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 (S.C. 2022, c. 9)
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Assented to 2022-06-23
PART 21986, c. 27Sechelt Indian Band Self-Government Act (continued)
Amendments to the Act (continued)
20 Sections 11 to 13 of the Act are replaced by the following:
Marginal note: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.
Marginal note: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.
21 (1) The portion of subsection 14(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Legislative powers
14 (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;
(2) Paragraph 14(1)(b) of the English version of the Act is replaced by the following:
(b) zoning and land use planning in respect of shíshálh lands;
(3) Paragraph 14(1)(c) of the Act is replaced by the following:
(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;
(4) Paragraph 14(1)(d) of the English version of the Act is replaced by the following:
(d) the use, construction, maintenance, repair and demolition of buildings and structures on shíshálh lands;
(5) Paragraphs 14(1)(e) to (h) of the Act are replaced by the following:
(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;
(6) Paragraphs 14(1)(i) to (n) of the English version of the Act are replaced by the following:
(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;
(7) Paragraphs 14(1)(o) to (r) of the Act are replaced by the following:
(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;
(8) Paragraph 14(1)(s) of the English version of the Act is replaced by the following:
(s) the conduct of the Nation’s elections and referenda;
(9) Paragraphs 14(1)(t) and (u) of the Act are replaced by the following:
(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.
(10) Section 14 of the Act is amended by adding the following after subsection (1):
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.
22 The Act is amended by adding the following after section 14:
Marginal note: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.
23 Sections 16 and 17 of the Act are replaced by the following:
Marginal note: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.
Marginal note:Non-application of Statutory Instruments Act
16 The Statutory Instruments Act does not apply to a shíshálh law.
shíshálh Nation Government District
Marginal note: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).
24 (1) The portion of section 18 of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Capacité
18 Le district est une entité juridique dotée de la capacité et des droits, pouvoirs et privilèges d’une personne physique. Il peut notamment :
(2) Paragraph 18(b) of the Act is replaced by the following:
(b) acquire and hold property or any right or interest in it, and sell or otherwise dispose of that property, right or interest;
25 Subsection 19(1) of the Act is replaced by the following:
Marginal note: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.”
26 Section 21 of the Act is replaced by the following:
Marginal note: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.
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.
27 Section 23 of the Act is repealed.
28 (1) The portion of section 24 of the Act before paragraph (b) is replaced by the following:
Marginal note: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;
(2) Paragraph 24(c) of the French version of the Act is replaced by the following:
c) aux droits ou intérêts conférés par tout titre — hypothèque, bail, permis d’occupation, certificat de possession ou autre — en cours de validité à l’égard des terres à l’entrée en vigueur du présent article.
29 Sections 25 to 28 of the Act are replaced by the following:
Marginal note: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.
Lands Declared to be shíshálh Lands
Marginal note: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.
Disposition of shíshálh Lands
Marginal note: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.
Registration of shíshálh Lands
Marginal note: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.
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
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.
30 (1) The portion of subsection 29(2) of the Act before subparagraph (b)(i) is replaced by the following:
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
(2) Subsection 29(3) of the Act is replaced by the following:
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.
31 (1) Subsection 30(1) of the Act is replaced by the following:
Marginal note: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.
(2) Subsection 30(3) of the French version of the Act is replaced by the following:
Marginal note:Caractère de la liste
(3) La liste définitive est la seule référence quant aux droits ou intérêts sur les terres qu’elle vise à compter de la date de son établissement.
32 Section 31 of the Act and the heading before it are replaced by the following:
Marginal note: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.
Marginal note:Establishment of Register
30.2 The Minister shall establish the shíshálh Lands Register in accordance with any agreement entered into under section 30.1.
Marginal note: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.
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).
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Exception
(4) This section does not apply with respect to any shíshálh lands that are registered pursuant to section 28.
shíshálh Lands
Marginal note: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.
Marginal note: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.
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