That sort of follows on the heels of my last response.
Often first nations will engage their law-making power under section 81 and will send it off to Indian Affairs and within 40 days Indian Affairs may or may not disallow.
They tend to disallow. The department has fairly definite policies about the nature of the bylaws that they will allow to go forward, as opposed to the ones that they will disallow. Sometimes there's a difference of opinion between the first nation and the department on whether something is a valid bylaw.
What this would do is the first nation would essentially incur all the liability of a bylaw so that if they wanted to pass a bylaw under their section 81 power they could. If someone thought it was invalid they'd have to challenge it in court rather than the minister having the opportunity to disallow it.