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)
33 Section 32 of the Act is replaced by the following:
Marginal note: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.
34 Section 33 of the Act is replaced by the following:
Marginal note: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.
35 Sections 35 and 36 of the Act are replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note: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).
Marginal note: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.
36 Section 37 of the Act is replaced by the following:
Marginal note: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.
Marginal note: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.
37 Section 38 of the Act is replaced by the following:
Marginal note: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.
38 Sections 39 to 42 of the Act are replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note: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.
Application of Former Laws and By-laws
Marginal note: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.
39 Section 43 of the Act is replaced by the following:
Marginal note: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.
40 Sections 44 to 46 of the Act are replaced by the following:
Marginal note: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.
Consequential Amendments
R.S., c. E-21Expropriation Act
Marginal note:R.S., c. 20 (2nd Supp.), s. 2
41 Subsection 4(3) of the Expropriation Act is replaced by the following:
Marginal note:Exception
(3) No right or interest in lands that are shíshálh lands, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act, may be expropriated under this Part without the consent of the Governor in Council.
R.S., c. F-24Fishing and Recreational Harbours Act
Marginal note:R.S., c. 20 (2nd Supp.), s. 3
42 Paragraph (c) of the definition agency in section 2 of the Fishing and Recreational Harbours Act is replaced by the following:
(c) the Council, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act, and
R.S., c. L-6Canada Lands Surveys Act
Marginal note:R.S., c. 20 (2nd Supp.), s. 4
43 Subparagraph 24(1)(a)(iii) of the Canada Lands Surveys Act is replaced by the following:
(iii) shíshálh lands, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act,
R.S., c. M-13; 2000, c. 8, s. 2Payments in Lieu of Taxes Act
Marginal note:R.S., c. 20 (2nd Supp.), s. 5
44 Paragraph (d) of the definition taxing authority in subsection 2(1) of the Payments in Lieu of Taxes Act is replaced by the following:
(d) the Council as defined in subsection 2(1) of the shíshálh Nation Self-Government Act, if it levies and collects a real property tax or a frontage or area tax in respect of shíshálh lands, as defined in that subsection,
R.S., c. P-21Privacy Act
45 Paragraph 8(6)(c) of the Privacy Act is replaced by the following:
(c) the shíshálh Nation, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act; or
2008, c. 22Specific Claims Tribunal Act
46 The reference to
Sechelt Indian Band Self-Government Act
Loi sur l’autonomie gouvernementale de la bande indienne sechelte
in Part 1 of the schedule to the Specific Claims Tribunal Act is replaced by the following:
shíshálh Nation Self-Government Act
Loi sur l’autonomie gouvernementale de la Nation shishalhe
2019, c. 28, s. 10Canadian Energy Regulator Act
47 Paragraph 317(3)(b) of the Canadian Energy Regulator Act is replaced by the following:
(b) shíshálh lands, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act.
PART 31994, c. 35Yukon First Nations Self-Government Act
48 Section 24 of the Yukon First Nations Self-Government Act is replaced by the following:
Marginal note:Funding agreements
24 The Minister may, subject to appropriations by Parliament, enter into an agreement with a first nation named in Schedule II for the provision of funding by the Government of Canada to the first nation over the period of time and subject to the terms and conditions specified in the agreement.
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