Partie II - Lois des Premières nations promulguées

TI<:EMLUPS TE SECWEPEMC

CANNABIS LAW

2022

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1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.

TABLE OF CONTENTS

NAME ..........................................................................................................................................4 INTERPRETATION ........................................................................................................................4 PURPOSE .....................................................................................................................................7 JURISDICTION ..............................................................................................................................8 APPLICATION ...............................................................................................................................8 PARAMOUNTCY OF LAW ............................................................................................................ 9 COOPERATION ............................................................................................................................9 HARMONIZATION .......................................................................................................................9 PROHIBITIONS .............................................................................................................................9 EXEMPTIONS ............................................................................................................................. 10 CANNABIS CONTROLBOARD ..................................................................................................... 10 HEALTH & SAFETY COMMITTEE ............................................................................................. 10 APPLICATIONS AND LICENCES .................................................................................................. 11 DEVELOPMENTS ........................................................................................................................1 2 PRINCIPLES AND FACTORS IN REVIEWING APPLICATIONS ....................................................... 13 DECISIONS .................................................................................................................................1 3 LICENSE FEES ............................................................................................................................. 14 MANDATORY COMMUNITY CONTRIBUTIONS .......................................................................... 14 OFFENCES, PENALTIES AND ENFORCEMENT ............................................................................ 14 REGULATIONS ...........................................................................................................................1 5 COMING INTO FORCE ............................................................................................................... 16

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TKEMLUPS TE SECWEPEMC CANNABIS LAW WHEREAS TKemlups te Secwepemc has and maintains Aboriginal Title, Rights and interests to its Ancestral Lands, as evidenced by the Memorial;

AND WHEREAS TKemlups te Secwepemc has an inherent right to self-government which emanates from our people, culture and land and which is recognized and affirmed by section 35 of the Constitution Act; 1982;

AND WHEREAS The International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Vienna Declaration and Programme of Action, affirm that all peoples have the right to self-determination, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural determination, and that state parties to these instruments will promote the realization of and respect this right in accordance with the Charter of the United Nations, which recognizes the principle of equal rights and self-determination of peoples;

AND WHEREAS Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples ("UNDRIP") provides that Indigenous peoples have the right to self-determination and the right to freely pursue their economic, social, and cultural development;

AND WHEREAS Article 4 of UN DRIP provides that Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions;

AND WHEREAS Article 5 of UN DRIP provides that Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State;

AND WHEREAS Article 21(1) ofUNDRIP provides that Indigenous Peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, economic development, employment, vocational training and retraining, housing, sanitation, health and social security;

AND WHEREAS as an aspect of its inherent right of self-government, TKemlups te Secwepemc has the jurisdiction to address issues such as the cultivation and sale of Cannabis on its Ancestral Lands, and deter and prevent illegal activities respecting Cannabis from taking place on its Ancestral Lands and this inherent right has not been, nor can it be, extinguished by any other level of government;

AND WHEREAS TKemlups te Secwepemc people have, since prior to contact with non-Indigenous peoples, traditionally traded and used Spet'sen (hemp) and Yi7ut (cannabis) for various purposes;

AND WHEREAS TKemlups te Secwepemc is engaged in the revitalization and re-articulation of its legal order in areas that include governance and decision-making, lands and resources management, Yecwminmen, economic development, health and safety, cultural heritage, and intellectual property;

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AND WHEREAS It is essential to the health and survival of Tf<emlups te Secwepemc that it maintain its community through the passage oflaws;

AND WHEREAS Tkemlups te Secwepemc Council ("Council") is authorized to pass various laws and bylaws relating to Ancestral Lands including in relation to regulation of zoning, subdivision, business regulation and developments;

AND WHEREAS Tkemlups te Secwepemc has, or may in the future pass laws, regulations, or bylaws, pursuant to its inherent right to self-government and subject to this law, including under authority of other laws such as the First Nations Fiscal Management Act, the First Nations Land Management Act and the Indian Act;

AND WHEREAS the Council will align this Law with the First Nation Tax Commission's First Nation Cannabis Jurisdiction Proposal and any changes to laws in the future that respect and acknowledge First Nations' inherent rights to exercise jurisdiction over Cannabis regulation within their respective lands;

AND WHEREAS this Law is paramount and supersedes any Federal or Provincial laws or regulations respecting the cultivation or sale of Cannabis within, to and from the Ancestral Lands.

NOW THEREFORE this Lawis enacted pursuant to the authority of the Tkemlups te Secwepemc Council's duty to govern in the best interest of its community's health and safety in the spirit of good governance.

1. NAME This Law may be cited as the "Tkemlups te Secwepemc Cannabis Law". 2. INTERPRETATION 2.1 For the purposes of this Law, unless otherwise stated, capitalized terms have the following meanings:

"Ancestral Lands" means Tkemlupsemcul'ecw, the unceded ancestral lands of Tkemlups te Secwepemc, including:

(a)

(b)

( c)

( d)

(e)

The lands presently under the control and jurisdiction of Tkemlups te Secwepemc including the lands held for the benefit of Tkemlups te Secwepemc by the Government of Canada;

any and all lands that may be added to the lands now under control and jurisdiction of the Tkemlups te Secwepemc through the negotiations and resolution ofland claims;

any and all lands that may be added to the lands now under the control and jurisdiction of Tkemlups te Secwepemc as a result of any other means;

lands which are returned to Tkemlups te Secwepemc as lands within the meaning of subsection 91(24) of the Constitution Act; 1867;

the water and waterways under control and jurisdiction ofTkemlups te

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Secwepemc; and (f) lands that Tkemlups te Secwepemc has not relinquished nor ceded. "Approved Agent" means a person or persons approved by the Council or Cannabis Control Board to carry out any of the functions set forth in this Law or the regulations, on behalf of the Council or Cannabis Control Board;

"arms length" means having authority and responsibility to make the decisions and take the actions as provided for in this Law;

"Business" means carrying on, or the entity that carries on, a commercial or agricultural undertaking of any kind or nature, or the provision of professional, personal or other services for the purpose of gain or profit;

"Cannabis" means a plant that belongs to the genus cannabis and includes (a) any part of a cannabis plant, including the phytocannabinoids produced by, or found in, such a plant, regardless of whether that part has been processed or not, other than a part of the plant referred to below;

(b)

( c)

( d)

any substance or mixture of substances that contains or has on it any part of such a plant; and

any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained;

but does not include: (i) a non-viable seed of a cannabis plant; (ii) a mature stalk, without any leaf, flower, seed or branch, of such a plant;

(iii) fiber derived from a stalk referenced above; and (iv) the root or any part of the root of such a plant; "Cannabis Act" means the Cannabis Act, S.C. 2018, c. 16 and any regulations passed pursuant thereto;

"Cannabis Control and Licensing Act" means the Cannabis Control and Licensing Act, SBC, 2018, c 29 and any regulations passed pursuant thereto;

"Cannabis Control Board" means the Tkemlups te Secwepemc Cannabis Control Board established under this Law;

"Council" means the Tkemlups te Secwepemc Chief and Council; "cultivate" means to grow, propagate or harvest any cannabis plant or any other living thing from which cannabis may be extracted;

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"cultivator" means the holder of a valid standard cultivation license or micro cultivation license;

"Development Approval Board" has the meaning set out in the Development Approval Process Bylaw;

"Development Approval Process Bylaw" means the Tkemlups te Secwepemc Development Approval Process Bylaw or any successor law, regulation, or bylaw;

"distribute" or "distribution" in respect of cannabis, means giving, transferring, transporting, sending, delivering, providing or otherwise making available in any manner, whether directly or indirectly, and includes offering to distribute;

"Dwelling Unit" means any house, apartment unit, condominium unit or other similar secure structure or unit thereof that is primarily used as a residence;

"Enforcement Officer" means any person or persons appointed by Council, from time to time, to administer and enforce the provisions of Tkemlups te Secwepemc Laws enacted by Council, and includes any delegate, the RCMP and any peace officer;

"First Nations Tax Commission" means the commission established pursuant to section 29 of the First Nations Fiscal Management Act, S.C. 2005, c. 9;

"First Nations Tax Commission First Nations Cannabis Jurisdiction Proposal" means the proposal developed by the First Nations Tax Commission in relation to First Nation Cannabis Jurisdiction;

"Health and Safety Committee" means the Tkemlups te Secwepemc Cannabis Health and Safety Committee established under this Law;

"Indian Act" means the Indian Act, RSC 1985, c 1-5; "individual" means single human being; "Licence" means a license or authorization issued pursuant to this Law or its regulations to carry on any of the activities otherwise prohibited by this Law or its regulations;

"Memorial" means the Memorial to Sir Wilfred Lauri er, Premier of the Dominion of Canada from the Chiefs of the Shuswap, Okanagan and Couteau Tribes of British Columbia, presented at Kamloops, B.C. on August 25, 1910;

"Members" means the members of Tkemlups te Secwepemc; "Person" means any natural person, corporation, partnership, not-for-profit society or corporation, unincorporated entity, and, except where stated otherwise, any person who is a Member ofTkemlups te Secwepemc community;

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2.2

2. 3

"possess", in respect of cannabis, means to have cannabis in a person's personal possession or knowingly have cannabis in the actual possession or custody of another person, or has cannabis in any place, whether or not that place belongs to or is occupied by the person, for the use of the person or of other another person;

"prescribed legal age" means the full age of 19 years old or such age as is provided in the regulations;

"process" in respect of cannabis means the production, packaging and labeling of the cannabis products;

"regulations" means any regulation enacted by the Council under this Law; "sell or sale" means to transfer ownership in exchange for money or something of value an includes offer for sale, expose for sale and have it possession for sale;

"Taxation Office" means the Tkemlups te Secwepemc Taxation Office; and "Use", in respect of cannabis means to smoke, vape, inhale, ingest, absorb or otherwise consume.

The headings of parts and sections in this Law have been inserted as a matter of convenience and for reference only and in no way define or limit any of its provisions.

In the event that all or any part of any section or sections of this Law is found by a court of competent jurisdiction to be invalid, such sections shall be severable, and the remaining portions or sections shall remain in full force and effect

3. PURPOSE The purposes of this Law are to: (a) protect the health and safety of Members and other persons within the Ancestral Lands and, in particular to protect the health of young persons by restricting their access and exposure to Cannabis and derivative products;

(b)

( c)

( d)

protect the jurisdictional integrity of the Ancestral Lands by ensuring mutual respect and cooperation in relation to jurisdiction, economic advancement, and enforcement of the Tkemlups te Secwepemc's domestic affairs;

facilitate a regulated and controlled Cannabis industry that will promote and enhance socio-economic development, fiscal self-sufficiency, and tangible benefits for Tkemlups te Secwepemc;

provide for the legal cultivation, processing, distribution, sale, possession, and use of quality-controlled cannabis within and from the Ancestral Lands; and

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4. 4.1

4.2

4.3

4.4

4.5

4.6

4. 7

5. 4.1

( e)

deter illicit and illegal activities in relation to Cannabis, including but not limited to:

(i)

(ii)

preventing Cannabis from being diverted into the illicit or illegal market

preventing illicit or illegal Cannabis from entering the source of supply of the legal Cannabis market through appropriate sanctions and enforcement measures.

JURISDICTION Tkemlups te Secwepemc, as part of the Secwepemc Nation, is and has always been a sovereign people, and has consistently and historically exercised ultimate and exclusive jurisdiction over its Ancestral Lands.

Tkemlups te Secwepemc has existing, inherent, and inalienable rights which include the right of self-determination, self-government, and autonomy and the right to promote and control economic development with its Ancestral Lands.

The aforementioned rights of Tkemlups te Secwepemc have been recognized and affirmed in the domestic laws of Canada, including the Constitution Act, 1982, the United Nations Declaration on the Rights of Indigenous Peoples Act, SC 2021, c 14., the Declaration on the Rights ofI ndigenous Peoples Act, SBC 2019, c 44, and other federal and provincial legislation applicable in the Province of British Columbia.

The aforementioned rights of Tkemlups te Secwepemc as an Indigenous people have been recognized and affirmed in international covenants and declarations, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and UNDRIP.

As cultivation, processing, distribution, sale, possession, and use of Cannabis has a significant impact on socio-economic development within the Ancestral Lands, Council has the ultimate and exclusive right and jurisdiction to regulate and control Cannabis within its Ancestral Lands.

Given that jurisdictions surrounding the Ancestral Lands are creating legislation that directly impacts the well-being of Tkemlups te Secwepemc's community, the Council has the obligation to regulate and control cannabis in a way that protects and preserves the best interests of Tkemlups te Secwepemc.

The Council, as a governing body in and for the Ancestral Lands, has the power and authority to enact this Law on behalf of Tkemlups te Secwepemc.

APPLICATION This Law applies to: (a) all activities related to the cultivation, processing, distribution, sale, possession and use of Cannabis within, into and from the Ancestral Lands; and

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4.2 4.3

6. 6.1

7. 7.1

8. 8.1

8.2

9. 9.1

(b) all Persons and Businesses situations or found within the Ancestral Lands. The provisions of this Law apply to the whole area of the Ancestral Lands. Laws of general application will continue to apply to the extent that they are not inconsistent with this Law or the regulations.

PARAMOUNTCYOFLAW Through the enactment, application and enforcement of this Law and its regulations, Council is exercising its inherent jurisdiction in respect of Cannabis legislation and regulation within the Ancestral Lands to the exclusion of the Federal and Provincial governments of Canada.

COOPERATION To ensure the purposes of this Law and the regulations are fully realized, the Cannabis Control Board will liaise regularly and cooperate with the Health and Safety Committee and any other appropriate agencies.

HARMONIZATION This Law may serve as the basis for the harmonization oflaws and regulations concerning Cannabis in other jurisdictions and for cooperation and mutual assistance between the Cannabis Control Board and other First Nations and other regulatory and law enforcement agencies. However, this law and the regulations are not dependent on the approval of, or cooperation from, any other governmental body or agency.

For greater certainty, the foregoing section 8.1 is not intended to, and does not in fact, affect, compromise or diminish the authority of the Council, the Cannabis Control Board, any Approved Agent or Enforcement Officer authorized by Council, or any other regulatory or law enforcement agency empowered under Tkemhips te Secwepemc laws, regulations, or bylaws.

PROHIBITIONS No Person shall produce, cultivate, propagate, harvest, process, consume, sell, smoke or vape Cannabis or carry out any Business related to Cannabis, within, to or from the Ancestral Lands, except in accordance with:

(a) (b) (c)

( d) ( e)

thisLaw; the regulations; all other applicable Tkemhips te Secwepemc laws, regulations, and bylaws;

the standards related to health and safety provided by the Cannabis Act; the standards related to health and safety provided by the Cannabis

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10. 10.1

11. 11.1

11.2

11.3

11.4

11.5

11.6

12.

(f)

Control and Licensing Act; and in relation to any Business, unless specifically exempted under this Law or one of the above laws or regulations, a Licence or written authorization issued by the Cannabis Control Board or passed by a resolution of the Council.

EXEMPTIONS An individual may cultivate up to four Cannabis plants per Dwelling Unit for personal use at their Dwelling Unit in accordance with the requirements of the Cannabis Act, the Cannabis Control and Licensing Act, and Tkemlups te Secwepemc laws, regulations, bylaws, and policies.

CANNABIS CONTROL BOARD The Council may delegate certain of its powers under this Law to the Cannabis Control Board for the purpose of regulating, enforcing and administering this Law and the regulations. For greater certainty, the Cannabis Control Board will not be a public policy-making body.

The Cannabis Control Board will administer this Law in the best interests of Tkemlups te Secwepemc and in accordance with the highest principles of health, safety, security, honesty and integrity.

In addition to any other duties and responsibilities that may be provided to it in this Law, the Cannabis Control Board will have the power to:

(a)

(b)

(c)

( d)

issue, suspend and revoke the Licences provided in this Law and the regulations;

regulate, monitor and inspect all the premises and activities of Licence holders;

communicate regularly with the Health and Safety Committee; and

make any decision and take any action as is necessary to fulfill its purposes under this Law and the regulations.

The Cannabis Control Board will be accountable to, but will function at arm's length from, the Council.

The Council will set out terms of reference to provide specific details on the operation of the Cannabis Control Board, including but not limited to the process for meetings, remuneration of members of the board, and reporting requirements.

Until such time as the Cannabis Control Board is established, the Council will retain all powers delegated to the Cannabis Control Board hereunder.

HEALTH & SAFETY COMMITTEE

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12.1

12.2

12.3

12.4

12.5

13. 13.1

The Council may delegate certain of its powers under this Law to a Health and Safety Committee.

The Health and Safety Committee will on a continuing basis: (a) monitor the impacts of this Law and the regulations on the health and safety of the Members;

(b)

make recommendations to Council or the Cannabis ControlBoard for amendments to the Law or the regulations that the committee finds appropriate to minimize the harms of Cannabis use within the Ancestral Lands.

The Health and Safety Committee will be accountable to, but will function at arm's length from, the Council.

The Council will set out terms of reference to provide specific details on the operation of the Health and Safety Committee, including but not limited to the process for meetings, remuneration of members of the committee, and reporting requirements.

Until such time as the Health and Safety Committee is established, the Council will retain all powers delegated to the Health and Safety Committee hereunder.

APPLICATIONS AND LICENCES Every Person wishing to apply for a Licence or authorization to carry out an activity or use set out in section 9.1 which would otherwise be prohibited, shall pay the prescribed application fees and submit an application to the Cannabis Control Board and Development Approval Board with the following details:

(a)

(b)

(c )

(d ) (e )

the applicant's plans to comply with all applicable standards in relation to health and safety set out in the Cannabis Act and the Cannabis Control and Licensing Act;

provision of a security plan for the premises that describes adequate security measures to mitigate risks of theft, theft by employees, unauthorized entry and other security risks at the premises;

proof of a security alarm contract that includes regular monitoring at all times during the period for which the Licence or authorization is being sought;

measures to contain or control odors; a criminal record check for: (i) the applicant; (ii) if the applicant is a corporation, each shareholder holding 20% or more of the shares of such corporation, and each officer and director;

(iii)

if the applicant is a partnership, each partner, and if a partner is a corporation,

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13.2

14. 14.1

each shareholder holdings 50% of more of the shares of such corporation, and each officer and director of such corporate partner; and

(iv) each on-site manager. Any Licence or authorization issued by Tkemlups te Secwepemc under this Law shall include, at a minimum:

(a)

(b)

(c )

(d )

(e )

(f) (g)

(h) (i) 0) (k) 0)

(m ) (n )

the premises authorized under the Licence and the exact area and site and structures in which the Business may be carried out;

the name or names of the approved Business operators, including the name of any incorporated entities and the name of the owner or manager responsible for the operations of the Business;

the contact information for the owner or manager including 24-hour emergency contact information;

for commercial cultivation, propagation or harvesting, the estimated number of Cannabis plants per month estimated to be cultivated, propagated or harvested;

for sales and related Business activities, the estimated number of grams of Cannabis product estimated to be stored and to be sold at the premises per month;