Bill S-10
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- ENGLISH
- SUMMARY SUMMARY
- TABLE OF PROVISIONS TABLE OF PROVISIONS
- PART 1 Anishinabek Nation Governance Agreement Act PART 1 Anishinabek Nation Governance Agreement Act
- Enactment of Act Enactment of Act
- Related Amendment to the Anishinabek Nation Education Agreement Act Related Amendment to the Anishinabek Nation Education Agreement Act
- Consequential Amendments Consequential Amendments
- Access to Information Act Access to Information Act
- Privacy Act Privacy Act
- Coordinating Amendments Coordinating Amendments
- Coming into Force Coming into Force
- PART 2 Sechelt Indian Band Self-Government Act PART 2 Sechelt Indian Band Self-Government Act
- Amendments to the Act Amendments to the Act
- Consequential Amendments Consequential Amendments
- Expropriation Act Expropriation Act
- Fishing and Recreational Harbours Act Fishing and Recreational Harbours Act
- Canada Lands Surveys Act Canada Lands Surveys Act
- Payments in Lieu of Taxes Act Payments in Lieu of Taxes Act
- Privacy Act Privacy Act
- Specific Claims Tribunal Act Specific Claims Tribunal Act
- Canadian Energy Regulator Act Canadian Energy Regulator Act
- PART 3 Yukon First Nations Self-Government Act PART 3 Yukon First Nations Self-Government Act
- SCHEDULE SCHEDULE
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First Session, Forty-fourth Parliament, 70-71 Elizabeth II, 2021-2022 |
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SENATE OF CANADA |
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
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AS PASSED
BY THE SENATE
June 16, 2022
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SUMMARY
Part 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,
(a) include certain elements typically provided for in self-government agreements;
(b) 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;
(c) 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;
(d) clarify that the council of the shíshálh Nation may make laws relating to child and family services;
(e) specify the manner in which and the conditions under which lands in British Columbia may become shíshálh lands;
(f) allow the Minister of Crown-Indigenous Relations to enter into an agreement with the Nation for the establishment of a shíshálh Lands Register;
(g) ensure that entering into funding agreements no longer requires the approval of the Governor in Council; and
(h) specify 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.
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Available on the Senate of Canada website at the following address:
www.sencanada.ca/en |
TABLE OF PROVISIONS
Enactment of Act
Anishinabek Nation Governance Agreement Act
Definitions
Not a treaty
Agreement given effect
Agreement prevails
Power to enact laws
Indian Act
First Nations Elections Act
Statutory Instruments Act
Judicial notice — Agreement
Judicial notice — Anishinabek laws
Notice
Orders and regulations
Addition of name of First Nation
Access to Information Act
Privacy Act
2013, c. 25
Order in council
Expropriation Act
Fishing and Recreational Harbours Act
Canada Lands Surveys Act
Payments in Lieu of Taxes Act
Privacy Act
Specific Claims Tribunal Act
Canadian Energy Regulator Act
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1st Session, 44th Parliament, 70-71 Elizabeth II, 2021-2022 |
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SENATE OF CANADA |
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BILL S-10 |
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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 |
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1 Anishinabek Nation Governance Agreement Act
Enactment of Act
Enactment
1 The 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 Acts
Preamble
Whereas 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
1 This Act may be cited as the Anishinabek Nation Governance Agreement Act.
Interpretation
2 The 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)
3 The Agreement is not a treaty within the meaning of section 35 of the Constitution Act, 1982.
Agreement
4 (1) The Agreement is approved, given effect and declared valid and has the force of law.
(2) For 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.
(3) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies.
5 (1) In 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.
(2) In 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
6 A First Nation or the Anishinabek Nation, as the case may be, may, in accordance with the applicable constitution and the Agreement, make laws respecting
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(a) the selection of government representatives;
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(b) the determination of who is a citizen, as well as the rights, privileges and responsibilities associated with being a citizen;
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(c) the management and operation of government;
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(d) the preservation, promotion and development of culture and language; and
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(e) any 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
7 (1) Subject 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.
(2) Sections 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.
(3) Sections 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.
(4) Section 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.
(5) For 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.
8 The 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.
9 An Anishinabek law and any regulation or order made under it are not statutory instruments for the purposes of the Statutory Instruments Act.
General
10 (1) Judicial notice must be taken of the Agreement.
(2) The Agreement must be published by the Queen’s Printer.
(3) A 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.
11 (1) Judicial 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.
(2) A 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.
12 (1) If 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 notice
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(a) on the Attorney General of Canada and the Anishinabek Nation Government, in the case of a provision of the Agreement or this Act;
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(b) on the Anishinabek Nation Government, in the case of a provision of a law of the Anishinabek Nation; and
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(c) on the First Nation Government, in the case of a provision of a law of a First Nation.
(2) The notice must
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(a) describe the proceeding;
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(b) state the subject matter of the issue;
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(c) state the day on which the issue is to be argued;
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(d) give the particulars that are necessary to show the point to be argued; and
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(e) be 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.
(3) In any proceeding, the recipient of a notice may appear and participate as a party with the same rights as any other party.
(4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.
Orders and Regulations
13 The 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
14 (1) The 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.
(2) The 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. 32
Related Amendment to the Anishinabek Nation Education Agreement Act
2 Subsection 3(2) of the Anishinabek Nation Education Agreement Act is replaced by the following:
Act prevails
(2) Subject 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 Act
(3) The 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.
Consequential Amendments
R.S., c. A-1
Access to Information Act
3 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):
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(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.
R.S., c. P-21
Privacy Act
2017, c. 32, s. 18(1)
4 (1) Paragraph 8(2)(f) of the Privacy Act is replaced by the following:
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(f) 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:
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(i) the government of a foreign state,
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(ii) an international organization of states or an international organization established by the governments of states,
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(iii) the government of a province,
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(iv) the council of the Westbank First Nation,
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(v) the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act,
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(vi) the council of a participating First Nation as defined in section 2 of the Anishinabek Nation Education Agreement Act,
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(vii) 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;
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(2) 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):
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(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.
5 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):
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(g) 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.
Coordinating Amendments
2013, c. 25
6 (1) In this section, other Act means the Yale First Nation Final Agreement Act.
(2) 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:
3 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):
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(k) 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.
(3) 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:
20 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):
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(k) the Yale First Nation Government, as defined in subsection 2(2) of the Yale First Nation Final Agreement Act.
(4) 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.
(5) 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:
(2) 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):
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(k) 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.
(6) 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:
23 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):
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(k) the Yale First Nation Government, as defined in subsection 2(2) of the Yale First Nation Final Agreement Act.
(7) 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 council
7 This Part, other than section 6, comes into force on a day to be fixed by order of the Governor in Council.
PART 2 Sechelt Indian Band Self-Government Act
1986, c. 27
Amendments to the Act
8 The long title of the Sechelt Indian Band Self-Government Act is replaced by the following:
An Act respecting shíshálh Nation self-government
9 The preamble to the Act is replaced by the following:
Preamble
Whereas the Government of Canada is committed to
achieving 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, and
implementing 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 of
the 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, and
the 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;
10 Section 1 of the Act is replaced by the following:
Short title
1 This Act may be cited as the shíshálh Nation Self-Government Act.
11 The heading before section 2 of the French version of the Act is replaced by the following:
Définitions et interprétation
12 (1) The definitions Band and Sechelt lands in subsection 2(1) of the Act are repealed.
(2) 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)
(3) 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)
(4) 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 means
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(a) lands transferred to the Sechelt Indian Band on October 9, 1986 under section 23 of the former Act, or
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(b) lands 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)
(5) Subsection 2(2) of the Act is replaced by the following:
Lands ceasing to be shíshálh lands
(2) Any shíshálh lands to which the title is sold or otherwise transferred cease to be shíshálh lands.
13 Section 3 of the Act is replaced by the following:
Rights of Indigenous peoples
3 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.
Rights of shíshálh Nation
3.1 For greater certainty, nothing in this Act shall be construed as
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(a) limiting or restricting the position of the shíshálh Nation or any other person with respect to
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(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
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(ii) the Nation’s identity as an Indigenous people of Canada; or
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(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.
14 Sections 4 and 5 of the Act are replaced by the following:
Purposes
4 The purposes of this Act are to
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(a) support the exercise of aspects of the shíshálh Nation’s inherent right of self-government;
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(b) support the Nation in its control over and administration of the resources and services available to its members; and
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(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.
shíshálh Nation
Continuation
5 The Sechelt Indian Band, established under subsection 5(1) of the former Act, is continued under the name “shíshálh Nation” and, for greater certainty,
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(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
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(b) the members of the Sechelt Indian Band are the members of the Nation.
15 The heading before section 6 of the Act is replaced by the following:
Capacity and Powers of shíshálh Nation
16 (1) The portion of section 6 of the Act before paragraph (a) is replaced by the following:
Capacity of Nation
6 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
(2) Paragraph 6(b) of the Act is replaced by the following:
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(b) acquire and hold property or any right or interest in it, and sell or otherwise dispose of that property, right or interest;
17 Sections 7 to 9 of the Act are replaced by the following:
Nation subject to its constitution
7 The powers and duties of the shíshálh Nation shall be carried out in accordance with its constitution.
Council of shíshálh Nation
Governing body
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.
Election of members
(2) The members of the council continued under subsection (1) shall be elected in accordance with the constitution of the Nation.
Nation to act through Council
9 The shíshálh Nation shall act through the Council in exercising its powers and carrying out its duties and functions.
18 The heading before section 10 of the Act is replaced by the following:
Constitution of shíshálh Nation
19 (1) The portion of subsection 10(1) of the Act before paragraph (a) is replaced by the following:
Elements of constitution
10 (1) The constitution of the shíshálh Nation shall be in writing and shall
(2) Paragraphs 10(1)(b) and (c) of the Act are replaced by the following:
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(b) establish the procedures or processes to be followed by the Council in exercising the Nation’s powers and carrying out its duties;
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(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;
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(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;
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(c.2) provide for conflict of interest rules;
(3) Paragraph 10(1)(d) of the English version of the Act is replaced by the following:
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(d) include a membership code for the Nation;
(4) Paragraphs 10(1)(e) and (f) of the Act are replaced by the following:
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(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;
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(f) establish rules and procedures to be followed in respect of the disposition of rights or interests in shíshálh lands;
(5) 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:
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(g.1) establish rules and procedures for the making and amending of shíshálh laws; and
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(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.
(6) Subsection 10(2) of the Act is replaced by the following:
Membership code
(2) 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.
20 Sections 11 to 13 of the Act are replaced by the following:
Amendment to constitution
12 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.
Publication of amendments
13 The Council shall, as soon as practicable after making a declaration under section 12, make any amendment to the constitution publicly accessible
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(a) on the shíshálh Nation’s website;
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(b) in the First Nations Gazette; or
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(c) in any other manner that the Council considers equivalent and that allows the public to readily access the amendment.
21 (1) The portion of subsection 14(1) of the Act before paragraph (b) is replaced by the following:
Legislative 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:
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(a) access to and residence on shíshálh lands;
(2) Paragraph 14(1)(b) of the English version of the Act is replaced by the following:
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(b) zoning and land use planning in respect of shíshálh lands;
(3) Paragraph 14(1)(c) of the Act is replaced by the following:
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(b.1) the creation and regulation of rights or interests in shíshálh lands;
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(c) the expropriation by the Nation, for community purposes, of rights or interests in shíshálh lands;
(4) Paragraph 14(1)(d) of the English version of the Act is replaced by the following:
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(d) the use, construction, maintenance, repair and demolition of buildings and structures on shíshálh lands;
(5) Paragraphs 14(1)(e) to (h) of the Act are replaced by the following:
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(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;
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(f) the administration and management of property belonging to the Nation;
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(g) the education of members of the Nation on shíshálh lands;
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(h) social and welfare services with respect to members of the Nation;
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(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;
(6) Paragraphs 14(1)(i) to (n) of the English version of the Act are replaced by the following:
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(i) health services on shíshálh lands;
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(j) the preservation and management of natural resources on shíshálh lands;
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(k) the preservation, protection and management of fur-bearing animals, fish and game on shíshálh lands;
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(l) public order and safety on shíshálh lands;
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(m) the construction, maintenance and management of roads and the regulation of traffic on shíshálh lands;
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(n) the operation of businesses, professions and trades on shíshálh lands;
(7) Paragraphs 14(1)(o) to (r) of the Act are replaced by the following:
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(o) the prohibition of the sale, barter, supply, manufacture or possession of intoxicants on shíshálh lands and any exceptions to a prohibition of possession;
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(p) subject to subsection (2), the imposition on summary conviction of fines or imprisonment for the contravention of any shíshálh laws;
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(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;
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(r) financial administration of the Nation;
(8) Paragraph 14(1)(s) of the English version of the Act is replaced by the following:
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(s) the conduct of the Nation’s elections and referenda;
(9) Paragraphs 14(1)(t) and (u) of the Act are replaced by the following:
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(t) the creation of administrative bodies and agencies to assist in the administration of the affairs of the Nation; and
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(u) matters related to the good government of the Nation, its members or shíshálh lands.
(10) Section 14 of the Act is amended by adding the following after subsection (1):
Clarification
(1.1) 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.
22 The Act is amended by adding the following after section 14:
Publication of shíshálh laws
14.1 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
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(a) on the shíshálh Nation’s website;
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(b) in the First Nations Gazette; or
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(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.
23 Sections 16 and 17 of the Act are replaced by the following:
Constitution prevails
15.1 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.
Non-application of Statutory Instruments Act
16 The Statutory Instruments Act does not apply to a shíshálh law.
shíshálh Nation Government District
Continuation
17 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).
24 (1) The portion of section 18 of the French version of the Act before paragraph (a) is replaced by the following:
Capacité
18 Le district est une entité juridique dotée de la capacité et des droits, pouvoirs et privilèges d’une personne physique. Il peut notamment :
(2) Paragraph 18(b) of the Act is replaced by the following:
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(b) acquire and hold property or any right or interest in it, and sell or otherwise dispose of that property, right or interest;
25 Subsection 19(1) of the Act is replaced by the following:
Continuation
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.”
26 Section 21 of the Act is replaced by the following:
Transfer 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.
Conditions for order
(2) The Governor in Council shall not make an order under subsection (1) unless he or she is satisfied that
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(a) the legislature of British Columbia has passed legislation respecting the District and that legislation is in force; and
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(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.
Transfer — legislation amended
(3) 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.
Condition for order
(4) 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.
Transfer — legislation repealed
(5) 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.
27 Section 23 of the Act is repealed.
28 (1) The portion of section 24 of the Act before paragraph (b) is replaced by the following:
Limitations
24 The fee simple title of the shíshálh Nation in the lands transferred to it under section 23 of the former Act is subject to
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(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;
(2) Paragraph 24(c) of the French version of the Act is replaced by the following:
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c) 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.
29 Sections 25 to 28 of the Act are replaced by the following:
Lands for use and benefit of Nation
25 The 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 declarations
25.1 Lands in British Columbia are shíshálh lands if they are declared to be shíshálh lands for the purposes of this Act by both
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(a) the Governor in Council, by order; and
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(b) the Lieutenant Governor in Council of British Columbia.
Disposition of shíshálh Lands
Power of the Nation
26 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.
Registration of shíshálh Lands
Reserve Land Register
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.
Exception
(2) This section does not apply with respect to
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(a) any shíshálh lands that are registered pursuant to section 28; or
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(b) the rights or interests in shíshálh lands referred to in sections 30.1 to 30.4.
Laws on registration
28 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.
30 (1) The portion of subsection 29(2) of the Act before subparagraph (b)(i) is replaced by the following:
Minister to provide particulars to Council
(2) 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,
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(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
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(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
(2) Subsection 29(3) of the Act is replaced by the following:
List to be posted
(3) 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.
31 (1) Subsection 30(1) of the Act is replaced by the following:
Final list of rights or interests
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.
(2) Subsection 30(3) of the French version of the Act is replaced by the following:
Caractère de la liste
(3) La 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.
32 Section 31 of the Act and the heading before it are replaced by the following:
Agreement — shíshálh Lands Register
30.1 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.
Establishment of Register
30.2 The Minister shall establish the shíshálh Lands Register in accordance with any agreement entered into under section 30.1.
Regulation-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
-
(a) the administration of the Register;
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(b) the registration of legal descriptions of shíshálh lands;
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(c) the registration of rights or interests in shíshálh lands and the effects of their registration, including priorities;
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(d) the recording of any other matter; and
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(e) the transfer of the administration of the Register to any person or body.
Adaptation of sections 28 to 30
(2) 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.
Collaboration with Nation
(3) 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).
Rights 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.
Recording of continued rights or interests
(2) 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.
Recording of new rights or interests
(3) 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.
Exception
(4) This section does not apply with respect to any shíshálh lands that are registered pursuant to section 28.
shíshálh Lands
Class 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.
Clarification
(2) 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.
33 Section 32 of the Act is replaced by the following:
Administration of transferred moneys
32 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.
34 Section 33 of the Act is replaced by the following:
Agreements between Minister and Nation
33 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.
35 Sections 35 and 36 of the Act are replaced by the following:
Application 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.
Indians
(2) For 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 provisions
(3) For 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 Act
36 The Governor in Council may, on the advice of the Minister, by order,
-
(a) 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; and
-
(b) revoke any such order.
36 Section 37 of the Act is replaced by the following:
Federal laws of general application
37 All 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 Freedoms
37.1 The 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.
37 Section 38 of the Act is replaced by the following:
Provincial laws of general application
38 Laws 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.
38 Sections 39 to 42 of the Act are replaced by the following:
Indian Oil and Gas Act
39 The 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 resources
40 The 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 resources
41 The 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 lands
42 Laws 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.
39 Section 43 of the Act is replaced by the following:
Powers, functions and duties in constitution
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 is authorized under the constitution of the shíshálh Nation to exercise or carry out.
40 Sections 44 to 46 of the Act are replaced by the following:
References to former Act and terminology
44 Unless 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,
-
(a) 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;
-
(b) any reference to the Sechelt Indian Band is to be read as a reference to the shíshálh Nation;
-
(c) any reference to the Sechelt Indian Band Council is to be read as a reference to the council of the Nation;
-
(d) 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;
-
(e) 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;
-
(f) 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; and
-
(g) any reference to Sechelt lands is to be read as a reference to shíshálh lands.
Consequential Amendments
R.S., c. E-21
Expropriation Act
R.S., c. 20 (2nd Supp.), s. 2
41 Subsection 4(3) of the Expropriation Act is replaced by the following:
Exception
(3) No 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.
R.S., c. F-24
Fishing and Recreational Harbours Act
R.S., c. 20 (2nd Supp.), s. 3
42 Paragraph (c) of the definition agency in section 2 of the Fishing and Recreational Harbours Act is replaced by the following:
-
(c) the Council, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act, and
R.S., c. L-6
Canada Lands Surveys Act
R.S., c. 20 (2nd Supp.), s. 4
43 Subparagraph 24(1)(a)(iii) of the Canada Lands Surveys Act is replaced by the following:
-
(iii) shíshálh lands, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act,
R.S., c. M-13; 2000, c. 8, s. 2
Payments in Lieu of Taxes Act
R.S., c. 20 (2nd Supp.), s. 5
44 Paragraph (d) of the definition taxing authority in subsection 2(1) of the Payments in Lieu of Taxes Act is replaced by the following:
-
(d) 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,
R.S., c. P-21
Privacy Act
45 Paragraph 8(6)(c) of the Privacy Act is replaced by the following:
-
(c) the shíshálh Nation, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act; or
2008, c. 22
Specific Claims Tribunal Act
46 The reference to
Sechelt Indian Band Self-Government Act
Loi sur l’autonomie gouvernementale de la bande indienne sechelte
in Part 1 of the schedule to the Specific Claims Tribunal Act is replaced by the following:
shíshálh Nation Self-Government Act
Loi sur l’autonomie gouvernementale de la Nation shishalhe
2019, c. 28, s. 10
Canadian Energy Regulator Act
47 Paragraph 317(3)(b) of the Canadian Energy Regulator Act is replaced by the following:
-
(b) shíshálh lands, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act.
PART 3 Yukon First Nations Self-Government Act
1994, c. 35
48 Section 24 of the Yukon First Nations Self-Government Act is replaced by the following:
Funding agreements
24 The 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.
SCHEDULE
Magnetawan First Nation
Première Nation Magnetawan
Moose Deer Point First Nation
Première Nation Moose Deer Point
Nipissing First Nation
Première Nation Nipissing
Wahnapitae First Nation
Première Nation Wahnapitae
Zhiibaahaasing First Nation
Première Nation Zhiibaahaasing