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This Act is current to January 17, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Indian Advisory Act

[RSBC 1996] CHAPTER 217

Contents
1Definitions
2Advisory Committee
2.1Contempt proceeding for uncooperative person
3Duties of committee
4Expenses of members
5Employment of staff
6Duties of director
7Power to make regulations

Definitions

1  In this Act:

"committee" means the British Columbia Indian Advisory Committee established under this Act;

"director" means the director appointed for this Act;

"Indian" means a person of the North American Indian race, resident in British Columbia.

Advisory Committee

2  (1) For the purposes of this Act, the Lieutenant Governor in Council may establish a committee to be known as the British Columbia Indian Advisory Committee, and to consist of a chair and the number of other members the Lieutenant Governor in Council determines.

(2) The chair and other members of the committee are to be appointed by the Lieutenant Governor in Council.

(3) For the purposes of this Act, the chair may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the chair to answer questions on oath or affirmation, or in any other manner;

(b) produce for the chair a record or thing in the person's possession or control.

(4) The chair may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (3), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (3).

Contempt proceeding for uncooperative person

2.1  The failure or refusal of a person subject to an order under section 2 to do any of the following makes the person, on application to the Supreme Court by the chair of the committee, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the chair;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

Duties of committee

3  (1) The committee must advise the minister on all matters regarding the status and rights of Indians.

(2) Without limiting subsection (1), the committee must

(a) consider matters referred to it by the minister, and

(b) report its findings and recommendations to the minister.

Expenses of members

4  A member of the committee is entitled to be paid the actual and reasonable expenses incurred by the member in the discharge of duties.

Employment of staff

5  Officers and employees necessary to administer this Act may be appointed, under the Public Service Act.

Duties of director

6  The director must:

(a) act as secretary to the committee;

(b) collect and correlate information relating to Indians;

(c) collaborate with other ministries of British Columbia and of Canada in the compilation of information relating to Indians;

(d) study and inquire into questions relating to civil rights of Indians and other matters affecting them as may be designated by the minister;

(e) submit to the minister reports of the director's studies and inquiries, together with recommendations the director believes proper;

(f) each year make a report to the minister, to be laid before the Legislative Assembly, for the year ended on the previous last day of December on the activities of the committee and the director.

Power to make regulations

7  The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.