AANO Committee Meeting

Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.

For an advanced search, use Publication Search tool.

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Previous day publication Next day publication

MINUTES OF PROCEEDINGS

Meeting No. 71

Thursday, May 2, 2013

The Standing Committee on Aboriginal Affairs and Northern Development met at 8:45 a.m. this day, in Room 228, La Promenade Building, the Chair, Chris Warkentin, presiding.

Members of the Committee present: Stella Ambler, Hon. Carolyn Bennett, Dennis Bevington, Ray Boughen, Rob Clarke, Jean Crowder, Jonathan Genest-Jourdain, Brent Rathgeber, Hon. Greg Rickford, Kyle Seeback and Chris Warkentin.

Acting Members present: Marc-André Morin for Carol Hughes.

In attendance: Library of Parliament: Tonina Simeone, Analyst ; Norah Kielland, Analyst . House of Commons: Philippe Méla, Legislative Clerk ; David-Andrés Novoa, Legislative Clerk.

Witnesses: First Nations Lands Advisory Board: Robert Louie, Chairman, Chief, Westbank First Nation; Austin Bear, Director, Prairie Region; William McCue, Director, East Region; Leah George-Wilson, Director, British Columbia; Bill Henderson, Senior Legal Advisor.

Pursuant to the Order of Reference of Wednesday, December 5, 2012, the Committee resumed consideration of Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement.

Jean Crowder moved, — That the Committee, pursuant to Standing Order 97.1, recommend that the House of Commons do not proceed further with Bill C-428, an Act to amend the Indian Act (publication of by-laws) and to provide for its replacement.

Debate arose thereon.

The question was put on the motion and it was negatived on the following recorded division:YEAS: Carolyn Bennett, Dennis Bevington, Jean Crowder, Jonathan Genest-Jourdain, Marc-André Morin — 5; NAYS: Stella Ambler, Ray Boughen, Rob Clarke, Brent Rathgeber, Greg Rickford, Kyle Seeback — 6.

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

Chief Robert Louie made a statement and, with Chief Austin Bear, Bill Henderson and Leah George-Wilson, answered questions.

Pursuant to Standing Order 75(1), consideration of the Preamble and Clause 1, Short Title, were postponed.

The Chair called Clause 2.

On Clause 2,

Rob Clarke moved, — That Bill C-428, in Clause 2, be amended by

(a) replacing lines 1 and 2 on page 2 with the following:

“2. Within the first 10 sitting days of the House of Commons in every calendar year, the Minister of Indian Affairs and Northern Development must”

(b) replacing line 6 on page 2 with the following:

“collaboration with First Nations”

After debate, the question was put on the amendment of Rob Clarke and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

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 adopted:

That Bill C-428, in the Preamble, be amended by replacing line 18 on page 1 with the following:

“Nations that have demonstrated”

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

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

Clause 4 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 5 carried by a show of hands: YEAS: 6; NAYS: 4.

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

Clause 7 was negatived by a show of hands: YEAS: 0; NAYS: 11.

Clause 8 carried by a show of hands: YEAS: 11; NAYS: 0.

On Clause 9,

Rob Clarke moved, — That Bill C-428, in Clause 9, be amended by replacing line 4 on page 3 with the following:

9. “Subsection 85.1(3) of the Act is repealed.”

After debate, the question was put on the amendment of Rob Clarke and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

Clause 9, as amended, carried by a show of hands: YEAS: 11; NAYS: 0.

On Clause 10,

Rob Clarke moved, — That Bill C-428, in Clause 10, be amended by

(a) replacing line 7 on page 3 with the following:

“86. (1) The council of a band shall publish”

(b) replacing lines 9 and 10 on page 3 with the following:

“under this Act on an Internet site, in the First Nations Gazette or in a newspaper”

“band, whichever the council considers appropriate in the circumstances.”

(d) replacing lines 14 and 15 on page 3 with the following:

“any person, provide to the person a copy of a by-law made by the council.”

(e) replacing lines 20 and 21 on page 3 with the following:

“provide a copy of the by-law to any person who requests one.”

(f) replacing lines 24 to 27 on page 3 with the following:

“which it is first published under subsection (1) or on any later day specified in the by-law.

(5) A by-law that is published on an Internet site under subsection (1) must remain accessible in that manner for the period during which it is in force.”

After debate, the question was put on the amendment of Rob Clarke and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

Clause 10, as amended, carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 11 carried by a show of hands: YEAS: 11; NAYS: 0.

On Clause 12,

Rob Clarke moved, — That Bill C-428, in Clause 12, be amended by replacing line 34 on page 3 with the following:

“made under subsection 81(1) or 85.1(1) has been contravened”

After debate, the question was put on the amendment of Rob Clarke and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

Clause 12, as amended, carried by a show of hands: YEAS: 6; NAYS: 0.

On Clause 13,

Jean Crowder moved, — That Bill C-428, in Clause 13, be amended by replacing lines 3 to 5 on page 4 with the following:

“(3) Any monetary amount collected as a result of the imposition of a fine under a by-law made by the council of a band under this Act is the property of the band.”

After debate, by unanimous consent, the amendment was withdrawn.

Rob Clarke moved, — That Bill C-428, in Clause 13, be amended

(a) by replacing lines 3 to 5 on page 4 with the following:

“(3) If a fine is imposed under a by-law made by the council of a band under this Act, it belongs to the band and subsections (1) and (2) do not apply.”

The question was put on the amendment of Rob Clarke and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

Clause 13, as amended, carried by a show of hands: YEAS: 11; NAYS: 0.

Clause 14 carried by a show of hands: YEAS: 11; NAYS: 0.

Clause 15 carried by a show of hands: YEAS: 11; NAYS: 0.

Clause 16 carried by a show of hands: YEAS: 11; NAYS: 0.

Clause 17 carried by a show of hands: YEAS: 11; NAYS: 0.

Clause 18 carried by a show of hands: YEAS: 11; NAYS: 0.

Clause 19 carried by a show of hands: YEAS: 11; NAYS: 0.

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

The Preamble, as amended, carried by a show of hands: YEAS: 6; NAYS: 5.

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

The Bill, as amended, carried on the following recorded division: YEAS: Stella Ambler, Ray Boughen, Rob Clarke, Brent Rathgeber, Greg Rickford, Kyle Seeback — 6; NAYS: Carolyn Bennett, Dennis Bevington, Jean Crowder, Jonathan Genest-Jourdain, Marc-André Morin — 5.

ORDERED, — That the Chair report the Bill, as amended, to the House was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

ORDERED, — That Bill C-428, as amended, be reprinted for the use of the House at report stage was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

At 10:45 a.m., the Committee adjourned to the call of the Chair.

Jean-Marie David
Clerk of the Committee

2014-04-16 9:58 a.m.