shíshálh Nation Self-Government Act (S.C. 1986, c. 27)

Legislative Powers of Council

Marginal note:Legislative powers

• 14 (1) The Council has, to the extent that it is authorized by the constitution of the shíshálh Nation 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 shíshálh lands;

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

  • (b.1) the creation and regulation of rights or interests in shíshálh lands;

  • (c) the expropriation by the Nation, for community purposes, of rights or interests in shíshálh lands;

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

  • (e) the taxation, for local purposes, of rights or interests in shíshálh lands, and of occupants and tenants of shíshálh lands in respect of their rights or interests in those lands, including assessment, collection and enforcement procedures, as well as appeals relating to such matters;

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

  • (g) the education of members of the Nation on shíshálh lands;

  • (h) social and welfare services with respect to members of the Nation;

  • (h.1) child and family services with respect to the Nation’s families and children, including the custody, placement and care of the Nation’s children;

  • (i) health services on shíshálh lands;

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

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

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

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

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

  • (o) the prohibition of the sale, barter, supply, manufacture or possession of intoxicants on shíshálh 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 shíshálh laws;

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

  • (r) financial administration of the Nation;

  • (s) the conduct of the Nation’s elections and referenda;

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

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

• Marginal note:Clarification

  (1.1) For greater certainty, neither paragraph (1)(h.1) nor the making of any law under that paragraph prevents the shíshálh Nation from making any laws in relation to child and family services referred to in An Act respecting First Nations, Inuit and Métis children, youth and families.

• 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.

Marginal note:Publication of shíshálh laws

14.1 The Council shall, as soon as practicable after a shíshálh law, or any amendment to it, is made, make that law or amendment publicly accessible

• (a) on the shíshálh Nation’s website;

• (b) in the First Nations Gazette; or

• (c) in any other manner that the Council considers equivalent and that allows the public to readily access the laws and any amendment to them.

Marginal note:Legislative powers granted by British Columbia

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

Marginal note:Constitution prevails

15.1 In the event of an inconsistency between the provisions of a shíshálh law and the provisions of the constitution of the shíshálh Nation, the provisions of the constitution prevail to the extent of the inconsistency.

Marginal note:Non-application of Statutory Instruments Act

16 The Statutory Instruments Act does not apply to a shíshálh law.

shíshálh Nation Government District

Marginal note:Continuation

17 The Sechelt Indian Government District, recognized and deemed to have been established under section 17 of the former Act, is continued under the name “shíshálh Nation Government District” and its jurisdiction — resulting from any transfer under subsections 21(1) and (2) — may be exercised over shíshálh lands, subject to subsections 21(3) to (5).

Marginal note:Capacity of District

18 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 right or interest in it, and sell or otherwise dispose of that property, right 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:Continuation

• 19 (1) The Sechelt Indian Government District Council, established under subsection 19(1) of the former Act, is continued as the governing body of the District under the name “shíshálh Nation Government District Council.”

• 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

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

Marginal note:Transfer to District

• 21 (1) The Governor in Council may, on the advice of the Minister, by order, transfer any of the powers, duties or functions of the shíshálh Nation or the Council under this Act or the constitution of the Nation to the District, except those relating to membership in the Nation and the disposition of rights or interests in shíshálh lands.

• Marginal note:Conditions for order

  (2) The Governor in Council shall not make an order under subsection (1) unless he or she is satisfied that

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

  • (b) the transfer of the powers, duties and functions specified in the order has been approved in a referendum held in accordance with the constitution of the Nation.

• Marginal note:Transfer — legislation amended

  (3) The Governor in Council may, on the advice of the Minister, by order, transfer to the Nation or the Council, as the case may be, any of the powers, duties and functions that were transferred to the District under subsection (1) or under subsection 21(2) of the former Act, if the legislation referred to in paragraph (2)(a) is amended.

• Marginal note:Condition for order

  (4) The Governor in Council shall not make an order under subsection (3) unless he or she is satisfied that the transfer of powers, duties and functions specified in the order has been approved in a referendum held in accordance with the constitution of the Nation.

• Marginal note:Transfer — legislation repealed

  (5) 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, to the Nation or the Council, as the case may be, the powers, duties and functions that were transferred to the District under subsection (1) or under subsection 21(2) of the former Act, if the legislation referred to in paragraph (2)(a) is no longer in force.

Marginal note:Additional powers of District

22 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

23 [Repealed, 2022, c. 9, s. 27]

Marginal note:Limitations

24 The fee simple title of the shíshálh Nation in the lands transferred to it under section 23 of the former Act is subject to

• (a) any rights or 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, chapter 19 of the Statutes of Canada, 1943-44 and the Indian Reserve Mineral Resource Act of British Columbia, R.S.B.C. 1979, c. 192;

• (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 for use and benefit of Nation

25 The shíshálh Nation holds shíshálh lands for the use and benefit of the Nation and its members.

Lands Declared to be shíshálh Lands

Marginal note:Federal and provincial declarations

25.1 Lands in British Columbia are shíshálh lands if they are declared to be shíshálh lands for the purposes of this Act by both

• (a) the Governor in Council, by order; and

• (b) the Lieutenant Governor in Council of British Columbia.