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

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.

Marginal note: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.

• 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

• 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.

• 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

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.

Moneys

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.

Funding

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.

Marginal note: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.

Application of Indian Act

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.