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Order Amending the Sechelt Indian Band Constitution (SOR/2019-307)

Regulations are current to 2023-01-11

Order Amending the Sechelt Indian Band Constitution

SOR/2019-307

SECHELT INDIAN BAND SELF-GOVERNMENT ACT

Registration 2019-08-19

Order Amending the Sechelt Indian Band Constitution

P.C. 2019-1225 2019-08-17

Whereas subsection 10(1) of the Sechelt Indian Band Self-Government Act (“Act”) provides that the constitution of the Sechelt Indian Band (“Band”) shall be in writing;

Whereas paragraph 10(1)(d) of the Act provides that the constitution of the Band may include a membership code for the Band;

Whereas paragraph 10(1)(e) of the Act provides that the constitution of the Band may establish rules and procedures relating to the holding of referenda of the Band;

Whereas paragraph 14(1)(s) of the Act provides that the Band 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 the conduct of Band elections and referenda;

Whereas section 12 of the Act provides that the Governor in Council may, on the advice of the Minister of Crown-Indigenous Relations, 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;

And whereas in a referendum held in accordance with the constitution of the Band on May 25, 2019, the Band approved the amendments to the constitution as summarized in the attached schedule;

Therefore, Her Excellency the Governor General in Council, on the advice of the Minister of Crown-Indigenous Relations, pursuant to section 12 of the Sechelt Indian Band Self-Government Act, approves and declares in force the amendments to the constitution of the Sechelt Indian Band approved by the Band in a referendum held on May 25, 2019, as summarized in the attached schedule.

SCHEDULE

Summary of amendments to the constitution of the Sechelt Indian Band approved by the Band in a referendum held on May 25, 2019:

  • (a) amendments to the Definitions and Part I, Division (1), section 3 with respect to Band membership to ensure that all members are entitled to vote in Band elections and run for office in Band elections;

  • (b) amendments to the Definitions, Part I, Division (4) and Part II, Division (1) to update and clarify qualifications for those running for office, to extend voting rights to non-resident members and to ensure that non-resident members are entitled to run in Band elections;

  • (c) amendments to Division (4) to update and clarify the procedure for Band referenda, elections and by-elections and to require that a Sechelt Indian Band election and referendum law be enacted to set out the processes to be followed in referenda, elections and by-elections (which law could be amended in the future to allow for procedural amendments without the need to amend the constitution); and

  • (d) miscellaneous editorial amendments.

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