S-1014470-71Elizabeth II2021-2022An 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 ActsAnishinabek Nation Governance Agreement ActAn Act to give effect to the Anishinabek Nation Governance Agreement ...20226
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THE HONOURABLE SENATOR GOLD, P.C.91011SUMMARYPart 1 enacts the Anishinabek Nation Governance Agreement Act and makes related and consequential amendments to other Acts.Part 2 amends the Sechelt Indian Band Self-Government Act to, among other things,include certain elements typically provided for in self-government agreements;specify elements that must be included in the shíshálh Nation’s constitution and set out an obligation to make publicly accessible amendments to the constitution as well as shíshálh laws and amendments to those laws;take into account changes to the names of the Indigenous collective and of certain entities referred to in that Act to better align with the Indigenous language of the collective;clarify that the council of the shíshálh Nation may make laws relating to child and family services;specify the manner in which and the conditions under which lands in British Columbia may become shíshálh lands;allow the Minister of Crown-Indigenous Relations to enter into an agreement with the Nation for the establishment of a shíshálh Lands Register;ensure that entering into funding agreements no longer requires the approval of the Governor in Council; andspecify that the Canadian Charter of Rights and Freedoms applies to the Council, the shíshálh Nation Government District Council and to any administrative bodies and agencies assisting in the administration of the affairs of the Nation.It also amends transitional provisions and makes consequential amendments to other Acts.Part 3 amends the Yukon First Nations Self-Government Act to ensure that entering into funding agreements no longer requires the approval of the Governor in Council.TABLE OF PROVISIONSAn 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 ActsAnishinabek Nation Governance Agreement ActEnactment of ActAn Act to give effect to the Anishinabek Nation Governance Agreement and to make related and consequential amendments to other ActsShort TitleAnishinabek Nation Governance Agreement ActInterpretationDefinitionsNot a treatyAgreementAgreement given effectAgreement prevailsAnishinabek LawsPower to enact lawsApplication of Other ActsIndian ActFirst Nations Elections ActStatutory Instruments ActGeneralJudicial notice — AgreementJudicial notice — Anishinabek lawsNoticeOrders and RegulationsOrders and regulationsAmendment of ScheduleAddition of name of First NationRelated Amendment to the Anishinabek Nation Education Agreement ActConsequential AmendmentsAccess to Information ActPrivacy ActCoordinating Amendments2013, c. 25Coming into ForceOrder in councilSechelt Indian Band Self-Government ActAmendments to the ActConsequential AmendmentsExpropriation ActFishing and Recreational Harbours ActCanada Lands Surveys ActPayments in Lieu of Taxes ActPrivacy ActSpecific Claims Tribunal ActCanadian Energy Regulator ActYukon First Nations Self-Government ActHer Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Anishinabek Nation Governance Agreement ActEnactment of Act
EnactmentThe Anishinabek Nation Governance Agreement Act, whose text is as follows and whose schedule is set out in the schedule to this Act, is enacted:An Act to give effect to the Anishinabek Nation Governance Agreement and to make related and consequential amendments to other ActsPreambleWhereas the Government of Canada is committed to achieving reconciliation with First Nations through renewed nation-to-nation relationships based on recognition of rights, respect, cooperation and partnership;Whereas the Government of Canada recognizes that the inherent right of self-government is a right of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;Whereas the Anishinabek Nation Governance Agreement specifies that the First Nations and the Anishinabek Nation may enact laws in respect of governance, as well as in respect of Anishinabek culture and languages;Whereas the Agreement provides that the parties may enter into additional self-government agreements in relation to other law-making powers, and that those agreements would become part of the Agreement, unless the parties agree otherwise;Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples and the parties to the Agreement view it as contributing to the implementation of that declaration;And whereas ratification of the Agreement requires the coming into force of an Act of Parliament that gives effect to it;Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the Anishinabek Nation Governance Agreement Act.
Interpretation
DefinitionsThe following definitions apply in this Act.Agreement means the Anishinabek Nation Governance Agreement, signed on April 6, 2022, including any amendments made to it. (accord)Anishinabek law means a law made by a First Nation or the Anishinabek Nation under section 6. (texte législatif anishinabe)Anishinabek Nation Government has the same meaning as in section 1.1 of the Agreement. (gouvernement de la Nation des Anishinabes)band has the same meaning as in subsection 2(1) of the Indian Act. (bande)citizen means a citizen — an “E’Dbendaagzijig” — of a First Nation, within the meaning of section 1.1 of the Agreement, or of the Anishinabek Nation, under section 4.15 of the Agreement.  (citoyen)constitution means a constitution ratified by a First Nation or the Anishinabek Nation in accordance with the Agreement. (constitution)First Nation means, except in subsection 14(1), a band that is named in the schedule. (première nation)First Nation Government has the same meaning as in section 1.1 of the Agreement. (gouvernement de la première nation)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)
Not a treatyThe Agreement is not a treaty within the meaning of section 35 of the Constitution Act, 1982.
Agreement
Agreement given effectThe Agreement is approved, given effect and declared valid and has the force of law.Rights and obligationsFor greater certainty, a person or body has the powers, rights, privileges and benefits conferred on the person or body by the Agreement and must perform the duties, and is subject to the liabilities, imposed on the person or body by the Agreement.Agreement bindingFor greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies.
Agreement prevailsIn the event of any inconsistency or conflict between the Agreement and the provisions of any Act of Parliament, or of any regulation made under an Act of Parliament, the Agreement prevails to the extent of the inconsistency or conflict.Act prevailsIn the event of any inconsistency or conflict between the provisions of this Act and the provisions of any other Act of Parliament, or of any regulation made under any other Act of Parliament, the provisions of this Act prevail to the extent of the inconsistency or conflict.
Anishinabek Laws
Power to enact lawsA First Nation or the Anishinabek Nation, as the case may be, may, in accordance with the applicable constitution and the Agreement, make laws respectingthe selection of government representatives;the determination of who is a citizen, as well as the rights, privileges and responsibilities associated with being a citizen;the management and operation of government;the preservation, promotion and development of culture and language; andany other matters covered by any additional self-government agreements entered into by the First Nations, the Anishinabek Nation and the Government of Canada in accordance with Chapter 13 of the Agreement.
Application of Other Acts
Indian ActSubject to subsections (2) to (4), the Indian Act continues to apply in respect of every First Nation, its citizens and its reserve as of the day of coming into force of section 4.Indian Act — sections 8 to 14Sections 8 to 14 of the Indian Act cease to apply in respect of the First Nation and its members on the day on which a law referred to in paragraph 6(b) made by that First Nation comes into force.Indian Act — sections 74 to 79Sections 74 to 79 of the Indian Act cease to apply in respect of the First Nation and its members on the day on which a law referred to in paragraph 6(a) made by that First Nation comes into force.Indian Act — section 80Section 80 of the Indian Act ceases to apply in respect of First Nations and their members on the day on which section 4 comes into force.Indian Act — definitionsFor the purposes of the continuing application of the Indian Act under this section, the definitions band, council of the band and member of a band in subsection 2(1) of that Act have the meaning assigned to First Nation, First Nation Government and citizen, respectively, in section 2.
First Nations Elections ActThe First Nations Elections Act ceases to apply in respect of a First Nation and its members on the day on which a law referred to in paragraph 6(a) made by that First Nation comes into force.
Statutory Instruments ActAn Anishinabek law and any regulation or order made under it are not statutory instruments for the purposes of the Statutory Instruments Act.
General
Judicial notice — AgreementJudicial notice must be taken of the Agreement.PublicationThe Agreement must be published by the Queen’s Printer.EvidenceA copy of the Agreement published by the Queen’s Printer is evidence of the Agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is presumed to be so published unless the contrary is shown.
Judicial notice — Anishinabek lawsJudicial notice must be taken of an Anishinabek law that is registered in the official registry of laws maintained by a First Nation or the Anishinabek Nation in accordance with the Agreement.EvidenceA copy of an Anishinabek law purporting to be registered in an official registry of laws referred to in subsection (1) is evidence of that law and of its contents, unless the contrary is shown.
NoticeIf an issue arises in any judicial or administrative proceeding in respect of the interpretation or validity of a provision of the Agreement, this Act or an Anishinabek law, then the issue must not be decided until the party raising the issue has served noticeon the Attorney General of Canada and the Anishinabek Nation Government, in the case of a provision of the Agreement or this Act;on the Anishinabek Nation Government, in the case of a provision of a law of the Anishinabek Nation; andon the First Nation Government, in the case of a provision of a law of a First Nation.Content and timingThe notice mustdescribe the proceeding;state the subject matter of the issue;state the day on which the issue is to be argued;give the particulars that are necessary to show the point to be argued; andbe served at least 30 days before the day on which the issue is to be argued, unless the court or tribunal authorizes a shorter period.Participation in proceedingsIn any proceeding, the recipient of a notice may appear and participate as a party with the same rights as any other party.ClarificationFor greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.
Orders and Regulations
Orders and regulationsThe Governor in Council may make any orders or regulations that the Governor in Council considers necessary for the purpose of carrying out the Agreement or other agreements related to the implementation of the Agreement.
Amendment of Schedule
Addition of name of First NationThe Governor in Council may, by order, add the name of any First Nation to the schedule if the Governor in Council is satisfied that the First Nation has, in a manner consistent with the Agreement, ratified the Agreement and has a constitution.Amendment or removalThe Governor in Council may, by order, amend the schedule to amend or remove the name of a First Nation if the Governor in Council is satisfied that consent to the amendment or removal was obtained in a manner consistent with the Agreement.
2017, c. 32Related Amendment to the Anishinabek Nation Education Agreement Act
Subsection 3(2) of the Anishinabek Nation Education Agreement Act is replaced by the following:Act prevailsSubject to subsection (3), in the event of an inconsistency or conflict between the provisions of this Act and the provisions of any other Act of Parliament, or of any regulation made under any other Act of Parliament, the provisions of this Act prevail to the extent of the inconsistency or conflict.Anishinabek Nation Governance Agreement ActThe provisions of the Anishinabek Nation Governance Agreement Act prevail over the provisions of this Act, and of any regulation made under this Act, to the extent of any inconsistency or conflict between them.Anishinabek Nation Education Agreement ActExisting text of subsection 3(2):In the event of an inconsistency or conflict between the provisions of this Act and the provisions of any other Act of Parliament, or of any regulation made under any other Act of Parliament, the provisions of this Act prevail to the extent of the inconsistency or conflict.
Consequential AmendmentsR.S., c. A-1Access to Information Act
Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (h), by adding “or” at the end of paragraph (i) and by adding the following after paragraph (i):a First Nation Government or the Anishinabek Nation Government, as defined in section 2 of the Anishinabek Nation Governance Agreement Act, or an Anishinaabe Institution, within the meaning of section 1.1 of the Agreement, as defined in section 2 of that Act.Access to Information ActRelevant portion of subsection 13(3):The expression aboriginal government in paragraph (1)(e) means
R.S., c. P-21Privacy Act
2017, c. 32, s. 18(1)Paragraph 8(2)(f) of the Privacy Act is replaced by the following:for the purpose of administering or enforcing any law or carrying out a lawful investigation, under an agreement or arrangement between the Government of Canada or any of its institutions and any of the following entities or any of their institutions:the government of a foreign state,an international organization of states or an international organization established by the governments of states,the government of a province,the council of the Westbank First Nation,the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act,the council of a participating First Nation as defined in section 2 of the Anishinabek Nation Education Agreement Act,a First Nation Government or the Anishinabek Nation Government, as defined in section 2 of the Anishinabek Nation Governance Agreement Act, or an Anishinaabe Institution, within the meaning of section 1.1 of the Agreement, as defined in section 2 of that Act;Privacy ActRelevant portion of subsection 8(2):Subject to any other Act of Parliament, personal information under the control of a government institution may be disclosed under an agreement or arrangement between the Government of Canada or any of its institutions and the government of a province, the council of the Westbank First Nation, the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act, the council of a participating First Nation as defined in section 2 of the Anishinabek Nation Education Agreement Act, the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, for the purpose of administering or enforcing any law or carrying out a lawful investigation;Subsection 8(7) of the Act is amended by striking out “or” at the end of paragraph (h), by adding “or” at the end of paragraph (i) and by adding the following after paragraph (i):a First Nation Government or the Anishinabek Nation Government, as defined in section 2 of the Anishinabek Nation Governance Agreement Act, or an Anishinaabe Institution, within the meaning of section 1.1 of the Agreement, as defined in section 2 of that Act.Relevant portion of subsection 8(7):The expression aboriginal government in paragraph (2)(k) means
Subsection 19(1) of the Act is amended by striking out “or” at the end of paragraph (e), by adding “or” at the end of paragraph (f) and by adding the following after paragraph (f):a First Nation Government or the Anishinabek Nation Government, as defined in section 2 of the Anishinabek Nation Governance Agreement Act, or an Anishinaabe Institution, within the meaning of section 1.1 of the Agreement, as defined in section 2 of that Act.Relevant portion of subsection 19(1):
Subject to subsection (2), the head of a government institution shall refuse to disclose any personal information requested under subsection 12(1) that was obtained in confidence from
Coordinating Amendments
2013, c. 25In this section, other Act means the Yale First Nation Final Agreement Act.If section 20 of the other Act comes into force before section 3 of this Act, then that section 3 is replaced by the following:
Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):a First Nation Government or the Anishinabek Nation Government, as defined in section 2 of the Anishinabek Nation Governance Agreement Act, or an Anishinaabe Institution, within the meaning of section 1.1 of the Agreement, as defined in section 2 of that Act.
If section 3 of this Act comes into force before section 20 of the other Act, then that section 20 is replaced by the following:
Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):the Yale First Nation Government, as defined in subsection 2(2) of the Yale First Nation Final Agreement Act.
If section 20 of the other Act comes into force on the same day as section 3 of this Act, then that section 20 is deemed to have come into force before that section 3 and subsection (2) applies as a consequence.If section 23 of the other Act comes into force before subsection 4(2) of this Act, then that subsection 4(2) is replaced by the following:Subsection 8(7) of the Act is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):a First Nation Government or the Anishinabek Nation Government, as defined in section 2 of the Anishinabek Nation Governance Agreement Act, or an Anishinaabe Institution, within the meaning of section 1.1 of the Agreement, as defined in section 2 of that Act.If subsection 4(2) of this Act comes into force before section 23 of the other Act, then that section 23 is replaced by the following:
Subsection 8(7) of the Privacy Act is amended by striking out “or” at the end of paragraph (i), by adding “or’’ at the end of paragraph (j) and by adding the following after paragraph (j):the Yale First Nation Government, as defined in subsection 2(2) of the Yale First Nation Final Agreement Act.
If section 23 of the other Act comes into force on the same day as subsection 4(2) of this Act, then that section 23 is deemed to have come into force before that subsection 4(2) and subsection (5) applies as a consequence.
Coming into Force
Order in councilThis Part, other than section 6, comes into force on a day to be fixed by order of the Governor in Council.
1986, c. 27Sechelt Indian Band Self-Government ActAmendments to the Act
The long title of the Sechelt Indian Band Self-Government Act is replaced by the following:An Act respecting shíshálh Nation self-governmentSechelt Indian Band Self-Government ActExisting text of the long title:An Act relating to self-government for the Sechelt Indian Band
The preamble to the Act is replaced by the following:PreambleWhereas the Government of Canada is committed toachieving reconciliation with the shíshálh Nation and other First Nations, through renewed nation-to-nation relationships based on recognition of rights, respect, cooperation and partnership,responding, to the extent of its authority, to the Calls to Action in the Final Report of the Truth and Reconciliation Commission of Canada and the Calls for Justice in the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, andimplementing the United Nations Declaration on the Rights of Indigenous Peoples;Whereas the Government of Canada recognizes that the inherent right of self-government is a right recognized and affirmed by section 35 of the Constitution Act, 1982;Whereas the Government of Canada also recognizes the shíshálh Nation’s unique connection to the land and resources, and that maintaining this connection is essential to the preservation of the Nation’s culture, health, economy, laws, systems of governance and, consequently, to the future of the Nation;Whereas the members of the Indian Act Sechelt band, in a referendum held on March 15, 1986, approved ofthe enactment of legislation substantially as set out in the Sechelt Indian Band Self-Government Act, as it read on October 9, 1986, for the purpose of enabling the Sechelt Indian Band to exercise self-government over its lands, andthe transfer by Her Majesty in right of Canada to the Sechelt Indian Band of fee simple title in all Sechelt reserve lands, recognizing that the Sechelt Indian Band would assume complete responsibility, in accordance with the Sechelt Indian Band Self-Government Act, as it read on that date, for the management, administration and control of all Sechelt lands;And whereas it is appropriate, based on collaborative exchanges between the Government of Canada and the shíshálh Nation, to include in this Act certain elements provided for in self-government agreements;Existing text of the preamble:WHEREAS Parliament and the government of Canada are committed to enabling Indian bands that wish to exercise self-government on lands set apart for those bands to do so;AND WHEREAS the members of the Indian Act Sechelt band, in a referendum held on March 15, 1986, approved ofthe enactment of legislation substantially as set out in this Act for the purpose of enabling the Sechelt Band to exercise self-government over its lands, andthe transfer by Her Majesty in right of Canada to the Sechelt Indian Band of fee simple title in all Sechelt reserve lands, recognizing that the Sechelt Indian Band would assume complete responsibility, in accordance with this Act, for the management, administration and control of all Sechelt lands;
Section 1 of the Act is replaced by the following:
Short titleThis Act may be cited as the shíshálh Nation Self-Government Act.
Existing text of section 1:
This Act may be cited as the Sechelt Indian Band Self-Government Act.
The heading before section 2 of the French version of the Act is replaced by the following:Définitions et interprétationExisting text of the heading:Interpretation
The definitions Band and Sechelt lands in subsection 2(1) of the Act are repealed.Existing text of the definitions:Band means the Sechelt Indian Band established by subsection 5(1); (bande)Council means the Sechelt Indian Band Council referred to in section 8; (conseil)District means the Sechelt Indian Government District recognized by section 17; (district)District Council means the Sechelt Indian Government District Council established by subsection 19(1); (conseil de district)Sechelt lands meanslands transferred to the Band under section 23, andlands that are declared by the Governor in Council and the Lieutenant Governor in Council of British Columbia to be Sechelt lands for the purposes of this Act. (terres secheltes)The definitions Council and District in subsection 2(1) of the Act are replaced by the following: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)District means the shíshálh Nation Government District referred to in section 17; (district)The definition District Council in subsection 2(1) of the English version of the Act is replaced by the following:District Council means the shíshálh Nation Government District Council established by subsection 19(1); (conseil de district)Subsection 2(1) of the Act is amended by adding the following in alphabetical order: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)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)Sechelt Indian Band means the Band established by subsection 5(1) of the former Act; (bande indienne sechelte)shíshálh lands meanslands transferred to the Sechelt Indian Band on October 9, 1986 under section 23 of the former Act, orlands described in declarations referred to in section 25.1; (terres shishalhes)shíshálh law means a law made by the Council under section 14 or 28. (loi shishalhe)shíshálh Nation means the Nation referred to in section 5; (Nation shishalhe)New.Subsection 2(2) of the Act is replaced by the following:Lands ceasing to be shíshálh landsAny shíshálh lands to which the title is sold or otherwise transferred cease to be shíshálh lands.Existing text of subsection 2(2):For greater certainty, Sechelt lands do not include lands described in the definition “Sechelt lands” in subsection (1) where the lands have been sold or the title to the lands has been otherwise transferred.
Section 3 of the Act is replaced by the following:
Rights of Indigenous peoplesThis 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.
Rights of shíshálh NationFor greater certainty, nothing in this Act shall be construed aslimiting or restricting the position of the shíshálh Nation or any other person with respect toany 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, orthe Nation’s identity as an Indigenous people of Canada; orrestricting 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.
Existing text of section 3:
For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the members of the Sechelt Indian Band, or any other aboriginal peoples of Canada, under section 35 of the Constitution Act, 1982.
Sections 4 and 5 of the Act are replaced by the following:
PurposesThe purposes of this Act are tosupport the exercise of aspects of the shíshálh Nation’s inherent right of self-government;support the Nation in its control over and administration of the resources and services available to its members; andcontribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples as it relates to the self-government of the Nation.
shíshálh Nation
ContinuationThe Sechelt Indian Band, established under subsection 5(1) of the former Act, is continued under the name “shíshálh Nation” and, for greater certainty,the rights, titles, interests, assets, obligations and liabilities of the Sechelt Indian Band, including those of its council, are those of the Nation; andthe members of the Sechelt Indian Band are the members of the Nation.
Existing text of sections 4 and 5:
The purposes of this Act are to enable the Sechelt Indian Band to exercise and maintain self-government on Sechelt lands and to obtain control over and the administration of the resources and services available to its members.
Sechelt Indian Band
The Sechelt Indian Band is hereby established to replace the Indian Act Sechelt band.The Indian Act Sechelt band ceases to exist, and all its rights, titles, interests, assets, obligations and liabilities, including those of its band council, vest in the Sechelt Indian Band established under subsection (1).
The heading before section 6 of the Act is replaced by the following:Capacity and Powers of shíshálh NationExisting text of the heading:Capacity and Powers of Band
The portion of section 6 of the Act before paragraph (a) is replaced by the following:
Capacity of NationThe 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
Relevant portion of section 6:
The Band 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 acquire and hold property or any interest therein, and sell or otherwise dispose of that property or interest;
Paragraph 6(b) of the Act is replaced by the following:acquire and hold property or any right or interest in it, and sell or otherwise dispose of that property, right or interest;
Sections 7 to 9 of the Act are replaced by the following:
Nation subject to its constitutionThe powers and duties of the shíshálh Nation shall be carried out in accordance with its constitution.
Council of shíshálh Nation
Governing bodyThe 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.Election of membersThe members of the council continued under subsection (1) shall be elected in accordance with the constitution of the Nation.
Nation to act through CouncilThe shíshálh Nation shall act through the Council in exercising its powers and carrying out its duties and functions.
Existing text of sections 7 to 9:
The powers and duties of the Band shall be carried out in accordance with its constitution.
Sechelt Indian Band Council
The Sechelt Indian Band Council shall be the governing body of the Band, and its members shall be elected in accordance with the constitution of the Band.
The Band shall act through the Council in exercising its powers and carrying out its duties and functions.
The heading before section 10 of the Act is replaced by the following:Constitution of shíshálh NationExisting text of the heading:Band Constitution
The portion of subsection 10(1) of the Act before paragraph (a) is replaced by the following:
Elements of constitutionThe constitution of the shíshálh Nation shall be in writing and shall
Relevant portion of subsection 10(1):
The constitution of the Band shall be in writing and may establish the procedures or processes to be followed by the Council in exercising the Band’s powers and carrying out its duties;provide for a system of financial accountability of the Council to the members of the Band, including audit arrangements and the publication of financial reports;include a membership code for the Band;establish rules and procedures relating to the holding of referenda referred to in section 12 or subsection 21(3) or provided for in the constitution of the Band;establish rules and procedures to be followed in respect of the disposition of rights and interests in Sechelt lands; provide for any other matters relating to the government of the Band, its members or Sechelt lands.
Paragraphs 10(1)(b) and (c) of the Act are replaced by the following:establish the procedures or processes to be followed by the Council in exercising the Nation’s powers and carrying out its duties;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;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;provide for conflict of interest rules;Paragraph 10(1)(d) of the English version of the Act is replaced by the following:include a membership code for the Nation;Paragraphs 10(1)(e) and (f) of the Act are replaced by the following: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;establish rules and procedures to be followed in respect of the disposition of rights or interests in shíshálh lands;Subsection 10(1) of the Act is amended by striking out “and” at the end of paragraph (g) and by replacing paragraph (h) with the following:establish rules and procedures for the making and amending of shíshálh laws; andprovide 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.Subsection 10(2) of the Act is replaced by the following:Membership codeAny 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.Existing text of subsection 10(2):A membership code established in the constitution of the Band shall respect rights to membership in the Indian Act Sechelt band acquired under the Indian Act immediately prior to the establishment of that code.
Sections 11 to 13 of the Act are replaced by the following:
Amendment to constitutionThe 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.
Publication of amendmentsThe Council shall, as soon as practicable after making a declaration under section 12, make any amendment to the constitution publicly accessibleon the shíshálh Nation’s website;in the First Nations Gazette; orin any other manner that the Council considers equivalent and that allows the public to readily access the amendment.
Existing text of sections 11 to 13:
The Governor in Council may, on the advice of the Minister, by order, declare that the constitution of the Band is in force, ifthe constitution includes or provides for the matters set out in paragraphs 10(1)(a) to (f);the constitution has the support of a majority of the electors of the Indian Act Sechelt band or of the Sechelt Indian Band; andthe Governor in Council approves the constitution.The support of a majority of the electors of the Indian Act Sechelt band or of the Sechelt Indian Band shall, for the purposes of this section, be established by a referendum held in accordance with the Indian Referendum Regulations.
Amendment to Band Constitution
The Governor in Council may, on the advice of the Minister, by order, declare in force an amendment to the constitution of the Band, if the amendment has been approved in a referendum held in accordance with the constitution of the Band and the Governor in Council approves the amendment.
Publication of Constitution and Amendments
The Minister shall cause to be published in the Canada Gazette the constitution or any amendment thereto forthwith on issuing an order declaring the constitution or amendment in force under this Act.
The portion of subsection 14(1) of the Act before paragraph (b) is replaced by the following:
Legislative powersThe 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:access to and residence on shíshálh lands;
Relevant portion of subsection 14(1):
The Council has, to the extent that it is authorized by the constitution of the Band to do so, the power to make laws in relation to matters coming within any of the following classes of matters:access to and residence on Sechelt lands;zoning and land use planning in respect of Sechelt lands;expropriation, for community purposes, of interests in Sechelt lands by the Band;the use, construction, maintenance, repair and demolition of buildings and structures on Sechelt lands;taxation, for local purposes, of interests in Sechelt lands, and of occupants and tenants of Sechelt lands in respect of their interests in those lands, including assessment, collection and enforcement procedures and appeals relating thereto;the administration and management of property belonging to the Band;education of Band members on Sechelt lands;social and welfare services with respect to Band members, including, without restricting the generality of the foregoing, the custody and placement of children of Band members;health services on Sechelt lands;the preservation and management of natural resources on Sechelt lands;the preservation, protection and management of fur-bearing animals, fish and game on Sechelt lands;public order and safety on Sechelt lands;the construction, maintenance and management of roads and the regulation of traffic on Sechelt lands;the operation of businesses, professions and trades on Sechelt lands;the prohibition of the sale, barter, supply, manufacture or possession of intoxicants on Sechelt lands and any exceptions to a prohibition of possession;subject to subsection (2), the imposition on summary conviction of fines or imprisonment for the contravention of any law made by the Band government;the devolution, by testate or intestate succession, of real property of Band members on Sechelt lands and personal property of Band members ordinarily resident on Sechelt lands;financial administration of the Band;the conduct of Band elections and referenda;the creation of administrative bodies and agencies to assist in the administration of the affairs of the Band; andmatters related to the good government of the Band, its members or Sechelt lands.
Paragraph 14(1)(b) of the English version of the Act is replaced by the following:zoning and land use planning in respect of shíshálh lands;Paragraph 14(1)(c) of the Act is replaced by the following:the creation and regulation of rights or interests in shíshálh lands;the expropriation by the Nation, for community purposes, of rights or interests in shíshálh lands;Paragraph 14(1)(d) of the English version of the Act is replaced by the following:the use, construction, maintenance, repair and demolition of buildings and structures on shíshálh lands;Paragraphs 14(1)(e) to (h) of the Act are replaced by the following: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;the administration and management of property belonging to the Nation;the education of members of the Nation on shíshálh lands;social and welfare services with respect to members of the Nation;child and family services with respect to the Nation’s families and children, including the custody, placement and care of the Nation’s children;Paragraphs 14(1)(i) to (n) of the English version of the Act are replaced by the following:health services on shíshálh lands;the preservation and management of natural resources on shíshálh lands;the preservation, protection and management of fur-bearing animals, fish and game on shíshálh lands;public order and safety on shíshálh lands;the construction, maintenance and management of roads and the regulation of traffic on shíshálh lands;the operation of businesses, professions and trades on shíshálh lands;Paragraphs 14(1)(o) to (r) of the Act are replaced by the following:the prohibition of the sale, barter, supply, manufacture or possession of intoxicants on shíshálh lands and any exceptions to a prohibition of possession;subject to subsection (2), the imposition on summary conviction of fines or imprisonment for the contravention of any shíshálh laws;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;financial administration of the Nation;Paragraph 14(1)(s) of the English version of the Act is replaced by the following:the conduct of the Nation’s elections and referenda;Paragraphs 14(1)(t) and (u) of the Act are replaced by the following:the creation of administrative bodies and agencies to assist in the administration of the affairs of the Nation; andmatters related to the good government of the Nation, its members or shíshálh lands.Section 14 of the Act is amended by adding the following after subsection (1):ClarificationFor 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.New.
The Act is amended by adding the following after section 14:
Publication of shíshálh lawsThe Council shall, as soon as practicable after a shíshálh law, or any amendment to it, is made, make that law or amendment publicly accessibleon the shíshálh Nation’s website;in the First Nations Gazette; orin any other manner that the Council considers equivalent and that allows the public to readily access the laws and any amendment to them.
New.
Sections 16 and 17 of the Act are replaced by the following:
Constitution prevailsIn 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.
Non-application of Statutory Instruments ActThe Statutory Instruments Act does not apply to a shíshálh law.shíshálh Nation Government District
ContinuationThe 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).
Existing text of sections 16 and 17:
The Statutory Instruments Act does not apply to a law enacted by the Council.
Sechelt Indian Government District
There is hereby recognized the Sechelt Indian Government District, which shall have jurisdiction over all Sechelt lands.
The portion of section 18 of the French version of the Act before paragraph (a) is replaced by the following:
CapacitéLe district est une entité juridique dotée de la capacité et des droits, pouvoirs et privilèges d’une personne physique. Il peut notamment :
Relevant portion of section 18:
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 acquire and hold property or any interest therein, and sell or otherwise dispose of that property or interest;
Paragraph 18(b) of the Act is replaced by the following:acquire and hold property or any right or interest in it, and sell or otherwise dispose of that property, right or interest;
Subsection 19(1) of the Act is replaced by the following:
ContinuationThe 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.”
Existing text of subsection 19(1):
There is hereby established the Sechelt Indian Government District Council, which shall be the governing body of the District.
Section 21 of the Act is replaced by the following:
Transfer to DistrictThe 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.Conditions for orderThe Governor in Council shall not make an order under subsection (1) unless he or she is satisfied thatthe legislature of British Columbia has passed legislation respecting the District and that legislation is in force; andthe 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.Transfer — legislation amendedThe 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.Condition for orderThe 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.Transfer — legislation repealedThe 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.
Existing text of section 21:
Sections 17 to 20 shall come into force in accordance with this section.The Governor in Council may, subject to subsection (3), on the advice of the Minister, by order, declare that sections 17 to 20 are in force and transfer any of the powers, duties or functions of the Band or the Council under this Act or the constitution of the Band to the District, except those relating to membership in the Band and the disposition of rights or interests in Sechelt lands.The Governor in Council shall not make an order under subsection (2) unless he is satisfied thatthe legislature of British Columbia has passed legislation respecting the District and the legislation is in force in British Columbia; andthe transfer of the powers specified in the order has been approved in a referendum held in accordance with the constitution of the Band.The Governor in Council may, on the advice of the Minister, by order, transfer any of the powers, duties and functions that were transferred to the District under subsection (2) back to the Band or the Council, as the case may be, if the legislation referred to in paragraph (3)(a) is amended.The Governor in Council shall not make an order under subsection (4) unless he is satisfied that the transfer of powers specified in the order has been approved in a referendum held in accordance with the constitution of the Band.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 the powers, duties and functions that were transferred to the District under subsection (2) back to the Band if the legislation referred to in paragraph (3)(a) is no longer in force.
Section 23 of the Act is repealed.Existing text of section 23:
The title to all lands that were, immediately prior to the coming into force of this section, reserves, within the meaning of the Indian Act, of the Indian Act Sechelt band is hereby transferred in fee simple to the Band, subject to the rights, interests and conditions referred to in section 24.In subsection (1), reserves includes surrendered lands, within the meaning of the Indian Act, that have not been sold or the title to which has not been otherwise transferred.All rights and interests of the Indian Act Sechelt band in respect of the lands referred to in subsection (1) cease to exist on the coming into force of this section.Forthwith on the coming into force of this section the Governor in Council shall cause to be issued under the Great Seal of Canada letters patent confirming the transfer of, and describing, the lands referred to in subsection (1).
The portion of section 24 of the Act before paragraph (b) is replaced by the following:
LimitationsThe fee simple title of the shíshálh Nation in the lands transferred to it under section 23 of the former Act is subject toany 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;
Relevant portion of section 24:
The fee simple title of the Band in the lands transferred to it under section 23 is subject toany 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, being chapter 19 of the Statutes of Canada, 1943-44 and the Indian Reserves Minerals Resources Act, being chapter 192 of the Revised Statutes of British Columbia, 1979, all as amended from time to time; 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.
Paragraph 24(c) of the French version of the Act is replaced by the following:aux droits ou intérêts conférés par tout titre — hypothèque, bail, permis d’occupation, certificat de possession ou autre — en cours de validité à l’égard des terres à l’entrée en vigueur du présent article.
Sections 25 to 28 of the Act are replaced by the following:
Lands for use and benefit of NationThe shíshálh Nation holds shíshálh lands for the use and benefit of the Nation and its members.
Lands Declared to be shíshálh Lands
Federal and provincial declarationsLands in British Columbia are shíshálh lands if they are declared to be shíshálh lands for the purposes of this Act by boththe Governor in Council, by order; andthe Lieutenant Governor in Council of British Columbia.
Disposition of shíshálh Lands
Power of the NationThe 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.
Registration of shíshálh Lands
Reserve Land RegisterSubject 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.ExceptionThis section does not apply with respect toany shíshálh lands that are registered pursuant to section 28; orthe rights or interests in shíshálh lands referred to in sections 30.1 to 30.4.
Laws on registrationThe 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.
Existing text of sections 25 to 28:
The Band holds the lands transferred to it under section 23 for the use and benefit of the Band and its members.
Disposition of Sechelt Lands
The Band has full power to dispose of any Sechelt lands and any rights or interests therein but shall not do so except in accordance with the procedure established in the constitution of the Band.
Registration of Sechelt Lands
Subject to subsection (2), particulars relating to all transactions respecting Sechelt lands shall be entered in the Reserve Land Register kept under section 21 of the Indian Act.This section does not apply with respect to any Sechelt lands that are registered pursuant to section 28.
The Council may make laws authorizing the registration, in accordance with the laws of British Columbia, of estates or interests in any Sechelt lands specified in the laws of the Council, and for that purpose may make laws making any laws of British Columbia applicable to those Sechelt lands.
The portion of subsection 29(2) of the Act before subparagraph (b)(i) is replaced by the following:Minister to provide particulars to CouncilThe 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,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; andcause 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 thatRelevant portion of subsection 29(2):The Minister shall forthwith, and in any event not later than thirty days after receipt of notice of a law under subsection (1) in respect of any Sechelt lands,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; andcause to be sent to any person who appears from the Reserve Land Register to have any interest in those lands, at his latest known address, a notice indicating thatSubsection 29(3) of the Act is replaced by the following:List to be postedThe 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.Existing text of subsection 29(3):The Council shall, forthwith on receiving the list referred to in paragraph (2)(a), cause the list or a copy thereof to be posted in a conspicuous place on the lands to which the list relates, and in another conspicuous place within the Sechelt community, and shall indicate thereon that no person may request a modification of the Reserve Land Register unless he does so within thirty days after a date indicated on the list, which date shall be the date on which the list was provided to the Council.
Subsection 30(1) of the Act is replaced by the following:
Final list of rights or interestsThe 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.
Existing text of subsection 30(1):
The Minister shall cause to be prepared, not later than ten days after the expiration of the period referred to in subsection 29(3), a final list of all rights and interests in Sechelt lands in respect of which laws are made under section 28.
Subsection 30(3) of the French version of the Act is replaced by the following:Caractère de la listeLa liste définitive est la seule référence quant aux droits ou intérêts sur les terres qu’elle vise à compter de la date de son établissement.Existing text of subsection 30(3):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.
Section 31 of the Act and the heading before it are replaced by the following:
Agreement — shíshálh Lands RegisterThe 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.
Establishment of RegisterThe Minister shall establish the shíshálh Lands Register in accordance with any agreement entered into under section 30.1.
Regulation-making powersThe Governor in Council may, on the recommendation of the Minister, make regulations respecting the shíshálh Lands Register, including regulations respectingthe administration of the Register;the registration of legal descriptions of shíshálh lands;the registration of rights or interests in shíshálh lands and the effects of their registration, including priorities;the recording of any other matter; andthe transfer of the administration of the Register to any person or body.Adaptation of sections 28 to 30The 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.Collaboration with NationThe 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).
Rights or interests continuedOn 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.Recording of continued rights or interestsThe 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.Recording of new rights or interestsFrom 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.ExceptionThis section does not apply with respect to any shíshálh lands that are registered pursuant to section 28.
shíshálh Lands
Class 24 of section 91For greater certainty, shíshálh lands are lands reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867.ClarificationFor 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.
Existing text of the heading and section 31:Sechelt Lands
For greater certainty, Sechelt lands are lands reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867.
Section 32 of the Act is replaced by the following:
Administration of transferred moneysMoneys transferred under subsection 32(1) of the former Act shall be administered in accordance with the constitution of the shíshálh Nation and shíshálh laws.
Existing text of section 32:
Moneys held by Her Majesty in right of Canada for the use and benefit of the Indian Act Sechelt band shall be transferred to the Band.Moneys transferred under this section shall be administered in accordance with the constitution and laws of the Band.
Section 33 of the Act is replaced by the following:
Agreements between Minister and NationThe 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.
Existing text of section 33:
The Minister may, with the approval of the Governor in Council, enter into an agreement with the Band under which funding would be provided by the government of Canada to the Band in the form of grants over such period of time, and subject to such terms and conditions, as are specified in the agreement.
Sections 35 and 36 of the Act are replaced by the following:
Application of Indian ActSubject 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.IndiansFor greater certainty, the Indian Act applies for the purpose of determining which members of the Nation are Indians within the meaning of that Act.Taxation provisionsFor greater certainty, section 87 of the Indian Act applies, with any necessary modifications, in respect of the Nation and its members who are Indians within the meaning of that Act, subject to any shíshálh law in relation to the class of matters set out in paragraph 14(1)(e).
Non-application of Indian ActThe Governor in Council may, on the advice of the Minister, by order,declare that the Indian Act or any provision of that Act does not apply to the shíshálh Nation, its members or any portion of shíshálh lands; andrevoke any such order.
Existing text of sections 35 and 36:
Subject to section 36, the Indian Act applies, with such modifications as the circumstances require, in respect of the Band, its members, the Council and Sechelt lands except to the extent that the Indian Act is inconsistent with this Act, the constitution of the Band or a law of the Band.For greater certainty, the Indian Act applies for the purpose of determining which members of the Band are “Indians” within the meaning of that Act.For greater certainty, section 87 of the Indian Act applies, with such modifications as the circumstances require, in respect of the Band and its members who are Indians within the meaning of that Act, subject to any laws made by the Council in relation to the class of matters set out in paragraph 14(1)(e).
The Governor in Council may, on the advice of the Minister, by order declare that the Indian Act or any provision thereof does not apply tothe Band or its members, orany portion of Sechelt lands,and may, on the advice of the Minister, by order revoke any such order.
Section 37 of the Act is replaced by the following:
Federal laws of general applicationAll federal laws of general application in force in Canada apply in respect of the shíshálh Nation, its members and shíshálh lands except to the extent that those laws are inconsistent with this Act.
Canadian Charter of Rights and FreedomsThe Canadian Charter of Rights and Freedoms applies in respect of the Council, the District Council and any administrative bodies and agencies referred to in paragraph 14(1)(t) in respect of matters within their authority under this Act or the constitution of the shíshálh Nation, with due regard for section 25 of the Charter which provides that the guarantee in the Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada.
Existing text of section 37:
All federal laws of general application in force in Canada are applicable to and in respect of the Band, its members and Sechelt lands, except to the extent that those laws are inconsistent with this Act.
Section 38 of the Act is replaced by the following:
Provincial laws of general applicationLaws of general application of British Columbia apply in respect of the members of the shíshálh Nation except to the extent that those laws are inconsistent with the terms of any treaty, this or any other Act of Parliament, the constitution of the Nation or a shíshálh law.
Existing text of section 38:
Laws of general application of British Columbia apply to or in respect of the members of the Band except to the extent that those laws are inconsistent with the terms of any treaty, this or any other Act of Parliament, the constitution of the Band or a law of the Band.
Sections 39 to 42 of the Act are replaced by the following:
Indian Oil and Gas ActThe Indian Oil and Gas Act applies, with any necessary modifications, in respect of the shíshálh Nation, its members, the Council and shíshálh lands.
Federal law relating to mineral resourcesThe British Columbia Indian Reserves Mineral Resources Act, chapter 19 of the Statutes of Canada, 1943-44, applies in respect of shíshálh lands.
Provincial law relating to mineral resourcesThe Indian Reserve Mineral Resource Act of British Columbia, R.S.B.C. 1979, c. 192, applies in respect of shíshálh lands.
Application of Former Laws and By-laws
Application on shíshálh landsLaws of the Sechelt Indian Band and by-laws of the Indian Act Sechelt band referred to in section 42 of the former Act — as well as laws or by-laws of the Sechelt Indian Government District made following the transfer or granting of legislative powers under section 21 or 22 of the former Act — that applied to Sechelt lands, as defined in section 2 of the former Act, on the day on which 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 comes into force, remain in force and apply to shíshálh lands and in respect of the members of the shíshálh Nation except to the extent that the laws or by-laws are inconsistent with this Act, the constitution of the Nation or a shíshálh law.
Existing text of sections 39 to 42:
The Indian Oil and Gas Act, as amended from time to time, applies, with such modifications as the circumstances require, in respect of the Band, its members, the Council and Sechelt lands.
For greater certainty, the British Columbia Indian Reserves Mineral Resources Act, being chapter 19 of the Statutes of Canada, 1943-44, as amended from time to time, applies in respect of Sechelt lands.
The Indian Reserves Minerals Resources Act, being chapter 192 of the Revised Statutes of British Columbia, 1979, as amended from time to time, applies in respect of Sechelt lands.
Application of By-laws
The by-laws of the Indian Act Sechelt band that are in force immediately before this Act comes into force remain in force on Sechelt lands that were, at that time, reserves, within the meaning of the Indian Act, of the Indian Act Sechelt band and in respect of the members of the Band to the extent that the by-laws are consistent with this Act, the constitution of the Band or a law of the Band.
Section 43 of the Act is replaced by the following:
Powers, functions and duties in constitutionThe Governor in Council or any Minister of the Crown may exercise any powers and carry out any functions or duties that the Governor in Council or Minister is authorized under the constitution of the shíshálh Nation to exercise or carry out.
Existing text of section 43:
The Governor in Council or any Minister of the Crown may exercise any powers and carry out any functions or duties that the Governor in Council or Minister, as the case may be, is authorized under the constitution of the Band to exercise or carry out.
Sections 44 to 46 of the Act are replaced by the following:
References to former Act and terminologyUnless the context otherwise requires, in any law of the Sechelt Indian Band and by-law of the Indian Act Sechelt band, referred to in section 42 of the former Act, laws or by-laws of the Sechelt Indian Government District made following the transfer or granting of legislative powers under section 21 or 22 of the former Act, as well as in documents, including licences and other authorizations, contracts and other instruments that were issued, granted, entered into or made in accordance with the former Act,any reference to the Sechelt Indian Band Self-Government Act, or any provision of that Act, is to be read as a reference to this Act or any relevant provision of this Act;any reference to the Sechelt Indian Band is to be read as a reference to the shíshálh Nation;any reference to the Sechelt Indian Band Council is to be read as a reference to the council of the Nation;any reference to the constitution of the Sechelt Indian Band, or any provision of that constitution, is to be read as a reference to the constitution of the Nation or any relevant provision of that constitution;any reference to a law of the Sechelt Indian Band, or any provision of that law, is to be read as a reference to a relevant shíshálh law or any relevant provision of that law;any reference to a law or by-law of the Sechelt Indian Government District, or any provision of that law or by-law, is to be read as a reference to a relevant law or by-law of the shíshálh Nation Government District or any relevant provision of that law or by-law; andany reference to Sechelt lands is to be read as a reference to shíshálh lands.
Existing text of sections 44 to 46:
The council of the Indian Act Sechelt band that is in office pursuant to the Indian Act immediately before the coming into force of section 5 shall be deemed to be the Council and to have been elected in accordance with the constitution of the Band.The council of the Indian Act Sechelt band referred to in subsection (1) shall continue in office as the Council until a new Council has been elected in accordance with the constitution of the Band.Any provisions of the Indian Act relating to elections of band councils and the qualification of persons to hold office as chief or councillor apply to the council of the Indian Act Sechelt band until a new Council has been elected in accordance with the constitution of the Band.
The members of the Indian Act Sechelt band, immediately before the coming into force of this Act, are the members of the Sechelt Indian band immediately after the coming into force of the Act.For greater certainty, during any period after this Act comes into force but before the Band constitution comes into force the provisions of the Indian Act relating to membership apply in respect of the Sechelt Indian Band.
For greater certainty, during any period after this Act comes into force but before the constitution of the Band comes into force, the provisions of the Indian Act relating to the disposition of rights or interests in reserves, within the meaning of that Act, apply in respect of Sechelt lands.
Consequential AmendmentsR.S., c. E-21Expropriation Act
R.S., c. 20 (2nd Supp.), s. 2Subsection 4(3) of the Expropriation Act is replaced by the following:ExceptionNo right or interest in lands that are shíshálh lands, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act, may be expropriated under this Part without the consent of the Governor in Council.Expropriation ActExisting text of subsection 4(3):No interest in lands that are Sechelt lands, as defined in the Sechelt Indian Band Self-Government Act, chapter 27 of the Statutes of Canada, 1986, may be expropriated under this Part without the consent of the Governor in Council.
R.S., c. F-24Fishing and Recreational Harbours Act
R.S., c. 20 (2nd Supp.), s. 3Paragraph (c) of the definition agency in section 2 of the Fishing and Recreational Harbours Act is replaced by the following:the Council, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act, andFishing and Recreational Harbours ActRelevant portion of the definition:agency, in relation to a province, includes the Council, within the meaning of the Sechelt Indian Band Self-Government Act, chapter 27 of the Statutes of Canada, 1986, and
R.S., c. L-6Canada Lands Surveys Act
R.S., c. 20 (2nd Supp.), s. 4Subparagraph 24(1)(a)(iii) of the Canada Lands Surveys Act is replaced by the following:shíshálh lands, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act,Canada Lands Surveys ActRelevant portion of subsection 24(1):
In this Part, Canada Lands meansany lands belonging to Her Majesty in right of Canada or of which the Government of Canada has power to dispose that are situated in Yukon, the Northwest Territories or Nunavut and any lands that are Sechelt lands, as defined in the Sechelt Indian Band Self-Government Act, chapter 27 of the Statutes of Canada, 1986,
R.S., c. M-13; 2000, c. 8, s. 2Payments in Lieu of Taxes Act
R.S., c. 20 (2nd Supp.), s. 5Paragraph (d) of the definition taxing authority in subsection 2(1) of the Payments in Lieu of Taxes Act is replaced by the following:the Council as defined in subsection 2(1) of the shíshálh Nation Self-Government Act, if it levies and collects a real property tax or a frontage or area tax in respect of shíshálh lands, as defined in that subsection,Payments in Lieu of Taxes ActRelevant portion of the definition:taxing authority means the Council within the meaning of the Sechelt Indian Band Self-Government Act, chapter 27 of the Statutes of Canada, 1986, if it levies and collects a real property tax or a frontage or area tax in respect of Sechelt lands, as defined in that Act,
R.S., c. P-21Privacy Act
Paragraph 8(6)(c) of the Privacy Act is replaced by the following:the shíshálh Nation, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act; orPrivacy ActRelevant portion of subsection 8(6):In paragraph (2)(k), Indian band means the Band, as defined in the Sechelt Indian Band Self-Government Act, chapter 27 of the Statutes of Canada, 1986; or
2008, c. 22Specific Claims Tribunal Act
The reference toSechelt Indian Band Self-Government ActLoi sur l’autonomie gouvernementale de la bande indienne secheltein Part 1 of the schedule to the Specific Claims Tribunal Act is replaced by the following:shíshálh Nation Self-Government ActLoi sur l’autonomie gouvernementale de la Nation shishalhe
2019, c. 28, s. 10Canadian Energy Regulator Act
Paragraph 317(3)(b) of the Canadian Energy Regulator Act is replaced by the following:shíshálh lands, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act.Canadian Energy Regulator ActRelevant portion of subsection 317(3):A company must not take possession of, use or occupy the following lands without the consent of the Governor in Council: Sechelt lands, within the meaning of the Sechelt Indian Band Self-Government Act.
1994, c. 35Yukon First Nations Self-Government Act
Section 24 of the Yukon First Nations Self-Government Act is replaced by the following:
Funding agreementsThe Minister may, subject to appropriations by Parliament, enter into an agreement with a first nation named in Schedule II for the provision of funding by the Government of Canada to the first nation over the period of time and subject to the terms and conditions specified in the agreement.
Yukon First Nations Self-Government ActExisting text of section 24:
The Minister may, with the approval of the Governor in Council and subject to appropriations by Parliament, enter into an agreement with a first nation named in Schedule II for the provision of funding by the Government of Canada to the first nation over the period of time and subject to the terms and conditions specified in the agreement.
(Section 1)(Sections 2 and 14)First NationsMagnetawan First Nation Première Nation Magnetawan Moose Deer Point First Nation Première Nation Moose Deer Point Nipissing First Nation Première Nation NipissingWahnapitae First Nation Première Nation WahnapitaeZhiibaahaasing First Nation Première Nation Zhiibaahaasing