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This Act is current to October 3, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Sechelt Indian Government District Enabling Act

[RSBC 1996] CHAPTER 416

Contents
1Definitions and interpretation
2Status of District Council and establishment of Advisory Council
3Laws and bylaws
4Municipal benefits
5Suspension of taxation under other Acts
6Approving officers
7Repeal and continuation
8Power to make regulations

Definitions and interpretation

1   (1) In this Act:

"Advisory Council" means the Advisory Council established under section 2;

"District Council" means the Sechelt Indian Government District Council established by the Sechelt Indian Band Self-Government Act (Canada);

"municipal benefit" includes a service, a grant of money, a right or eligibility to participate in a program, and any other benefit available to a municipality under an enactment;

"Proclamation" means a Proclamation made under this Act and issued under the Great Seal of the Province;

"referendum" means a referendum held in accordance with the constitution of the Sechelt Indian Band established by the Sechelt Indian Band Self-Government Act (Canada);

"Sechelt Indian Government District" means the Sechelt Indian Government District established by the Sechelt Indian Band Self-Government Act (Canada).

(2) Nothing in this Act is to be construed as conferring on, or authorizing the conferral on, the District Council or Advisory Council of legislative powers.

Status of District Council and establishment of Advisory Council

2   (1) The Lieutenant Governor in Council may by Proclamation issued under the Great Seal of the Province, recognize the District Council as the governing body of the Sechelt Indian Government District. [Note: Proclamation issued recognizing the Sechelt Indian Government District Council as the governing body of the Sechelt Indian Government District (OIC 564/88).]

(2) If a Proclamation is issued, the Lieutenant Governor in Council must by regulation establish an Advisory Council to represent all the residents of the Sechelt Indian Government District.

Laws and bylaws

3   If in the exercise of its powers of self-government conferred by the Sechelt Indian Band Self-Government Act (Canada) the District Council enacts laws or bylaws that a municipality has power to enact under an Act of British Columbia, those laws or bylaws are, for the purposes of this Act, deemed to have been enacted under the authority of that Act of British Columbia.

Municipal benefits

4   (1) The Lieutenant Governor in Council may by regulation declare that the District Council is entitled to or eligible for municipal benefits specified in the regulation.

(2) The Lieutenant Governor in Council may prescribe requirements to be met by the District Council as a condition of being entitled to or eligible for a municipal benefit and, where the Lieutenant Governor in Council considers it necessary or desirable, may, for this purpose, make applicable a provision of an enactment.

(3) The Lieutenant Governor in Council may by regulation

(a) vary or withdraw the entitlement or eligibility of the District Council to or for a municipal benefit, or

(b) specify an additional municipal benefit to which the District Council is entitled or for which it is eligible.

Suspension of taxation under other Acts

5   If a Proclamation has been issued and the District Council desires to provide services in respect of the Sechelt Indian Government District of a nature similar to services provided by a municipality, the Lieutenant Governor in Council may by regulation, for the purpose of assisting the District Council to provide those services, suspend, to the extent and subject to conditions the Lieutenant Governor in Council considers necessary or desirable, the liability of persons to taxation in respect of their interests in lands in the Sechelt Indian Government District under the following Acts:

(a) Community Charter;

(b) Local Government Act;

(c) Taxation (Rural Area) Act.

Approving officers

6   A person appointed as an approving officer by the Sechelt Indian Government District may, with respect to land in that district, exercise the jurisdiction conferred on an approving officer by the Land Title Act, a regulation under it or by any other enactment.

Repeal and continuation

7   (1) This Act is repealed on June 30, 2006.

(2) Subsection (1) does not apply if the Lieutenant Governor in Council

(a) is satisfied that a referendum held during the year 2004 approves the continuation of this Act in force after June 30, 2006, and

(b) prescribes a further period during which this Act continues in force,

and this Act is repealed on the expiration of the period so prescribed.

[Note: See B.C. Reg. 302/2005, prescribing a further period of 20 years from June 30, 2006. Act continues in force until repealed on June 30, 2026.]

Power to make regulations

8   (1) Nothing in this section limits the scope of section 2 (2), 4 or 5, and nothing in those sections limits the scope of this section.

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

(3) Without limiting subsection (2), the Lieutenant Governor in Council may make regulations as follows:

(a) facilitating the exercise and discharge by the District Council of powers, duties and functions analogous to those of a municipality;

(b) delegating or entrusting to the District Council administrative duties, functions and responsibilities that the Lieutenant Governor in Council considers desirable and consistent with the local administration of municipal services;

(c) for the purpose of assisting the District Council to exercise and discharge a power, duty, function or responsibility, making applicable in respect of the District Council a provision of an enactment;

(d) appointing or providing for the appointment of the initial members of the Advisory Council and for election of their successors;

(e) authorizing and empowering the Advisory Council to receive from the District Council, and to expend, money required for the conduct of elections and for the conduct of the business of the Advisory Council;

(f) conferring on the Advisory Council any powers, duties and functions considered necessary or advisable to carry out its purpose as an advisory body to the District Council.