GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
shíshálh Nation Self-Government Act — S-6.6
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,
shíshálh Nation Self-Government Act — S-6.6
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
shíshálh Nation Self-Government Act — S-6.6
implementing the United Nations Declaration on the Rights of Indigenous Peoples;
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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 ;
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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;
shíshálh Nation Self-Government Act — S-6.6
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;
shíshálh Nation Self-Government Act — S-6.6
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
shíshálh Nation Self-Government Act — S-6.6
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;
shíshálh Nation Self-Government Act — S-6.6
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;
shíshálh Nation Self-Government Act — S-6.6
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
shíshálh Nation Self-Government Act — S-6.6 1
Short title 1 This Act may be cited as the shíshálh Nation Self-Government Act . 1986, c. 27, s. 1 2022, c. 9, s. 10
shíshálh Nation Self-Government Act — S-6.6 2
Definitions 2 (1) In this Act, Band [Repealed, 2022, c. 9, s. 12] 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 ) District Council means the shíshálh Nation Government District Council established by subsection 19(1); ( conseil de district ) 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 ) Minister means the Minister of Crown-Indigenous Relations; ( ministre ) Sechelt Indian Band means the Band established by subsection 5(1) of the former Act; ( bande indienne sechelte ) Sechelt lands [Repealed, 2022, c. 9, s. 12] 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 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 ) Lands ceasing to be shíshálh lands (2) Any shíshálh lands to which the title is sold or otherwise transferred cease to be shíshálh lands. 1986, c. 27, s. 2 2019, c. 29, s. 373 2022, c. 9, s. 12
shíshálh Nation Self-Government Act — S-6.6
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 )
shíshálh Nation Self-Government Act — S-6.6
District means the shíshálh Nation Government District referred to in section 17; ( district )
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District Council means the shíshálh Nation Government District Council established by subsection 19(1); ( conseil de district )
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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 )
shíshálh Nation Self-Government Act — S-6.6
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 )
shíshálh Nation Self-Government Act — S-6.6
Minister means the Minister of Crown-Indigenous Relations; ( ministre )
shíshálh Nation Self-Government Act — S-6.6
Sechelt Indian Band means the Band established by subsection 5(1) of the former Act; ( bande indienne sechelte )
shíshálh Nation Self-Government Act — S-6.6
Sechelt lands [Repealed, 2022, c. 9, s. 12]
shíshálh Nation Self-Government Act — S-6.6 (a)
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 )
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shíshálh law means a law made by the Council under section 14 or 28. ( loi shishalhe )
shíshálh Nation Self-Government Act — S-6.6
shíshálh Nation means the Nation referred to in section 5; ( Nation shishalhe )
shíshálh Nation Self-Government Act — S-6.6 3
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. 1986, c. 27, s. 3 2022, c. 9, s. 13
shíshálh Nation Self-Government Act — S-6.6 3.1
Rights of shíshálh Nation 3.1 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. 2022, c. 9, s. 13
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Purposes 4 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. 1986, c. 27, s. 4 2022, c. 9, s. 14
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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, (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. 1986, c. 27, s. 5 2022, c. 9, s. 14
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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 (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. 1986, c. 27, s. 6 2022, c. 9, s. 16
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Nation subject to its constitution 7 The powers and duties of the shíshálh Nation shall be carried out in accordance with its constitution. 1986, c. 27, s. 7 2022, c. 9, s. 17
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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. 1986, c. 27, s. 8 2022, c. 9, s. 17
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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. 1986, c. 27, s. 9 2022, c. 9, s. 17
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Elements of constitution 10 (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. 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. 1986, c. 27, s. 10 2022, c. 9, s. 19
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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. 1986, c. 27, s. 12 2022, c. 9, s. 20
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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 (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. 1986, c. 27, s. 13 2022, c. 9, s. 20
shíshálh Nation Self-Government Act — S-6.6 14.1
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 (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. 2022, c. 9, s. 22
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Legislative powers granted by British Columbia 15 The Council may exercise any legislative power granted to it by or pursuant to an Act of the legislature of British Columbia.
shíshálh Nation Self-Government Act — S-6.6 15.1
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. 2022, c. 9, s. 23
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Non-application of Statutory Instruments Act 16 The Statutory Instruments Act does not apply to a shíshálh law. 1986, c. 27, s. 16 2022, c. 9, s. 23
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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). 1986, c. 27, s. 17 2022, c. 9, s. 23
shíshálh Nation Self-Government Act — S-6.6 18
Capacity of District 18 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. 1986, c. 27, s. 18 2022, c. 9, s. 24
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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.” Composition of District Council (2) The District Council shall consist of the members of the Council. 1986, c. 27, s. 19 2022, c. 9, s. 25
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District to act through District Council 20 The District shall act through the District Council in exercising its powers and carrying out its duties and functions.
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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 (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. 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. 1986, c. 27, s. 21 2022, c. 9, s. 26
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Additional powers of District 22 The District may exercise any legislative power granted to it by or pursuant to an Act of the legislature of British Columbia.
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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 (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. 1986, c. 27, s. 24 2022, c. 9, s. 28
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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. 1986, c. 27, s. 25 2022, c. 9, s. 29
shíshálh Nation Self-Government Act — S-6.6 25.1
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 (a) the Governor in Council, by order; and (b) the Lieutenant Governor in Council of British Columbia. 2022, c. 9, s. 29
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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. 1986, c. 27, s. 26 2022, c. 9, s. 29
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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 (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. 1986, c. 27, s. 27 2022, c. 9, s. 29
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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. 1986, c. 27, s. 28 2022, c. 9, s. 29
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Notice 29 (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. 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). 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. 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. 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. 1986, c. 27, s. 29 2022, c. 9, s. 30