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shíshálh Nation Self-Government Act

Version of section 21 from 2002-12-31 to 2022-06-22:
 


Marginal note:Coming into force

  • 21 (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  • Marginal note:Where British Columbia legislation repealed

    (6) The Governor in Council may, on the advice of the Minister, by order, declare that sections 17 to 20 are no longer in force and transfer the powers, duties and functions that were transferred to the District under subsection (2) back to the Band if the legislation referred to in paragraph (3)(a) is no longer in force.


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