CHPC Committee Report

In accordance with its Order of Reference of Wednesday, February 20, 2019, your Committee has considered Bill C-91, An Act respecting Indigenous languages, and agreed on Monday, March 18, 2019, to report it with the following amendments:

Preamble

That Bill C-91, in the preamble, be amended by replacing line 28 on page 1 with the following:

“guages used in the lands that are now in Canada”

That Bill C-91, in the preamble, be amended by replacing line 3 on page 2 with the following:

“assimilation, forced relocation, the Sixties Scoop and residential”

Clause 5

That Bill C-91, in Clause 5, be amended by replacing line 19 on page 4 with the following:

“guages, including Indigenous sign languages;”

That Bill C-91, in Clause 5, be amended by replacing line 23 on page 4 with the following:

“(i) assess the status of distinct Indigenous languages,”

That Bill C-91, in Clause 5, be amended by replacing lines 35 and 36 on page 4 with the following:

“tural activities — including language nest, mentorship and immersion programs — to increase the number of new speakers of Indigenous languages,”

That Bill C-91, in Clause 5, be amended

(a) by replacing line 11 on page 5 with the following:

“(e) facilitate cooperation with provincial and territorial govern-”

(b) by replacing line 19 on page 5 with the following:

“(g) contribute to the implementation of the”

That Bill C-91, in Clause 5, be amended by replacing lines 14 to 16 on page 5 with the following:

“entities in a manner consistent with the rights of Indigenous peoples and the powers and jurisdictions of Indigenous governing bodies and of the provinces and territories;”

That Bill C-91, in Clause 5, be amended by adding after line 16 on page 5 the following:

“(e.1) facilitate meaningful opportunities for Indigenous governments and other Indigenous governing bodies and Indigenous organizations to collaborate in policy development related to the implementation of this Act;”

Clause 7

That Bill C-91, in Clause 7, be amended by replacing, in the English version, lines 26 to 28 on page 5 with the following:

“7 The Minister must consult with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations in order to meet the ob-”

Clause 8

That Bill C-91, in Clause 8, be amended by

(a) replacing line 1 on page 6 with the following:

“8 The Minister may cooperate with provincial or territorial govern-”

(b) replacing lines 7 to 10 on page 6 with the following:

“Canada in a manner consistent with the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 and the powers and jurisdictions of Indigenous governing bodies and of the provinces and territories.”

Clause 9

That Bill C-91, in Clause 9, be amended by

(a) replacing lines 14 to 17 on page 6 with the following:

“in a manner consistent with the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 and the powers and jurisdictions of Indigenous governing bodies and of the provinces and territories, the Minister”

(b) replacing line 20 on page 6 with the following:

“with a provincial or territorial government, an Indigenous government”

Clause 10

That Bill C-91, in Clause 10, be amended by replacing line 33 on page 6 with the following:

“ment of Canada or the government of a province or territory, a”

Clause 13

That Bill C-91, in Clause 13, be amended by replacing, in the English version, lines 15 to 17 on page 7 with the following:

“the Minister has consulted with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations, the Governor in Council”

New Clause 13.1

That Bill C-91 be amended by adding after line 21 on page 7 the following:

“13.1 The Minister may establish a committee to provide the Minister with advice on the appointment of the Commissioner.”

Clause 15

That Bill C-91, in Clause 15, be amended by replacing, in the English version, lines 31 to 33 on page 7 with the following:

“made after the Minister has consulted with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations.”

Clause 16

That Bill C-91, in Clause 16, be amended by replacing, in the English version, lines 2 to 4 on page 8 with the following:

“the Minister has consulted with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations, the Governor in Council”

That Bill C-91, in Clause 16, be amended by adding after line 6 on page 8 the following:

“(2) Before making recommendations under subsection (1), the Minister must seek comments in order to ensure that the Governor in Council appoints persons who have the ability to represent the interests of First Nations, the Inuit and the Métis.”

Clause 18

That Bill C-91, in Clause 18, be amended by replacing lines 9 to 11 on page 8 with the following:

“18 The Commissioner and directors are to be appointed to hold office on a full-time basis.”

Clause 23

That Bill C-91, in Clause 23, be amended by replacing line 29 on page 9 with the following:

“provincial and territorial governments.”

Clause 24

That Bill C-91, in Clause 24, be amended by replacing lines 6 and 7 on page 10 with the following:

“(1)(b) may take into account a community assessment, with the consent of the Indigenous community in respect of which the assessment was undertaken.”

That Bill C-91, in Clause 24, be amended by deleting lines 8 to 10 on page 10.

That Bill C-91, in Clause 24, be amended by adding after line 7 on page 10 the following:

“(3) The Office must make the results of any research or study referred to in subsection (1) available to any Indigenous community, Indigenous government or other Indigenous governing body or Indigenous organization that contributed to that research or study. The Office must also make any document used in or produced for that research or study available to that Indigenous community, Indigenous government or other Indigenous governing body or Indigenous organization.

(4) The Office must authorize the Indigenous community, Indigenous government or other Indigenous governing body or Indigenous organization to copy or otherwise use the research or studies referred to in subsection (1) free of charge for the purpose of reclaiming, revitalizing, maintaining or strengthening Indigenous languages. The Office must also authorize any document used in or produced for that research or study to be copied or otherwise used by that Indigenous community, Indigenous government or other Indigenous governing body or Indigenous organization free of charge, for that purpose.”

Clause 25

That Bill C-91, in Clause 25, be amended by replacing line 25 on page 10 with the following:

“(c) conduct research and studies and community assessments in respect of the”

That Bill C-91, in Clause 25, be amended by replacing line 31 on page 10 with the following:

“cial or territorial governments to establish culturally appropriate”

Clause 43

That Bill C-91, in Clause 43, be amended by adding after line 21 on page 16 the following:

“(0.a) a list of the research and studies undertaken under subsection 24(1);”

Clause 45

That Bill C-91, in Clause 45, be amended by replacing, in the English version, lines 2 and 3 on page 17 with the following:

“fice, a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organiza-”

That Bill C-91, in Clause 45, be amended by adding after line 18 on page 17 the following:

“(a.1) respecting procedures for consultations required under this Act as well as for the negotiation of agreements or arrangements under sections 8 and 9;”

New Clause 45.1

That Bill C-91 be amended by adding after line 23 on page 17 the following:

“45.1 The Minister must ensure that Indigenous governments and other Indigenous governing bodies and Indigenous organizations are afforded a meaningful opportunity to collaborate in policy development leading to the making of regulations under section 45.”

Clause 49

That Bill C-91, in Clause 49, be amended by adding after line 17 on page 18 the following:

“(2.1) Before submitting the report to the Minister, the person or body that conducts the review must consult with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations concerning the conclusions and recommendations that should be included in the report.”

New Clause 49.1

That Bill C-91 be amended by adding after line 25 on page 18 the following:

“Parliamentary Review

49.1 As soon as feasible after the fifth anniversary of the day on which this section comes into force and after each subsequent fifth anniversary, a review of this Act and of its administration and operation is to be commenced by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.”