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3.21  Licensing, Regulation and Operation of Businesses


 

3.21.1. Background

The federal and provincial governments retain the right to license and regulate certain types of business activities (e.g., banks federally and liquor establishments provincially, etc.) wherever located.  However, subject to any federal and provincial licensing requirements and regulations, it is local governments that for the most part license and regulate the local operation of businesses within their jurisdictional boundaries.  This is a way for local governments to control the types of business that locate within their jurisdiction and also to raise non-tax revenues from business activity.  Different businesses are typically charged different business rates depending on the policy of the local government.  In some cases, businesses like pawn shops may be charged higher rates to discourage their establishment.  On reserve lands, First Nations are exercising this power both under the Indian Act and through comprehensive governance arrangements.  While this does not remove to need for businesses to obtain other required licences (e.g., liquor licences, professional licences for doctors or dentists, etc.), recognition of this jurisdiction provides a measure of control by a First Nation over the type of business that can locate in the community, as a First Nation licence will be required for the business to operate.  This is particularly important for those Nations with significant economic development on their lands.

 

In addition, some of our First Nations may seek to exercise this jurisdiction as a means to license broader land-based activities, such as natural resource charges or royalties from resource development activity on their lands.  These fees and charges could also be raised through the exercise of law-making authority over the granting of third party interests in lands and natural resources.

 

3.21.2. Indian Act Governance

Section 81 by-law making power has been used by some communities to regulate the operation of businesses on reserve.  Specifically, section 81 (1) (n) allows for the “the regulation of the conduct and activities of hawkers, peddlers or others who enter the reserve to buy, sell or otherwise deal in wares or merchandise.”  In addition, section 83 (1) (a.1) recognizes the jurisdiction of a Band Council to make by-laws for “the licencing of businesses, callings, trades and occupations.”  By-laws made under section 81 can be disallowed by the Minister and section 83 by-laws need Ministerial approval before they are valid.

 

There are a small number of First Nations (6) that have exercised this by-law-making power under s. 83(a1).

 

3.21.3. Sectoral Governance Initiatives

There are no sectoral governance initiatives dealing with this subject matter.

 

3.21.4. Comprehensive Governance Arrangements

All agreements provide First Nation jurisdiction over the licensing and regulation of business activities on First Nation lands.

3.21.4.1. – Comprehensive Governance Arrangement - Comparative Charts

 

  General Jurisdiction:

Sechelt

Operation of businesses, professions and trades on Sechelt Lands. (s. 14(1)(n))

Westbank

Licensing, regulation and operation of businesses on Westbank Lands. (Part XIX, ss.204-205)

Nisga’a

Regulation, licensing and prohibition of businesses on Nisga’a Lands. (Ch. 11, s.47 (b))

Tsawwassen

Regulation, licensing and prohibition of businesses on Tsawwassen Lands. (Ch. 16, ss. 118-120)

Maa-nulth

Regulation, licensing and prohibition of businesses on that Maa-nulth First Nation’s Lands. (ss.13.28.1-13.28.2)

 

  Conflict of Laws:

Sechelt

Westbank

Westbank law prevails. (Part XIX, s. 207)

Nisga’a

Nisga’a law prevails. (Ch. 11, s. 49)

Tsawwassen

Federal or Provincial law prevails. (Ch. 16, s. 121)

Maa-nulth

Federal or Provincial law prevails. (s. 13.28.3)

 

3.21.5. BC First Nations’ Laws/By-laws in Force and Other Activities

Indian Act Governance

By-laws – Section 83(a.1) Licensing

 

First Nation By-law# By-law Title Description

Cowichan

2, 1997

BUSINESS LICENSING

-

Kamloops

2001-04

BUSINESS LICENSING

-

Katzie

-

BUSINESS LICENSING

-

Songhees First Nation

-

PRIMARY AND SECONDARY SCHOOL BUSINESS LICENSING

-

Songhees First Nation

-

BUSINESS LICENSING

-

Squamish

 1, 1995

BUSINESS LICENSING

Being A By-law To Regulate Callings, Trades, Occupation And Employment, Etc., On Reserve

 

By-laws – Section 81(1)(n) Regulation of activities of hawkers and peddlers

 

First Nation By-law# By-law Title Description

Ahousaht

4

HAWKERS & PEDDLERS

To Provide For The Regulation Of The Conduct And Activities Of Hawkers, Peddlers Or Others Who Enter The Marktosis Res. 15 To Buy Or Sell Or Otherwise Deal In Wares Or Merchandise.

Campbell River

1996.7

REGULATION OF HAWKERS AND PEDDLERS

By-Law Respecting Shopping On Holidays

Campbell River

5

HAWKERS & PEDDLERS

To Provide For Regulation Of The Conduct Of Hawkers And Peddlers Or Others Who Enter The Campbell River Reserve To Buy, Sell Or Otherwise Deal In Wares.

Cape Mudge

5

HAWKERS & PEDDLERS

To Provide For Regulations Of The Conduct And Activities Of Hawkers, Peddlers Or Others Who Enter The Cape Mudge Reserve To Buy, Sell Or Otherwise Deal In Wares.

Comox

5

HAWKERS & PEDDLERS

To Provide For The Regulations Of The Conduct And Activities Of Hawkers, Peddlers Or Others Who Enter The Comox Indian Res. To Buy Or Sell Or Otherwise Deal In Wares.

Gitwangak

1991-17

HAWKERS & PEDDLERS

By-Law Respecting Hawkers And Peddlers

Gitxaala Nation

7

HAWKERS & PEDDLERS

To Provide For The Regulation Of The Conduct And Activities Of Hawkers, Peddlers Or Others Who Enter The Reserve To Buy, Sell Or Otherwise Deal In Wares.

Haisla Nation

2

HAWKERS & PEDDLERS

Regulation Of The Conduct And Activities Of Hawkers, Peddlers Or Others Who Buy, Sell Or Otherwise Deal In Wares Or Merchandise And Charging Of A Fee.

Hartley Bay

2

HAWKERS & PEDDLERS

Regulation Of The Conduct And Activities Of Hawkers, Peddlers Or Others Who Enter The Reserve To Buy, Sell Or Otherwise Deal In Wares And Merchandise And Charging Of A Licence Fee.

Huu-ay-aht First Nations

1998-2

REGULATION OF HAWKERS AND PEDDLERS

By-Law Respecting Hikers

Kispiox

2

HAWKERS & PEDDLERS

To Provide For The Licensing Of Businesses, Callings, Trades And Occupations Within The Kispiox Reserve.

Kispiox

5

HAWKERS & PEDDLERS

To Provide For The Regulation Of The Conduct And Activities Of Hawkers, Etc.

Kwakiutl

4

HAWKERS & PEDDLERS

To Provide For The Regulation Of The Conduct And Activities Of Hawkers And Peddlers Or Others Who Enter The Reserve To Buy Or Sell Or Otherwise Deal In Wares And Merchandise.

Lax-kw'alaams

6

HAWKERS & PEDDLERS

Regulations Of The Conduct And Activities Of Hawkers, Peddlers Or Others Who Enter The Reserve To Buy, Sell Or Otherwise Deal In Wares Or Merchandise

Nak'azdli

1987-05

HAWKERS & PEDDLERS

By-Law Respecting Hawkers And Peddlers

Namgis First Nation

6

HAWKERS & PEDDLERS

To Provide For The Regulation Of The Conduct Of Hawkers, Peddlers Of Others Who Enter The Nimpkish Res. To Buy Or Sell Or Otherwise Deal In Wares Or Merchandise.

Nuxalk Nation

6

HAWKERS & PEDDLERS

To Provide For Regulations Of The Conduct Of Hawkers, Peddlers Or Others Who Enter The Reserve To Buy, Sell Or Otherwise Deal In Wares Or Merchandise And The Charging Of A Licence Fee.

Old Massett Village Council

3

HAWKERS & PEDDLERS

To Provide For Regulations Of The Conduct Of Hawkers, Peddlers Or Others Who Enter The Masset Reserve To Buy, Sell Or Otherwise Deal In Wares Or Merchandise.

Quatsino

4

HAWKERS & PEDDLERS

To Provide For The Regulation Of The Conduct And Activities Of Hawkers, Peddlers, Or Others Who Enter The Reserve To Buy Or Sell Or Otherwise Deal In Wares Or Merchandise.

Songhees First Nation

2001-05

REGULATION OF HAWKERS AND PEDDLERS

By-Law Respecting Door To Door Sales

Squamish

1,2003

REGULATIN OF HAWKERS AND PEDDLERS

By-Law Respecting Retail Business Hours

Tlowitsis Tribe

5

HAWKERS & PEDDLERS

To Provide For The Regulation Of The Conduct And Activities Of Hawkers, Peddlers Or Others Who Enter The Turnor Island Res. To Buy Or Sell Or Otherwise Deal In Merchandise.

Tsawataineuk

4

HAWKERS & PEDDLERS

To Provide For The Regulation Of The Conduct And Activities Of Hawkers And Peddlers On The Tsawatai- Neuk Reserve.

 

By-laws – Section 83(b) Expenditure

 

First Nation By-law# By-law Title Description

Hupacasath First Nation

 

HUPACASATH FIRST NATION BUSINESS LICENSING BY-LAW

To Provide For The Licensing Of Businesses, Callings, Trades And Occupations On The Hupacasath First Nation's Lands

 

By-laws – Section 81(1)(g) Zoning

 

First Nation By-law# By-law Title Description

Namgis First Nation

18-82

ZONING

By-Law To Provide For The Licensing Of Businesses, Callings, Trades And Occupations.

 

Sectoral Governance Initiatives

 

First Nation By-law Description

Tzeachten First Nation

 

Tzeachten Business Permit Law – Fee Schedule – Nov 16th 2010

Tzeachten First Nation

 

Tzeachten Application for Business Licence – v3

Tzeachten First Nation

No. 10-04

Tzeachten Business Licence Law

 

 

Comprehensive Governance Arrangements

 

First Nation By-law Description

Sechelt Indian Band (SIGD)

1989-05

Business License

Westbank First Nation

2005-09

WFN Second-hand Dealers and Pawnbrokers Law

Westbank First Nation

2005-20

WFN Outdoor Events Law

 

3.21.6. Resources

 

  • BC Chamber of Commerce

1201 - 750 West Pender Street

Vancouver, BC V6C 2T8

Phone:      604-683-0700

Fax:          604-683-0416

Email: bccc@bcchamber.org

www.bcchamber.org

  • Ministry of Small Business, Technology and Economic Development

PO Box 9822, Stn Prov Govt

Victoria BC V8W 9N3

Phone:      250-387-4699

E-mail: smallbusinessbranch@gov.bc.ca

www.resourcecentre.gov.bc.ca/mbl.htm

 

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