Bylaws

Bylaw making powers apply to:

• First Nation Councils elected under the Indian Act
• First Nation Councils selected by custom or a Customary Code under the Indian Act
• First Nation Councils elected under the First Nations Elections Act
• First Nation Councils selected by a Community Election Code, created under the First Nations Elections Act

First Nation Councils have added powers to make laws if they have passed a Land Code. If a First Nation has a Self-Government Treaty, their powers are based on that Treaty.

Bylaws are passed by councils. Bylaws apply on the reserve to members and non-members. Bylaws cannot conflict with the Indian Act or other federal laws like the Criminal Code of Canada.

Bylaws must also abide by the rules in the Canadian Charter of Rights and Freedoms and federal human rights laws.

If a bylaw conflicts with a provincial law, the bylaw applies.