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

Marginal note:Rights or interests continued

• 30.4 (1) On the day on which the shíshálh Lands Register is established, rights or interests in shíshálh lands that are registered in the register referred to in section 27 continue in accordance with their terms.

• Marginal note:Recording of continued rights or interests

  (2) The shíshálh Nation shall, as soon as practicable after the shíshálh Lands Register is established, record the rights or interests in shíshálh lands continued under subsection (1) in that register.

• Marginal note:Recording of new rights or interests

  (3) From the day on which the shíshálh Lands Register is established, any registration of new rights or interests in shíshálh lands shall be recorded in that register and not in the register referred to in section 27.

• Marginal note:Exception

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

shíshálh Lands

Marginal note:Class 24 of section 91

• 31 (1) For greater certainty, shíshálh lands are lands reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867.

• Marginal note:Clarification

  (2) For greater certainty, lands that cease to be shíshálh lands under subsection 2(2) are not lands reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867.

Moneys

Marginal note:Administration of transferred moneys

32 Moneys transferred under subsection 32(1) of the former Act shall be administered in accordance with the constitution of the shíshálh Nation and shíshálh laws.

Funding

Marginal note:Agreements between Minister and Nation

33 The Minister may enter into an agreement with the shíshálh Nation under which funding would be provided by the Government of Canada to the Nation in the form of grants over such period of time, and subject to such terms as are specified in the agreement.

Marginal note:Appropriations

34 Any amounts required for the purposes of section 33 shall be paid out of such moneys as may be appropriated by Parliament for those purposes.

Application of Indian Act

Marginal note:Application of Indian Act

• 35 (1) Subject to section 36, the Indian Act applies, with any necessary modifications, in respect of the shíshálh Nation, its members, the Council and shíshálh lands except to the extent that the Indian Act is inconsistent with this Act, the constitution of the Nation or a shíshálh law.

• Marginal note:Indians

  (2) For greater certainty, the Indian Act applies for the purpose of determining which members of the Nation are Indians within the meaning of that Act.

• Marginal note:Taxation provisions

  (3) For greater certainty, section 87 of the Indian Act applies, with any necessary modifications, in respect of the Nation and its members who are Indians within the meaning of that Act, subject to any shíshálh law in relation to the class of matters set out in paragraph 14(1)(e).

Marginal note:Non-application of Indian Act

36 The Governor in Council may, on the advice of the Minister, by order,

• (a) declare that the Indian Act or any provision of that Act does not apply to the shíshálh Nation, its members or any portion of shíshálh lands; and

• (b) revoke any such order.

Application of Laws of Canada

Marginal note:Federal laws of general application

37 All federal laws of general application in force in Canada apply in respect of the shíshálh Nation, its members and shíshálh lands except to the extent that those laws are inconsistent with this Act.

Marginal note:Canadian Charter of Rights and Freedoms

37.1 The Canadian Charter of Rights and Freedoms applies in respect of the Council, the District Council and any administrative bodies and agencies referred to in paragraph 14(1)(t) in respect of matters within their authority under this Act or the constitution of the shíshálh Nation, with due regard for section 25 of the Charter which provides that the guarantee in the Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada.

Application of Laws of British Columbia

Marginal note:Provincial laws of general application

38 Laws of general application of British Columbia apply in respect of the members of the shíshálh Nation except to the extent that those laws are inconsistent with the terms of any treaty, this or any other Act of Parliament, the constitution of the Nation or a shíshálh law.

Application of Laws Relating to Natural Resources

Marginal note:Indian Oil and Gas Act

39 The Indian Oil and Gas Act applies, with any necessary modifications, in respect of the shíshálh Nation, its members, the Council and shíshálh lands.

Marginal note:Federal law relating to mineral resources

40 The British Columbia Indian Reserves Mineral Resources Act, chapter 19 of the Statutes of Canada, 1943-44, applies in respect of shíshálh lands.

Marginal note:Provincial law relating to mineral resources

41 The Indian Reserve Mineral Resource Act of British Columbia, R.S.B.C. 1979, c. 192, applies in respect of shíshálh lands.

Application of Former Laws and By-laws

Marginal note:Application on shíshálh lands

42 Laws of the Sechelt Indian Band and by-laws of the Indian Act Sechelt band referred to in section 42 of the former Act — as well as laws or by-laws of the Sechelt Indian Government District made following the transfer or granting of legislative powers under section 21 or 22 of the former Act — that applied to Sechelt lands, as defined in section 2 of the former Act, on the day on which 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 comes into force, remain in force and apply to shíshálh lands and in respect of the members of the shíshálh Nation except to the extent that the laws or by-laws are inconsistent with this Act, the constitution of the Nation or a shíshálh law.

Governor in Council and Ministers

Marginal note:Powers, functions and duties in constitution

43 The Governor in Council or any Minister of the Crown may exercise any powers and carry out any functions or duties that the Governor in Council or Minister is authorized under the constitution of the shíshálh Nation to exercise or carry out.

Transitional Provisions

Marginal note:References to former Act and terminology

44 Unless the context otherwise requires, in any law of the Sechelt Indian Band and by-law of the Indian Act Sechelt band, referred to in section 42 of the former Act, laws or by-laws of the Sechelt Indian Government District made following the transfer or granting of legislative powers under section 21 or 22 of the former Act, as well as in documents, including licences and other authorizations, contracts and other instruments that were issued, granted, entered into or made in accordance with the former Act,

• (a) any reference to the Sechelt Indian Band Self-Government Act, or any provision of that Act, is to be read as a reference to this Act or any relevant provision of this Act;

• (b) any reference to the Sechelt Indian Band is to be read as a reference to the shíshálh Nation;

• (c) any reference to the Sechelt Indian Band Council is to be read as a reference to the council of the Nation;

• (d) any reference to the constitution of the Sechelt Indian Band, or any provision of that constitution, is to be read as a reference to the constitution of the Nation or any relevant provision of that constitution;

• (e) any reference to a law of the Sechelt Indian Band, or any provision of that law, is to be read as a reference to a relevant shíshálh law or any relevant provision of that law;

• (f) any reference to a law or by-law of the Sechelt Indian Government District, or any provision of that law or by-law, is to be read as a reference to a relevant law or by-law of the shíshálh Nation Government District or any relevant provision of that law or by-law; and

• (g) any reference to Sechelt lands is to be read as a reference to shíshálh lands.

45 [Repealed, 2022, c. 9, s. 40]

46 [Repealed, 2022, c. 9, s. 40]

Consequential Amendments

47 to 60 [Amendments to other Acts]

Commencement

Marginal note:Coming into force

Footnote ^*61 This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation.

• Return to footnote ^*[Note: Act, except sections 17 to 20, in force October 9, 1986, see SI/86-193; sections 17 to 20 in force, see SI/88-48.]