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INAN Committee Report

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Bill C-53, An Act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan, to give effect to treaties with those governments and to make consequential amendments to other Acts
In accordance with its Order of Reference of Wednesday, June 21, 2023, your committee has considered Bill C-53, An Act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan, to give effect to treaties with those governments and to make consequential amendments to other Acts, and agreed on Monday, February 5, 2024, to report it with the following amendments:
Clause 2
That Bill C-53, in Clause 2, be amended by replacing line 28 on page 2 with the following:
treaty means, except in sections 4.1 and 5, a treaty that is entered”
New Clause 3.1
That Bill C-53 be amended by adding after line 35 on page 2 the following new clause:

“3.1 (1) For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

(2) For the purpose of subsection (1), Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.”

New Clause 4.1
That Bill C-53 be amended by adding before line 17 on page 3 the following new clause:

“4.‍1 (1) If a treaty is entered into by a Métis government and His Majesty in right of Canada, the Minister of Crown-Indigenous Relations must cause to be tabled in each House of Parliament a copy of the treaty on any of the first 10 days on which that House is sitting after the treaty is entered into.

(2) After it is tabled, the treaty stands referred to the standing committee of each House of Parliament that normally considers matters relating to Indigenous peoples.

(3) For the purpose of subsection (2), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.”

Clause 5
That Bill C-53, in Clause 5, be amended by replacing line 21 on page 3 with the following:

“Governor in Council may, by order, no earlier than 30 sitting days after the treaty has been tabled under section 4.‍1,”

Clause 8

That Bill C-53, in Clause 8, be amended

(a) by replacing line 16 on page 4 with the following:

“half of the Métis collectivity, including its citizens, set out in column 2 opposite”

(b) by adding after line 20 on page 4 the following:

“(2) In subsection (1), Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 and, for greater certainty, includes a Métis government.”

New Clause 8.1

That Bill C-53 be amended by adding after line 20 on page 4 the following new clause:

“8.1 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the right to self-determination of a Métis collectivity that has not authorized a Métis government set out in column 1 of the schedule to act on its behalf, including the inherent right of self-government recognized and affirmed by section 35 of the Constitution Act, 1982.”

New Clause 10.1

That Bill C-53 be amended by adding before line 29 on page 4 the following new clause:

“10.1 (1) If a supplementary self-government agreement is entered into by a Métis government and His Majesty in right of Canada, the Minister of Crown-Indigenous Relations must cause to be tabled in each House of Parliament a copy of the agreement on any of the first 10 days on which that House is sitting after the agreement is entered into.

(2) After it is tabled, the agreement stands referred to the standing committee of each House of Parliament that normally considers matters relating to Indigenous peoples.

(3) For the purpose of subsection (2), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.”

Clause 11

That Bill C-53, in Clause 11, be amended by replacing line 3 on page 5 with the following:

“met, the Governor in Council may, by order, no earlier than 30 sitting days after the agreement has been tabled under section 10.1, fix the day”

New Clause 26
That Bill C-53 be amended by adding after line 17 on page 10 the following new clause:
“26 If Bill S-13, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Interpretation Act and to make related amendments to other Acts, receives royal assent, then, on the first day on which both section 1 of that Act and section 3.1 of this Act are in force, that section 3.1 is repealed.”
Your committee has ordered a reprint of Bill C-53, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 79 to 93) is tabled.