Continuation
• 19(1)

  The Sechelt Indian Government District Council, established under subsection 19(1) of the former Act, is continued as the governing body of the District under the name “shíshálh Nation Government District Council.”

• 19(2)Composition of District Council

  The District Council shall consist of the members of the Council.

• 20District to act through District Council

  The District shall act through the District Council in exercising its powers and carrying out its duties and functions.

• 21Transfer to District
• 21(1)

  The Governor in Council may, on the advice of the Minister, by order, transfer any of the powers, duties or functions of the shíshálh Nation or the Council under this Act or the constitution of the Nation to the District, except those relating to membership in the Nation and the disposition of rights or interests in shíshálh lands.

• 21(2)Conditions for order

  The Governor in Council shall not make an order under subsection (1) unless he or she is satisfied that

• 21(2)(a)

  the legislature of British Columbia has passed legislation respecting the District and that legislation is in force; and

• 21(2)(b)

  the transfer of the powers, duties and functions specified in the order has been approved in a referendum held in accordance with the constitution of the Nation.

• 21(3)Transfer — legislation amended

  The Governor in Council may, on the advice of the Minister, by order, transfer to the Nation or the Council, as the case may be, any of the powers, duties and functions that were transferred to the District under subsection (1) or under subsection 21(2) of the former Act, if the legislation referred to in paragraph (2)(a) is amended.

• 21(4)Condition for order

  The Governor in Council shall not make an order under subsection (3) unless he or she is satisfied that the transfer of powers, duties and functions specified in the order has been approved in a referendum held in accordance with the constitution of the Nation.

• 21(5)Transfer — legislation repealed

  The Governor in Council may, on the advice of the Minister, by order, declare that sections 17 to 20 are no longer in force and transfer, to the Nation or the Council, as the case may be, the powers, duties and functions that were transferred to the District under subsection (1) or under subsection 21(2) of the former Act, if the legislation referred to in paragraph (2)(a) is no longer in force.

• 22Additional powers of District

  The District may exercise any legislative power granted to it by or pursuant to an Act of the legislature of British Columbia.

• 23Repealed

  [Repealed, 2022, c. 9, s. 27]

• 24Limitations

  The fee simple title of the shíshálh Nation in the lands transferred to it under section 23 of the former Act is subject to

• 24(a)

  any rights or interests recognized or established by the agreement entered into between Canada and British Columbia on January 26, 1943, relating to the ownership and exploitation of minerals, the British Columbia Indian Reserves Mineral Resources Act, chapter 19 of the Statutes of Canada, 1943-44 and the Indian Reserve Mineral Resource Act of British Columbia, R.S.B.C. 1979, c. 192;

• 24(b)

  the conditions of conveyance set out in British Columbia Order in Council No. 1036 of July 29, 1938, as amended by British Columbia Order in Council No. 1555 of May 13, 1969, in respect of the lands conveyed to Her Majesty in right of Canada by that Order in Council; and

• 24(c)

  any rights or interests under a mortgage, lease, occupation permit, certificate of possession or other grant or authorization in respect of the lands that exist on the coming into force of this section.

• 25Lands for use and benefit of Nation

  The shíshálh Nation holds shíshálh lands for the use and benefit of the Nation and its members.

• 25.1Federal and provincial declarations

  Lands in British Columbia are shíshálh lands if they are declared to be shíshálh lands for the purposes of this Act by both

• 25.1(a)

  the Governor in Council, by order; and

• 25.1(b)

  the Lieutenant Governor in Council of British Columbia.

• 26Power of the Nation

  The shíshálh Nation has full power to dispose of any shíshálh lands and any rights or interests in those lands but shall not do so except in accordance with the procedure established in its constitution.

• 32(1)
• 27Reserve Land Register
• 32(2)Limitation
• 27(1)

  Subject to subsection (2), particulars relating to all transactions respecting shíshálh lands shall be entered in the Reserve Land Register kept under section 21 of the Indian Act.

• 27(2)Exception

  This section does not apply with respect to

• 27(2)(a)

  any shíshálh lands that are registered pursuant to section 28; or

• 27(2)(b)

  the rights or interests in shíshálh lands referred to in sections 30.1 to 30.4.

• 28Laws on registration

  The Council may make laws authorizing the registration, in accordance with the laws of British Columbia, of estates or interests in any shíshálh lands specified in the laws of the Council, and for that purpose may make laws making any laws of British Columbia applicable to those shíshálh lands.

• 29Notice
• 29(1)

  Where a law is made under section 28, the Council shall forthwith

• 29(1)(a)

  cause to be published in a local newspaper of general circulation notice of the law with a legal description of the lands to which it relates; and

• 29(1)(b)

  give notice thereof to the Minister, or a person designated by the Minister for that purpose, and provide the Minister or that person with a copy of the law and a survey plan and legal description of the lands to which it relates.

• 29(2)Minister to provide particulars to Council

  The Minister shall without delay, and in any event not later than 30 days after receipt of notice of a law under subsection (1) in respect of any shíshálh lands,

• 29(2)(a)

  cause to be provided to the Council a list of all particulars entered on the Reserve Land Register kept under section 21 of the Indian Act in respect of those lands; and

• 29(2)(b)

  cause to be sent to any person who appears from the Reserve Land Register to have any right or interest in those lands, at the person’s latest known address, a notice indicating that

• 29(2)(b)(i)

  a law has been made under subsection (1) in respect of those lands, and

• 29(2)(b)(ii)

  that person may not request any modification of the Register unless he does so within the time period referred to in subsection (3).

• 29(3)List to be posted

  The Council shall, immediately on receipt of the list referred to in paragraph (2)(a), cause the list or a copy of it to be posted in a conspicuous place on both the lands to which it relates and at another location on shíshálh lands, and shall indicate on the list that a person can request a modification of the Reserve Land Register only if they do so within 30 days after a date indicated on the list, which date is the date on which the list was provided to the Council.

• 29(4)Request for modification

  Any person may, within the time period referred to in subsection (3), make a request to the Minister for a modification of the Reserve Land Register.

• 29(5)Consideration of request

  The Minister, or a person designated by the Minister for that purpose, shall consider a request under subsection (4) forthwith on receipt, and a decision of the Minister or the designated person on the matter shall be final.

• 30Final list of rights or interests
• 44(1)
• 30(1)

  The Minister shall cause to be prepared, within 10 days after the end of the period referred to in subsection 29(3), a final list of all rights or interests in shíshálh lands in respect of which a shíshálh law is made under section 28.

• 44(2)Term of office
• 30(2)Copies to be provided

  The Minister shall cause a copy of every final list prepared under subsection (1) to be provided forthwith to the Council and to an official designated for that purpose by the government of British Columbia.

• 44(3)Indian Act applies
• 30(3)Final list determinative

  A final list prepared under subsection (1) is for all purposes determinative of all rights and interests in the lands to which it relates as of the time the list is prepared.

• 30.1Agreement — shíshálh Lands Register

  The Minister may enter into an agreement with the shíshálh Nation respecting the establishment of a register, to be known as the shíshálh Lands Register, for the registration of the legal descriptions of shíshálh lands and of rights or interests in those lands.

• 45(1)
• 30.2Establishment of Register

  The Minister shall establish the shíshálh Lands Register in accordance with any agreement entered into under section 30.1.

• 45(2)Membership provisions apply
• 30.3Regulation-making powers
• 30.3(1)

  The Governor in Council may, on the recommendation of the Minister, make regulations respecting the shíshálh Lands Register, including regulations respecting

• 30.3(1)(a)

  the administration of the Register;

• [p157]
• 30.3(1)(b)

  the registration of legal descriptions of shíshálh lands;

• 30.3(1)(c)

  the registration of rights or interests in shíshálh lands and the effects of their registration, including priorities;

• 30.3(1)(d)

  the recording of any other matter; and

• 30.3(1)(e)

  the transfer of the administration of the Register to any person or body.

• 30.3(2)Adaptation of sections 28 to 30

  The Governor in Council may, on the recommendation of the Minister, make regulations respecting the manner in which sections 28 to 30 apply in the case of the establishment of the shíshálh Lands Register under section 30.2, and adapting those sections for the purposes of that application.

• 30.3(3)Collaboration with Nation

  The Minister shall ensure that the shíshálh Nation is afforded a meaningful opportunity to collaborate in policy development leading to the making of regulations under subsection (1) or (2).

• 30.4Rights or interests continued
• 30.4(1)

  On the day on which the shíshálh Lands Register is established, rights or interests in shíshálh lands that are registered in the register referred to in section 27 continue in accordance with their terms.

• 30.4(2)Recording of continued rights or interests

  The shíshálh Nation shall, as soon as practicable after the shíshálh Lands Register is established, record the rights or interests in shíshálh lands continued under subsection (1) in that register.

• 30.4(3)Recording of new rights or interests

  From the day on which the shíshálh Lands Register is established, any registration of new rights or interests in shíshálh lands shall be recorded in that register and not in the register referred to in section 27.

• 30.4(4)Exception

  This section does not apply with respect to any shíshálh lands that are registered pursuant to section 28.

• 31Class 24 of section 91
• 31(1)

  For greater certainty, shíshálh lands are lands reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867.

• 31(2)Clarification

  For greater certainty, lands that cease to be shíshálh lands under subsection 2(2) are not lands reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867.

• 32Administration of transferred moneys

  Moneys transferred under subsection 32(1) of the former Act shall be administered in accordance with the constitution of the shíshálh Nation and shíshálh laws.

• 33Agreements between Minister and Nation

  The Minister may enter into an agreement with the shíshálh Nation under which funding would be provided by the Government of Canada to the Nation in the form of grants over such period of time, and subject to such terms as are specified in the agreement.

• 34Appropriations

  Any amounts required for the purposes of section 33 shall be paid out of such moneys as may be appropriated by Parliament for those purposes.

• 35Application of Indian Act
• 35(1)

  Subject to section 36, the Indian Act applies, with any necessary modifications, in respect of the shíshálh Nation, its members, the Council and shíshálh lands except to the extent that the Indian Act is inconsistent with this Act, the constitution of the Nation or a shíshálh law.