AANO Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 4

Thursday, November 21, 2013

The Standing Committee on Aboriginal Affairs and Northern Development met at 11:01 a.m. this day, in Room 8-53, 131 Queen Street, the Chair, Chris Warkentin, presiding.

Members of the Committee present: Hon. Diane Ablonczy, Dennis Bevington, Ray Boughen, Rob Clarke, Jean Crowder, Jonathan Genest-Jourdain, Jim Hillyer, Carol Hughes, Kyle Seeback, Mark Strahl and Chris Warkentin.

Acting Members present: Yvonne Jones for Hon. Carolyn Bennett.

In attendance: Library of Parliament: Norah Kielland, Analyst ; Tonina Simeone, Analyst . House of Commons: Philippe Méla, Legislative Clerk ; Justin Vaive, Legislative Clerk.

Witnesses: Department of Indian Affairs and Northern Development: Brenda Kustra, Director General, Governance Branch. Department of Justice: Tom Vincent, Counsel, Operations and Programs Section.

Pursuant to the Order of Reference of Tuesday, October 29, 2013, the Committee resumed consideration of Bill C-9, An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations.

Brenda Kustra answered questions.

The Committee commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.

The Chair called Clause 2.

Clause 2 carried by a show of hands: YEAS: 6; NAYS: 5.

On Clause 3,

Yvonne Jones moved, — That Bill C-9, in Clause 3, be amended by replacing line 35 on page 2 to line 9 on page 3 with the following:

“name of a First Nation to the schedule if that First Nation’s council has provided to the Minister a resolution requesting that the First Nation be added to the schedule.”

After debate, the question was put on the amendment of Yvonne Jones and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following amendment which is therefore also negatived:

That Bill C-9, in Clause 5, be amended

(a) by replacing lines 25 to 29 on page 3 with the following:

“5. In the case of a First Nation whose name is added to the schedule under subsection 3(1), the date of a first election must not be later than,”

(b) by replacing line 30 on page 3 with the following:

“(a) the day on which, but for the making of”

“(b) if that First Nation’s council has”

(d) by deleting lines 4 to 7 on page 4.

Clause 3 carried by a show of hands: YEAS: 6; NAYS: 5.

By unanimous consent, Clause 4 carried by a show of hands: YEAS: 6; NAYS: 5.

By unanimous consent, it was agreed, — That the result of the vote on the previous clause be applied to Clauses 5 to 23 inclusive which are therefore also adopted.

After debate, Clause 24 carried by a show of hands: YEAS: 6; NAYS: 5.

By unanimous consent, Clause 25 carried by a show of hands: YEAS: 6; NAYS: 5.

By unanimous consent, it was agreed, — That the result of the vote on the previous clause be applied to Clauses 26 to 29 inclusive which are therefore also adopted.

By unanimous consent, Clause 30 carried by a show of hands: YEAS: 6; NAYS: 5.

By unanimous consent, it was agreed, — That the result of the vote on the previous clause be applied to Clauses 31 to 35 inclusive which are therefore also adopted.

By unanimous consent, Clause 36 carried by a show of hands: YEAS: 6; NAYS: 5.

By unanimous consent, it was agreed, — That the result of the vote on the previous clause be applied to Clauses 37 to 40 inclusive which are therefore also adopted.

After debate, Clause 41 carried by a show of hands: YEAS: 6; NAYS: 5.

On new Clause 41.1,

Jean Crowder moved, — That Bill C-9 be amended by adding after line 31 on page 12 the following new clause:

“REPORT

41.1 (1) Within one year after the coming into force of sections 2 to 5 and 30 to 42, and every two years thereafter, the Minister must prepare a report on the following:

(a) any amendments made to the regulations;

(b) any amendments made to the schedule respecting the additions or removals of, or the changes to, the names of First Nations;

(d) names of persons who have been convicted of an offence under this Act and penalized accordingly;

(e) applications submitted to a competent court regarding the contested election of the chief or a councillor of a participating First Nation and any decisions made by the competent court; and

(f) any petitions for the removal from office of the chief or a councillor of a participating First Nation.

(2) The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister prepares it.”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

By unanimous consent, Clause 42 carried by a show of hands: YEAS: 6; NAYS: 5.

By unanimous consent, it was agreed, — That the result of the vote on the previous clause be applied to Clauses 43 and 44 which are therefore also adopted.

The Schedule carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 1, Short Title, carried by a show of hands: YEAS: 6; NAYS: 5.

The Title carried by a show of hands: YEAS: 6; NAYS: 5.

The Bill carried by a show of hands: YEAS: 6; NAYS: 5.

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

At 11:31 a.m., the Committee adjourned to the call of the Chair.

Jean-Marie David
Clerk of the Committee

2013/11/28 11:25 a.m.