News

WLFN Business Licence Law Enacted

by Brandon Hoffman

Williams Lake First Nation (“WLFN”) Council passed a resolution (BCR 24-88) during a regular meeting of Council on July 11, 2024 which enacted the Business Licence Law 2024-02 as WLFN Law in accordance with section 32.3(a) of the Land Code.

The Business Licence Law was initiated under the process outlined in section 29.2 of the WLFN Land Code on February 9, 2024 when Council passed resolution BCR 24-55. A notice of initiation was published on the same day to inform Membership. The First Reading of the draft law occurred on April 5th, 2024, at a regular meeting of Council, where Council passed a resolution (BCR 24-69) that gave acceptance in principle to the draft law and directed a Special Membership Meeting to be held. On May 15th, 2024, WLFN staff presented the First Reading draft of the law at a Special Membership Meeting. WLFN staff and Chief Sellars also met with WLFN Elders on May 6th with the purpose of receiving their input on the draft law. The feedback received from Members was presented to Council on May 31st with the purpose of seeking direction on how to proceed with revising the First Reading draft Business Licence Law. Staff then prepared a Second Reading draft which was considered by Council at regular meeting on June 13, 2024. At the meeting, Council passed a resolution (BCR 24-85) that gave acceptance to the Second Reading draft Business Licence Law and referred the draft Law to a Third Reading. The final draft Business Licence Law was given Third Reading and enacted by Council by resolution (BCR 24-88) on July 11, 2024.

The WLFN Business Licence Law includes provisions dealing with the following subject matters:

  • Requirement for businesses to be licensed
  • Businesses and business activities prohibited on WLFN Lands (brothels & places of prostitution & the sale, processing or production of cannabis that has not been permitted under the WLFN Cannabis Law)
  • Businesses and commercial activities exempted from licencing requirement (events hosted by WLFN, yard sales, sale of homemade baked goods, the delivery of mail, parcels, newspapers, food, and taxis dropping off or picking up passengers)
  • Issuance of a licence and application for a licence
  • Declaration and display requirements
  • Changes, renewal and transfer of a licence
  • Period of licences
  • Suspension and revocation of licences
  • Appeals
  • Payment of fees
  • Duties of WLFN Law Enforcement Officer and Business Licence Officer
  • Direct selling, soliciting for charity, soliciting, contractors, public events, nightclubs and cabarets, fruit and vegetable vendors, and vending machines
  • Offences and penalties
  • Fees and forms
  • Application of Law
  • Immunity

The following is included in a schedule attached to the law:

  • Business licence fee schedule (Businesses owned by WLFN and WLFN Members will be exempted from the licensing fees)

If you have any questions with respect to the law enactment process or wish to request a full copy of the full Business Licence Law, please contact Wenona Gordon, Lands Manager, at [email protected] or Ty Sorensen, Governance Coordinator, at [email protected].

FAQs

Question: What is the WLFN Business Licence Law? What is its purpose?

Answer: The WLFN Business Licence Law was enacted in accordance with the WLFN Land Code by Council on July 11, 2024, with the purpose of regulating the the licensing of businesses, trades, and occupations on WLFN Lands. It is intended to ensure that businesses operate in compliance with WLFN laws and standards, promoting a safe and orderly business environment. The Law will also help facilitate the development of a WLFN Business Registry, which will allow WLFN to showcase the businesses owned and operated by its Members.

Question: Do I have to pay any fees to receive a WLFN business licence?

Answer: Businesses owned by WLFN and by WLFN Members do not have to pay any fees to receive a WLFN business licence. Business not owned by WLFN or WLFN Members will however have to pay a licencing fee. Fees associated with licencing a business are included in Schedule A of the WLFN Business Licence Law and are appended to the end of the business licence application form.

Question: Do I require a WLFN Business Licence for my business or commercial activity?

Answer: With some exemptions, any entity or person engaged in a commercial or industrial undertaking on WLFN Lands must obtain a business licence.

Question: What are “WLFN Lands”?

Answer: “WLFN Lands” or “WLFN Lands” means:

  1. The following WLFN “Indian Reserves”:
    1. Williams Lake Indian Reserve No. 1;
    1. Asahal Indian Reserve No. 2;
    1. Five Mile Indian Reserve No. 3
    1. James Louie Indian Reserve No. 3A;
    1. Tillion Indian Reserve No. 4;
    1. Chimney Creek Indian Reserve No. 5;
    1. San Jose Indian Reserve No. 6;
    1. Carpenter Mountain Indian Reserve No. 15; and
  2. Lands set apart by Canada in the future as lands reserved for the use and benefit of WLFN, within the meaning of subsection 91(24) of the Constitution Act, 1867 and section 2(1) of the Indian Act

Question: What types of businesses or commercial activities do not require a business licence?

Answer: No business licence is required for:

  • Cultural events or other community events hosted by WLFN.
  • Garage sales or yard sales held by WLFN Members or occupants of WLFN Lands, provided they occur 4 times or less a year.
  • Sales of baked goods cooked in the home of a Member or occupant of WLFN Lands.
  • The door-to-door delivery of newspapers.
  • The delivery of mail or parcels.
  • The delivery of food by a business whose premise and licence are maintained in another jurisdiction.
  • Taxi cabs and other carriers (ex. Uber) whose only activity on WLFN Lands is the picking up and/or dropping off passengers.

Question: What is the process for obtaining a WLFN business licence?

Answer: Applicants must complete an application form and submit the required non-refundable licence fee (if the business is not owned by WLFN or a WLFN Member). Application forms can be received at the WLFN administration buildings or by emailing or calling the Business Licence Officer ([email protected] or 778-417-0316). Completed forms and any applicable fees should be submitted to the Business Licence Officer. The Business Licence Officer is responsible for reviewing applications and issuing WLFN business licences.

Question: What happens if a business changes its location or operations?

Answer: Businesses must notify the Business Licence Officer of any changes affecting their licence, such as relocation. A new application may be required, and the licence may need to be reissued or modified.

Question: How long is a business licence valid?

Answer: Licences are generally valid for twelve months, from January 1st to December 31st. There are specific provisions for shorter licence periods for certain types of businesses like circuses, racing events, horse or dog shows, etc.

Question: Can a business licence be suspended or revoked?

Answer: Yes, the Business Licence Officer can suspend or revoke a licence for reasons such as criminal convictions, non-compliance with WLFN laws, or gross misconduct related to the business.

Question: Are there penalties for operating without a licence?

Answer: Yes, conducting business without a valid licence is prohibited, and violators may face penalties, including fines and the possible closure of the business.

Question: What enforcement measures are in place?

Answer: The Business Licence Officer and WLFN Law Enforcement Officers have the authority to enforce the provisions of this law, including entering business premises to ensure compliance.

Question: What can I do if my licence application is denied or my licence is suspended?

Answer: You can appeal the decision to WLFN’s Chief Administrative Officer (CAO). If dissatisfied with the CAO’s decision, a further appeal can be made to the WLFN Council.

Question: Is there someone who I can talk to, or ask questions, about the WLFN Business Licence Law?

Answer: Yes! Please direct any questions or inquiries about business licencing to Ty Sorensen, WLFN’s Governance Coordinator and Business Licence Officer. You can speak to Ty during normal business hours at the WLFN Yorston Office or can contact him at 778-417-0316 or [email protected]