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MINUTES OF PROCEEDINGS

Meeting No. 14

Thursday, December 9, 2004

The Standing Committee on Aboriginal Affairs and Northern Development met at 9:08 a.m. this day, in Room 209 West Block, the Chair, Nancy Karetak-Lindell, presiding.

Members of the Committee present: Hon. Sue Barnes, André Bellavance, Jeremy Harrison, Nancy Karetak-Lindell, Gary Lunn, Pat Martin, Jim Prentice, Carol Skelton, David Smith, Lloyd St. Amand and Roger Valley.

Acting Members present: Claude Bachand for Bernard Cleary.

In attendance: Library of Parliament: Marlisa Tiedemann, Analyst . House of Commons: Susan Baldwin, Legislative Clerk ; Jean-François Lafleur, Legislative Clerk.

Witnesses: House of Commons: Hon. Sue Barnes, London West. Department of Indian Affairs and Northern Development : Brenda Kustra, Director General of Governance, Lands and Trust Services - First Nations Governance Directorate; Paul Salembier, General Counsel, Legislative initiatives, Legal Services.

Pursuant to the Order of Reference of Friday, November 19, 2004, the Committee resumed consideration of Bill C-20, An Act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts.

Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.

The Chair calls Clause 2.

On Clause 2,

Sue Barnes moved, — That Bill C-20, in Clause 2, be amended by replacing lines 14 and 15 on page 4 with the following:

the schedule in order to

(a) add or change the name of the band; or

(b) delete the name of the band, as long as there are no amounts owing by the band to the First Nations Finance Authority that remain unpaid.

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

Clause 2, as amended, carried.

Clause 3 carried.

On Clause 4,

Sue Barnes moved, — That Bill C-20, in Clause 4, be amended by replacing lines 21 to 24 on page 4 with the following:

4. The council of a first nation make a law under paragraph 5(1)(d) until the council has made a law respecting the financial administration of the first nation under paragraph 9(1)(a) and that law has been approved by the First Nations Financial Management Board.

Clause 4, as amended, carried.

Clauses 5 to 8 inclusive carried severally.

On Clause 9,

Sue Barnes moved, — That Bill C-20, in Clause 9, be amended by

(a) replacing lines 5 and 6 on page 10 with the following:

(2) A law made under subsection (1) by a borrowing member, including any amendment

(b) replacing lines 10 to 16 on page 10 with the following:

(3) A law made under subsection (1) comes into force on the latest of

(a) the day on which it is made,

(b) the day of coming into force set out in the law, and

(c) in the case of a law or amendment made by a borrowing member, the day after it is approved by the First Nations Financial Management Board.

(a) review a financial administration law submitted to the Board;

Clause 9, as amended, carried.

Clauses 10 to 18 inclusive carried severally.

On Clause 19,

Pat Martin moved, — That Bill C-20, in Clause 19, be amended by adding after line 8 on page 13 the following:

“(1.1) Before an appointment is made under subsection (1), every first nation shall be given an opportunity to make representations to the Minister regarding the appointment and the Minister shall take those representations into account and make them public before making a recommendation to the Governor in Council under subsection (1).”

Debate arose thereon.

The question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Clause 19 carried.

On Clause 20,

Pat Martin moved, — That Bill C-20, in Clause 20, be amended by adding after line 19 on page 13 the following:

“(1.1) Before an appointment is made under subsection (1), every first nation shall be given an opportunity to make representations to the Minister regarding each appointment and the Minister shall take those representations into account and make them public before making a recommendation to the Governor in Council under subsection (1).”

Debate arose thereon.

The question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Pat Martin moved, — That Bill C-20, in Clause 20, be amended by adding after line 28 on page 13 the following:

“(2.1) Before an appointment is made under subsection (2), every first nation shall be given an opportunity to make representations to the Minister regarding each appointment and the Minister shall take those representations into account and make them public before making a recommendation to the Governor in Council under subsection (2).”

Debate arose thereon.

The question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Clause 20 carried.

Clauses 21 to 39 inclusive carried severally.

On Clause 40,

Pat Martin moved, — That Bill C-20, in Clause 40, be amended

(a) by replacing line 30 on page 20 with the following:

“40. (1) On the recommendation of the Minister,”

(b) by adding after line 35 on page 20 the following:

“(2) Before an appointment is made under subsection (1), every first nation shall be given an opportunity to make representations to the Minister regarding the appointment and the Minister shall take those representations into account and make them public before making a recommendation to the Governor in Council under subsection (1).”

Debate arose thereon.

The question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 1; NAYS: 9.

Clause 40 carried.

On Clause 41,

Pat Martin moved, — That Bill C-20, in Clause 41, be amended by adding after line 7 on page 21 the following:

Debate arose thereon.

The question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Clause 41 carried.

Clauses 42 to 83 inclusive carried severally.

On Clause 84,

Sue Barnes moved, — That Bill C-20, in Clause 84, be amended by replacing lines 2 and 3 on page 38 with the following:

shall withhold 5% of the amount of any long-term loan to a borrowing member for financing capital infrastructure for the provision of local services on reserve lands and deposit that amount in

Debate arose thereon.

The question was put on the amendment of Sue Barnes and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

Clause 84, as amended, carried.

Clauses 85 to 94 inclusive carried severally.

On Clause 95,

Pat Martin moved, — That Bill C-20, in Clause 95, be amended

(a) by replacing line 28 on page 42 with the following:

“95. (1) On the recommendation of the Minister,”

(b) by adding after line 31 on page 42 the following:

Debate arose thereon.

The question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 1; NAYS: 9.

Clause 95 carried.

On Clause 96,

Pat Martin moved, — That Bill C-20, in Clause 96, be amended

(a) by replacing line 32 on page 42 with the following:

“96. (1) On the recommendation of the Minister,”

(b) by adding after line 36 on page 42 the following:

“(2) Before an appointment is made under subsection (1), every first nation shall be given an opportunity to make representations to the Minister regarding each appointment and the Minister shall take those representations into account and make them public before making a recommendation to the Governor in Council under subsection (1).”

Debate arose thereon.

The question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 1; NAYS: 9.

Clause 96 carried.

Clauses 97 to 101 inclusive carried severally.

On Clause 102,

Pat Martin moved, — That Bill C-20, in Clause 102, be amended by adding after line 26 on page 43 the following:

Debate arose thereon.

The question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

Clause 102 carried.

Clauses 103 to 105 inclusive carried severally.

On Clause 106,

Sue Barnes moved, — That Bill C-20, in Clause 106, be amended by

(a) replacing line 6 on page 46 with the following:

the Institute and the first nation, other aboriginal group, department,

(b) replacing line 13 on page 46 with the following:

unless the first nation, other aboriginal group, department, agency,

Debate arose thereon.

The question was put on the amendment of Sue Barnes and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

Clause 106, as amended, carried.

Clauses 107 to 144 inclusive carried severally.

On Clause 145,

Sue Barnes moved, — That Bill C-20, in Clause 145, be amended by replacing line 31 on page 60 with the following:

to (7) apply to amendments

Debate arose thereon.

The question was put on the amendment of Sue Barnes and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

Clause 145, as amended, carried.

On Clause 146,

Sue Barnes moved, — That Bill C-20 be amended by deleting Clause 146.

Debate arose thereon.

The Chair ruled the proposed amendment inadmissible because it proposed the deletion of the clause, as provided on page 656 of House of Commons Procedure and Practice.

By unanimous consent, Clause 146 was negatived.

Clauses 147 to 151 inclusive carried severally.

On Clause 152,

On motion of Sue Barnes, it was agreed, — That Bill C-20, in Clause 152, be amended by replacing line 25 on page 62 with the following:

law of a band made under those Acts, and

Clause 152, as amended, carried.

Clause 153 carried.

On Clause 153.1,

Sue Barnes moved, — That Bill C-20 be amended by adding after line 5 on page 63 the following new clause:

Westbank First Nation Self-Government Act

“153.1 The Westbank First Nation Self-Government Act is amended by adding the following after section 8:

8.1 Notwithstanding any provision of this Act or the Agreement, for the purpose of enabling the Westbank First Nation to benefit from the provisions of the First Nations Fiscal and Statistical Management Act or obtain the services of any body established under that Act, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations

(a) adapting any provision of that Act or of any regulation made under that Act; and

(b) restricting the application of any provision of that Act or of any regulation made under that Act.

Debate arose thereon.

The question was put on the amendment of Sue Barnes and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

Clause 153.1 carried.

Clauses 154 and 155 carried severally.

The Short Title carried.

Schedule 1 carried.

The Preamble carried.

The Title carried.

The witnesses made statements and answered questions.

The Bill , as amended, carried.

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

ORDERED, — That Bill C-20, as amended, be reprinted for the use of the House at report stage.

At 9:56 a.m., the Committee adjourned to the call of the Chair.

Jean-Philippe Brochu
Clerk of the Committee

2005/02/02 9:10 a.m.