Establishment of Advisory Council

1   The Sechelt Indian Government District Advisory Council is established as an advisory body to the District Council and the following persons are appointed as the initial members of it until December 31, 1990:

(a) Mr. Colin McKinney, P.O. Box 1340, Sechelt, B.C.;

(b) Mr. Harold W. McKitrick, P.O. Box 2594, Sechelt, B.C.;

(c) Mr. William Foster, R.R. #3, McNair Road, Powell River, B.C.;

(d) Mrs. Eleanor Mae, R.R. #1, Mission Road, Sechelt, B.C.

[am. B.C. Reg. 377/88.]

Chairman of Advisory Council

2   (1) The members of the Advisory Council shall elect one of their members to be the chairman.

(2) In the absence or inability to act of the chairman, the members present at a meeting shall elect one of their members to act as chairman of that meeting.

Elections

3   (1) Commencing in the Autumn of 1990 and every 3 years after that, an election shall be conducted in accordance with Parts 3 and 4 of the Municipal Act for the 5 members of the Advisory Council, who shall take office for a 3 year term commencing at the end of the term of the members appointed by the Lieutenant Governor in Council.

(2) For the purposes of an election,

(a) the Advisory Council shall appoint a person to exercise the powers and duties exercised by the clerk of a municipality, and

(b) the Advisory Council shall exercise the powers and duties of the council of a municipality

under the Municipal Act.

(3) In an election,

(a) one member shall be elected who resides in each of the areas of the Sechelt Indian Government District known as

(i) Sechelt Band Lands (Tsawcome) No. 1,

(ii) Sechelt Band Lands (Sechelt) No. 2,

(iii) Sechelt Band Lands (Suahbin) No. 19, and

(iv) Sechelt Band Lands (Cokqueneets) No. 23, and

(b) one member shall be elected who resides anywhere in the Sechelt Indian Government District.

(4) With respect to the election of the members referred to in subsection (3) (a), a person shall have only one vote and shall vote for a candidate who resides in the same area in which the person voting resides.

Duties of Advisory Council

4   (1) The Advisory Council shall be responsible for

(a) planning the servicing program for the Sechelt Indian Government District,

(b) estimating the costs of the servicing program referred to in paragraph (a),

(c) recommending a servicing program, including the proposed financing for it, to the District Council, and

(d) receiving and considering petitions relating to the provision of a service in the Sechelt Indian Government District.

(2) The Advisory Council may recommend servicing programs for all or part of the Sechelt Indian Government District.

(3) In addition to the duties referred to in subsection (1), the Advisory Council may consider and make recommendations on any other matter relating to the administration of the Sechelt Indian Government District that the District Council requests it to consider.

Expenses of Advisory Council

5   (1) A member of the Advisory Council is authorized and empowered to receive compensation for his services from the District Council in an amount determined by the District Council, together with reimbursement of actual expenses necessarily incurred in the discharge of his official duties.

(2) The Advisory Council is authorized and empowered to receive from the District Council, and expend, the sums necessary to defray the expenses of the Advisory Council, including the holding of elections for its members.

Petitions to Advisory Council

6   (1) Any 10 residents may submit a petition to the Advisory Council asking that a certain service be provided to the Sechelt Indian Government District or to one area of it.

(2) In order to be valid, a petition must contain the names and residential addresses of the petitioners in full and must set forth with sufficient particularity the object of the petition.

(3) Where the petition asks that a service be provided to one area only of the Sechelt Indian Government District, it is not valid unless it is signed by 2/3 of the occupiers of the parcels liable to be specially charged, and unless the signatories are the occupiers of parcels having a total assessed value of at least 1/2 of the total assessed value of all parcels liable to be specially charged; and a description of the parcel occupied by each petitioner shall be set out in it.

(4) The sufficiency and validity of a petition to the Advisory Council shall be determined by a majority of the Advisory Council whose decision is final and binding.

(5) For the purpose of determining the validity and sufficiency of a petition, the Advisory Council shall look at the situation as it existed on the day the petition was presented to it.

(6) Where a person who is the occupier of land is a petitioner, but does not appear by the last authenticated real property assessment roll of the Sechelt Indian Government District to be the occupier, he shall be deemed an occupier if his occupation is proved to the satisfaction of the majority of the Advisory Council, and in that case, if the person who appears by the last authenticated real property assessment roll to be the occupier is a petitioner, his name shall be disregarded in determining the sufficiency of the petition.

(7) Where 2 or more persons are occupiers of a parcel, they shall be reckoned as one occupier only, and are not entitled to petition unless a majority of them concur.