Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2022-11-16 and last amended on 2022-06-23. Previous Versions

Legislative Powers of Council (continued)

Marginal note:Publication of shíshálh laws

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

  • (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 laws and any amendment to them.

Marginal note:Legislative powers granted by British Columbia

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

Marginal note:Constitution prevails

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

Marginal note:Non-application of Statutory Instruments Act

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

shíshálh Nation Government District

Marginal note:Continuation

 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).

Marginal note:Capacity of District

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

  • (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:Continuation

  •  (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.”

  • Marginal note:Composition of District Council

    (2) The District Council shall consist of the members of the Council.

Marginal note:District to act through District Council

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

Marginal note:Transfer to District

  •  (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.

  • Marginal note:Conditions for order

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

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

    • (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Additional powers of District

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

Transfer of Lands

 [Repealed, 2022, c. 9, s. 27]

Marginal note:Limitations

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

  • (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;

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

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

Marginal note:Lands for use and benefit of Nation

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

Lands Declared to be shíshálh Lands

Marginal note:Federal and provincial declarations

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

  • (a) the Governor in Council, by order; and

  • (b) the Lieutenant Governor in Council of British Columbia.

Disposition of shíshálh Lands

Marginal note:Power of the Nation

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

Registration of shíshálh Lands

Marginal note:Reserve Land Register

  •  (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.

  • Marginal note:Exception

    (2) This section does not apply with respect to

    • (a) any shíshálh lands that are registered pursuant to section 28; or

    • (b) the rights or interests in shíshálh lands referred to in sections 30.1 to 30.4.

Marginal note:Laws on registration

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

Marginal note:Notice

  •  (1) Where a law is made under section 28, the Council shall forthwith

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

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

  • Marginal note: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,

    • (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

    • (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

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

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

  • Marginal note: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.

  • Marginal note:Request for modification

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

  • Marginal note:Consideration of request

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

Marginal note:Final list of rights or interests

  •  (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.

  • Marginal note:Copies to be provided

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

  • Marginal note:Final list determinative

    (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.

Marginal note:Agreement — shíshálh Lands Register

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

Marginal note:Establishment of Register

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

Marginal note:Regulation-making powers

  •  (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;

    • (b) the registration of legal descriptions of shíshálh lands;

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

    • (d) the recording of any other matter; and

    • (e) the transfer of the administration of the Register to any person or body.

  • Marginal note: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.

  • Marginal note: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).

 
Date modified: