AANR Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 76

Monday, May 26, 2003

The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met at 9:10 a.m. this day, in Room 371, West Block, the Chair, Raymond Bonin, presiding.

Members of the Committee present: Gérard Binet, Raymond Bonin, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Yvan Loubier, Pat Martin, Julian Reed, Benoît Serré, Maurice Vellacott.

Acting Members present: Mac Harb for Anita Neville, Gerald Keddy for Inky Mark, Judi Longfield for Benoît Serré.

In attendance: From the Committees Branch: Jeffrey LeBlanc, Legislative Clerk. From the Library of Parliament: Mary Hurley, Analyst.

Witnesses: From the Department of Indian Affairs and Northern Development: Warren Johnson, Assistant Deputy Minister, Lands and Trust Services; Paul Salembier, Senior Counsel.

Pursuant to its Order of Reference of Monday, October 7, 2002, the Committee resumed consideration of Bill C-7, An Act respecting leadership selection, administration and accountability of Indian bands, and to make related amendments to other Acts (See Minutes of Proceedings, Monday, January 27, 2003, Meeting No. 14).

The Committee resumed Clause-by-Clause consideration of the Bill.

On new Clause 35.1,

Maurice Vellacott moved, --

That Bill C-7 be amended by adding after line 31 on page 19 the following new clause:

“Access to Information Act

35.1 The Access to Information Act applies in respect of all documents produced by the council of a band.”

After debate, Pat Martin moved – That the amendment be further amended by adding the following:

 “or commissioned by”.

Debate arose thereon.

After debate, the question being put on the sub-amendment, it was negatived on the following recorded division:

YEAS: Maurice Vellacott, Yvan Loubier, Pat Martin (3)

NAYS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Mac Harb, Julian Reed, Benoît Serré, Gerald Keddy (9)

Debate resumed on the amendment.

After debate, Yvan Loubier moved – That the amendment be further amended by adding the following:

“except in the case of a band that has passed its own access to information law or in a specific case that could compromise federal aboriginal affairs”

Debate arose thereon.

After debate, the question being put on the sub-amendment, it was negatived on the following recorded division:

YEAS: Maurice Vellacott, Yvan Loubier, Pat Martin (3)

NAYS: Gérard Binet, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Mac Harb, Julian Reed, Judi Longfield (7)

Debate resumed on the amendment.

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS: Maurice Vellacott (1)

NAYS: Gérard Binet, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Mac Harb, Julian Reed, Judi Longfield, Yvan Loubier, Pat Martin (9)

On Clause 36,

Maurice Vellacott moved, --

That Bill C-7, in Clause 36, be amended by replacing line 33 on page 19 with the following:

“not apply to a band until three years after the”

Debate arose thereon.

After debate, the question being put on the amendment, it was agreed to on the following recorded division:

YEAS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Julian Reed, Judi Longfield, Yvan Loubier, Pat Martin (9)

NAYS: (0)

Debate arose on the motion, “Shall Clause 36, as amended, carry?”

Following debate, the question being put on the motion, it was agreed to on the following recorded division:

YEAS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Julian Reed, Judi Longfield (7)

NAYS: Yvan Loubier, Pat Martin (2)

Accordingly, Clause 36, as amended, carried.

On New Clause 36.1

Charles Hubbard moved, -- That Bill C-7 be amended by adding after line 38 on page 19 the following:

Deemed repeal of orders

36.1 (1) An order made under subsection 74(1) of the Indian Act in respect of a band is deemed to be repealed on the earliest of

(a) the adoption by the band of a leadership selection code,

(b) the adoption by the band, pursuant to section 36, of regulations made under section 32 providing for the matters with respect to which a code may be adopted under subsection 5(1), and

(c) two years after the coming into force of section 4.

Election appeals

(2) Regulations made under section 76 of the Indian Act in respect of election appeals do not apply - and the Governor in Council's powers under section 79 of that Act may not be exercised - before the coming into force of section 52, to a band that adopts a code under section 5 or that adopts regulations referred to in paragraph (1)(b).

Election appeals

(3) Regulations made under section 76 of the Indian Act in respect of election appeals continue to apply - and the Governor in Council's powers under section 79 of that Act may continue to be exercised - after the coming into force of section 52, in respect of elections held before the coming into force of that section.

On motion of Charles Hubbard, it was agreed, by a show of hands, that the amendment be allowed to stand.

YEAS: 7

NAYS: 2

On Clause 37,

Charles Hubbard moved, -- That Bill C-7, in Clause 37, be amended by replacing lines 2 and 3 on page 20 with the following:

section 81, any of paragraphs 83(1)(a.1) to (d) or section 85.1 of the Indian Act, that is in force immediately before the coming into force of sections 53 and 54 of this Act,

On motion of Charles Hubbard, it was agreed, by a show of hands, that the amendment be allowed to stand.

YEAS: 7

NAYS: 2

Yvan Loubier moved, --

That Bill C-7, in Clause 37, be amended by replacing line 8 on page 20 with the following:

“(2) Within two years after the coming”

Debate arose thereon.

After debate, Pat Martin moved – That the amendment be amended by replacing the word “two” with “ten”

Debate arose thereon.

After debate, the question being put on the sub-amendment, it was negatived on the following recorded division:

YEAS: Yvan Loubier, Pat Martin (2)

NAYS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Julian Reed, Judi Longfield (7)

Debate resumed on the amendment.

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS: Yvan Loubier, Pat Martin (2)

NAYS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Julian Reed, Judi Longfield (7)

Yvan Loubier moved, --

That Bill C-7, in Clause 37, be amended by replacing lines 11 and 12 on page 20 with the following:

“(1) in its band registry.”

Debate arose thereon.

After debate, Pat Martin moved – That the amendment be further amended, in section 37(2), line 9, by replacing the word “shall” with “may”.

The Chairman ruled the proposed sub-amendment out of order on the grounds that the sub-amendment refers to lines not referred to in the amendment.

Debate resumed on the amendment.

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS: Yvan Loubier, Pat Martin (2)

NAYS: Gérard Binet, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Julian Reed, Judi Lonfield, Maurice Vellacott (7)

Charles Hubbard moved, -- That Bill C-7, in Clause 37, be amended by adding after line 12 on page 20 the following:

Cessation of certain by-laws

(3) A by-law made by the council of a band under section 83 of the Indian Act in respect of financial administration ceases to have effect on the earliest of

(a) the adoption by the band of a financial management and accountability code,

(b) the adoption by the band, pursuant to section 36, of regulations made under section 32 providing for the matters with respect to which such a code may be adopted, and

(c) two years after the coming into force of section 4.

On motion of Charles Hubbard, it was agreed, by a show of hands, that the amendment be allowed to stand.

YEAS: 3

NAYS: 2

Clause 37 was allowed to stand.

On Clause 38,

Debate arose on the motion, “Shall Clause 38 carry?”

After debate, the question being put on the motion, it was agreed to on division.

Accordingly, Clause 38 carried.

On Clause 39,

Debate arose on the motion “Shall Clause 39 carry?”

After debate, the question being put on the motion, it was agreed to on division.

Accordingly, Clause 39 carried.

Clause 40 was allowed to stand.

On new Clause 40.1,

Charles Hubbard moved, -- That Bill C-7 be amended by adding, before the heading "Canadian Human Rights Act" preceding line 1 on page 21, the following:

1984, c. 2

British Columbia Indian Cut-off Lands Settlement Act

40.1 The definition "council of the band" in section 2 of the British Columbia Indian Cut-off Lands Settlement Act is replaced by the following:

"council"
« conseil »

"council", in relation to a band, has the same meaning as in the First Nations Governance Act;

1997, c. 26

Budget Implementation Act, 1997

40.2 The definition "council" in section 35 of the Budget Implementation Act, 1997 is replaced by the following:

"council"
« conseil »

"council", in relation to the Cowichan Tribes, has the same meaning as in the First Nations Governance Act.

2000, c. 14

Budget Implementation Act, 2000

40.3 The definition "council of a band" in subsection 23(1) of the Budget Implementation Act, 2000 is replaced by the following:

"council"
« conseil »

"council", in relation to a band, has the same meaning as in the First Nations Governance Act.

1992, c. 37

Canadian Environmental Assessment Act

1998, c. 15, subpar. (b)(i)

40.4 The portion of the definition "federal authority" in subsection 2(1) of the Canadian Environmental Assessment Act is replaced by the following:

but does not include the Executive Council of - or a minister, department, agency or body of the government of - Yukon, the Northwest Territories or Nunavut, the council of a band within the meaning of the First Nations Governance Act, The Hamilton Harbour Commissioners constituted pursuant to The Hamilton Harbour Commissioners' Act, The Toronto Harbour Commissioners constituted pursuant to The Toronto Harbour Commissioners' Act, 1911, a harbour commission established pursuant to the Harbour Commissions Act, a Crown corporation within the meaning of the Financial Administration Act, a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act or a port authority established under that Act;

On motion of Charles Hubbard, it was agreed, by a show of hands, that the amendment be allowed to stand.

YEAS: 7

NAYS: 2

At 2:10 p.m., the Committee adjourned to the call of the Chair.

Elizabeth B. Kingston

Clerk of the Committee