GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
shíshálh Nation Self-Government Act — S-6.6 30
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. 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. 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. 1986, c. 27, s. 30 2022, c. 9, s. 31
shíshálh Nation Self-Government Act — S-6.6 30.1
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. 2022, c. 9, s. 32
shíshálh Nation Self-Government Act — S-6.6 30.2
Establishment of Register 30.2 The Minister shall establish the shíshálh Lands Register in accordance with any agreement entered into under section 30.1. 2022, c. 9, s. 32
shíshálh Nation Self-Government Act — S-6.6 30.3
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; (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. 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). 2022, c. 9, s. 32
shíshálh Nation Self-Government Act — S-6.6 30.4
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. 2022, c. 9, s. 32
shíshálh Nation Self-Government Act — S-6.6 31
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 . 1986, c. 27, s. 31 2022, c. 9, s. 32
shíshálh Nation Self-Government Act — S-6.6 32
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. 1986, c. 27, s. 32 2022, c. 9, s. 33
shíshálh Nation Self-Government Act — S-6.6 33
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. 1986, c. 27, s. 33 2022, c. 9, s. 34
shíshálh Nation Self-Government Act — S-6.6 34
Appropriations 34 Any amounts required for the purposes of section 33 shall be paid out of such moneys as may be appropriated by Parliament for those purposes.
shíshálh Nation Self-Government Act — S-6.6 35
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). 1986, c. 27, s. 35 2022, c. 9, s. 35
shíshálh Nation Self-Government Act — S-6.6 36
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. 1986, c. 27, s. 36 2022, c. 9, s. 35
shíshálh Nation Self-Government Act — S-6.6 37
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. 1986, c. 27, s. 37 2022, c. 9, s. 36
shíshálh Nation Self-Government Act — S-6.6 37.1
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. 2022, c. 9, s. 36
shíshálh Nation Self-Government Act — S-6.6 38
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. 1986, c. 27, s. 38 2022, c. 9, s. 37
shíshálh Nation Self-Government Act — S-6.6 39
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. 1986, c. 27, s. 39 2022, c. 9, s. 38
shíshálh Nation Self-Government Act — S-6.6 40
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. 1986, c. 27, s. 40 2022, c. 9, s. 38
shíshálh Nation Self-Government Act — S-6.6 41
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. 1986, c. 27, s. 41 2022, c. 9, s. 38
shíshálh Nation Self-Government Act — S-6.6 42
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. 1986, c. 27, s. 42 2022, c. 9, s. 38
shíshálh Nation Self-Government Act — S-6.6 43
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. 1986, c. 27, s. 43 2022, c. 9, s. 39
shíshálh Nation Self-Government Act — S-6.6 44
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. 1986, c. 27, s. 44 2022, c. 9, s. 40
shíshálh Nation Self-Government Act — S-6.6 Coming into force
Coming into force * 61 This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation. * [Note: Act, except sections 17 to 20, in force October 9, 1986, see SI/86-193; sections 17 to 20 in force, see SI/88-48.]
shíshálh Nation Self-Government Act — S-6.6 Other references to Minister
Other references to Minister (3) Unless the context requires otherwise, every reference to the “Minister” is to be read as a reference to the “Minister of Crown-Indigenous Relations” in sections 12 and 13 of the Sechelt Indian Band Self-Government Act .
Secure Air Travel Act — S-6.7 1
Short title 1 This Act may be cited as the Secure Air Travel Act .
Secure Air Travel Act — S-6.7 2
Binding on Her Majesty 2 This Act is binding on Her Majesty in right of Canada or a province.
Secure Air Travel Act — S-6.7 3
Definitions 3 The following definitions apply in this Act. air carrier has the same meaning as in subsection 3(1) of the Aeronautics Act . ( transporteur aérien ) aviation reservation system has the same meaning as in subsection 3(1) of the Aeronautics Act . ( système de réservation de services aériens ) list means the list established under subsection 8(1). ( liste ) listed person means a person whose name is on the list. ( personne inscrite ) Minister means the Minister of Public Safety and Emergency Preparedness. ( ministre ) screening has the same meaning as in section 4.7 of the Aeronautics Act . ( contrôle ) sterile area has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012 . ( zone stérile ) transportation security has the same meaning as in subsection 4.81(0.1) of the Aeronautics Act . ( sûreté des transports )
Secure Air Travel Act — S-6.7
air carrier has the same meaning as in subsection 3(1) of the Aeronautics Act . ( transporteur aérien )
Secure Air Travel Act — S-6.7
aviation reservation system has the same meaning as in subsection 3(1) of the Aeronautics Act . ( système de réservation de services aériens )
Secure Air Travel Act — S-6.7
list means the list established under subsection 8(1). ( liste )
Secure Air Travel Act — S-6.7
listed person means a person whose name is on the list. ( personne inscrite )
Secure Air Travel Act — S-6.7
Minister means the Minister of Public Safety and Emergency Preparedness. ( ministre )
Secure Air Travel Act — S-6.7
screening has the same meaning as in section 4.7 of the Aeronautics Act . ( contrôle )
Secure Air Travel Act — S-6.7
sterile area has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012 . ( zone stérile )
Secure Air Travel Act — S-6.7
transportation security has the same meaning as in subsection 4.81(0.1) of the Aeronautics Act . ( sûreté des transports )
Secure Air Travel Act — S-6.7 4
General rule 4 (1) Subject to any regulations made under this Act, this Act applies to all persons, both inside and outside Canada. Conflict of laws (2) Nothing in this Act is to be construed as requiring a person to contravene, or an aircraft to be operated in contravention of, a law of a foreign state that applies to or in respect of the person or aircraft.
Secure Air Travel Act — S-6.7 5
Contraventions outside Canada 5 Every person who commits an act or omission outside Canada that if committed in Canada would be a contravention of a provision of this Act or its regulations is deemed to have committed the act or omission in Canada, and the person may be proceeded against and punished in the place in Canada where the person is found, as if the contravention had been committed in that place.
Secure Air Travel Act — S-6.7 6
Duty — air carriers 6 (1) An air carrier that holds Canadian aviation documents, as defined in subsection 3(1) of the Aeronautics Act , must comply with the requirements of this Act and its regulations before allowing any person to board an aircraft or transporting any person. Duty to provide information to Minister (2) An air carrier must provide to the Minister within any time and in any manner that may be prescribed by regulation, the following information about each person who is on board or expected to be on board an aircraft for any flight prescribed by regulation, if that information is in the air carrier’s control: (a) their surname, first name and middle names; (b) their date of birth; (c) their gender; and (d) any other information that is prescribed by regulation. Deemed fulfilment of duty (3) If the information that an air carrier is required to provide under subsection (2) is provided to the Minister by an operator of an aviation reservation system, within any time and in any manner that may be prescribed for the purpose of that subsection, the air carrier is deemed to have provided that information to the Minister under that subsection. Duty to provide information on request (4) An air carrier or an operator of an aviation reservation system, as the case may be, must provide to the Minister or the Minister of Transport, or to any person or entity referred to in any of paragraphs 10(b) to (f) who is prescribed by regulation, the information that is requested by that Minister, person or entity about any person who is on board or expected to be on board an aircraft for any flight prescribed by regulation, if the information is in the air carrier’s or operator’s control. Limitation — Minister and Minister of Transport (5) The Minister or the Minister of Transport may request, under subsection (4), only information that is set out in the schedule to the Aeronautics Act or is prescribed by regulation, and he or she may request that information only in respect of a listed person or a person who he or she has reason to believe is a listed person. Limitation — other persons or entities (6) Any person or entity referred to in any of paragraphs 10(b) to (f) who is prescribed by regulation may request, under subsection (4), only information that is set out in the schedule to the Aeronautics Act or is prescribed by regulation, and they may request that information only in respect of a listed person or a person who they have reason to believe is a listed person and only if the information is to be used for the purpose of assisting the Minister in the administration and enforcement of this Act. 2015, c. 20, s. 11 “6” 2019, c. 13, s. 127
Secure Air Travel Act — S-6.7 7
Delegation 7 The Minister may delegate his or her powers, duties and functions under this Act to any officer or employee, or any class of officers or employees, of the Department of Public Safety and Emergency Preparedness.
Secure Air Travel Act — S-6.7 7.1
Exemption power — urgent situations, etc. 7.1 (1) The Minister may, by order, on any terms that may be specified in the order, exempt an air carrier or a class of air carriers from the application of subsection 6(2) or of a provision of the regulations with respect to any flight specified in the order if, in his or her opinion, (a) the urgency of a situation or circumstances beyond the air carrier’s control would make it difficult for it to comply with that subsection or provision; and (b) the exemption is not likely to adversely affect transportation security. Exemption from Statutory Instruments Act (2) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act . 2019, c. 13, s. 128
Secure Air Travel Act — S-6.7 7.2
Exemption power — tests 7.2 The Minister may, by order, for any period and on any terms that may be specified in the order, exempt an air carrier or a class of air carriers from the application of a provision of the regulations to allow for the conduct of tests, including tests of new kinds of technologies and tests of alternative measures to those set out in the provision, so as to allow him or her to determine whether any changes to the regulations are required as a result, if, in his or her opinion, the exemption is not likely to adversely affect transportation security. 2019, c. 13, s. 128
Secure Air Travel Act — S-6.7 8
List 8 (1) The Minister may establish a list on which is placed the surname, first name and middle names, any alias, the date of birth and the gender of any person, and any other information that is prescribed by regulation that serves to identify the person, if the Minister has reasonable grounds to suspect that the person will (a) engage or attempt to engage in an act that would threaten transportation security; or (b) travel by air for the purpose of committing an act or omission that (i) is an offence under section 83.18, 83.19 or 83.2 of the Criminal Code or an offence referred to in paragraph (c) of the definition terrorism offence in section 2 of that Act, or (ii) if it were committed in Canada, would constitute an offence referred to in subparagraph (i). Review of list (2) The Minister must review the list every 90 days to determine whether the grounds for which each person’s name was added to the list under subsection (1) still exist and whether the person’s name should remain on the list. The review does not affect the validity of the list. Amendment of list (3) The Minister may at any time amend the list (a) by deleting the name of a person and all information relating to them if the grounds for which their name was added to the list no longer exist; or (b) by changing the information relating to a listed person. Exemption from Statutory Instruments Act (4) The list is exempt from the application of the Statutory Instruments Act . 2015, c. 20, s. 11 “8” 2019, c. 13, s. 129
Secure Air Travel Act — S-6.7 9
Directions 9 (1) The Minister may direct an air carrier to take a specific, reasonable and necessary action to prevent a listed person from engaging in any act set out in subsection 8(1) and may make directions respecting, in particular, (a) the denial of transportation to a person; or (b) the screening of a person before they enter a sterile area of an airport or board an aircraft. Exemption from Statutory Instruments Act (2) A direction made under subsection (1) is exempt from the application of the Statutory Instruments Act .
Secure Air Travel Act — S-6.7 10
Assistance to Minister 10 The following persons or entities may assist the Minister in the administration and enforcement of this Act, including by collecting information from, and disclosing information to, the Minister and each other: (a) the Minister of Transport; (b) the Minister of Citizenship and Immigration; (c) a member of the Royal Canadian Mounted Police or a civilian employee of that police force; (d) the Director or an employee of the Canadian Security Intelligence Service; (e) an officer or employee of the Canada Border Services Agency; and (f) any other person or entity prescribed by regulation.
Secure Air Travel Act — S-6.7 10.1
Pre-flight verification of identity 10.1 The Minister may, for the purpose of issuing a unique identifier to a person to assist with the verification of their identity before a flight, collect any personal information that they provide. 2019, c. 13, s. 130
Secure Air Travel Act — S-6.7 10.2
Identification of listed persons 10.2 The Minister may, for the purpose of identifying listed persons who are on board or expected to be on board an aircraft, (a) collect the information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3); and (b) collect the information that is provided under subsection 6(4). 2019, c. 13, s. 130
Secure Air Travel Act — S-6.7 10.3
Disclosure of information provided under subsection 6(2) 10.3 (1) The Minister may disclose information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3) (a) for the purpose of obtaining assistance in identifying listed persons who are on board or expected to be on board an aircraft, if the information relates to a person who the Minister has reason to believe is a listed person; and (b) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or with rules of court relating to the production of information. Listed persons (2) Subject to section 12, the Minister may, for the purpose of ensuring transportation security or preventing the travel referred to in paragraph 8(1)(b), disclose information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3), if the information relates to a listed person. 2019, c. 13, s. 130
Secure Air Travel Act — S-6.7 11
Disclosure of other information 11 Subject to section 12, the Minister may, for the purpose of ensuring transportation security or preventing the travel referred to in paragraph 8(1)(b), disclose information that is obtained in the exercise or performance of his or her powers, duties or functions under this Act, other than information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3). 2015, c. 20, s. 11 “11” 2019, c. 13, s. 130