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

Act current to 2019-08-28 and last amended on 2019-07-15. Previous Versions

Sechelt Indian Band Self-Government Act

S.C. 1986, c. 27

Assented to 1986-06-17

An Act relating to self-government for the Sechelt Indian Band

Preamble

WHEREAS Parliament and the government of Canada are committed to enabling Indian bands that wish to exercise self-government on lands set apart for those bands to do so;

AND WHEREAS the members of the Indian Act Sechelt band, in a referendum held on March 15, 1986, approved of

  • (a) the enactment of legislation substantially as set out in this Act for the purpose of enabling the Sechelt Band to exercise self-government over its lands, and

  • (b) 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 this Act, for the management, administration and control of all Sechelt lands;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Sechelt Indian Band Self-Government Act.

Interpretation

Marginal note:Definitions

  •  (1) In this Act,

    Band

    Band means the Sechelt Indian Band established by subsection 5(1); (bande)

    Council

    Council means the Sechelt Indian Band Council referred to in section 8; (conseil)

    District

    District means the Sechelt Indian Government District recognized by section 17; (district)

    District Council

    District Council means the Sechelt Indian Government District Council established by subsection 19(1); (conseil de district)

    Minister

    Minister means the Minister of Crown-Indigenous Relations; (ministre)

    Sechelt lands

    Sechelt lands means

    • (a) lands transferred to the Band under section 23, and

    • (b) lands that are declared by the Governor in Council and the Lieutenant Governor in Council of British Columbia to be Sechelt lands for the purposes of this Act. (terres secheltes)

  • Marginal note:Sechelt lands

    (2) For greater certainty, Sechelt lands do not include lands described in the definition “Sechelt lands” in subsection (1) where the lands have been sold or the title to the lands has been otherwise transferred.

  • 1986, c. 27, s. 2
  • 2019, c. 29, s. 373

Marginal note:Aboriginal rights

 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the members of the Sechelt Indian Band, or any other aboriginal peoples of Canada, under section 35 of the Constitution Act, 1982.

Purposes of Act

Marginal note:Purposes

 The purposes of this Act are to enable the Sechelt Indian Band to exercise and maintain self-government on Sechelt lands and to obtain control over and the administration of the resources and services available to its members.

Sechelt Indian Band

Marginal note:Creation of Band

  •  (1) The Sechelt Indian Band is hereby established to replace the Indian Act Sechelt band.

  • Marginal note:Indian Act Sechelt band ceases to exist

    (2) The Indian Act Sechelt band ceases to exist, and all its rights, titles, interests, assets, obligations and liabilities, including those of its band council, vest in the Sechelt Indian Band established under subsection (1).

Capacity and Powers of Band

Marginal note:Capacity of band

 The Band 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

  • (a) enter into contracts or agreements;

  • (b) acquire and hold property or any interest therein, and sell or otherwise dispose of that property or interest;

  • (c) expend or invest moneys;

  • (d) borrow money;

  • (e) sue or be sued; and

  • (f) do such other things as are conducive to the exercise of its rights, powers and privileges.

Marginal note:Band subject to its constitution

 The powers and duties of the Band shall be carried out in accordance with its constitution.

Sechelt Indian Band Council

Marginal note:Sechelt Indian Band Council

 The Sechelt Indian Band Council shall be the governing body of the Band, and its members shall be elected in accordance with the constitution of the Band.

Marginal note:Band to act through Council

 The Band shall act through the Council in exercising its powers and carrying out its duties and functions.

Band Constitution

Marginal note:Elements of constitution

  •  (1) The constitution of the Band shall be in writing and may

    • (a) establish the composition of the Council, the term of office and tenure of its members and procedures relating to the election of Council members;

    • (b) establish the procedures or processes to be followed by the Council in exercising the Band’s powers and carrying out its duties;

    • (c) provide for a system of financial accountability of the Council to the members of the Band, including audit arrangements and the publication of financial reports;

    • (d) include a membership code for the Band;

    • (e) establish rules and procedures relating to the holding of referenda referred to in section 12 or subsection 21(3) or provided for in the constitution of the Band;

    • (f) establish rules and procedures to be followed in respect of the disposition of rights and interests in Sechelt lands;

    • (g) set out specific legislative powers of the Council selected from among the general classes of matters set out in section 14; and

    • (h) provide for any other matters relating to the government of the Band, its members or Sechelt lands.

  • Marginal note:Membership code

    (2) A membership code established in the constitution of the Band shall respect rights to membership in the Indian Act Sechelt band acquired under the Indian Act immediately prior to the establishment of that code.

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.

 
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