An Act to give effect to the Anishinabek Nation Governance Agreement, to amend the Sechelt Indian Band Self-Government Act and the Yukon First Nations Self-Government Act and to make related and consequential amendments to other Acts (S.C. 2022, c. 9)
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Assented to 2022-06-23
PART 1Anishinabek Nation Governance Agreement Act (continued)
Coordinating Amendments
Marginal note:2013, c. 25
6 (1) In this section, other Act means the Yale First Nation Final Agreement Act.
(2) If section 20 of the other Act comes into force before section 3 of this Act, then that section 3 is replaced by the following:
3 Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):
(k) a First Nation Government or the Anishinabek Nation Government, as defined in section 2 of the Anishinabek Nation Governance Agreement Act, or an Anishinaabe Institution, within the meaning of section 1.1 of the Agreement, as defined in section 2 of that Act.
(3) If section 3 of this Act comes into force before section 20 of the other Act, then that section 20 is replaced by the following:
20 Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):
(k) the Yale First Nation Government, as defined in subsection 2(2) of the Yale First Nation Final Agreement Act.
(4) If section 20 of the other Act comes into force on the same day as section 3 of this Act, then that section 20 is deemed to have come into force before that section 3 and subsection (2) applies as a consequence.
(5) If section 23 of the other Act comes into force before subsection 4(2) of this Act, then that subsection 4(2) is replaced by the following:
(2) Subsection 8(7) of the Act is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):
(k) a First Nation Government or the Anishinabek Nation Government, as defined in section 2 of the Anishinabek Nation Governance Agreement Act, or an Anishinaabe Institution, within the meaning of section 1.1 of the Agreement, as defined in section 2 of that Act.
(6) If subsection 4(2) of this Act comes into force before section 23 of the other Act, then that section 23 is replaced by the following:
23 Subsection 8(7) of the Privacy Act is amended by striking out “or” at the end of paragraph (i), by adding “or’’ at the end of paragraph (j) and by adding the following after paragraph (j):
(k) the Yale First Nation Government, as defined in subsection 2(2) of the Yale First Nation Final Agreement Act.
(7) If section 23 of the other Act comes into force on the same day as subsection 4(2) of this Act, then that section 23 is deemed to have come into force before that subsection 4(2) and subsection (5) applies as a consequence.
Coming into Force
Marginal note:Order in council
7 This Part, other than section 6, comes into force on a day to be fixed by order of the Governor in Council.
PART 21986, c. 27Sechelt Indian Band Self-Government Act
Amendments to the Act
8 The long title of the Sechelt Indian Band Self-Government Act is replaced by the following:
9 The preamble to the Act is replaced by the following:
Preamble
Whereas the Government of Canada is committed to
achieving reconciliation with the shíshálh Nation and other First Nations, through renewed nation-to-nation relationships based on recognition of rights, respect, cooperation and partnership,
responding, to the extent of its authority, to the Calls to Action in the Final Report of the Truth and Reconciliation Commission of Canada and the Calls for Justice in the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, and
implementing the United Nations Declaration on the Rights of Indigenous Peoples;
Whereas the Government of Canada recognizes that the inherent right of self-government is a right recognized and affirmed by section 35 of the Constitution Act, 1982;
Whereas the Government of Canada also recognizes the shíshálh Nation’s unique connection to the land and resources, and that maintaining this connection is essential to the preservation of the Nation’s culture, health, economy, laws, systems of governance and, consequently, to the future of the Nation;
Whereas the members of the Indian Act Sechelt band, in a referendum held on March 15, 1986, approved of
the enactment of legislation substantially as set out in the Sechelt Indian Band Self-Government Act, as it read on October 9, 1986, for the purpose of enabling the Sechelt Indian Band to exercise self-government over its lands, and
the transfer by Her Majesty in right of Canada to the Sechelt Indian Band of fee simple title in all Sechelt reserve lands, recognizing that the Sechelt Indian Band would assume complete responsibility, in accordance with the Sechelt Indian Band Self-Government Act, as it read on that date, for the management, administration and control of all Sechelt lands;
And whereas it is appropriate, based on collaborative exchanges between the Government of Canada and the shíshálh Nation, to include in this Act certain elements provided for in self-government agreements;
10 Section 1 of the Act is replaced by the following:
Marginal note:Short title
1 This Act may be cited as the shíshálh Nation Self-Government Act.
11 The heading before section 2 of the French version of the Act is replaced by the following:
Définitions et interprétation
12 (1) The definitions Band and Sechelt lands in subsection 2(1) of the Act are repealed.
(2) The definitions Council and District in subsection 2(1) of the Act are replaced by the following:
- Council
Council means the council continued by subsection 8(1) under the name hiwus Ɂiy te hihewhiwus and referred to in Part II of the constitution of the shíshálh Nation as amended by Order in Council P.C. 2019-1225 of August 17, 2019; (conseil)
- District
District means the shíshálh Nation Government District referred to in section 17; (district)
(3) The definition District Council in subsection 2(1) of the English version of the Act is replaced by the following:
- District Council
District Council means the shíshálh Nation Government District Council established by subsection 19(1); (conseil de district)
(4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
- former Act
former Act means this Act as it read immediately before the coming into force of section 8 of An Act to give effect to the Anishinabek Nation Governance Agreement, to amend the Sechelt Indian Band Self-Government Act and the Yukon First Nations Self-Government Act and to make related and consequential amendments to other Acts; (loi antérieure)
- Indigenous peoples of Canada
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982; (peuples autochtones du Canada)
- Sechelt Indian Band
Sechelt Indian Band means the Band established by subsection 5(1) of the former Act; (bande indienne sechelte)
- shíshálh lands
shíshálh lands means
(a) lands transferred to the Sechelt Indian Band on October 9, 1986 under section 23 of the former Act, or
(b) lands described in declarations referred to in section 25.1; (terres shishalhes)
- shíshálh law
shíshálh law means a law made by the Council under section 14 or 28. (loi shishalhe)
- shíshálh Nation
shíshálh Nation means the Nation referred to in section 5; (Nation shishalhe)
(5) Subsection 2(2) of the Act is replaced by the following:
Marginal note:Lands ceasing to be shíshálh lands
(2) Any shíshálh lands to which the title is sold or otherwise transferred cease to be shíshálh lands.
13 Section 3 of the Act is replaced by the following:
Marginal note:Rights of Indigenous peoples
3 This Act shall be construed as upholding the Aboriginal rights of the shíshálh Nation and the rights of any other Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.
Marginal note:Rights of shíshálh Nation
3.1 For greater certainty, nothing in this Act shall be construed as
(a) limiting or restricting the position of the shíshálh Nation or any other person with respect to
(i) any Aboriginal rights, including the inherent right of self-government and the Aboriginal title, of the Nation that are recognized and affirmed by section 35 of the Constitution Act, 1982, or
(ii) the Nation’s identity as an Indigenous people of Canada; or
(b) restricting the Nation from participating in any process that may be established to implement the inherent right of self-government, including on a regional or national basis.
14 Sections 4 and 5 of the Act are replaced by the following:
Marginal note:Purposes
4 The purposes of this Act are to
(a) support the exercise of aspects of the shíshálh Nation’s inherent right of self-government;
(b) support the Nation in its control over and administration of the resources and services available to its members; and
(c) contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples as it relates to the self-government of the Nation.
shíshálh Nation
Marginal note:Continuation
5 The Sechelt Indian Band, established under subsection 5(1) of the former Act, is continued under the name “shíshálh Nation” and, for greater certainty,
(a) the rights, titles, interests, assets, obligations and liabilities of the Sechelt Indian Band, including those of its council, are those of the Nation; and
(b) the members of the Sechelt Indian Band are the members of the Nation.
15 The heading before section 6 of the Act is replaced by the following:
Capacity and Powers of shíshálh Nation
16 (1) The portion of section 6 of the Act before paragraph (a) is replaced by the following:
Marginal note:Capacity of Nation
6 The shíshálh Nation is a legal entity and has, subject to this Act, the capacity, rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, may
(2) Paragraph 6(b) of the Act is replaced by the following:
(b) acquire and hold property or any right or interest in it, and sell or otherwise dispose of that property, right or interest;
17 Sections 7 to 9 of the Act are replaced by the following:
Marginal note:Nation subject to its constitution
7 The powers and duties of the shíshálh Nation shall be carried out in accordance with its constitution.
Council of shíshálh Nation
Marginal note:Governing body
8 (1) The Sechelt Indian Band Council, referred to in section 8 of the former Act, is continued as the council and governing body of the shíshálh Nation under the name hiwus Ɂiy te hihewhiwus.
Marginal note:Election of members
(2) The members of the council continued under subsection (1) shall be elected in accordance with the constitution of the Nation.
Marginal note:Nation to act through Council
9 The shíshálh Nation shall act through the Council in exercising its powers and carrying out its duties and functions.
18 The heading before section 10 of the Act is replaced by the following:
Constitution of shíshálh Nation
19 (1) The portion of subsection 10(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Elements of constitution
10 (1) The constitution of the shíshálh Nation shall be in writing and shall
(2) Paragraphs 10(1)(b) and (c) of the Act are replaced by the following:
(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;
(3) Paragraph 10(1)(d) of the English version of the Act is replaced by the following:
(d) include a membership code for the Nation;
(4) Paragraphs 10(1)(e) and (f) of the Act are replaced by the following:
(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;
(5) Subsection 10(1) of the Act is amended by striking out “and” at the end of paragraph (g) and by replacing paragraph (h) with the following:
(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.
(6) Subsection 10(2) of the Act is replaced by the following:
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.
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