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shíshálh Nation Self-Government Act (S.C. 1986, c. 27)

Act current to 2022-07-25 and last amended on 2022-06-23. Previous Versions

shíshálh Nation Self-Government Act

S.C. 1986, c. 27

Assented to 1986-06-17

An Act respecting shíshálh Nation self-government

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;

  • 1986, c. 27, Preamble
  • 2022, c. 9, s. 9

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

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

  •  (1) In this Act,

    Band

    Band[Repealed, 2022, c. 9, s. 12]

    Council

    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

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

    District Council

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

    former Act

    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

    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)

    Minister

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

    Sechelt Indian Band

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

    Sechelt lands

    Sechelt lands[Repealed, 2022, c. 9, s. 12]

    shíshálh lands

    shíshálh lands means

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

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

    shíshálh law

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

    shíshálh Nation

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

  • Marginal note:Lands ceasing to be shíshálh lands

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

Marginal note:Rights of Indigenous peoples

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

Marginal note:Rights of shíshálh Nation

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

  • (a) limiting or restricting the position of the shíshálh Nation or any other person with respect to

    • (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

    • (ii) the Nation’s identity as an Indigenous people of Canada; or

  • (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.

Purposes of Act

Marginal note:Purposes

 The purposes of this Act are to

  • (a) support the exercise of aspects of the shíshálh Nation’s inherent right of self-government;

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

  • (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

Marginal note:Continuation

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

  • (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

  • (b) the members of the Sechelt Indian Band are the members of the Nation.

Capacity and Powers of shíshálh Nation

Marginal note:Capacity of Nation

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

  • (a) enter into contracts or agreements;

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

  • (c) expend or invest moneys;

  • (d) borrow money;

  • (e) sue or be sued; and

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

Marginal note:Nation subject to its constitution

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

Council of shíshálh Nation

Marginal note:Governing body

  •  (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.

  • Marginal note:Election of members

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

Marginal note:Nation to act through Council

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

Constitution of shíshálh Nation

Marginal note:Elements of constitution

  •  (1) The constitution of the shíshálh Nation shall be in writing and shall

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

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

    • (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;

    • (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;

    • (c.2) provide for conflict of interest rules;

    • (d) include a membership code for the Nation;

    • (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;

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

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

    • (g.1) establish rules and procedures for the making and amending of shíshálh laws; and

    • (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.

  • Marginal note: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.

 [Repealed, 2022, c. 9, s. 20]

Marginal note:Amendment to constitution

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

Marginal note:Publication of amendments

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

  • (a) on the shíshálh Nation’s website;

  • (b) in the First Nations Gazette; or

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

Legislative Powers of Council

Marginal note:Legislative powers

  •  (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:

    • (a) access to and residence on shíshálh lands;

    • (b) zoning and land use planning in respect of shíshálh lands;

    • (b.1) the creation and regulation of rights or interests in shíshálh lands;

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

    • (d) the use, construction, maintenance, repair and demolition of buildings and structures on shíshálh lands;

    • (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;

    • (f) the administration and management of property belonging to the Nation;

    • (g) the education of members of the Nation on shíshálh lands;

    • (h) social and welfare services with respect to members of the Nation;

    • (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;

    • (i) health services on shíshálh lands;

    • (j) the preservation and management of natural resources on shíshálh lands;

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

    • (l) public order and safety on shíshálh lands;

    • (m) the construction, maintenance and management of roads and the regulation of traffic on shíshálh lands;

    • (n) the operation of businesses, professions and trades on shíshálh lands;

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

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

    • (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;

    • (r) financial administration of the Nation;

    • (s) the conduct of the Nation’s elections and referenda;

    • (t) the creation of administrative bodies and agencies to assist in the administration of the affairs of the Nation; and

    • (u) matters related to the good government of the Nation, its members or shíshálh lands.

  • Marginal note: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.

  • Marginal note:Limit on fine, penalty or imprisonment

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

  • Marginal note:Laws of British Columbia

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

  • Marginal note:Law may require licence or permit

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

 
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