Marginal note:Creation of Band

• 5. (1) The Sechelt Indian Band is hereby established to replace the Indian Act Sechelt band.

• Marginal note:Indian Act Sechelt band ceases to exist

  (2) The Indian Act Sechelt band ceases to exist, and all its rights, titles, interests, assets, obligations and liabilities, including those of its band council, vest in the Sechelt Indian Band established under subsection (1).

Marginal note:Capacity of band

6. The Band 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

• (a) enter into contracts or agreements;

• (b) acquire and hold property or any interest therein, and sell or otherwise dispose of that property or interest;

• (c) expend or invest moneys;

• (d) borrow money;

• (e) sue or be sued; and

• (f) do such other things as are conducive to the exercise of its rights, powers and privileges.

Marginal note:Band subject to its constitution

7. The powers and duties of the Band shall be carried out in accordance with its constitution.

Marginal note:Sechelt Indian Band Council

8. The Sechelt Indian Band Council shall be the governing body of the Band, and its members shall be elected in accordance with the constitution of the Band.

Marginal note:Band to act through Council

9. The Band shall act through the Council in exercising its powers and carrying out its duties and functions.

Marginal note:Elements of constitution

• 10. (1) The constitution of the Band shall be in writing and may

  • (a) establish the composition of the Council, the term of office and tenure of its members and procedures relating to the election of Council members;

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

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

  • (d) include a membership code for the Band;

  • (e) establish rules and procedures relating to the holding of referenda referred to in section 12 or subsection 21(3) or provided for in the constitution of the Band;

  • (f) establish rules and procedures to be followed in respect of the disposition of rights and interests in Sechelt lands;

  • (g) set out specific legislative powers of the Council selected from among the general classes of matters set out in section 14; and

  • (h) provide for any other matters relating to the government of the Band, its members or Sechelt lands.

• Marginal note:Membership code

  (2) A membership code established in the constitution of the Band shall respect rights to membership in the Indian Act Sechelt band acquired under the Indian Act immediately prior to the establishment of that code.