shíshálh Nation Self-Government Act

Marginal note: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.

• Marginal note: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.