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

Act current to 2014-04-02

Marginal note:Constitution declared in force
  •  (1) The Governor in Council may, on the advice of the Minister, by order, declare that the constitution of the Band is in force, if

    • (a) the constitution includes or provides for the matters set out in paragraphs 10(1)(a) to (f);

    • (b) the constitution has the support of a majority of the electors of the Indian Act Sechelt band or of the Sechelt Indian Band; and

    • (c) the Governor in Council approves the constitution.

  • Marginal note:Referendum

    (2) The support of a majority of the electors of the Indian Act Sechelt band or of the Sechelt Indian Band shall, for the purposes of this section, be established by a referendum held in accordance with the Indian Referendum Regulations.

AMENDMENT TO BAND CONSTITUTION

Marginal note:Amendment to constitution

 The Governor in Council may, on the advice of the Minister, by order, declare in force an amendment to the constitution of the Band, if the amendment has been approved in a referendum held in accordance with the constitution of the Band and the Governor in Council approves the amendment.

PUBLICATION OF CONSTITUTION AND AMENDMENTS

Marginal note:Publication

 The Minister shall cause to be published in the Canada Gazette the constitution or any amendment thereto forthwith on issuing an order declaring the constitution or amendment in force under this Act.

LEGISLATIVE POWERS OF COUNCIL

Marginal note:Legislative powers of Council
  •  (1) The Council has, to the extent that it is authorized by the constitution of the Band 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 Sechelt lands;

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

    • (c) expropriation, for community purposes, of interests in Sechelt lands by the Band;

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

    • (e) taxation, for local purposes, of interests in Sechelt lands, and of occupants and tenants of Sechelt lands in respect of their interests in those lands, including assessment, collection and enforcement procedures and appeals relating thereto;

    • (f) the administration and management of property belonging to the Band;

    • (g) education of Band members on Sechelt lands;

    • (h) social and welfare services with respect to Band members, including, without restricting the generality of the foregoing, the custody and placement of children of Band members;

    • (i) health services on Sechelt lands;

    • (j) the preservation and management of natural resources on Sechelt lands;

    • (k) the preservation, protection and management of fur-bearing animals, fish and game on Sechelt lands;

    • (l) public order and safety on Sechelt lands;

    • (m) the construction, maintenance and management of roads and the regulation of traffic on Sechelt lands;

    • (n) the operation of businesses, professions and trades on Sechelt lands;

    • (o) the prohibition of the sale, barter, supply, manufacture or possession of intoxicants on Sechelt 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 law made by the Band government;

    • (q) the devolution, by testate or intestate succession, of real property of Band members on Sechelt lands and personal property of Band members ordinarily resident on Sechelt lands;

    • (r) financial administration of the Band;

    • (s) the conduct of Band elections and referenda;

    • (t) the creation of administrative bodies and agencies to assist in the administration of the affairs of the Band; and

    • (u) matters related to the good government of the Band, its members or Sechelt lands.

  • 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.