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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

Legislative Powers of Council (continued)

Marginal note:Legislative powers granted by British Columbia

 The Council may exercise any legislative power granted to it by or pursuant to an Act of the legislature of British Columbia.

Marginal note:Statutory Instruments Act not to apply

 The Statutory Instruments Act does not apply to a law enacted by the Council.

Sechelt Indian Government District

Marginal note:Sechelt Indian Government District

 There is hereby recognized the Sechelt Indian Government District, which shall have jurisdiction over all Sechelt lands.

Marginal note:Capacity of District

 The District is a legal entity and has 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:District Council established

  •  (1) There is hereby established the Sechelt Indian Government District Council, which shall be the governing body of the District.

  • Marginal note:Composition of District Council

    (2) The District Council shall consist of the members of the Council.

Marginal note:District to act through District Council

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

Marginal note:Coming into force

  •  (1) Sections 17 to 20 shall come into force in accordance with this section.

  • Marginal note:Sections 17 to 20 declared in force

    (2) The Governor in Council may, subject to subsection (3), on the advice of the Minister, by order, declare that sections 17 to 20 are in force and transfer any of the powers, duties or functions of the Band or the Council under this Act or the constitution of the Band to the District, except those relating to membership in the Band and the disposition of rights or interests in Sechelt lands.

  • Marginal note:Conditions for order

    (3) The Governor in Council shall not make an order under subsection (2) unless he is satisfied that

    • (a) the legislature of British Columbia has passed legislation respecting the District and the legislation is in force in British Columbia; and

    • (b) the transfer of the powers specified in the order has been approved in a referendum held in accordance with the constitution of the Band.

  • Marginal note:Where British Columbia legislation amended

    (4) The Governor in Council may, on the advice of the Minister, by order, transfer any of the powers, duties and functions that were transferred to the District under subsection (2) back to the Band or the Council, as the case may be, if the legislation referred to in paragraph (3)(a) is amended.

  • Marginal note:Condition for order

    (5) The Governor in Council shall not make an order under subsection (4) unless he is satisfied that the transfer of powers specified in the order has been approved in a referendum held in accordance with the constitution of the Band.

  • Marginal note:Where British Columbia legislation repealed

    (6) 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 the powers, duties and functions that were transferred to the District under subsection (2) back to the Band if the legislation referred to in paragraph (3)(a) is no longer in force.

Marginal note:Additional powers of District

 The District may exercise any legislative power granted to it by or pursuant to an Act of the legislature of British Columbia.

Transfer of Lands

Marginal note:Transfer of fee simple title

  •  (1) The title to all lands that were, immediately prior to the coming into force of this section, reserves, within the meaning of the Indian Act, of the Indian Act Sechelt band is hereby transferred in fee simple to the Band, subject to the rights, interests and conditions referred to in section 24.

  • Marginal note:Definition of reserves

    (2) In subsection (1), reserves includes surrendered lands, within the meaning of the Indian Act, that have not been sold or the title to which has not been otherwise transferred.

  • Marginal note:Indian Act Sechelt band rights and interests cease

    (3) All rights and interests of the Indian Act Sechelt band in respect of the lands referred to in subsection (1) cease to exist on the coming into force of this section.

  • Marginal note:Letters patent

    (4) Forthwith on the coming into force of this section the Governor in Council shall cause to be issued under the Great Seal of Canada letters patent confirming the transfer of, and describing, the lands referred to in subsection (1).

Marginal note:Limitations

 The fee simple title of the Band in the lands transferred to it under section 23 is subject to

  • (a) any interests recognized or established by the agreement entered into between Canada and British Columbia on January 26, 1943, relating to the ownership and exploitation of minerals, the British Columbia Indian Reserves Mineral Resources Act, being chapter 19 of the Statutes of Canada, 1943-44 and the Indian Reserves Minerals Resources Act, being chapter 192 of the Revised Statutes of British Columbia, 1979, all as amended from time to time;

  • (b) the conditions of conveyance set out in British Columbia Order in Council No. 1036 of July 29, 1938, as amended by British Columbia Order in Council No. 1555 of May 13, 1969, in respect of the lands conveyed to Her Majesty in right of Canada by that Order in Council; and

  • (c) any rights or interests under a mortgage, lease, occupation permit, certificate of possession or other grant or authorization in respect of the lands that exist on the coming into force of this section.

Marginal note:Lands held for use and benefit of Band

 The Band holds the lands transferred to it under section 23 for the use and benefit of the Band and its members.

Disposition of Sechelt Lands

Marginal note:Disposition of Sechelt lands

 The Band has full power to dispose of any Sechelt lands and any rights or interests therein but shall not do so except in accordance with the procedure established in the constitution of the Band.

Registration of Sechelt Lands

Marginal note:Reserve Land Register

  •  (1) Subject to subsection (2), particulars relating to all transactions respecting Sechelt lands shall be entered in the Reserve Land Register kept under section 21 of the Indian Act.

  • Marginal note:When section not to apply

    (2) This section does not apply with respect to any Sechelt lands that are registered pursuant to section 28.

Marginal note:Laws on registration

 The Council may make laws authorizing the registration, in accordance with the laws of British Columbia, of estates or interests in any Sechelt lands specified in the laws of the Council, and for that purpose may make laws making any laws of British Columbia applicable to those Sechelt lands.

Marginal note:Notice

  •  (1) Where a law is made under section 28, the Council shall forthwith

    • (a) cause to be published in a local newspaper of general circulation notice of the law with a legal description of the lands to which it relates; and

    • (b) give notice thereof to the Minister, or a person designated by the Minister for that purpose, and provide the Minister or that person with a copy of the law and a survey plan and legal description of the lands to which it relates.

  • Marginal note:Minister to provide particulars to Council

    (2) The Minister shall forthwith, and in any event not later than thirty days after receipt of notice of a law under subsection (1) in respect of any Sechelt lands,

    • (a) cause to be provided to the Council a list of all particulars entered on the Reserve Land Register kept under section 21 of the Indian Act in respect of those lands; and

    • (b) cause to be sent to any person who appears from the Reserve Land Register to have any interest in those lands, at his latest known address, a notice indicating that

      • (i) a law has been made under subsection (1) in respect of those lands, and

      • (ii) that person may not request any modification of the Register unless he does so within the time period referred to in subsection (3).

  • Marginal note:List to be posted

    (3) The Council shall, forthwith on receiving the list referred to in paragraph (2)(a), cause the list or a copy thereof to be posted in a conspicuous place on the lands to which the list relates, and in another conspicuous place within the Sechelt community, and shall indicate thereon that no person may request a modification of the Reserve Land Register unless he does so within thirty days after a date indicated on the list, which date shall be the date on which the list was provided to the Council.

  • Marginal note:Request for modification

    (4) Any person may, within the time period referred to in subsection (3), make a request to the Minister for a modification of the Reserve Land Register.

  • Marginal note:Consideration of request

    (5) The Minister, or a person designated by the Minister for that purpose, shall consider a request under subsection (4) forthwith on receipt, and a decision of the Minister or the designated person on the matter shall be final.

 
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