Part 1 enacts the Anishinabek Nation Governance Agreement Act and makes related and consequential amendments to other Acts.

Part 2 amends the Sechelt Indian Band Self-Government Act to, among other things,

It also amends transitional provisions and makes consequential amendments to other Acts.

Part 3 amends the Yukon First Nations Self-Government Act to ensure that entering into funding agreements no longer requires the approval of the Governor in Council.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Act prevails

(2)  Insertion start Subject to subsection (3), Insertion end in the event of an inconsistency or conflict between the provisions of this Act and the provisions of any other Act of Parliament, or of any regulation made under any other Act of Parliament, the provisions of this Act prevail to the extent of the inconsistency or conflict.

Anishinabek Nation Governance Agreement Act

(3) The provisions of the Anishinabek Nation Governance Agreement Act prevail over the provisions of this Act, and of any regulation made under this Act, to the extent of any inconsistency or conflict between them.

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  (j) a First Nation Government or the Anishinabek Nation Government, as defined in section 2 of the Anishinabek Nation Governance Agreement Act, or an Anishinaabe Institution, within the meaning of section 1.‍1 of the Agreement, as defined in section 2 of that Act.

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• (f) for the purpose of administering or enforcing any law or carrying out a lawful investigation, under an agreement or arrangement between the Government of Canada or any of its institutions and Insertion start any of the following entities Insertion end or any Insertion start of their institutions Insertion end :

  • Insertion start (i) Insertion end  the government of a foreign state,

  • Insertion start (ii) Insertion end  an international organization of states or an international organization established by the governments of states,

  • Insertion start (iii) Insertion end  the government of a province,

  • Insertion start (iv) Insertion end  the council of the Westbank First Nation,

  • Insertion start (v) Insertion end  the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act,

  • Insertion start (vi) Insertion end  the council of a participating First Nation as defined in section 2 of the Anishinabek Nation Education Agreement Act,

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    (vii) a First Nation Government or the Anishinabek Nation Government, as defined in section 2 of the Anishinabek Nation Governance Agreement Act, or an Anishinaabe Institution, within the meaning of section 1.‍1 of the Agreement, as defined in section 2 of that Act;

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  (j) a First Nation Government or the Anishinabek Nation Government, as defined in section 2 of the Anishinabek Nation Governance Agreement Act, or an Anishinaabe Institution, within the meaning of section 1.‍1 of the Agreement, as defined in section 2 of that Act.

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  (g) a First Nation Government or the Anishinabek Nation Government, as defined in section 2 of the Anishinabek Nation Governance Agreement Act, or an Anishinaabe Institution, within the meaning of section 1.‍1 of the Agreement, as defined in section 2 of that Act.

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3 Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):

20 Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):

(2) Subsection 8(7) of the Act is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):

23 Subsection 8(7) of the Privacy Act is amended by striking out “or” at the end of paragraph (i), by adding “or’’ at the end of paragraph (j) and by adding the following after paragraph (j):

An Act Insertion start respecting shíshálh Nation Insertion end self-government

Short title

1 This Act may be cited as the Insertion start shíshálh Nation Insertion end Self-Government Act.

Définitions Insertion start et interprétation Insertion end

Council means the council continued by subsection 8(1) under the name hiwus Ɂiy te hihewhiwus and referred to in Part II of the constitution of the shíshálh Nation as amended by Order in Council P.‍C. 2019-1225 of August 17, 2019; (conseil)

District means the Insertion start shíshálh Nation Insertion end Government District Insertion start referred to in Insertion end section 17; (district)

District Council means the Insertion start shíshálh Nation Insertion end Government District Council established by subsection 19(1); (conseil de district)

former Act means this Act as it read immediately before the coming into force of 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; (loi antérieure)

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982; (peuples autochtones du Canada)

Sechelt Indian Band means the Band established by subsection 5(1) of the former Act; (bande indienne sechelte)

shíshálh lands means

• (a) lands transferred to the Sechelt Indian Band on October 9, 1986 under section 23 of the former Act, or

• (b) lands described in declarations referred to in section 25.‍1; (terres shishalhes)

shíshálh law means a law made by the Council under section 14 or 28.‍ (loi shishalhe)

shíshálh Nation means the Nation referred to in section 5; (Nation shishalhe)

Lands ceasing to be shíshálh lands

(2)  Insertion start Any shíshálh Insertion end lands to Insertion start which Insertion end the title Insertion start is Insertion end sold or otherwise transferred Insertion start cease to be shíshálh Insertion end lands.

Rights of Indigenous peoples

3 This Act shall be construed as Insertion start upholding the Insertion end Aboriginal rights of the Insertion start shíshálh Nation and the rights of Insertion end any other Insertion start Indigenous Insertion end peoples of Canada Insertion start recognized and affirmed by Insertion end section 35 of the Constitution Act, 1982, Insertion start and not as abrogating or derogating Insertion end from Insertion start them Insertion end .

Rights of shíshálh Nation

3.‍1 For greater certainty, nothing in this Act shall be construed as

• (a) limiting or restricting the position of the shíshálh Nation or any other person with respect to

  • (i) any Aboriginal rights, including the inherent right of self-government and the Aboriginal title, of the Nation that are recognized and affirmed by section 35 of the Constitution Act, 1982, or

  • (ii) the Nation’s identity as an Indigenous people of Canada; or

• (b) restricting the Nation from participating in any process that may be established to implement the inherent right of self-government, including on a regional or national basis.

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Purposes

4 The purposes of this Act are to

• Insertion start (a) Insertion end Insertion start   Insertion end Insertion start support Insertion end the exercise Insertion start of aspects of the shíshálh Nation’s inherent right of Insertion end self-government;

• Insertion start (b) Insertion end Insertion start   Insertion end Insertion start support the Nation in its Insertion end control over and administration of the resources and services available to its members; and

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  (c) contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples as it relates to the self-government of the Nation.

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shíshálh Nation

Continuation

5 The Sechelt Indian Band, established Insertion start under subsection 5(1) of Insertion end the Insertion start former Act, is continued under the name “shíshálh Nation” and, for greater certainty Insertion end ,

• Insertion start (a) Insertion end Insertion start   Insertion end Insertion start the Insertion end rights, titles, interests, assets, obligations and liabilities of the Sechelt Indian Band, including those of its council, Insertion start are those of the Nation; and Insertion end

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  (b) the members of the Sechelt Indian Band are the members of the Nation.

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Capacity and Powers of Insertion start shíshálh Nation Insertion end

Capacity of Nation

6 The Insertion start shíshálh Nation Insertion end is a legal entity and has, subject to this Act, the capacity, rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, may

• (b) acquire and hold property or any Insertion start right or Insertion end interest Insertion start in it Insertion end , and sell or otherwise dispose of that property, Insertion start right Insertion end or interest;

Nation subject to its constitution

7 The powers and duties of the Insertion start shíshálh Nation Insertion end shall be carried out in accordance with its constitution.

Council Insertion start of shíshálh Nation Insertion end

Governing body

8  Insertion start (1) Insertion end  The Sechelt Indian Band Council, Insertion start referred to in section 8 of the former Act, is continued as the council and Insertion end governing body of the Insertion start shíshálh Nation under the name hiwus Ɂiy te hihewhiwus Insertion end .

Election of members

Insertion start (2) Insertion end Insertion start   Insertion end Insertion start The Insertion end members Insertion start of the council continued under subsection (1) Insertion end shall be elected in accordance with the constitution of the Insertion start Nation Insertion end .

Nation to act through Council

9 The Insertion start shíshálh Nation Insertion end shall act through the Council in exercising its powers and carrying out its duties and functions.

Constitution Insertion start of shíshálh Nation Insertion end

Elements of constitution

10 (1) The constitution of the Insertion start shíshálh Nation Insertion end shall be in writing and Insertion start shall Insertion end

• (b) establish the procedures or processes to be followed by the Council in exercising the Insertion start Nation Insertion end ’s powers and carrying out its duties;

• (c) provide for a system of financial accountability of the Council to the members of the Insertion start Nation Insertion end , including audit arrangements and the publication of financial reports;

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  (c.‍1) provide for appeals in relation to decisions of the Council and administrative bodies created to assist in the administration of the affairs of the Nation;

• (c.‍2) provide for conflict of interest rules;

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• (d) include a membership code for the Insertion start Nation Insertion end ;

• (e) establish rules and procedures relating to the holding of referenda referred to in section 12 or Insertion start paragraph Insertion end 21( Insertion start 2 Insertion end ) Insertion start (b) Insertion end or provided for in the constitution;

• (f) establish rules and procedures to be followed in respect of the disposition of rights Insertion start or Insertion end interests in Insertion start shíshálh Insertion end lands;

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  (g.‍1) establish rules and procedures for the making and amending of shíshálh laws; and

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• (h) provide for any other matters relating to Insertion start the exercise of powers and carrying out of duties and functions Insertion end of the Insertion start Nation under this Act, including matters related to the Insertion end government Insertion start of the Nation or Insertion end its members, or Insertion start the management of shíshálh Insertion end lands, Insertion start to the extent that the Nation is of the opinion that such matters should be reflected in the constitution Insertion end .

Membership code

(2)  Insertion start Any Insertion end membership code established in the constitution of the Insertion start shíshálh Nation Insertion end shall respect rights to membership in the Indian Act Sechelt band acquired under the Indian Act immediately prior to the Insertion start coming into force Insertion end of Insertion start the first membership code established after the coming into force of the former Act Insertion end .

Amendment to constitution

12 The Council may declare an amendment to the constitution of Insertion start the shíshálh Nation Insertion end to be in force if the amendment has been approved in a referendum held in accordance with the constitution.

Publication of amendments

13 The Insertion start Council Insertion end shall, Insertion start as soon as practicable after making a declaration under section 12, make Insertion end any amendment to the constitution Insertion start publicly accessible Insertion end

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  (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 amendment.

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Legislative powers

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

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

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

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

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

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

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

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

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

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  (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;

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• (i) health services on Insertion start shíshálh Insertion end lands;

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

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

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

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

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

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

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

• (r) financial administration of the Insertion start Nation Insertion end ;

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

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

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

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.

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.

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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.

Non-application of Statutory Instruments Act

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

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).

Capacité

18 Le district est une entité juridique Insertion start dotée de la capacité et des droits, pouvoirs et privilèges d’ Insertion end une personne physique. Il peut notamment :

• (b) acquire and hold property or any Insertion start right or Insertion end interest Insertion start in it Insertion end , and sell or otherwise dispose of that property, Insertion start right Insertion end or interest;

Continuation

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

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 Insertion start shíshálh Nation Insertion end or the Council under this Act or the constitution of the Insertion start Nation Insertion end to the District, except those relating to membership in the Insertion start Nation Insertion end and the disposition of rights or interests in Insertion start shíshálh Insertion end lands.

Conditions for order

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

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

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

Transfer — legislation amended

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

Condition for order

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

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

Limitations

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

• (a) any Insertion start rights or Insertion end 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, Insertion start R.‍S.‍B.‍C. Insertion end 1979, Insertion start c. Insertion end 192;

• c) aux droits Insertion start ou intérêts Insertion end conférés par tout titre — hypothèque, Insertion start bail Insertion end , permis d’occupation, certificat de possession ou autre — en cours de validité à l’égard des terres Insertion start à Insertion end l’entrée en vigueur du présent article.

Lands for use and benefit of Nation

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

Lands Declared to be shíshálh Lands

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.

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Disposition of Insertion start shíshálh Insertion end Lands

Power of the Nation

26 The Insertion start shíshálh Nation Insertion end has full power to dispose of any Insertion start shíshálh Insertion end lands and any rights or interests Insertion start in those lands Insertion end but shall not do so except in accordance with the procedure established in Insertion start its Insertion end constitution.

Registration of Insertion start shíshálh Insertion end Lands

Reserve Land Register

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

Exception

(2) This section does not apply with respect to

• Insertion start (a) Insertion end  any Insertion start shíshálh Insertion end lands that are registered pursuant to section 28; Insertion start or Insertion end

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  (b) the rights or interests in shíshálh lands referred to in sections 30.‍1 to 30.‍4.

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Laws on registration

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

Minister to provide particulars to Council

(2) The Minister shall Insertion start without delay Insertion end , and in any event not later than 30 days after receipt of notice of a law under subsection (1) in respect of any Insertion start shíshálh Insertion end 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 Insertion start right or Insertion end interest in those lands, at Insertion start the person’s Insertion end latest known address, a notice indicating that

List to be posted

(3) The Council shall, Insertion start immediately Insertion end on Insertion start receipt of Insertion end the list referred to in paragraph (2)‍(a), cause the list or a copy Insertion start of it Insertion end to be posted in a conspicuous place on Insertion start both Insertion end the lands to which Insertion start it Insertion end relates and Insertion start at Insertion end another Insertion start location on shíshálh lands Insertion end , and shall indicate Insertion start on the list Insertion end that a person Insertion start can Insertion end request a modification of the Reserve Land Register Insertion start only if they do Insertion end so within 30 days after a date indicated on the list, which date Insertion start is Insertion end the date on which the list was provided to the Council.

Final list of rights or interests

30 (1) The Minister shall cause to be prepared, Insertion start within Insertion end 10 days after the Insertion start end Insertion end of the period referred to in subsection 29(3), a final list of all rights Insertion start or Insertion end interests in Insertion start shíshálh Insertion end lands in respect of which Insertion start a shíshálh law is Insertion end made under section 28.

Caractère de la liste

(3) La liste définitive est la seule référence quant aux droits Insertion start ou intérêts Insertion end sur les terres qu’elle vise à compter de la date de son établissement.

Agreement — shíshálh Lands Register

30.‍1 The Minister may enter into an agreement with the shíshálh Nation respecting the establishment of a register, to be known as the shíshálh Lands Register, for the registration of the legal descriptions of shíshálh lands and of rights or interests in those lands.

Establishment of Register

30.‍2 The Minister shall establish the shíshálh Lands Register in accordance with any agreement entered into under section 30.‍1.

Regulation-making powers

30.‍3 (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the shíshálh Lands Register, including regulations respecting

• (a) the administration of the Register;

• (b) the registration of legal descriptions of shíshálh lands;

• (c) the registration of rights or interests in shíshálh lands and the effects of their registration, including priorities;

• (d) the recording of any other matter; and

• (e) the transfer of the administration of the Register to any person or body.

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Adaptation of sections 28 to 30

(2) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the manner in which sections 28 to 30 apply in the case of the establishment of the shíshálh Lands Register under section 30.‍2, and adapting those sections for the purposes of that application.

Collaboration with Nation

(3) The Minister shall ensure that the shíshálh Nation is afforded a meaningful opportunity to collaborate in policy development leading to the making of regulations under subsection (1) or (2).

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.

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.

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.

Exception

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

Insertion start shíshálh Insertion end Lands

Class 24 of section 91

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

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.

Administration of transferred moneys

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

Agreements between Minister and Nation

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

Application of Indian Act

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

Indians

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

Taxation provisions

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

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 Insertion start of that Act Insertion end does not apply to Insertion start the shíshálh Nation Insertion end , its members or any portion of Insertion start shíshálh Insertion end lands; and

• (b) revoke any such order.

Federal laws of general application

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

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.

Provincial laws of general application

38 Laws of general application of British Columbia apply in respect of the members of the Insertion start shíshálh Nation Insertion end 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 Insertion start Nation Insertion end or a Insertion start shíshálh law Insertion end .

Indian Oil and Gas Act

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

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 Insertion start shíshálh Insertion end lands.

Provincial law relating to mineral resources

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

Application of Insertion start Former Laws and Insertion end By-laws

Application on shíshálh lands

42  Insertion start Laws of the Sechelt Indian Band and Insertion end by-laws of the Indian Act Sechelt band Insertion start 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 Insertion end comes into force, remain in force Insertion start and apply to shíshálh Insertion end lands and in respect of the members of the Insertion start shíshálh Nation except Insertion end to the extent that the Insertion start laws or Insertion end by-laws are Insertion start inconsistent Insertion end with this Act, the constitution of the Insertion start Nation Insertion end or Insertion start a shíshálh law Insertion end .

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 Insertion start shíshálh Nation Insertion end to exercise or carry out.

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.

  End of inserted block

Exception

(3) No Insertion start right or Insertion end interest in lands that are Insertion start shíshálh Insertion end lands, as defined in Insertion start subsection 2(1) of Insertion end the Insertion start shíshálh Nation Insertion end Self-Government Act, may be expropriated under this Part without the consent of the Governor in Council.

• (c) the Council, Insertion start as defined in subsection 2(1) of Insertion end the Insertion start shíshálh Nation Insertion end Self-Government Act, and

• (iii)  Insertion start shíshálh Insertion end lands, as defined in Insertion start subsection 2(1) of Insertion end the Insertion start shíshálh Nation Insertion end Self-Government Act,

• (d) the Council Insertion start as defined in subsection 2(1) of Insertion end the Insertion start shíshálh Nation Insertion end Self-Government Act, if it levies and collects a real property tax or a frontage or area tax in respect of Insertion start shíshálh Insertion end lands, as defined in that Insertion start subsection Insertion end ,

• (c) the Insertion start shíshálh Nation Insertion end , as defined in Insertion start subsection 2(1) of Insertion end the Insertion start shíshálh Nation Insertion end Self-Government Act; or

• (b)  Insertion start shíshálh Insertion end lands, Insertion start as defined in subsection 2(1) of Insertion end the Insertion start shíshálh Nation Insertion end Self-Government Act.

Funding agreements

24 The Minister may, subject to appropriations by Parliament, enter into an agreement with a first nation named in Schedule II for the provision of funding by the Government of Canada to the first nation over the period of time and subject to the terms and conditions specified in the agreement.

Magnetawan First Nation

Première Nation Magnetawan

Moose Deer Point First Nation

Première Nation Moose Deer Point

Nipissing First Nation

Première Nation Nipissing

Wahnapitae First Nation

Première Nation Wahnapitae

Zhiibaahaasing First Nation

Première Nation Zhiibaahaasing

WHEREAS Parliament and the government of Canada are committed to enabling Indian bands that wish to exercise self-government on lands set apart for those bands to do so;

AND WHEREAS the members of the Indian Act Sechelt band, in a referendum held on March 15, 1986, approved of

(a) the enactment of legislation substantially as set out in this Act for the purpose of enabling the Sechelt Band to exercise self-government over its lands, and

(b) the transfer by Her Majesty in right of Canada to the Sechelt Indian Band of fee simple title in all Sechelt reserve lands, recognizing that the Sechelt Indian Band would assume complete responsibility, in accordance with this Act, for the management, administration and control of all Sechelt lands;