Sechelt Indian Band Self-Government Act (S.C. 1986, c. 27)

Act current to 2016-08-15

Marginal note:Final list of interests
  •  (1) The Minister shall cause to be prepared, not later than ten days after the expiration of the period referred to in subsection 29(3), a final list of all rights and interests in Sechelt lands in respect of which laws are 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.

Sechelt Lands

Marginal note:Class 24 of section 91

 For greater certainty, Sechelt lands are lands reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867.

Moneys

Marginal note:Moneys
  •  (1) Moneys held by Her Majesty in right of Canada for the use and benefit of the Indian Act Sechelt band shall be transferred to the Band.

  • Marginal note:Limitation

    (2) Moneys transferred under this section shall be administered in accordance with the constitution and laws of the Band.

Funding

Marginal note:Agreements between Minister and Band

 The Minister may, with the approval of the Governor in Council, enter into an agreement with the Band under which funding would be provided by the government of Canada to the Band in the form of grants over such period of time, and subject to such terms and conditions, as are specified in the agreement.

Marginal note:Appropriations

 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
  •  (1) Subject to section 36, the Indian Act applies, with such modifications as the circumstances require, in respect of the Band, its members, the Council and Sechelt lands except to the extent that the Indian Act is inconsistent with this Act, the constitution of the Band or a law of the Band.

  • Marginal note:Indians

    (2) For greater certainty, the Indian Act applies for the purpose of determining which members of the Band are “Indians” within the meaning of that Act.

  • Marginal note:Taxation provisions

    (3) For greater certainty, section 87 of the Indian Act applies, with such modifications as the circumstances require, in respect of the Band and its members who are Indians within the meaning of that Act, subject to any laws made by the Council in relation to the class of matters set out in paragraph 14(1)(e).

Marginal note:Declaration that Act not apply

 The Governor in Council may, on the advice of the Minister, by order declare that the Indian Act or any provision thereof does not apply to

  • (a) the Band or its members, or

  • (b) any portion of Sechelt lands,

and may, on the advice of the Minister, by order revoke any such order.

Application of Laws of Canada

Marginal note:General laws of Canada applicable to Band

 All federal laws of general application in force in Canada are applicable to and in respect of the Band, its members and Sechelt lands, except to the extent that those laws are inconsistent with this Act.

Application of Laws of British Columbia

Marginal note:Laws of general application of British Columbia

 Laws of general application of British Columbia apply to or in respect of the members of the Band 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 Band or a law of the Band.

Application of Laws Relating to Natural Resources

Marginal note:Indian Oil and Gas Act

 The Indian Oil and Gas Act, as amended from time to time, applies, with such modifications as the circumstances require, in respect of the Band, its members, the Council and Sechelt lands.

Marginal note:British Columbia Indian Reserves Mineral Resources Act

 For greater certainty, the British Columbia Indian Reserves Mineral Resources Act, being chapter 19 of the Statutes of Canada, 1943-44, as amended from time to time, applies in respect of Sechelt lands.

Marginal note:Indian Reserves Minerals Resources Act

 The Indian Reserves Minerals Resources Act, being chapter 192 of the Revised Statutes of British Columbia, 1979, as amended from time to time, applies in respect of Sechelt lands.

Application of By-laws

Marginal note:Continuation in force of by-laws

 The by-laws of the Indian Act Sechelt band that are in force immediately before this Act comes into force remain in force on Sechelt lands that were, at that time, reserves, within the meaning of the Indian Act, of the Indian Act Sechelt band and in respect of the members of the Band to the extent that the by-laws are consistent with this Act, the constitution of the Band or a law of the Band.

Governor in Council and Ministers

Marginal note:Powers, functions and duties in constitution

 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, as the case may be, is authorized under the constitution of the Band to exercise or carry out.

Transitional Provisions

Marginal note:Existing council of Indian Act Sechelt band
  •  (1) The council of the Indian Act Sechelt band that is in office pursuant to the Indian Act immediately before the coming into force of section 5 shall be deemed to be the Council and to have been elected in accordance with the constitution of the Band.

  • Marginal note:Term of office

    (2) The council of the Indian Act Sechelt band referred to in subsection (1) shall continue in office as the Council until a new Council has been elected in accordance with the constitution of the Band.

  • Marginal note:Indian Act applies

    (3) Any provisions of the Indian Act relating to elections of band councils and the qualification of persons to hold office as chief or councillor apply to the council of the Indian Act Sechelt band until a new Council has been elected in accordance with the constitution of the Band.

Marginal note:Members of Indian Act Sechelt band
  •  (1) The members of the Indian Act Sechelt band, immediately before the coming into force of this Act, are the members of the Sechelt Indian band immediately after the coming into force of the Act.

  • Marginal note:Membership provisions apply

    (2) For greater certainty, during any period after this Act comes into force but before the Band constitution comes into force the provisions of the Indian Act relating to membership apply in respect of the Sechelt Indian Band.

Marginal note:Disposition of Sechelt lands

 For greater certainty, during any period after this Act comes into force but before the constitution of the Band comes into force, the provisions of the Indian Act relating to the disposition of rights or interests in reserves, within the meaning of that Act, apply in respect of Sechelt lands.

Consequential Amendments

 [Amendments to other Acts]

Commencement

Marginal note:Coming into force

Footnote * This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation.

  • Return to footnote *[Note: Act, except sections 17 to 20, in force October 9, 1986, see SI/86-193; sections 17 to 20 in force, see SI/88-48.]

 
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