shíshálh Nation Self-Government Act

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;

  • (b) zoning and land use planning in respect of shíshálh lands;

  • (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;

  • (d) the use, construction, maintenance, repair and demolition of buildings and structures on shíshálh lands;

  • (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;

  • (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;

  • (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;

  • (s) the conduct of the Nation’s elections and referenda;

  • (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.

• 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.

• Marginal note:Limit on fine, penalty or imprisonment

  (2) A law made in respect of the class of matters set out in paragraph (1)(p) may specify a maximum fine or a maximum term of imprisonment or both, but the maximum fine may not exceed two thousand dollars and the maximum term of imprisonment may not exceed six months.

• Marginal note:Laws of British Columbia

  (3) For greater certainty, the Council has the power to adopt any laws of British Columbia as its own law if it is authorized by the constitution to make laws in relation to the subject-matter of those laws.

• Marginal note:Law may require licence or permit

  (4) A law made by the Council may require the holding of a licence or permit and may provide for the issuance thereof and fees therefor.