AANR Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 77

Monday, May 26, 2003

The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met at 3:25 p.m. this day, in Room 237-C, Centre Block, the Chair, Raymond Bonin, presiding.

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

Acting Members present: André Harvey for John Godfrey, Joe Clark for Inky Mark, Sue Barnes for Julian Reed, Judi Longfield for Benoît Serré, Jocelyne Girard-Bujold for Serge Cardin, Deepak Obhrai for Brian Pallister, Reed Elley for Dave Chatters, Murray Calder for Anita Neville, Gerald Keddy for Inky Mark, John O’Reilley for Julian Reed, Alan Tonks for John Godfrey, Marcel Proulx for Nancy Karetak-Lindell, Francine Lalonde for Serge Cardin, Roy Cullen for Stan Dromisky, Rodger Cuzner for Benoît Serré, Joe Comartin for Pat Martin, Réal Ménard for Serge Cardin, Shawn Murphy for Nancy Karetak-Lindell, Paul Szabo for Julian Reed, Brent St-Denis for Stan Dromisky, Derek Lee for John Godfrey, Lawrence MacAulay for Benoît Serré, John Bryden for Anita Neville, Serge Marcil for Gérard Binet, Brent St-Denis for Nancy Karetak-Lindell, Sue Barnes for Benoît Serré, John Bryden for Nancy Karetak-Lindell, Serge Marcil for John Godfrey, Karen Redman for John Godfrey, André Harvey for Nancy Karetak-Lindell, Paul Crête for Serge Cardin, André Harvey for Julian Reed.

In attendance: From the Committees Branch: Michael Lukyniuk, Joann Garbig, Jeffrey LeBlanc and Jean-Michel Roy, Legislative Clerks; Jean-François Pagé, Bill Farrell and Bibiane Ouellette, Committee Clerks. From the Library of Parliament: Jean-Luc Bourdages, Mary Hurley and Tonina Simeone, Analysts.

Witnesses: From the Department of Indian Affairs and Northern Development: Warren Johnson, Assistant Deputy Minister, Lands and Trust Services; Paul Salembier, Senior Counsel; Bill Pentney, Senior General Counsel, Public Law Policy Section, Policy Sector, Justice Canada; Dave Boileau, Senior Advisor, First Nations Governance; Karl Jacques, Counsel, Justice Canada; Natalie Nepton, Acting Director, Band Governance and Estates, Lands and Trust Services.

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 Clause 41

Maurice Vellacott moved, --

That Bill C-7, in Clause 41, be amended by replacing lines 6 to 9 on page 21 with the following:

“organization, the interests of the aboriginal community affected by the complaint, to the extent consistent with the principles of fundamental equality, shall be taken into account”

At 3:26 p.m., the sitting was suspended for lack of quorum.

At 3:30 p.m., the sitting resumed.

Debate resumed on the amendment.

At 3:43 p.m., the sitting was suspended.

At 3:47 p.m., the sitting resumed.

At 3:51 p.m., the sitting was suspended.

At 3:54 p.m., the sitting resumed.

On a point of order, Joe Clark stated that the Minister of Indian Affairs and Northern Development had invited the Member for Lasalle-Emard to submit amendments to Bill C-7.

The Chairman stated that the Committee, being the master of its own proceedings, had decided that no more amendments at Committee stage would be received (see Minutes of Proceedings from Wednesday, April 2, 2003, Meeting No. 59) following the deadline of Friday, April 4, 2003 at 5:00 p.m.

Amendments may only be submitted at Report Stage and selected by the Speaker for debate.

The Chair therefore ruled that the Honourable Member’s remarks did not constitute a point of order.

And the question being put, “Shall the decision of the Chair be sustained?” it was sustained by recorded division:

YEAS: Gérard Binet, Stan Dromisky, André Harvey, Charles Hubbard, Nancy Karetak-Lindell, Sue Barnes, Benoît Serré (7)

NAYS: Yvan  Loubier, Pat Martin, Joe Clark (3)

At 4:01 p.m., the sitting was suspended.

At 4:03 p.m., the sitting resumed.

At 4:04 p.m., the sitting was suspended.

At 4:12 p.m., the sitting resumed.

At 4:14 p.m., the sitting was suspended.

At 4:40 p.m., the sitting resumed.

At 4:43 p.m., the sitting was suspended.

At 4:48 p.m., the sitting resumed.

On a point of order, Pat Martin stated that there should be an end time for the agenda.

The Chair ruled that the Honourable Member’s remarks did not constitute a point of order.

At 4:50 p.m., the sitting was suspended.

At 4:56 p.m., the sitting resumed.

On a point of order, Pat Martin stated that the proceedings should have been televised.

The Chair ruled that the Honourable Member’s remarks did not constitute a point of order.

At 4:57 p.m., the sitting was suspended.

At 4:58 p.m., the sitting resumed.

On a point of order, Joe Clark stated that he wanted to circulate correspondence to Committee Members.

The Chair stated that the Honourable Member should submit the correspondence to the Clerk for distribution from her office.

At 5:00 p.m., the sitting was suspended.

At 5:05 p.m., the sitting resumed.

At 5:07 p.m., the sitting was suspended.

At 5:14 p.m., the sitting resumed.

Debate resumed on the amendment of Maurice Vellacott –- That Bill C-7, in Clause 41, be amended by replacing lines 6 to 9 on page 21 with the following: organization, the interests of the aboriginal community affected by the complaint, to the extent consistent with the principles of fundamental equality, shall be taken into account”.

Yvan Loubier moved – That the Committee now adjourn.

The question being put on the motion, it was negatived by a show of hands:

YEAS: 5

NAYS: 8

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, Stan Dromisky, André Harvey, Charles Hubbard, Nancy Karetak-Lindell, Murray Calder, Sue Barnes, Judi Longfield, Jocelyne Girard-Bujold, Yvan Loubier, Pat Martin, Gérald Keddy (12)

 At 5:59 p.m., the sitting was suspended.

At 6:00 p.m., the sitting resumed.

Debate resumed on the motion, “Shall Clause 41 carry?”

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

YEAS: Gérard Binet, Charles Hubbard, Anita Neville, Sue Barnes, Judi Longfield (6)

NAYS: Yvan Loubier (1)

Accordingly, Clause 41 carried.

On new Clause 42.1

Charles Hubbard moved, -- That Bill C-7 be amended by adding after line 12 on page 21 the following:

2002, c. 3

Claim Settlements (Alberta and Saskatchewan) Implementation Act

42.1 The definition "council of the first nation" in section 2 of the Claim Settlements (Alberta and Saskatchewan) Implementation Act is replaced by the following:

"council"
" conseil "

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

R.S., c. F-8; 1995, c. 17, s. 45(1)

Federal-Provincial Fiscal Arrangements Act

1998, c. 21, s. 76(2)

42.2 The definition "aboriginal government" in subsection 2(1) of the Federal-Provincial Fiscal Arrangements Act is replaced by the following:

"aboriginal government"
" gouvernement autochtone "

"aboriginal government" means an Indian, Inuit or Métis government, or the council of a band within the meaning of the First Nations Governance Act;

1999, c. 24

First Nations Land Management Act

42.3 The definition "council" in subsection 2(1) of the First Nations Land Management Act is replaced by the following:

"council"
" conseil "

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

42.4 Subsection 20(4) of the Act is replaced by the following:

Inconsistency

(4) The land code of a first nation prevails over the provisions of a first nation law, or of a law made under any of sections 16 to 18 of the First Nations Governance Act, to the extent of any inconsistency or conflict.

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

On Clause 43,

Yvan Loubier moved, --

That Bill C-7, in Clause 43, be amended by replacing line 19 on page 21 with the following:

“meaning as in the First Nations Administration .”

At 6:44 p.m., the sitting was suspended.

At 6:45 p.m., the sitting resumed.

Pat Martin moved – That the amendment be amended by replacing the word “administration” with the following:

“micro-management”

At 6:56 p.m., the sitting was suspended for lack of quorum.

At 7:02 p.m., the sitting resumed.

Debate resumed on the sub-amendment.

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

YEAS: Jocelyne Girard-Bujold, Yvan Loubier, Pat Martin (3)

NAYS: Gérard Binet, Stan Dromisky, Alan Tonks, Charles Hubbard, Marcel Proulx, Anita Neville, 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: Jocelyne Girard-Bujold, Yvan Loubier, Pat Martin (3)

NAYS: Gérard Binet, Stan Dromisky, Alan Tonks, Charles Hubbard, Marcel Proulx, Anita Neville, John O’Reilley, Judi Longfield (8)

Clause 43 carried on division.

On Clause 44,

Charles Hubbard moved, -- That Bill C-7, in Clause 44, be amended by replacing lines 2 to 4 on page 22 with the following:

following provisions is deemed to include a reference to any person whose name is entered in a Band List or who is entitled to

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

Clause 45 carried on division.

Clause 46 carried on division.

Clause 47 carried on division.

On Clause 48,

Debate arose on the motion, “Shall Clause 48 carry?”

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

YEAS: Gérard Binet, Roy Cullen, Alan Tonks, Charles Hubbard, Marcel Proulx, Anita Neville, John O’Reilly, Judi Longfield (8)

NAYS: Francine Lalonde, Yvan Loubier, Pat Martin (3)

Accordingly, Clause 48 carried.

Clause 49 carried on division.

Clause 50 carried on division.

Clause 51 carried on division.

Clause 52, carried on division.

Clause 53, carried on division.

Clause 54, carried on division.

Réal Ménard moved – That the Committee do now adjourn.

The question being put on the motion, it was negatived.

On Clause 55,

Debate arose on the motion, “Shall Clause 55 carry?”

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

Accordingly, Clause 55 carried.

On Clause 56,

Debate arose on the motion, “Shall Clause 56 carry?”

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

Accordingly, Clause 56 carried.

On Clause 57,

Pat Martin moved,--

That Bill C-7 be amended by adding after line 7 on page 24 the following new clause:

“56.1 Subsection 89(1) of the Act is replaced by the following:

89. (1) Subject to this Act, the real property and immovables of an Indian or a band situated on a reserve are not subject to charge, pledge, mortgage, hypothec, attachment, levy, seizure, distress or execution in favour or at the instance of any person other than an Indian or a band.”

At 1:35 a.m., Brent St-Denis took the Chair.

At 1:38 a.m., Raymond Bonin took the Chair.

Debate arose thereon.

Yvan Loubier moved – That the amendment be amended by adding after the words “subject to this Act” the following:

“or any law that may be made by the council of a band”

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

YEAS: Réal Ménard, Yvan Loubier, Pat Martin (3)

NAYS: Serge Marcil, Brent St-Denis, Derek Lee, Charles Hubbard, Shawn Murphy, John Bryden, Paul Szabo, Lawrence MacAulay (8)

Debate resumed on the amendment.

Debate arose thereon.

Réal Ménard moved – That the amendment be amended by replacing the words “an Indian” with the following:

“a First Nations individual”

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

YEAS: Réal Ménard, Yvan Loubier, Pat Martin (3)

NAYS: Serge Marcil, Brent St-Denis, Derek Lee, Charles Hubbard, Shawn Murphy, John Bryden, Paul Szabo, Lawrence MacAulay (8)

Debate resumed on the amendment.

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

YEAS: (0)

NAYS: Serge Marcil, Brent St-Denis, Derek Lee, Charles Hubbard, Shawn Murphy, John Bryden, Paul Szabo, Lawrence MacAulay, Réal Ménard, Yvan Loubier, Pat Martin (11)

Charles Hubbard moved, -- That Bill C-7, in Clause 57, be amended by replacing line 8 on page 24 with the following:

57. Section 92 of the Act is

Debate arose thereon.

Pat Martin moved – That the amendment be amended by adding, after “Section 92” the following:

“(2) (3) (4)”

At 3:50 a.m., Paul Szabo took the Chair.

At 3:54 a.m., Raymond Bonin took the Chair.

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: Serge Marcil, Brent St-Denis, Derek Lee, Charles Hubbard, Shawn Murphy, John Bryden, Paul Szabo, Lawrence MacAulay (8)

Debate resumed on the amendment.

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

YEAS: Serge Marcil, Brent St-Denis, Derek Lee, Charles Hubbard, Shawn Murphy, John Bryden, Paul Szabo, Lawrence MacAulay (8)

NAYS: Yvan Loubier, Pat Martin (2)

Debate resumed on the motion, “Shall Clause 57, as amended, carry?”

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

Accordingly, Clause 57, as amended, carried.

On Clause 58,

Charles Hubbard moved, -- That Bill C-7, in Clause 58, be amended by replacing lines 15 and 16 on page 24 with the following:

under section 90 or 93 has been committed may seize any goods and chattels by means of which or in

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

YEAS: Serge Marcil, Brent St-Denis, Derek Lee, Charles Hubbard, Shawn Murphy, John Bryden, Paul Szabo, Lawrence MacAulay (8)

NAYS: Yvan Loubier, Pat Martin (2)

Debate resumed on the motion, “Shall Clause 58, as amended, carry?”

The question being put on the motion, it was carried on division.

Accordingly, Clause 58, as amended, carried.

On New Clause 58.1,

Charles Hubbard moved, -- That Bill C-7 be amended by adding after line 19 on page 24 the following:

2000, c. 33

Manitoba Claim Settlements Implementation Act

58.1 The definition "council of the first nation" in section 8 of the Manitoba Claim Settlements Implementation Act is replaced by the following:

"council"
" conseil "

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

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

YEAS: Serge Marcil, Brent St-Denis, Derek Lee, Charles Hubbard, Shawn Murphy, John Bryden, Paul Szabo, Lawrence MacAulay (8)

NAYS: Yvan Loubier, Pat Martin (2)

On Clause 59,

Charles Hubbard moved, -- That Bill C-7, in Clause 59, be amended by replacing lines 20 to 29 on page 24 with the following:

Orders of Governor in Council

59. (1) The provisions of this Act, other than subsections 43(2) and (4) and sections 44 and 52, come into force on a day or days to be fixed by order of the Governor in Council.

Certain provisions deferred

(2) Subsections 43(2) and (4) and sections 44 and 52 come into force on the day that is two years after the day fixed by the Governor in Council for the coming into force of section 4.

Debate arose thereon.

Derek Lee moved – That the amendment be amended by replacing the words “two years” by the following:

“three years”

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

YEAS: Serge Marcil, Stan Dromisky, Derek Lee, Charles Hubbard, Brent St-Denis, John Bryden, Paul Szabo, Lawrence MacAulay, Pat Martin (9)

NAYS: Yvan Loubier (1)

At 5:25 a.m., Serge Marcil took the Chair.

At 5:31 a.m., Raymond Bonin took the Chair.

Debate resumed on the amendment as amended.

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

YEAS: Serge Marcil, Stan Dromisky, Brent St-Denis, Derek Lee, Charles Hubbard, John Bryden, Paul Szabo, Lawrence MacAulay (8)

NAYS: Yvan Loubier, Pat Martin (2)

Debate resumed on the motion, “Shall Clause 59, as amended, carry?”

The question being put on the motion, it was agreed to.

Accordingly, Clause 59, as amended, carried.

On Clause 2,

Yvan Loubier moved, --

That Bill C-7, in Clause 2, be amended by striking “trust“ from line 14 and replacing line 32 on page 2 with “the age of majority as determined by First Nations custom”.

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, Karen Redman, Charles Hubbard, André Harvey, Anita Neville, Julian Reed, Sue Barnes (8)

Charles Hubbard moved, -- That Bill C-7, in Clause 2, be amended by replacing line 25 on page 2 with the following:

“chief and other members of the council selected by election or custom in”

After debate, the question being put on the amendment, it was carried on division.

Pat Martin moved, -- That Bill C-7, in Clause 2, be amended by replacing line 32 on page 2 with the following:

“eighteen years or the age determined by individual First Nation’s existing custom”

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, Karen Redman, Charles Hubbard, André Harvey, Anita Neville, Julian Reed, Sue Barnes (8)

Charles Hubbard moved, -- That Bill C-7, in Clause 2, be amended by

(a) adding after line 37 on page 2 the following:

"inspection"
" inspection "

"inspection" means entry into a place that is subject to regulation under a band law made for the regulation of an activity on a reserve, and examination of the place or any thing in it, for the purpose of verifying compliance with a band law, that is conducted during normal business hours and

(a) at intervals specified in the band law; or

(b) after the giving of reasonable notice to the person appearing to be in charge of the place.

(b) adding after line 39 on page 2 the following:

"place"
" lieu "

"place", in relation to an inspection or search, includes a vehicle or vessel.

"search"
" perquisition "

"search" means entry into a place, and examination of the place or any thing in it, for the purpose of enforcing a band law, excluding an inspection.

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

YEAS: Gérard Binet, Stan Dromisky, Karen Redman, Charles Hubbard, André Harvey, Anita Neville, Julian Reed, Sue Barnes (8)

NAYS: Yvan Loubier, Pat Martin (2)

On motion of Charles Hubbard, it was agreed that Clause 2, as amended, carry.

Accordingly, Clause 2, as amended, carried on division.

On New Clause 36.1,

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

“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.

 (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).

 (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.”

Debate arose thereon.

After debate, Stan Dromisky moved – That the amendment be amended by replacing, in section 36.1(1)(c), the word “two” with “three”

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

YEAS: Gérard Binet, Stan Dromisky, Karen Redman, Charles Hubbard, André Harvey, Anita Neville, Julian Reed, Sue Barnes (8)

NAYS: Yvan Loubier, Pat Martin (2)

At 6:50 a.m., Gérard Binet took the Chair.

At 6:53 a.m., Raymond Bonin took the Chair.

Debate resumed on the amendment.

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

YEAS: Gérard Binet, Stan Dromisky, Karen Redman, Charles Hubbard, André Harvey, Anita Neville, Julian Reed, Sue Barnes (8)

NAYS: Yvan Loubier, Pat Martin (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,”

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

YEAS: Gérard Binet, Stan Dromisky, Karen Redman, Charles Hubbard, André Harvey, Anita Neville, Julian Reed, Sue Barnes (8)

NAYS: Yvan Loubier (1)

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

“ (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.”

Charles Hubbard moved – That the amendment be amended by replacing the word “two” with the following:

 “three”

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

YEAS: Gérard Binet, Stan Dromisky, Karen Redman, Charles Hubbard, Anita Neville, Julian Reed, Sue Barnes (7)

NAYS: Paul Crête, Pat Martin (2)

Debate resumed on the amendment.

After debate, the question being put on the amendment, as amended, it was agreed to on division.

Debate arose on the motion, “Shall Clause 37, as amended, carry?”

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

Accordingly, Clause 37, as amended, carried.

On new Clauses 40.1 to 40.4,

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:

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;

 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.

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.

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;

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

YEAS: Gérard Binet, Stan Dromisky, Karen Redman, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, André Harvey, Sue Barnes (8)

NAYS: Paul Crête, Pat Martin (2)

Debate arose on the motion, “Shall Clause 40 carry?”

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

Accordingly, Clause 40 carried.

Debate arose on the motion, “Shall Clause 42 carry?”

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

Accordingly, Clause 42 carried.

On new Clauses 42.1 to 42.4,

Charles Hubbard moved, -- That Bill C-7 be amended by adding after line 12 on page 21 the following:

42.1 The definition "council of the first nation" in section 2 of the Claim Settlements (Alberta and Saskatchewan) Implementation Act is replaced by the following:

"council"
" conseil "

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

 42.2 The definition "aboriginal government" in subsection 2(1) of the Federal-Provincial Fiscal Arrangements Act is replaced by the following:

"aboriginal government"
" gouvernement autochtone "

"aboriginal government" means an Indian, Inuit or Métis government, or the council of a band within the meaning of the First Nations Governance Act;

42.3 The definition "council" in subsection 2(1) of the First Nations Land Management Act is replaced by the following:

"council"
" conseil "

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

42.4 Subsection 20(4) of the Act is replaced by the following:

 (4) The land code of a first nation prevails over the provisions of a first nation law, or of a law made under any of sections 16 to 18 of the First Nations Governance Act, to the extent of any inconsistency or conflict.

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

YEAS: Gérard Binet, Stan Dromisky, Karen Redman, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, André Harvey, Sue Barnes (8)

NAYS: Pat Martin (1)

On Clause 44,

Charles Hubbard moved, -- That Bill C-7, in Clause 44, be amended by replacing lines 2 to 4 on page 22 with the following:

“following provisions is deemed to include a reference to any person whose name is entered in a Band List or who is entitled to”

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

YEAS: Gérard Binet, Stan Dromisky, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, Sue Barnes, Pat Martin (7)

NAYS: Yvan Loubier (1)

Debate arose on the motion, “Shall Clause 44, as amended, carry?”

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

Accordingly, Clause 44, as amended, carried.

At 8:48 a.m., on Tuesday, May 27, 2003, the Committee adjourned to the call of the Chair.

Elizabeth B. Kingston

Clerk of the Committee