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MINUTES OF PROCEEDINGS

Meeting No. 31

Wednesday, May 27, 1998

The Standing Committee on Aboriginal Affairs and Northern Development met at 4:00 o’clock p.m., this day, in room 705, La Promenade, the Chair, Guy Saint-Julien, presiding.

Members of the Committee present: Claude Bachand, Gordon Earle, John Finlay, Nancy Karetak-Lindell, Gerald Keddy, Derrek Konrad, Judi Longfield, Bernard Patry, Guy Saint-Julien and Bryon Wilfert.

Acting Members present: Carmen Provenzano for David Iftody.

In attendance: From the Research Branch of the Library of Parliament: Jill Wherrett, Research Officer. From the Committees and Legislative Services Directorate of the House of Commons: Paulette Nadeau and Suzanne Verville, Legislative Clerks.

Witnesses: Department of Indian and Northern Affairs Canada: Joe McNeil, Advisor, Intergovernmental Affairs, Atlantic Region; Allan Cracower, Legal Advisor.

The Committee resumed consideration of Bill C-30, An Act respecting the powers of the Mi’kmaq of Nova Scotia in relation to education. (See Minutes of Proceedings of Tuesday, May 26, 1998, Meeting No. 30)

The Committee commenced Clause by Clause consideration of the Bill.

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

The witnesses answered questions.

Clauses 2 to 5 carried severally.

On Clause 6.

Gerald Keddy moved, --That Bill C-30, in Clause 6, be amended by replacing line 18 on page 2 with the following:

" (2) A community may, in a fair and impartial manner, make laws in relation"

After debate, by unanimous consent, the amendment was withdrawn.

Derrek Konrad moved, --That Bill C-30, in Clause 6, be amended by replacing lines 18 to 23 on page 2 with the following:

" (2) A community may make laws in relation to the administration and expenditure of community funds in support of post-secondary education, for members of the community wherever resident."

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

Gerald Keddy moved, --That Bill C-30, in Clause 6, be amended by adding after line 23 on page 2 the following:

" (3) In this section "post-secondary education" means a university, college, technical school or trade school education."

After debate, by unanimous consent, the amendment was withdrawn.

Gerald Keddy moved, That Bill C-30, in Clause 6, be amended by adding after line 23 on page 2 the following:

" (3) Notwithstanding subsection (2), a community shall not expend community funds in support of post-secondary education for a member of the community referred to in that subsection unless it has first provided to every member of the community who has requested it, a list of every member of the community requesting financial assistance for such education."

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

Gerald Keddy moved, --That Bill C-30, in Clause 6, be amended by adding after line 23 on page 2 the following:

" (3) After the community has decided upon how it proposes to allocate funds authorized to be expended under this section, the community shall provide to any member of the community who requests it, a list indicating how the community proposes to allocate those funds."

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

Gerald Keddy moved, --That Bill C-30, in Clause 6, be amended by adding after line 23 on page 2 the following:

" (3) Where a member of a community referred to in subsection (2) has requested financial assistance for a post-secondary education, neither the community nor the community education board shall attempt to influence or to interfere with the member’s choice of educational institution that will provide that education by granting or refusing to grant such assistance, or by doing any other thing with a view to influencing or interfering with that choice."

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

Clause 6 carried

Clauses 7 to 9 carried severally.

On Clause 10.

Derrek Konrad moved, --That Bill C-30, in Clause 10, be amended by replacing lines 30 to 35 on page 3 with the following:

"(2) A person duly elected by each community in accordance with the laws of the community is a member of the corporation and such persons together constitute its board of directors, and the board may provide, by by-law or otherwise, for the management and conduct of the affairs of the corporation."

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

Gerald Keddy moved, --That Bill C-30, in Clause 10, be amended by replacing lines 30 and 31, on page 3 with the following:

" (2) The members of the corporation shall consist of an elected member from each community, who may be the chief of that community. The members together"

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

Gerald Keddy moved, --That Bill C-30, in Clause 10, be amended by replacing line 30 on page 3 with the following:

" (2) the Chiefs of all the communities are the"

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

Clause 10 carried.

Clauses 11 to 13 carried severally.

The Schedule carried.

Clause 1 carried.

The Title carried.

The Bill carried, on division.

It was agreed, on division, --That the Chair report the Bill to the House on Monday, June 1, 1998.

At 5:06 o’clock p.m., the Committee adjourned to the call of the Chair.

Christine Fisher

Clerk of the Committee