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CHPC Committee Report

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In accordance with its Order of Reference of Wednesday, June 6, 2018, your Committee has considered Bill C-391, An Act respecting a national strategy for the repatriation of Aboriginal cultural property, and agreed on Thursday, November 1, 2018, to report it with the following amendments:

Title

That Bill C-391 be amended by replacing the long title on page 1 with the following:

“An Act respecting a national strategy for the repatriation of Indigenous human remains and cultural property”

Short Title

That Bill C-391, in the short title, be amended by replacing line 4 on page 1 with the following:

“1 This Act may be cited as the Indigenous Human Remains and Cultural Prop-

Clause 2

That Bill C-391, in Clause 2, be amended by replacing lines 6 to 11 on page 1 with the following:

“2 In this Act, Minister means the Minister of Canadian Heritage.”

Clause 3

That Bill C-391, in Clause 3, be amended by replacing line 14 on page 1 with the following:

“the provinces and territories, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, including Article 31 of that text, must develop and implement a compre-”

That Bill C-391, in Clause 3, be amended

(a) by replacing lines 16 to 18 on page 1 with the following:

“turn of Indigenous human remains and cultural property, wherever situated, to the Indigenous peoples of Canada. The strategy must include measures that seek to”

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

“acquire or reacquire Indigenous human remains or cultural property;”

(c) by replacing lines 3 to 5 on page 2 with the following:

“(b) encourage owners, custodians or trustees of Indigenous human remains or cultural property to return such material to Indigenous peoples and support them in the process;”

(d) by replacing lines 6 to 8 on page 2 with the following:

“(c) support the recognition that preservation of Indigenous human remains and cultural property and of access to that material for educational and ceremonial purposes are principles”

(e) by replacing lines 12 and 13 on page 2 with the following:

“evidence in relation to the repatriation of Indigenous human remains and cultural property; and”

(f) by replacing lines 14 to 17 on page 2 with the following:

“(e) resolve any conflicting claims to Indigenous human remains or cultural property, whether within or between Indigenous communities or organizations, in a manner that is respectful of Indigenous traditional processes and forms of ownership and that allows claimants to be self-represented.”

Clause 4

That Bill C-391, in Clause 4, be amended by replacing line 18 on page 2 with the following:

“4 (1) Within three years after the day on which this Act”

Clause 5

That Bill C-391, in Clause 5, be amended by replacing lines 32 to 36 on page 2 with the following:

“must include the Minister’s conclusions and recommendations regarding the strategy and any outcomes that result from its implementation and it may include appropriate information on repatriated Indigenous human remains and cultural property and any repatriation efforts currently under way.”

Your Committee has ordered a reprint of Bill C-391, 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. 118, 122, 125, 126 and 128) is tabled.