Bill S-38
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SCHEDULE 2
(Section 8)
LEGISLATIVE POWERS OF A FIRST NATION
1. Rules and procedures relating to the selection and term of the governing body, elections and referendums.
2. Practice and procedures of the First Nation.
3. Labour, employment and human rights.
4. Exercise of the First Nation’s powers.
5. The management of the First Nation.
6. Lands of the First Nation.
7. Property, money and accounts of the First Nation.
8. Intellectual property.
9. The raising of money for the purposes of the First Nation by any means, including taxation and licensing.
10. The administration of funding relationships.
11. Businesses, trades, occupations and professions.
12. Health and hygiene.
13. Marriage, divorce and matrimonial property.
14. Social and welfare matters.
15. Custody and placement of children of citizens, whether or not the children are resident on the lands of the First Nation.
16. Adoption of children of and by citizens, whether or not the children are resident on the lands of the First Nation.
17. Administration of moveable property, wherever situated, and of interests, in lands of the First Nation, of persons who, being minors or dependent adult persons, are ordinarily resident on lands of the First Nation and are citizens or minor children of citizens.
18. Devolution, by will or intestate succession, of interests in lands of the First Nation and the personal property, wherever situated, of persons who are ordinarily resident on lands of the First Nation; and with respect to that interest and property, jurisdiction and authority over the validity, construction and proof of wills, the administration of estates and all matters and causes testamentary.
19. Education of citizens, wherever resident, and other persons resident on lands of the First Nation.
20. The environment.
21. The issuance of licences for hunting, fishing, trapping and harvesting.
22. Utilities and services.
23. Transportation.
24. Traffic.
25. Observance of law and order, public order, safety and security.
26. Trespass and nuisance.
27. Culture, traditional knowledge, customs and traditions.
28. Public games, gaming, sports and amusements.
29. Recreation.
30. Natural resources.
31. Infrastructure.
32. Animals.
33. Weapons.
34. Intoxicants.
35. Local institutions.
36. Trusts held for the benefit of citizens and the variation of any such trusts, wherever the trusts or the citizens are situated.
37. The establishment of offences and the penalties therefor.
38. The administration of justice, including the establishment and designation of courts and tribunals of criminal and civil jurisdiction.
39. Policing.
40. The creation of bodies corporate and politic to carry out government, administrative, education, health or other functions.
41. The creation, operation and governance of companies, whether as bodies corporate, partnerships or any other organizational form, to carry on business on the lands of the First Nation.
42. Any other matters, activities or things relating to the First Nation, its citizens, lands of the First Nation, moneys, property interests, or other tribal patrimony.
Published under authority of the Senate of Canada