shíshálh Nation Self-Government Act

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• Marginal note:Transfer — legislation repealed

  (5) The Governor in Council may, on the advice of the Minister, by order, declare that sections 17 to 20 are no longer in force and transfer, to the Nation or the Council, as the case may be, the powers, duties and functions that were transferred to the District under subsection (1) or under subsection 21(2) of the former Act, if the legislation referred to in paragraph (2)(a) is no longer in force.