Current State of First Nations Self-Government: The Retirement Speech of Senator Gerry St. Germain . . . and a New Bill for Self-Government Recognition
A Four Arrows Summary prepared for
Retirement Speech of Senator Gerry St. continues. All of these discussions have been valuable in Germain: Current State of First Nations the sense that they furthered our understanding of the Self-Government and a New Bill customs and practices of the Aboriginal and non-Aboriginal cultures that make up Canada. Ottawa, Ontario, 30 October 2012 – Hon. Senator Gerry Honourable senators, the time has come for Parliament to St. Germain, P.C., rose to call the attention of the Senate uphold the principles and fulfil the duties as set out in our to the current state of First Nations self-government in Constitution and to do what it must to put the Aboriginal Canada. He said: peoples on an equal footing with the non-Aboriginal Honourable senators, I am pleased to rise this afternoon to peoples of Canada. draw to the attention of this great chamber an issue that has become an important topic of study for me and the centrepiece of my Aboriginal affairs work over the last 13 years. My inquiry today concerns the inherent right of an indigenous culture of people to self-govern their affairs and to do so in a manner that is in harmony with the sovereign nation in which they exist. In Canada, this principle of expression finds its roots in the oldest law, the Magna Carta. When the rights of the Aboriginal peoples were violated by the early settlers, the Crown took action to safeguard these rights in the Royal Proclamation of 1763. Today, Canada recognizes these rights in our Constitution Act, 1982, and most recently further recognized them by signing the United Nations Declaration on the Rights of Indigenous People. Ever since the arrival of the newcomers, the Aboriginal peoples of Canada have asserted their right to decide and to control all matters integral to their existence and to do so as partners in a sovereign Canada. The assertion of the existence of these rights and how to express them within the laws of Canada is a topic that has been deliberated upon for far too long. We have seen this with the White Paper, the Red Paper, the Penner Report, the Meech Lake Accord, the Charlottetown Accord, the Royal Commission on Aboriginal Peoples, and the list
History shows us that change is slow but that it does take Sawridge First Nation. Walter knew that the basic levers place. It was not until the time of the Progressive of governance had to be in place at the local level to make Conservative John Diefenbaker that Parliament started to such change possible. slowly change the way it viewed the Aboriginal peoples of Years later, the Harvard project of native American Canada. studies articulated these same factors essential to ensure Prime Minister Diefenbaker broke new ground by naming any First Nation's existence. the first Aboriginal person to serve in the Senate of Senator Twinn passed the torch to our colleague Senator Canada, Senator James Gladstone, a member of Alberta's Tkachuk, who in turn passed it on to me in 1999. I urge Blood Tribe. Less than two years later, Prime Minister you all to give it careful consideration. Diefenbaker took another step in the right direction by allowing all non-enfranchised Aboriginals the right to vote in federal elections. It was unheard of until that time. “Despite the best efforts of some individuals, the process is fraught, for too many First Honourable senators, the light of modern day and the teachings of our past have shown us that the current Nations, with almost insurmountable system of governance for Aboriginal people under the challenges that seem to do nothing other than Indian Act is prohibitive both socially and economically. delay and therefore deny Aboriginal peoples Minor advancements have been made by the federal their fair enjoyment of the riches of Canada's government toward self-government for some, but not all bounty. First Nations. For the most part, those who have self-government are doing well and are proud of what they Honourable senators, if we continue to do are accomplishing in their own communities and of their what we have always done, we are certain to growing contributions toward the betterment of Canada get what we have always gotten. generally. – Senator Gerry St. Germain Tlicho of the Northwest Territories, Cree-Naskapi of northern Quebec, as well as, in my province of British Columbia, the Westbank First Nation, the Tsawwassen Honourable senators, I am a Metis. First Nation and Maa-Nulth First Nations – these are good I am a son of St. François Xavier, Manitoba. examples of success, but more, much more, needs to be accomplished. I am an Aboriginal person. Despite the best efforts of some individuals, the process is I have had the true privilege of utilizing the past 19 years fraught, for too many First Nations, with almost as a senator to help advance certain issues of importance insurmountable challenges that seem to do nothing other to the Aboriginal community, particularly in the past six than delay and therefore deny Aboriginal peoples their fair years as Chair of the Standing Senate Committee on enjoyment of the riches of Canada's bounty. Aboriginal Peoples. However, this opportunity and my work that followed would have never come to reality had Honourable senators, if we continue to do what we have it not been for the ones who helped me along the way, and always done, we are certain to get what we have always there are many. gotten. I feel privileged to have experienced such a varied yet While the legal community widely supports the existence successful career, but not because I was privileged from of the inherent right to self-government, no Canadian the start — far from it. My privilege came from having the court and no government of Canada has defined the ability to learn from those around me, to get an education parameters in law. Honourable senators, where there is no and to set goals. My personal success was measured by rule of law, it behooves Parliament to construct one. my ability to meet my goals. I wanted to be a pilot. I was; I As I approach my final hours in this fine chamber, I shall, flew in the Royal Canadian Air Force and as a commercial for the fourth time, introduce a Senate public bill pilot later. I wanted to be a policeman and I was. I served proposing an act for the recognition of self-governing First in St. Boniface, Manitoba, and later in the Vancouver Nations of Canada. This particular bill originated with our Police Department. I wanted to become successful in late colleague, Senator Walter Twinn, who set out to business, and I was. improve the standard of living for the citizens of the
The opportunity to serve in public life, which comprises advised me that Progressive Conservative leadership the last 30 years of my career, was not planned, but I am candidate Mr. Brian Mulroney would be making a stop at thankful for the experience. the Villa Hotel in Burnaby that afternoon and they asked if I would attend. I said that I was busy and that I had Honourable senators, before going any further, I want to already put some thought into supporting John Crosbie. talk about my early days. I cannot forget to thank my The voice on the other end persisted and I agreed to try to mother and father, as well as my Aunt Dorothy and her stop by. wonderful husband Lucien for their support during my childhood. I was fortunate to get started on the right foot We arrived at the Villa Hotel and waited nearly an hour and to get a good education. for the late arrival of Mr. Mulroney. However, once he did arrive, Margaret and I engaged him in a brief chat. After Many of my friends did not have that opportunity, and our conversation was over, Margaret turned to me and many of them ended up on the streets of Winnipeg, unable said, "We just spoke to the next Prime Minister of to partake in the riches of our great country. That was the Canada." sad reality of being Metis at that time. Shortly after that, I was off to the PC leadership I went to school, from grade one to grade eight, in a convention in Ottawa, as a Mulroney supporter, where I one-room schoolhouse in Petit Canada. bore witness to our former colleagues, Senator Len Later on, the Grey Nuns oversaw my high school Gustafson and Senator Brenda Robertson. They education, in a small two-room school, École Secondaire nominated Mr. Mulroney for leader. One thing led to de Saint-Francois-Xavier, on the banks of the Assiniboine another and I soon found myself the newly minted PC River in Manitoba. I want to sincerely thank one of my candidate for the riding of Mission-Port Moody in teachers, Sister Jeanne Monchamp, who encouraged me to anticipation of an upcoming by-election that was to be study math. called. I remember that she often told me, "Gerry, if you excel at On the evening of August 29, 1983, I was confirmed as math, you will excel in life." She was right. The tools I the riding's newly elected MP and was off to Ottawa to learned there enabled me to achieve my goals. join my new party leader, Brian Mulroney, who was elected for the first time to the House of Commons in the Honourable senators, as I reflect on my time, I am struck riding of Central Nova in Nova Scotia that same night. by the thought of how this chicken farmer found his way The rest is history, honourable senators. into the Senate of Canada, but I guess that is the brilliance of our democracy. Some of my detractors may argue Like the other opportunities in my life, this one would not otherwise. have come to reality had it not been for the people who helped me along the way. I want to thank those who It was in the late 1970s when I left the Vancouver Police believed in me, trusted me and were willing to take a Force and entered the real estate development business chance on this Metis chicken farmer from the Fraser that my career became political. In the business world, Valley. every potential deal or transaction has some sort of political undertones. I was exposed to this and became There are those who helped to get me elected. A large more familiar with it every day. amount of credit is owed to my staff in the early days of my life as an MP, notably Bob Ransford. His advice, It was around that time that I purchased a chicken farm writing ability and loyalty were key to some of my early and joined the B.C. Chicken Marketing Board, eventually successes on Parliament Hill. I want to acknowledge becoming chairman. My experiences in both the Bruce Pollock, who served as my trusted executive agricultural and real estate business sectors made me assistant during my time as minister. I want to thank Doug acutely aware of the impacts governments have on Eyford, who was my chief of staff. Doug brought a level business. I already had developed a certain amount of of management, intelligence and expertise to my minister's disdain regarding the policies of the Trudeau government office that has gone unparalleled. as a policeman, and that only grew as a businessman in Western Canada. Most of all, I thank the Right Honourable Martin Brian Mulroney for having shown me implicit trust when I It was in the spring of 1983, when Margaret and I were served as his government caucus chairman of the largest just leaving our home for the day to run some errands, government caucus in Canadian history — 211 MPs. That when the telephone rang. The voice on the other end record still stands. I thank him for allowing me to serve at
Reserve, home of the Lil'wat people. He said they drove sitting outside the room when the decision was to be down a gravel road to an old part of the reserve that Gerry made. My dad was sure he would not succeed in obtaining called Dodge. the quotas. It was a collection of very old shacks along a short, dusty Little did my father know that a complete stranger was road. Half the shacks were built literally with a rough- fighting for my father's rights. Senator St. Germain, who hewn lumber. There were gaps between the boards and did not know my father or his circumstances, stood up for half the shacks were mostly tar paper and plywood boxes. my dad. Senator St. Germain would not accept the People lived there. I saw a few small kids running about. I prejudices of the farmers. My father obtained the licence. cannot tell you what a depressing place it was. My father has been an egg farmer for 38 years in the Fraser Valley because of our colleague Senator St. As we drove slowly through the settlement, Gerry did not Germain. say much, but I saw the look on his face. I could see a determination in his eyes. It was a deep concern that I had Honourable senators, this is who our friend is. He stands seen before. I didn't really understand that concern then – up for all of us regardless of race, religion or creed — where it came from, how important it was, and where it even people he does not know. Gerry treats all people would take him. equally. He opens the door of opportunity for all. Honourable senators know how important that concern is Senator St. Germain, thank you for your service, and where it could take Senator St. Germain. I will share friendship, example and commitment to all Canadians. We with you further Mr. Ransford's account. He said: will miss you. I will especially miss the long plane rides from Vancouver to Ottawa and from Ottawa to Vancouver A few months ago when I read the report on Aboriginal when you gave me a lot of sage advice. Some of it I have education that Gerry signed as Chair of the Aboriginal followed and some of it I have parked. Peoples' Committee, it dawned on me that the greatest contribution that Gerry had made as a servant of the We wish you a happy time with your great family and people for over 30 years wasn't uniting Conservatives, your great-grandson, Tanner, who is sitting in the gallery wasn't setting up the Vancouver International Airport and who never leaves your side. Authority, wasn't helping to secure a commitment to build Gerry, I will miss you. a gas pipeline to Vancouver Island, and wasn't fighting for a softwood lumber agreement to secure B.C.'s jobs. Hon. Lillian Eva Dyck: Honourable senators, I feel No, Gerry's biggest contribution has been a commitment compelled to get up to say a few words to respect our to his humanity, exposing to us the opportunity we have in colleague, the Honourable Senator St. Germain. this great country to be a country of one people, to truly I wish I could have followed Senator Tkachuk when he unite our country, to do that finally by recognizing that was talking about how he would say "She loves me; she our first peoples define our Canada, a country enriched loves me not" with respect to Senator LeBreton. At the further by those who came later from all parts of the end of our meeting this morning, his last meeting of the globe. Standing Senate Committee on Aboriginal Peoples, Gerry Honourable senators, that is Senator St. Germain's vision said, "I love you all," and I said, "Gerry, I cannot believe of Canada. As he retires from this place, it is a vision that that I am saying this: I love you, too, and you are a we must recommit to preserving and promoting with all Conservative." I never thought I would say that to a that we are. Conservative. Next time, he should say "She says she loves me; she loves me; she loves me." There is no "She Honourable senators, in 1974, my father was a new loves me not." refugee to Canada with no friends in B.C., and he wanted a job to feed his large family. Minister [Eugene] Whalen It is fitting that your last speech is an inquiry on the issue met my father at an event and gave him some ideas of of First Nations self-government. That shows how what he could do. relentless you are in trying to get to that goal, but it also shows you are a Metis man and that you are very proud of After that conversation, my dad applied to become an egg that. We all know that on the committee. Yet, you do not farmer. He applied for egg quotas through the Egg mention the Metis in your final speech, except with regard Marketing Board. Senator St. Germain was the chair of to you, yourself, and we had to convince you to do the the board. The farmers in the area did not want my father Metis study. to be one of them. My father was different. My father was
I have learned so much from you, my honourable friend. I It is a pleasure to have worked with you over the past 12 have been the vice-chair of the committee for the past two years. You understand fundamentally that just because or three years and learned so much from you and your senators disagree politically, it does not mean they cannot style. I am a very shy person, believe it or not. You have a work together and I truly appreciate that. very extroverted style and, as you said, you put the goal up I had the privilege of sitting in on a number of Standing there so we work together. Senate Committee on Aboriginal Peoples meetings which I hope we continue to do that. I know that we will, you chaired and always at the meetings, regardless of because the members of the committee all share that party affiliations, all senators were treated with respect vision of us working together. I see good things and dignity by you in your role as chairperson. happening, but we will definitely miss you. That is for We were neighbours on the third floor of the Victoria sure. Building and it was always fun to visit and look at the You also talked about your accomplishments in life. You pictures you had on your walls, which gave a panorama of mentioned education with the Grey nun who told you to the life you have led. get into math. Honestly, in my life, too, education was Gerry, you are a gentlemen and person of principles. You such an important piece for me and all Aboriginal people certainly were not afraid to stand up for your convictions to get ahead. As a role model, you received the highest and for what you believed in. You were the only Reform honour from the National Aboriginal Achievement Alliance senator for quite a while and I am sure that there Foundation, now called Indspire, when it recognized you were quite a few lonely times when you were in that role. with a lifetime achievement award last year. It was well However, you stuck to your beliefs and, lo and behold, the deserved. Progressive Conservative Party and the Reform Alliance I am sure your family was thrilled to see the video. I came together and your "Unite the right" came to be. thought it was so touching when you were walking along I am sure many people believed you would have been in hand in hand with your great-grandson; what a beautiful the leader in the Senate because of the work you had done image. I can see your family crying, because you have behind the scenes. I am sure there were many people who done a tremendous job. They are so proud of you. You are thought that. That is no reflection on you, Senator such a great role model for the rest of Canada, for all LeBreton, but certainly a lot of people felt it at the time. Metis people, for all people in general, and for senators in general. Gerry, my best wishes to you and to your family. You have made a difference in the Senate. You have shown Now, the question I have for you is really quite serious. such great passion and conviction for the causes in which With a new chair – we always worry with a new chair – you believe and you will be missed in this place. Thank you are leaving big shoes to fill. My question is: What you. about the big hat – that big black hat – and all the turquoise? Will he or she have as much? You are the only Hon. Roméo Antonius Dallaire: Honourable senators, it man I know who has more turquoise jewellery than I do. is essential to note that Senator St. Germain never denied We were trying to convince you to get us back to Arizona his francophone past – quite the opposite in fact – and is or New Mexico so we could get more new turquoise. proud to be a Metis. Gerry, French may not be your first Perhaps our new chair will welcome that suggestion and language or the first language of your community, but it maybe we will be able to dress him up so he is able to fill remained important to you. Those of us who live in the shoes, the hat and the jewellery. Quebec are very proud to see you keep that spirit alive. Thank you so much. I enjoyed working with you. I love You did not mention the time that you spent in aviation. I you, Gerry. am wondering whether the industry has recovered from your time there and whether the damage you may have Hon. Jane Cordy: I was delighted to hear you thanking caused to planes was factored into the budgets at the time. teachers today, and perhaps Senator Martin and I will Yet, you still managed to become a pilot and, as you have bring forward a motion that all honourable senators should often told me, that training was extremely useful to you thank their teachers in their departure speeches. I am sure later on. there are a lot of teachers around Canada who are shaking their heads saying, "Who would have thought?" Here we When I was a member of your committee, I thought it was are. an innovative idea that you had to invite all the members of the committee and the minister with whom you worked
AFN Regional Chief Jody Wilson-Raybould relationship between our peoples and the Crown. As such, Hopes Introduction of Bill C-212, First Nations Bill S-212 should in no way be considered anywhere near Self-Government Recognition Legislation, to existing in its final form." Will Stimulate Debate and Dialogue She added, on Nation Building and Re-building "There will be work Coast Salish Territory, British Columbia, 1 November needed to 2012 – AFN Regional Chief Jody Wilson-Raybould today ensure that welcomed the introduction at first reading in the Senate of Bill S-212 Bill S-212 An Act providing for the recognition of fully self-governing First Nations of Canada and thanked the satisfies the sponsor of the Bill, Senator Gerry St. Germain, for his needs of dedication and commitment to First Nations' peoples. our Nations. Bill S-212 should now be studied thoroughly by "I am extremely pleased that as one of his final acts in the First Nations across Canada, debated, and amended as upper chamber, Senator St. Germain has seen fit to required. This may take some time but is critical to introduce this significant Bill that will generate much building this recognition legislation and only after it has needed dialogue and debate around the importance of occurred should the Bill be enacted into law." reconciliation and for First Nations to be recognized as self-governing based on our inherent right of self- Regional Chief Wilson-Raybould also stressed, "We are government and as required by the United Nations under no illusion that the government of Canada will Declaration on the Rights of Indigenous Peoples. Clearly actually support Bill S-212. It is not a government the way forward must be Nation-to-Nation, and where sponsored Bill. No doubt there will also be opposition treaties exist, based on the original treaty relationship." from some First Nations." Regional Chief Wilson-Raybould continued, "Strong and Nevertheless, she encouraged, "Bill S-212 is a step in the appropriate governance beyond the Indian Act is right direction and regardless of whether or not, as absolutely necessary if our Nations are to meet their full amended, it ultimately becomes law in this, or a future potential as we implement our Aboriginal title and rights, Parliament, it stands out today as an alternative to the including treaty rights, during this period of Nation federal government's current neo-colonial legislative building and re-building. agenda for our peoples that seeks to tinker around the edges of the Indian Act and design our post-Indian Act “Societies that govern well simply do better economically, governance for us." socially and politically than those that do not and ours are no exception. Good governance increases societies' She continued, "Ultimately, it is my hope that chances of meeting the needs of its peoples and self-government recognition legislation will recognize, in developing sustainable long-term economic development." a meaningful way, the extraordinary efforts of First Nations in BC and across the rest of the country to build Bill S-212 provides a mechanism for a First Nation to strong and appropriate governance and support their become recognized as self-governing under its own efforts to move through the post-colonial door." constitution. Where, at their choice, a First Nation, or group of First Nations, develops its own Constitution as Regional Chief Wilson-Raybould concluded, "To move part of a self-government proposal that has been ratified the First Nations' self-government agenda forward will by its citizens, Canada is required legally to recognize that take leadership, by both Canada and by our Nations.” Nation as self-governing. – Regional Chief Jody Wilson-Raybould Following recognition, Canada is required to enter into (604) 922-7733 inter-governmental negotiations with respect to that [email protected] Nation's law-making powers and a new fiscal relationship. AFN Regional Chief Wilson-Raybould cautioned, however, that "developing self-government recognition legislation is no small undertaking and is fundamentally about returning to the original nation-to-nation
Bill S-212 An Act providing for the recognition SHORT TITLE of self-governing First Nations of Canada 1. This Act may be cited as the First Nations Self- Preamble Government Recognition Act.
Whereas the Royal Proclamation of 1763 recognizes that INTERPRETATION there were self-governing peoples living in the territory that is now known as Canada before the Europeans Definitions arrived; 2. (1) The following definitions apply in this Act. Whereas history records that the Crown entered into legal “citizen”, in relation to a recognized First Nation, means a relations with certain Nations, tribes and bodies of citizen of the First Nation under its constitution. Indians; “date of recognition”, in relation to a recognized First Whereas these relations were premised not on conquest Nation, means the effective date on which a First Nation and unilateral control, but on principles established becomes a recognized First Nation under this Act, in through convenants of treaty, allowing for co-existence, accordance with subsections 12(1) and (2). reciprocal support and the occupation of territory by the First Nations and by those who came after them, in the “elector”, in relation to a recognized First Nation, means a settlement that resulted in the establishment of the citizen of the First Nation who is an elector under the Dominion of Canada; constitution of the First Nation. Whereas under Class 24 of section 91 of the Constitution “eligible voter”, in relation to a First Nation, means a Act, 1867, Parliament subsequently passed certain laws in member of the First Nation who is eligible, under relation to Indians and lands reserved for the Indians; subsection 7(1), to vote in a referendum held by the First Nation under Part 1. Whereas section 35 of the Constitution Act, 1982, recognizes and affirms the Aboriginal and treaty rights of “First Nation” means the Aboriginal peoples of Canada; (a) any body of people for whose use and benefit land has been reserved within the meaning of Class 24 of Whereas the Government of Canada recognizes the section 91 of the Constitution Act, 1867; or inherent right of self-government as an existing right within section 35 of the Constitution Act, 1982; (b) any body of people that has been determined by a court of competent jurisdiction or through an Whereas Canada has endorsed the United Nations agreement with the Crown to be the holder of Declaration on the Rights of Indigenous Peoples, which Aboriginal title to lands. affirms the fundamental importance of the right to self-determination of all peoples and, in exercising that “First Nation lands”, in relation to a First Nation, means right, the right to autonomy or self-government; (a) lands to which the First Nation has established Aboriginal title through an agreement with the Crown Whereas Canada would be strengthened by a renewed or a declaration issued by a court of competent relationship and reconciliation with First Nations based on jurisdiction, the recognition of First Nations self-government as an existing Aboriginal right within section 35 of the (b) lands reserved for the Indians, within the meaning Constitution Act, 1982; of Class 24 of section 91 of the Constitution Act, 1867, of the First Nation, And whereas Canada wishes to reconcile with First (c) lands set apart for the First Nation in the future as Nations by recognizing the governance of self-governing lands reserved for the Indians within the meaning of First Nations over their lands, peoples and resources; Class 24 of section 91 of the Constitution Act, 1867, Now, therefore, Her Majesty, by and with the advice and (d) lands, the legal title to which is vested in Her consent of the Senate and House of Commons of Canada, Majesty, that have been set apart by Her Majesty for enacts as follows: the use and benefit of the First Nation, including reserves, or (e) lands acquired or owned by the First Nation, before or after it becomes recognized under this Act, that are declared by the Governor in Council to be First Nation lands,
(i) the appeal or review of decisions of the governing (4) If the Verifier confirms that the proposed constitution body of the First Nation that affect legal rights or and the proposed approval process are in accordance with interests; this Act, the First Nation may submit the self-government (j) the qualifications of electors of the First Nation; proposal to its eligible voters for approval in a referendum. (k) the holding of meetings of the governing body and other assemblies of the citizens; (5) A proposal that is, in the opinion of the Verifier, not in (l) rules for the conduct of referenda of the First accordance with this Act may be amended by the First Nation; Nation and resubmitted to the Verifier for confirmation, and subsections (3) and (4) apply to the amended (m) a process for the amendment of the constitution of proposal. the First Nation by its citizens; and (n) any other matter relating to the governance of the 7. (1) A member of the First Nation who is eighteen years First Nation that the First Nation proposes to include. of age or over on the day of the referendum is eligible to vote in the referendum. (4) The proposed constitution must provide that (2) No vote may be exercised by proxy. (a) the First Nation must maintain its accounts and prepare its consolidated financial statements annually (3) The governing body of the First Nation must, at least in accordance with generally accepted accounting 60 days before the day of the referendum, take reasonable principles; and measures to (b) the financial statements must (a) locate all eligible voters for the referendum and (i) be audited, in accordance with generally inform them of their right to vote and the means of accepted auditing standards, by an independent exercising that right, and provide them with a copy of auditor who is a member in good standing of a the self-government proposal; and corporation, institute or association of auditors (b) ensure that other persons who have an interest or incorporated under an Act of the legislature of a right in the First Nation lands described in the proposal province, for self-government are informed about the self- (ii) include a statement of the remuneration and government proposal, this Act and the date set for the expenses paid to each member of the governing referendum. body, and 8. (1) The Verifier must publish a notice of the date, time (iii) be made available to citizens of the First and place of the referendum. Nation within six months after the end of the fiscal year, and a copy provided to any person requesting (2) The Verifier, and any assistants that the Verifier may one on payment of a reasonable fee. appoint, must observe the conduct of the referendum and must determine whether the referendum is conducted in COMMUNITY APPROVAL AND CERTIFICATION BY VERIFIER accordance with the approval process confirmed by the Verifier under section 6. 6. (1) A First Nation that proposes to become a recognized First Nation and the Minister must jointly appoint a 9. (1) A self-government proposal that has been submitted Verifier. to a referendum is approved if at least 50 per cent of the (2) The First Nation must, within 30 days after the eligible voters of the First Nation participated in the appointment of the Verifier, submit its proposal for referendum and at least 50 per cent of the eligible voters self-government to the Verifier for confirmation. who participated voted to approve it. (3) The Verifier must, within 15 days after receiving the (2) The governing body of the First Nation may, by proposal for self-government, determine whether the resolution, increase the percentage of votes required under proposed constitution and the proposed process for the subsection (1) and, if it does so, must specify that approval of the self-government proposal are in accord- percentage in the proposal for self-government under ance with this Act, taking into account any concerns paragraph 5(2)(e). expressed to the Verifier by any eligible voter, and report to the First Nation and the Minister on the matter. 10. (1) If the eligible voters of a First Nation vote in favour of a self-government proposal in accordance with
(a) a department, institution, agency or official of the (b) Aboriginal healers and traditional medicine; government of the recognized First Nation; or (c) adoption of children who are citizens of the First (b) another government, with the agreement of that Nation; other government. (d) guardianship, custody, care and placement of TRANSITIONAL PROVISIONS children of its citizens; (e) provision of education programs and services for its Governing body citizens; 14. (1) The governing body of the First Nation that is in (f) solemnization of marriages where one or both of the office immediately before the First Nation is recognized parties to the marriage are citizens of the First Nation; under this Act becomes the first governing body of the recognized First Nation until such time as a governing (g) matrimonial property on First Nation lands of the body of the recognized First Nation is selected in First Nation where one or both of the spouses are accordance with its constitution. citizens of the First Nation; and (h) inheritance, wills, intestacy and administration of (2) The persons who are officers and employees of the estates of its citizens. First Nation immediately before the First Nation is recognized under this Act are deemed to be the duly (3) Laws referred to in subsection (2) may be made appointed officers and employees of the recognized First applicable to the citizens of the First Nation whether or Nation until confirmed or removed by its governing body. not they are on First Nation lands. (3) Except as otherwise specified by this Act, all existing (4) Subject to this Act, a recognized First Nation has, to legal and equitable duties and obligations of the Crown the extent provided by its constitution, the power to make owed to the First Nation prior to its recognition under this laws in relation to any of the following matters: Act continue to be owed to the First Nation after its (a) use, management, administration, control and recognition under this Act. protection of First Nation lands; (4) Except as otherwise specified by this Act, all existing (b) use, management, administration, control and legal and equitable duties that are owed to the Crown by protection of natural resources that form part of First the First Nation prior to its recognition under this Act Nation lands; continue to be owed by the First Nation after its (c) gathering, hunting and trapping and the protection recognition under this Act. of wildlife and their habitat; (5) Rights of the Crown or any person in the First Nation (d) control or prevention of pollution and protection of lands of the First Nation that exist immediately before the the environment; First Nation is recognized under this Act, whether arising (e) licensing and regulation of persons or entities by law, grant or contract, are not affected by the carrying on any business, trade, profession or other recognition and continue according to their terms. occupation;
LAW-MAKING POWERS (f) residency on First Nation lands, including matters related to residential tenancies; Exclusive authority (g) trespass on First Nation lands; 15. (1) Subject to this Act, a recognized First Nation has, (h) public works and undertakings, including buildings, to the extent provided by its constitution, the exclusive community infrastructure and local services; power to make laws in relation to those matters set out in (i) raising of revenues, as provided in Part 3; and any of paragraphs 5(3)(b) to (e) and (g) to (n). (j) generally all matters of a merely local or private (2) Subject to this Act, a recognized First Nation has, to nature on the First Nation lands of the recognized First the extent provided by its constitution, the power to make Nation. laws in relation to any of the following matters: (5) Except as otherwise provided in this Act, in the event (a) provision of programs and services for its citizens of a conflict between a First Nation law in relation to a in relation to their spiritual and cultural beliefs and matter set out in subsection (2) or (4) and a federal law, practices; the First Nation law prevails to the extent of the conflict.
(6) Subject to this Act, a recognized First Nation has the offence punishable upon summary conviction under power, to the extent provided by its constitution, to make federal environmental legislation. laws in relation to any of the following matters: (3) A recognized First Nation may make laws to provide (a) administration of justice, including the for enforcement measures consistent with those set out in establishment and designation of courts and tribunals similar federal or provincial legislation, including of criminal and civil jurisdiction; inspections, searches, seizures, forfeitures, and (b) the establishment of administrative boards, compulsory sampling, testing and production of tribunals, commissions or other administrative bodies; information. (c) emergency preparedness; (4) Subject to subsection 22(3), a recognized First Nation (d) provision of health care and services; may, by law, adopt or incorporate by reference the laws of (e) transportation, including the construction, the province in which the First Nation is located relating maintenance and management of roads, the regulation to proceedings in respect of offences that are created by a of traffic, and the control or prohibition of the law of the province, with such modifications as may be operation and use of vehicles; required. (f) labour relations; (5) A recognized First Nation may make laws to establish (g) agriculture; a system of administrative penalties for the contravention of laws of the First Nation, including (h) fishing and the protection of fisheries, fish and fish habitat; (a) setting out the procedures for issuing a notice of violation and the contents of the notice; (i) control or prohibition of the manufacture, supply, sale, exchange, transport, possession and consumption (b) establishing the amount of the penalties; and of intoxicants; (c) designating the laws of the First Nation that are (j) control or prohibition of actions, activities and subject to enforcement under the system. undertakings that constitute, or may constitute, a threat (6) A maximum penalty established under paragraph to public order, peace or safety; and (5)(b) may not exceed that which may be imposed for the (k) gaming. breach of a comparable federal or provincial law.
(7) In the event of a conflict between a First Nation law 17. (1) Subject to subsection (2), whenever a recognized and a federal law in relation to a matter set out in First Nation intends to commence to exercise its subsection (6), the federal law prevails to the extent of the law-making powers under any one or more of paragraphs conflict. 15(2)(a) to (h), 15(4)(a) to (j) and 15(6)(a) to (k), the First (8) Subject to subsections (3) and (9), a law of a Nation must, before doing so, notify the Minister of its recognized First Nation applies to First Nation lands and intention, and upon receiving notification the Minister all persons on the First Nation lands of the First Nation. must enter into negotiations with the First Nation for an agreement respecting the exercise of those powers. (9) A law of a recognized First Nation may be made applicable only to its citizens. (2) If the First Nation and the Minister agree that an agreement referred to in subsection (1) is not, in the 16. (1) A recognized First Nation may make laws that circumstances, required in respect of the commencement create offences punishable on summary conviction for of the exercise of a law-making power, the Minister need contraventions of the laws of the First Nation and provide not enter into negotiations with the First Nation for an for the imposition of fines, imprisonment, restitution, agreement respecting the power in question, and community service and any other means for achieving subsections (3) to (5) do not apply to the exercise of that compliance. law-making power. (2) Terms of imprisonment or fines for a contravention of (3) The Minister must use his or her best efforts to a law of a recognized First Nation may be no greater than negotiate an agreement with the First Nation, including those that may be imposed under subsection 787(1) of the terms and conditions respecting the exercise of the Criminal Code, except that a First Nation law in relation law-making power and any financial transfers associated to environmental protection may provide for a fine that is with the implementation and enforcement of laws that are no greater than the fine that may be imposed for an made under that power.
(4) A recognized First Nation may exercise the is, without proof of that officer’s signature or official law-making powers in respect of which notification was character, evidence of its enactment on the date specified given under subsection (1) in accordance with the terms in the law. and conditions of the agreement entered into by the First Nation with the Minister. ENFORCEMENT OF FIRST NATION LAWS (5) The Minister must make any regulations that are Enforcement officials necessary to give effect to the agreement. 21. (1) The governing body of a recognized First Nation may 18. (1) The laws of a recognized First Nation must be enacted in the manner provided for in its constitution. (a) appoint and assign duties to government officials, or contract with non-government officials, for the (2) Unless otherwise provided in its constitution or laws, a enforcement of First Nation laws on First Nation lands; law of a recognized First Nation comes into force at the (b) appoint officials as Commissioners for the taking of beginning of the day following its enactment or at such oaths in relation to matters under the jurisdiction of the later time as is specified in the law. recognized First Nation; and 19. A recognized First Nation may make laws or do such (c) in order to provide policing services on First Nation other things as may be necessarily incidental to the lands, exercise of jurisdiction set out in this Act or to enable a (i) establish a police force, or recognized First Nation to exercise its rights or to carry out its responsibilities under this Act. (ii) enter into an agreement with the Government of Canada or with the government of a province for the PUBLICATION AND PROOF OF FIRST NATION LAWS provision of policing services. 20. (1) Laws of a recognized First Nation must be in writing and available to the public. 22. (1) For the purpose of prosecuting offences under the laws of a recognized First Nation, the First Nation may (2) A recognized First Nation must maintain a register of (a) retain its own prosecutor; all laws enacted by it. (b) enter into an agreement with the Government of (3) On the enactment of a law by a recognized First Canada to arrange for a federal agent to prosecute Nation, the original of the law must be deposited in the offences; or register. (c) enter into an agreement with the Government of (4) A recognized First Nation must cause the laws it Canada and the government of the province in which enacts to be published in the First Nations Gazette and, in the First Nation is located to arrange for a provincial addition, must make its laws available to the public by prosecutor. (a) making them freely available on the Internet; or (2) Prosecutions involving a law of a recognized First (b) making them available for scrutiny by the public Nation may be heard before a justice of the peace during normal business hours at the main office of the appointed under this Act, a provincial court of the governing body of the First Nation and providing province in which the First Nation is located, a court copies on request at a reasonable charge per page. established under this Act, or any other court of competent jurisdiction. (5) Failure to publish a law in the First Nations Gazette does not affect the validity of the law. (3) The summary conviction procedures of Part XXVII of the Criminal Code apply to the prosecution of offences (6) The Statutory Instruments Act does not apply to a law under a law of a recognized First Nation. of a recognized First Nation, or to any orders, rules, or resolutions of the governing body of the First Nation. 23. Every fine, penalty, or forfeiture and interest thereon imposed under a law of a recognized First Nation or (7) Judicial notice is to be taken of the laws of a pursuant to this Act in respect of the First Nation belongs recognized First Nation. to the First Nation. (8) In any proceedings, a copy of the law of a recognized First Nation certified as a true copy of the law by an officer of the government of the recognized First Nation
ADMINISTRATION OF JUSTICE 26. (1) Subject to the constitution of a recognized First Justices of the peace Nation or the establishment of any court or tribunal by the 24. (1) A recognized First Nation may appoint justices of First Nation under its constitution, a federal court of the peace to ensure the enforcement of the laws of the competent jurisdiction or a court of competent jurisdiction First Nation, including the adjudication of offences for in a province in which the First Nation is located, as the contraventions of those laws. case may be, has jurisdiction with respect to the (2) A justice of the peace appointed by a First Nation is to enforcement of the laws of the First Nation. have tenure and remuneration, and be subject to (2) A decision of a court or tribunal established by a conditions of removal, that reflect the independence of the recognized First Nation may be appealed to office of justice of the peace in the province in which the (a) the Federal Court of Appeal; or First Nation is located. (b) the Court of Appeal of of the province in which the (3) A justice of the peace appointed by a First Nation may, First Nation is located. in respect of the enforcement of the laws of the First Nation, PART 2 (a) perform all the duties and functions, and exercise all the powers, of a justice of the peace appointed for FIRST NATION LANDS the province in which the First Nation is located; and Title to First Nation lands (b) exercise any additional powers required to perform 27. (1) Title to First Nation lands is not affected by this his or her duties and functions under this Act, the Act. constitution and the laws of the First Nation. (2) For greater certainty, title to First Nation lands that are (4) An appeal lies from a decision of a justice of the peace reserves under the Indian Act continues to be held by Her in the manner in which an appeal lies in summary Majesty for the use and benefit of the recognized First conviction proceedings under Part XXVII of the Criminal Nation. Code and the provisions of that Part relating to appeals apply to appeals under this section. 28. (1) Licences and interests in First Nation lands approved, created, granted or issued pursuant to the Indian 25. A law of a recognized First Nation establishing a Act and existing as of the date of recognition of the First court or tribunal pursuant to its constitution must provide Nation continue to have effect in accordance with their for terms and conditions. (a) security of tenure for members of the court or (2) A recognized First Nation has all the rights, powers, tribunal sufficient to ensure their independence and the responsibilities and privileges of an owner in relation to appearance of independence from the governing body its First Nation lands and may grant licences and interests of the First Nation; in its First Nation lands. (b) a system of remuneration for members of the court (3) On the date of recognition, the rights and obligations or tribunal that is independent of any assessment by the of Her Majesty as grantor in respect of licences and governing body, the citizens of the First Nation or any interests in First Nation lands are transferred to the member of the court or tribunal; recognized First Nation. (c) a fair and impartial mechanism to remove a member of the court or tribunal in the event of serious 29. No First Nation lands of a recognized First Nation, or misconduct; any interest in such lands, may be alienated to another government except in accordance with this Act and the (d) the application of the rules of evidence in regulations. proceedings before the court or tribunal in the same manner as in the province in which the First Nation is 30. (1) No interest in any part of the First Nation lands of located; and a recognized First Nation may be alienated except where it (e) a system for the prosecution of charges by the First is exchanged for an interest in other lands in accordance Nation or, where the First Nation does not act, by an with subsection (2). informant or by the Attorney General of Canada.
(2) A recognized First Nation may exchange an interest in PART 3 its First Nation lands only if FISCAL RELATIONS (a) it will receive an interest in lands of greater or equivalent size or value in consideration for the Fiscal powers exchange; 33. (1) A recognized First Nation may under a law of the (b) Her Majesty is willing to set apart the lands in First Nation raise moneys by way of which the interest is received as “lands reserved for the (a) fees, charges, royalties, permits, licences or other Indians” under Class 24 of section 91 of the non-tax means; Constitution Act, 1867; (b) the direct taxation of its citizens; and (c) the governing body of the First Nation has taken (c) the taxation of persons other than its citizens, to the reasonable measures to inform its citizens of the extent agreed to by the First Nation and the reasons for the exchange; and Government of Canada. (d) the citizens of the First Nation have approved the exchange in accordance with the approval process (2) Moneys raised by a recognized First Nation must be established by a law of the First Nation for this administered in accordance with the constitution and the purpose. financial administration laws of the First Nation.
31. (1) An interest in First Nation lands may only be 34. (1) A recognized First Nation may expropriated by Her Majesty if (a) receive moneys from Her Majesty, from provincial (a) the Governor in Council has consented to the governments and from other entities; expropriation; and (b) expend, invest, assign or commit moneys received; (b) the land is for the use of a federal department or (c) borrow moneys, including issuing bonds, temporary agency. debentures, promissory notes or similar forms of obligations; and (2) The Governor in Council may consent to an expropriation of interests in First Nation lands only if (d) perform any other functions regarding financial management and administration that may be required (a) the expropriation is justifiable and necessary for a from time to time. federal public purpose that serves the national interest; (b) the expropriated land is of the smallest size (2) For greater certainty, a recognized First Nation that is required; a borrowing member of the First Nations Finance Authority is subject to the First Nations Fiscal and (c) the expropriation is for the shortest time possible; Statistical Management Act and (d) replacement lands and fair compensation have been 35. (1) Section 87 of the Indian Act applies, subject to provided to the First Nation. subsection (2) and with such modifications as the circumstances require, to a recognized First Nation, its 32. (1) A recognized First Nation may by law provide for First Nation lands, and its citizens who are Indians within the registration of interests in its First Nation lands. the meaning of that Act. (2) Until such time as the laws of a recognized First (2) For the purpose of subsection (1), the reference in Nation provide for the registration of interests in its First section 87 of the Indian Act to a band is to be read as a Nation lands, interests in First Nations lands must be reference to a recognized First Nation and references to a registered in reserve or to reserve lands are to be read as references to (a) a land registry maintained by the Minister for that First Nation lands. purpose; or (b) a system established for the registration of interests 36. (1) The Minister must enter into a self-government in First Nation lands pursuant to an agreement between financial transfer agreement with a recognized First the recognized First Nation and the Minister. Nation under which funding is provided by the Government of Canada to the recognized First Nation over such period of time, and subject to such terms and conditions, as are specified in the agreement.
(2) Annual transfers provided under the agreement must (2) A recognized First Nation that proposes to divide must be transferred to the recognized First Nation at least 60 develop a division proposal in accordance with section 5, days before the beginning of the First Nation's fiscal year, with such modifications as the circumstances require. unless the agreement provides otherwise. (3) The proposal for division must include provisions to (3) Federal transfers must be administered in accordance facilitate the transition of the recognized First Nation from with the provisions of the self-government financial being one entity to becoming two or more recognized First transfer agreement. Nations. (4) A division of a recognized First Nation may be 37. (1) The purposes of the federal transfers are to effected only with the approval of the First Nation (a) promote equal opportunities for the well-being of electors, in a referendum in which the division is approved the citizens of the recognized First Nation; by the electors in the number and majority specified in (b) further economic, social, cultural and linguistic section 9. development in the First Nation to reduce disparities in (5) Sections 5 to 10 apply to a proposal and approval for opportunities among Aboriginal peoples and between division, with such modifications as the circumstances Aboriginal peoples and other Canadians; and require. (c) ensure that the recognized First Nation can provide public services at levels reasonably comparable to (6) Upon division, the original recognized First Nation those available to other Canadians. ceases to exist as an entity.
(2) The capacity of a recognized First Nation to raise its Amalgamation own revenues must be taken into consideration in 40. (1) A recognized First Nation may authorize its determining and administering the federal transfers, after a amalgamation with another recognized First Nation or any reasonable transition period that allows the recognized other First Nation. First Nation to make substantial progress on the objectives set out in paragraphs (1)(a) to ©. (2) First Nations that propose to amalgamate must develop an amalgamation proposal in accordance with section 5, 38. (1) Moneys held by Her Majesty for the use and with such modifications as the circumstances require. benefit of a First Nation must be subjected to audited accounting and then transferred to the First Nation within (3) The proposal for amalgamation must include 90 days after it becomes a recognized First Nation. provisions to facilitate the transition of the First Nations from being separate entities to becoming a single (2) Her Majesty remains responsible for moneys referred recognized First Nation. to in subsection (1) until the control of the moneys has been transferred to the recognized First Nation. (4) An amalgamation of recognized First Nations may be effected only with the separate approval of the electors of (3) No person has, by reason only of citizenship in a each recognized First Nation, in a referendum in which the recognized First Nation, any claim to, or any power to amalgamation is approved by the electors in the number dispose of, encumber, sever or require a transfer of any and majority specified in section 9. interest in, any of the moneys of the recognized First Nation. 5) An amalgamation of a recognized First Nation and a First Nation that is not a recognized First Nation under (4) All moneys transferred by Her Majesty under this this Act may be effected only with section to a recognized First Nation are deemed to be situated on the First Nation lands of the recognized First (a) the approval of the electors of the recognized First Nation. Nation in a referendum in which the amalgamation is approved by the electors in the number and majority PART 4 specified in section 9; and (b) the approval of the eligible voters of the other First ORGANIZATIONAL OPTIONS Nation in a referendum in which the amalgamation is Division approved by the eligible voters of the First Nation in 39. (1) A recognized First Nation may authorize its the number and majority specified in section 9. division into two or more recognized First Nations.
(6) Sections 5 to 10 apply to a proposal for amalgamation, LIABILITY with such modifications as the circumstances require. Recognized First Nation not liable (7) Upon amalgamation, the individual First Nations cease 44. (1) A recognized First Nation is not liable in respect of to exist as separate entities and continue as a single anything done or omitted to be done, before its recognition recognized First Nation. under this Act, by Her Majesty or any person or body authorized by Her Majesty to act in relation to the First 41. (1) Any two or more recognized First Nations may, by Nation. an agreement ratified through a law passed by each of those First Nations, establish a confederation of First (2) Her Majesty must indemnify a recognized First Nation Nations to which the recognized First Nations that are for any loss suffered by the First Nation as a result of an parties to the agreement delegate legislative and act or omission described in subsection (1). administrative powers. (3) Her Majesty is not liable in respect of anything done or (2) A confederation of First Nations has the power to omitted to be done, after the recognition of a First Nation make laws in relation to those matters in respect of which under this Act, by the First Nation or any person or body legislative powers are delegated to it by the recognized authorized by the First Nation to act on its behalf. First Nations that established it. (4) The First Nation must indemnify Her Majesty for any (3) A confederation of First Nations is a self-governing loss suffered by Her Majesty as a result of an act or body with the capacity of a natural person and with the omission described in subsection (3). capacity to exercise the powers and privileges and perform the functions of a government that are delegated to it in 45. (1) No individual is personally liable for any debt, accordance with this section. obligation or act of a recognized First Nation by reason only of being a member of its governing body unless the (4) The provisions of this Act that apply to a recognized debt, obligation or act is in contravention of this Act, the First Nation apply, with such modifications as the constitution or a law of the recognized First Nation, and circumstances require, to a confederation of First Nations. the individual knowingly consents to, authorizes or engages in the contravention. PART 5 (2) No individual is personally liable for any debt, GENERAL obligation or act of a recognized First Nation by reason only of being a citizen of the First Nation. RIGHTS AND LIABILITIES (3) No civil proceedings lie against a member of the No waiver of status governing body of a recognized First Nation or an employee of a recognized First Nation for anything done, 42. For greater certainty, nothing in this Act nor any or omitted to be done, during the course of the exercise or action taken under it is a waiver of the status of citizens of purported exercise in good faith of any power or the a recognized First Nation as Indians within the meaning of performance or purported performance in good faith of Class 24 of section 91 of the Constitution Act, 1867. any duty of that person in accordance with this Act, the constitution of the recognized First Nation or a law of the 43. (1) Unless otherwise provided in the constitution or a recognized First Nation. law of a recognized First Nation, section 89 of the Indian Act applies, subject to subsection (2) and with such (4) Despite subsections (1) to (3), a recognized First modifications as the circumstances require, to a Nation may, in the exercise of its law-making powers recognized First Nation, its First Nation lands and its under subsection 15(1), make laws concerning the citizens who are Indians within the meaning of that Act. personal immunity from civil liability of employees, officers or members of the governing body and other (2) For the purpose of subsection (1), the references in institutions of the First Nation. section 89 of the Indian Act to a band are to be read as references to a recognized First Nation and the references (5) For greater certainty, the government of a recognized to a reserve are to be read as references to First Nation First Nation and its institutions are considered public lands. bodies for the purpose of tort claims against the government of the recognized First Nation and its institutions, and the laws of a recognized First Nation may
(2) In the event of a conflict between the constitution or Statistical Management Act applies to that recognized law of a recognized First Nation and a federal law, the First Nation. constitution or law of the recognized First Nation prevails (3) Except to the extent of any inconsistency with this Act, to the extent of the conflict, unless otherwise provided in with any law of a recognized First Nation or with any this Act. provision of its constitution, a local revenue law made under the First Nations Fiscal and Statistical 51. For greater certainty, Management Act that is in force immediately before the (a) the fiduciary relationship between Her Majesty and First Nation becomes a recognized First Nation continues a recognized First Nation continues after the First in force as a law made under that Act until it is replaced Nation's date of recognition; and by a law enacted by the recognized First Nation. (b) as a recognized First Nation exercises its (4) Any law made by the First Nation in respect of matters law-making powers and authority following referred to in this section must be made in accordance recognition, fiduciary obligations owed by Her Majesty with the First Nations Fiscal and Statistical Management to the recognized First Nation will be as determined by Act. the common law respecting fiduciary relationships. 55. (1) Unless a law of a recognized First Nation 52. Except to the extent of any inconsistency with this otherwise provides, the Indian Oil and Gas Act and any Act, with any law of a recognized First Nation or with any regulations made under that Act apply to the recognized provision of its constitution, a by-law of the First Nation First Nation, its First Nation lands, its governing body, its made under the Indian Act, other than a by-law made citizens and its agents, whether incorporated or not, and to under section 83 of that Act, that is in force immediately a First Nation corporation wholly owned by the before the First Nation becomes a recognized First Nation recognized First Nation. continues in force as a law of the recognized First Nation until it is replaced by a law enacted by that recognized (2) In subsection (1), “First Nation corporation” means a First Nation. corporation incorporated under a law of Canada or a province, or under a law of a recognized First Nation, that 53. Except to the extent of any inconsistency with this has its head office on and carries on its business Act, with any law of a recognized First Nation or with any principally on the First Nation lands of the recognized provision of its constitution, a Land Code of the First First Nation and of which the majority of the shares are Nation adopted under the Framework Agreement on First held by Nation Land Management and the First Nations Land (a) the recognized First Nation, a citizen of the Management Act, that is in force immediately before the recognized First Nation, another First Nation or a First Nation becomes a recognized First Nation continues citizen of the First Nation, or any combination thereof, in force as a law of the recognized First Nation until it is or a corporation that is controlled by, or all the shares replaced by a law enacted by that recognized First Nation. of which are beneficially or legally owned by, any of them or any combination of them; or 54. (1) Except to the extent of any inconsistency with this Act, with any law of a recognized First Nation or with any (b) a person who holds the shares of the corporation for provision of its constitution, a law respecting the financial the benefit of the recognized First Nation, a citizen of administration of the First Nation made under the First the recognized First Nation, another First Nation or a Nations Fiscal and Statistical Management Act that is in citizen of the First Nation, or any combination of them. force immediately before the First Nation becomes a recognized First Nation continues in force as a law of the 56. Except to the extent of any inconsistency with this recognized First Nation until it is replaced by a law Act, with any law of a recognized First Nation or with any enacted by that recognized First Nation. provision of its constitution, a law or code made under the First Nations Oil and Gas and Moneys Management Act (2) A recognized First Nation that is named in the that is in force immediately before the First Nation schedule to the First Nations Fiscal and Statistical becomes a recognized First Nation continues in force as a Management Act is deemed to have entered into an law of the recognized First Nation until it is replaced by a agreement with the Government of Canada under law enacted by that recognized First Nation. paragraph 33(1)(c) of this Act with respect to the power to make laws over taxation, and the First Nations Fiscal and 57. Except to the extent of any inconsistency with this Act, any regulation made under the First Nations
Commercial and Industrial Development Act that applies recognized First Nation under this Act may not be to a recognized First Nation and that is in force deprived of citizenship in the recognized First Nation by immediately before the First Nation becomes a recognized reason only of a situation that existed, or an action that First Nation continues in force as a law of the recognized was taken, before the First Nation became a recognized First Nation until it is replaced by a law enacted by that First Nation under this Act. recognized First Nation. REGULATIONS 58. (1) Unless a law of a recognized First Nation Governor in Council otherwise provides, the Canada Lands Surveys Act and any regulations made under that Act apply to First Nation 62. The Governor in Council may, on the recommendation lands of the recognized First Nation. of the Minister and having due regard to any representa- tions made by First Nations to the Minister, make (2) A recognized First Nation may cause surveys to be regulations made of its First Nation lands in accordance with the (a) with respect to the appointment and conduct of a Canada Lands Surveys Act and the Canada Lands Verifier, including Surveyors Act. (i) qualifications of the Verifier, (3) For the purposes of subsection 29(3) of the Canada Lands Surveyors Act, in relation to the First Nation lands (ii) terms and conditions for the engagement of the of a recognized First Nation, surveys and plans must be Verifier, satisfactory to the governing body of the recognized First (iii) the form of certificates and notices to be issued Nation rather than to the Minister. by the Verifier, and 4) Subsection (3) does not apply in relation to boundaries (iv) powers of the Verifier to compel information and between the First Nations lands of a recognized First conduct inquiries into the conduct of a referendum or Nation and other lands. other approval process; (b) to give effect to any agreement entered into with a 59. (1) The environmental standards established by or recognized First Nation to recognize additional under any Act of Parliament or the legislature of a law-making powers or other powers of the First Nation, province apply in respect of the First Nation lands of a including recognized First Nation until the recognized First Nation (i) adapting any provision of this Act or of any enacts its own environmental laws. regulation made under this Act, and (2) If a recognized First Nation enacts environmental (ii) restricting the application of any provision of this standards, the standards must be no less stringent and no Act or of any regulation made under this Act; less protective of the environment than the least stringent (c) with respect to the alienation of interests in the First of the environmental standards that would be otherwise Nation lands of a recognized First Nation, including applicable under federal or provincial law. (i) procedures in respect of land exchanges and AMENDMENTS TO ACTS additions to First Nation lands, (ii) compensation to be provided to a First Nation Consultation required where Her Majesty seeks to expropriate First Nation 60. No Minister of the Crown may introduce in a House of lands, Parliament any bill, including a bill to amend this or any (iii) the status of lands once exchanged or other Act of Parliament, that would affect any right of a expropriated, recognized First Nation under this Act before providing the recognized First Nation with a reasonable opportunity (iv) reversionary interest in First Nation lands, to consider the proposed bill and giving due consideration (v) the return of lands to a First Nation when the to any representations made by the First Nation. lands are no longer required for the purposes for which they are expropriated, and SAVING Citizenship protected (vi) the resolution of disputes, including mediation and arbitration — including binding arbitration; 61. A person who had a right to membership in a First Nation immediately before that First Nation became a (d) with respect to the fiscal relations between a recognized First Nation and Her Majesty, including
(i) giving effect to any tax or revenue sharing (c.1) members of the governing body of a recognized agreement between a First Nation and Her Majesty, First Nation, within the meaning of the First Nations Self-Government Recognition Act, persons on their (ii) the coordination of the administration of the tax staff or employees of that governing body; system of a First Nation and the federal tax system, and Payments in Lieu of Taxes Act (iii) the terms and conditions of federal transfers to recognized First Nations and the calculation of those 67. The definition “taxing authority” in subsection 2(1) of transfers; and the Payments in Lieu of Taxes Act is amended by adding the following after paragraph (b): (e) generally, for carrying out the purposes and provisions of this Act. (b.1) any governing body of a recognized First Nation, within the meaning of the First Nations PART 6 Self-Government Recognition Act, that levies and collects a real property tax or a frontage or area tax in CONSEQUENTIAL AMENDMENTS respect of First Nation lands as defined in that Act; AND COMING INTO FORCE Access to Information Act Privacy Act 63. Subsection 13(3) of the Access to Information Act is 68. (1) Paragraph 8(2)(f) of the Privacy Act is replaced by amended by striking out “or” at the end of paragraph (f), the following: by adding “or” at the end of paragraph (g) and by adding (f) under an agreement or arrangement between the the following after paragraph (g): Government of Canada or an institution thereof and the government of a province, the governing body of a (h) the governing body of a recognized First Nation, recognized First Nation within the meaning of the First within the meaning of the First Nations Nations Self-Government Recognition Act, the council Self-Government Recognition Act. of the Westbank First Nation, the council of a participating First Nation — as defined in subsection Fishing and Recreational Harbours Act 2(1) of the First Nations Jurisdiction over Education in 64. The definition “agency” in section 2 of the Fishing British Columbia Act – the government of a foreign and Recreational Harbours Act is amended by striking out state, an international organization of states or an “and” at the end of paragraph (c), by adding “and” at the international organization established by the govern- end of paragraph (d) and by adding the following after ments of states, or any institution of any such govern- paragraph (d): ment or organization, for the purpose of administering (e) a governing body of a recognized First Nation, or enforcing any law or carrying out a lawful within the meaning of the First Nations investigation; Self-Government Recognition Act. (2) Subsection 8(6) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end Indian Act of paragraph (d) and by adding the following after 65. The portion of subsection 87(1) of the Indian Act paragraph (d): before paragraph (a) is replaced by the following: (e) a recognized First Nation within the meaning of the First Property exempt from taxation Nations Self-Government Recognition Act. 87. (1) Notwithstanding any other Act of Parliament or 69. Subsection 19(1) of the Act is amended by striking out “or” any Act of the legislature of a province, but subject to at the end of paragraph (e), by adding “or” at the end of section 83, section 5 of the First Nations Fiscal and paragraph (f) and by adding the following after paragraph (f): Statistical Management Act and subsection 33(1) of the (g) the governing body of a recognized First Nation within First Nations Self-Government Recognition Act, the the meaning of the First Nations Self-Government following property is exempt from taxation: Recognition Act.
Lobbying Act COMING INTO FORCE
66. Subsection 4(1) of the Lobbying Act is amended by 70. This Act comes into force on the day that is one year after adding the following after paragraph (c): the day on which it receives royal assent or on any earlier day that may be fixed by order of the Governor in Council.