AANR Committee Meeting

The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met at 10:20 a.m. this day, in Room 371 West Block, the Chair, Raymond Bonin, presiding.

Acting Members present: John Bryden for Gérard Binet, Judi Longfield for Benoît Serré, Paul Harold Macklin for Nancy Karetak-Lindell, Pauline Picard for Yvan Loubier, John Duncan for Brian Pallister, Gary Schellenberger for Inky Mark and Guy St-Julien for Julian Reed.

By unanimous consent, Clauses 27 to 29 inclusive carried on division.

Clause 30 was allowed to stand.

Clause 31 was allowed to stand.

By unanimous consent, Clauses 32 and 33 carried on division.

Clause 34 was allowed to stand.

By unanimous consent, Clauses 35 to 50 inclusive carried on division.

Clause 51 was allowed to stand.

Clause 52 carried on division.

Clause 53 was allowed to stand.

By unanimous consent, Clauses 54 to 76 inclusive carried on division.

By unanimous consent, Clause 77 was allowed to stand.

By unanimous consent, Clause 78 was allowed to stand.

By unanimous consent, Clause 79 was allowed to stand.

By unanimous consent, Clauses 80 to 86 inclusive carried on division.

Clause 87 was allowed to stand.

By unanimous consent, Clauses 88 to 98 inclusive carried on division.

By unanimous consent, Clauses 99 to 104 inclusive carried on division.

Clause 105 was allowed to stand.

By unanimous consent, Clauses 106 and 107 carried on division.

Clause 108 was allowed to stand.

By unanimous consent, Clauses 109 to 133 inclusive carried on division.

Clause 134 was allowed to stand.

By unanimous consent, Clauses 135 to 137 inclusive carried on division.

By unanimous consent, Clause 138 was allowed to stand.

By unanimous consent, Clauses 139 to 141 inclusive carried on division.

Clause 142 was allowed to stand.

By unanimous consent, Clauses 143 and 144 carried on division.

Clause 145 was allowed to stand.

Clause 146 carried on division.

Clause 147 was allowed to stand.

By unanimous consent, Clauses 148 and 149 carried on division.

Clause 150 was allowed to stand.

By unanimous consent, Clauses 151 to 153 inclusive carried on division.

Clause 154 was allowed to stand.

Clause 155 carried on division.

On Clause 30,

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 30, be amended by

a ) replacing line 9 on page 16 with the following:

“ 30 . (1) The Commission shall not approve a”

b ) replacing lines 19 to 21 on page 16 with the following:

“vision of local services on reserve lands.

(2) On approving a law made by a first nation under paragraph 4(1)( d ), the Commission shall provide the First Nations Finance Authority with

( a ) a true copy of the law registered under subsection 29(4); and

( b ) a certificate stating that the law meets all the requirements of this Act and the regulations made under this Act.

(3) If the Commission becomes aware that judicial review proceedings have been undertaken in respect of a law made by a first nation under paragraph 4(1)( d ), the Commission shall without delay inform the First Nations Finance Authority of those proceedings.

(4) A certificate referred to in paragraph (2)( b ) is, in the absence of evidence to the contrary, conclusive evidence in any judicial proceedings of the facts contained in it.”

At 10:27 a.m., the sitting was suspended.

At 10:30 a.m., the sitting resumed.

Clause 30, as amended, carried on division.

On Clause 31,

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 31, be amended by

(a) replacing line 28 on page 16 with the following:

“not complied with this Part or Part 1 or with a regulation made under either Part or section 138 or 138.1”

“Part or Part 1 or with a regulation made under either Part or section 138 or 138.1 or that a law has been unfairly”

“Commission considers that a first nation has not complied with this Part or Part 1 or with a regulation made under either Part or section 138 or 138.1 or that a law has been”

Clause 31, as amended, carried on division.

On Clause 34,

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 34, be amended

(a) replacing lines 15 and 16 on page 18 with the following:

prescribed under subparagraph 4(1)(a)( i ), paragraph 4(1)( e ) or (4)( a ), subsection 4(7) or section 9;

(2) Regulations made under paragraph (1)( a ) may vary from province to province.

(3) Regulations made under paragraph (1)( b ) may authorize the Commission to

( a ) vary the procedures to accommodate the customs or culture of a first nation in respect of which a hearing is being held;

( b ) extend or shorten any period provided for in those regulations; and

( c ) dispense with compliance with any procedure provided for in the regulations in the interest of securing a just, expeditious and inexpensive hearing of a complaint.

(4) In the event of an inconsistency between

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 34, be amended by replacing, in the English version, line 18 on page 18 with the following:

“lowed in reviewing”

Clause 34, as amended, carried on division.

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 51, be amended by

(a) replacing lines 33 and 34 on page 24 with the following:

“ ( a ) subject to subsection (2.1), act in the place of the council of the first nation to make laws under paragraphs 4(1)( a ) to ( f );”

“(2.1) The Board shall not make a law under paragraph 4(1)( f ) that delegates a power to a person or body to whom a power was not delegated at the time the Board assumed third-party management of the local revenues of a first nation, unless the council of the first nation gives its consent.

(2.2) The council of the first nation shall not, during the time that the board assumes third-party management of the first nation's local revenues, repeal any law made under paragraph 4(1)( g ).”

Clause 51, as amended, carried on division.

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 53, be amended by replacing line 9 on page 26 with the following:

“ ( b ) approvals of the Board under Part 1;”

Clause 53, as amended, carried on division.

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 77, be amended by replacing lines 10 to 20 on page 35 with the following:

“ member under paragraph 4(1)( d ); and

( b ) the loan is to be paid out of the property tax revenues of the borrowing member in priority to other creditors of the borrowing member.”

Clause 77, as amended, carried on division.

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 78, be amended by replacing lines 21 to 32 on page 35 with the following:

“ 78 . A borrowing member shall not obtain long-term financing secured by property tax revenues from any person other than the First Nations Finance Authority.”

Clause 78, as amended, carried on division.

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 79, be amended by replacing lines 38 and 39 on page 35 with the following:

“a law made under paragraph 4(1)( b ).”

Clause 79, as amended, carried on division.

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 87, be amended by replacing lines 36 to 38 on page 39 with the following:

“prescribed under subsection 80(1) and paragraphs 83(3)( c )”

By unanimous consent, Clause 87 carried on division.

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 105, be amended by

(a) replacing lines 40 to 44 and line 1 on page 45 with the following:

“ 105 . (1) Subject to subsection (2), documents or records relating to first nations, Indians or other members of first nations, or to members of other aboriginal groups, that are maintained by any depart-”

“or may, withhold under any federal law or under any privilege at law.”

Clause 105, as amended, carried on division.

At 10:53 a.m., the sitting was suspended.

At 10:54 a.m., the sitting resumed.

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 108, be amended by replacing lines 6 to 10 on page 47 with the following:

“ 108 . Nothing in this Act”

Clause 108, as amended, carried on division.

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19 be amended by adding after line 13 on page 57 the following:

“ 134.1 No civil proceedings lie against a member of a council or an employee of a first nation for anything done, or omitted to be done, during the course of the exercise or purported exercise in good faith of any power, or the performance or purported performance in good faith of any duty, of that member or employee in accordance with this Act, regulations made under this Act or a law made by the council of a first nation under this Act.”

Clause 134, as amended, carried on division.

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19 be amended by adding after line 20 on page 58 the following:

“ 138.1 (1) The Governor in Council may make regulations

( a ) prescribing anything that is to be prescribed for the purposes of paragraph 72( b ); and

( b ) adapting or restricting any provision of this Act or of any regulation made under this Act for the purposes of paragraph 72( b ).”

Clause 138, as amended, carried on division.

At 11:03 a.m., the sitting was suspended.

At 11:06 a.m., the sitting resumed.

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 142, be amended by replacing lines 12 to 17 on page 59 with the following:

“ 142 . (1) Section 3 does not apply to a first nation that, immediately before the coming into force of that section, had in place a by-law made under section 83 of the Indian Ac t.

(2) Despite subsection (1), section 3 applies to a borrowing member.”

Clause 142, as amended, carried on division.

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 145, be amended by replacing line 10 on page 60 with the following:

“that Act to "section 106".”

Clause 145, as amended, carried on division.

Clause 147 was negatived.

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 150, be amended by replacing lines 14 and 15 on page 61 with the following:

150 . (1) Paragraph 83(1)( a ) of the Act is repealed.

(2) Subsection 83(1) of the Act is amended by adding the word "and" at the end of paragraph (c) and by repealing paragraphs 83(1)( e ) to ( g ).

(3) Subsections 83(3) of the Act is repealed.

(4) Subsections 83(5) and (6) of the Act are repealed.”

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19 be amended by adding after line 15 on page 61 the following:

“ 150.1 Section 84 of the Act is repealed.”

Clause 150, as amended, carried on division.

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 154, be amended by replacing lines 27 to 43 on page 63 and lines 1 to 25 on page 64 with the following:

“ (6) On the later of the day on which this Act receives royal assent and day on which section 7 of the other Act comes into force, subsection 30(4) of the other Act is replaced by the following:

(4) Subject to subsection 3(2) of the First Nations Fiscal and Statistical Management Act , a code or a band law made under this Act comes into force at the beginning of the day following the day it is deposited in the band's registry, or at such later time as is specified in the code or law.

(7) On the later of the day on which this Act receives royal assent and the day on which section 7 of the other Act comes into force

( a ) section 3 of this Act is replaced by the following:

3. (1) The council of a first nation that has made a financial management and accountability code under the First Nations Governance Act shall not make a law under subsection 4(1) unless that code has been approved by the First Nations Financial Management Board.

(2) After the council of a first nation has obtained approval of a financial management and accountability code under subsection (1) and while any local revenue law made by the first nation remains in effect, no amendment to the code comes into force until the later of the day of the coming into force set out in the amendment and the day after it is approved by the First Nations Financial Management Board.”

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 154, be amended by replacing lines 7 to 15 on page 66 with the following:

“ (5) A band law referred to in subsection (1) does not apply in respect of any decision from which a right of appeal or review otherwise exists, other than a review under the Federal Courts Act .”

On motion of Charles Hubbard, it was agreed on division, — That Bill C-19, in Clause 154, be amended by replacing lines 17 to 31 on page 67 with the following:

“ (11.1) If section 150 of this Act is not in force on the day on which section 54 of the other Act comes into force, then, on that day, section 150 of this Act is replaced by the following:

“ 150 . Section 83 of the Act is repealed.

(12) On the later of the coming into force of section 150 of this Act and the day on which the other Act receives royal assent, section 14 of the other Act is replaced by the following:

14. No civil proceedings lie against a member of a council or an employee of a band for anything done, or omitted to be done, in the exercise or purported exercise in good faith of any power, or in the performance or purported performance in good faith of any duty, in accordance with this Act, the Indian Act , regulations made under either Act, a code or a band law made under this Act.

(12.1) If section 54 of the other Act is not in force on the day on which section 150 of this Act comes into force, then, on that day, section 54 of the other Act is replaced by the following:

54. Section 83 of the Act is repealed.”

Clause 154, as amended, carried on division.

On motion of Pauline Picard, it was agreed, — That Bill C-19 be amended by adding after line 4 on page 4 the following new clause:

“ 2.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982 .”

Clause 2, as amended, carried on division.

The Preamble carried on division.

The Short Title carried on division.

The Title carried on division.

The Bill, as amended, carried on division.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-19, as amended, be reprinted for the use of the House at report stage.

At 11:38 a.m., the Committee adjourned to the call of the Chair.