Bill S-234

2nd Session, 39th Parliament,

56-57 Elizabeth II, 2007-2008

senate of canada

BILL S-234

An Act to establish an assembly of the aboriginal peoples of Canada and an executive council

WHEREAS Canada would be strengthened by a renewed relationship with aboriginal peoples in which aboriginal persons participate more fully and directly in the decision-making processes of Canadian institutions of government;

AND WHEREAS the Royal Commission on Aboriginal Peoples recommended the creation of an aboriginal parliament, not as a substitute for self-government by aboriginal nations, but rather as an additional institution for enhancing the representation of aboriginal peoples within Canadian federalism;

NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Assembly of the Aboriginal Peoples of Canada Act.

INTERPRETATION

2. The definitions in this section apply in this Act.

“aboriginal peoples” includes the First Nations, Inuit and Métis peoples of Canada.

“aboriginal person” means a member of an aboriginal people.

“assembly” means the assembly of the aboriginal peoples of Canada established under subsection 3(1).

“executive council” means the aboriginal executive council established under subsection 32(1).

“First Nations” has the same meaning as the word “Indian” in section 35 of the Constitution Act, 1982.

“First Nations chamber” means the chamber for the First Nations members of the assembly provided for under subsection 3(2).

“Inuit chamber” means the chamber for the Inuit members of the assembly provided for under subsection 3(2).

“Métis chamber” means the chamber for the Métis members of the assembly provided for under subsection 3(2).

“separate chamber” means the First Nations chamber, the Inuit chamber or the Métis chamber provided for under subsection 3(2).

CONSTITUTION

3. (1) There is hereby established an assembly of the aboriginal peoples of Canada.

(2) The members of the assembly shall sit in full assembly and in divisional assemblies that meet as separate chambers for the First Nations, Inuit and Métis members.

(3) The assembly shall set, from time to time, by resolution, the number of its members, including the number of members of each of the separate chambers, subject to the following requirements:

(a) the number of members of the assembly shall not exceed the maximum number of members of the Senate of Canada provided for under section 21 of the Constitution Act, 1867; and

(b) the number of members of each of the separate chambers shall be proportionate to the population of the aboriginal people represented by each chamber.

(4) For greater certainty, the assembly and each of the separate chambers may establish committees.

(5) The assembly and the separate chambers shall each meet at least once a year.

4. (1) The assembly shall establish, from time to time, by resolution, the method of selection of its members, their qualifications, their terms of office and their replacement.

(2) The members of the assembly must be aboriginal persons.

(3) The assembly shall not establish selection criteria or qualifications for its members that discriminate against a person by reason of their language, religion, sex, sexual orientation, marital status, family status, social condition, mental or physical disability or conviction for an offence for which a pardon has been granted.

(4) Despite subsection (3), the method of selection of assembly members shall ensure that at least one-third of the members are male persons and at least one-third are female persons.

5. (1) The method of selection of assembly members shall be entirely or substantially democratic in nature.

(2) Every aboriginal person who has the right to vote in an election of members to the House of Commons has the right to vote in an election of members to the assembly.

(3) The Chief Electoral Officer shall assist the assembly in organizing elections of its members and shall, at the choice of the assembly, either conduct the election of members to the assembly or audit the conduct of such elections.

6. The assembly shall by resolution determine the nomenclature to be used in respect of it and its members, including the name of the assembly and the titles of its members and officers.

7. (1) Every member of the assembly shall, before taking his or her seat therein, take and subscribe before the Governor General or some person authorized by the Governor General the following oath of allegiance:

I, A.B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II.

(2) In addition to the oath under subsection (1), every member of the assembly shall, before taking his or her seat therein, take and subscribe before the clerk of the assembly the following oath of allegiance:

I, A.B., do swear that I will be faithful and bear true allegiance to all of creation, our ancestors and relations of Mother Earth.

(3) For greater certainty, the name of the King or Queen of Canada for the time being is to be substituted from time to time in the text of the oath of allegiance set out in subsection (1).

8. The assembly may require every member of the assembly to take and subscribe from time to time, before the clerk of the assembly, a declaration that the member is qualified to be a member, the text of which has been adopted by the assembly for the purpose.

9. A member may, by notice in writing, signed by the member and delivered to the speaker, resign his or her place in the assembly.

10. (1) The seat of the assembly shall be in Ottawa.

(2) The assembly shall ordinarily meet in Ottawa but may decide, by resolution, to meet elsewhere within Canada.

11. (1) English and French shall be among the official languages of the assembly.

(2) English or French may be used by any person in the debates of the assembly.

(3) English and French shall be used in the records, journals and publications of the assembly.

MANDATE AND FUNCTIONS

12. (1) The assembly shall meet to deliberate on the affairs of aboriginal peoples and aboriginal persons in Canada, to investigate into matters of concern to aboriginal peoples and aboriginal persons and to carry out such other functions as are assigned to it by this Act.

(2) Without limiting the generality of the foregoing, the assembly may investigate, deliberate and adopt resolutions concerning the following matters:

(a) relations between aboriginal peoples, aboriginal persons and their representatives in Canada and all levels of govern-ment in Canada;

(b) relations between aboriginal peoples, aboriginal persons and their representatives in Canada and aboriginal peoples and aboriginal persons of countries other than Canada and their representatives;

(c) aboriginal rights, treaties, treaty rights and land issues in Canada;

(d) issues relating to aboriginal peoples and aboriginal persons in Canada, including issues concerning aboriginal self-government and shared government and other issues concerning the government of aboriginal peoples and aboriginal persons, and including issues concerning the rights and freedoms of aboriginal peoples and aboriginal persons;

(e) the law governing aboriginal peoples and aboriginal persons in Canada;

(f) actions and omissions of the Parliament and Government of Canada and of the legislative assemblies and governments of each of the provinces and territories, as they affect aboriginal peoples and aboriginal persons;

(g) government spending as it relates to aboriginal peoples and aboriginal persons in Canada;

(h) aboriginal lands, waters and natural resources in Canada, and the environment as it relates to these;

(i) aboriginal identity, education, language, tradition, culture and social life; and

(j) matters that the assembly accepts to have referred to it by aboriginal organizations and that are within the power of the organization to refer.

(3) In paragraph (2)(j), “organization”includes a government, institution, corporation, partnership or person.

13. (1) The assembly may consider, on its own initiative, concurrently with either House of Parliament, any motion for a resolution to amend the Constitution of Canada that is moved in the Senate or House of Commons or any bill that is introduced in either House.

(2) If the assembly considers a motion or bill under subsection (1), it shall give written notice by message to each House of Parliament.

(3) Either the Senate or the House of Commons may, by message, transmit to the assembly, for its consideration and response, a copy of a motion for a resolution to amend the Constitution of Canada or a copy of any bill that is being considered by that House.

(4) The House that transmits a motion or bill under subsection (3) shall suspend its consideration of that motion or bill pending a response from the assembly, but may resume its consideration of the motion or bill as of the date set in the transmission message for a response.

(5) Where the assembly has completed its consideration of a motion or bill under subsection (1) or (3) and wishes to report to Parliament, the assembly shall report to both Houses.

14. (1) The Senate, the House of Commons or both Houses of Parliament may invite the assembly to create a joint committee composed of members of one or both Houses of Parliament and members of the assembly for the purpose of studying any matter other than a motion for a resolution to amend the Constitution of Canada or a bill.

(2) For greater certainty, a joint committee created under subsection (1) is a parliamentary committee and has the privileges, immunities and powers of a parliamentary committee.

GOVERNANCE

15. The privileges, immunities and powers to be held, enjoyed and exercised by the assembly and by its members shall be those held, enjoyed and exercised by the Senate of Canada and by its members.

16. (1) The assembly shall provide for its internal affairs and governance.

(2) Without limiting the generality of subsection (1), the assembly shall provide for the procedures of the assembly and the separate chambers and the relationships between the assembly and the separate chambers.

(3) The procedures referred to in subsection (2) shall provide that the assembly not act in relation to a matter that relates exclusively to the aboriginal people represented by a separate chamber without the support of that chamber.

(4) In subsection (3), “act” includes deliberate, investigate, adopt a resolution, consider a motion or bill or give approval.

17. The assembly shall provide for the selection of a speaker.

18. (1) The assembly may regulate the conduct of its members and provide for their discipline, including their suspension and removal.

(2) In providing for the discipline of its members, the assembly may provide for dispute resolution mechanisms for members of a separate chamber that are in accord with the traditions and protocols of the aboriginal people represented by that chamber.

(3) No later than one year after the day of its first sitting, the assembly shall adopt rules for regulating and preventing the conflicts of interest of members.

(4) The assembly may, by resolution, request the Governor in Council to provide it with an independent and autonomous officer to perform the duties and functions assigned by the assembly for governing the conduct of its members when carrying out the duties and functions of their office.

19. (1) The assembly shall establish a committee to assist in the internal governance of the assembly, including its administrative and financial affairs.

(2) The committee has the capacity of a natural person and may

(a) enter into contracts, memoranda of understanding or other arrangements in the name of the assembly or in the name of the committee; and

(b) do all such things as are necessary or incidental to the exercise of its powers or the carrying out of its functions.

(3) Subject to the direction and control of the assembly, the committee may act on all financial and administrative matters respecting

(a) the assembly, its premises, its services and its staff; and

(b) the members of the assembly.

20. (1) The members of the assembly shall be paid the remuneration set by the assembly.

(2) The remuneration of the members shall not exceed the amounts paid to senators who hold similar positions or carry out similar functions.

SECRETARIAT

21. (1) The assembly shall, by resolution, establish a secretariat and appoint a clerk of the assembly and a law clerk of the assembly, both of whom hold office at pleasure.

(2) The clerk of the assembly is the chief adviser to the assembly and the chief executive officer of the secretariat.

22. (1) The assembly shall provide for its officers, employees and other staff, and for their salaries and benefits.

(2) The salaries and benefits of the officers, employees and other staff of the assembly shall not exceed those payable to the staff of the Senate of Canada who hold similar positions.

23. (1) The Auditor General of Canada is the auditor of the secretariat of the assembly.

(2) The Auditor General shall report all audits of the secretariat to the speaker of the assembly.

FINANCES

24. (1) Prior to each fiscal year, the committee established under section 19 shall cause to be prepared an estimate of the sums that will be required to be provided by Parliament for the payment of the charges and expenses of the assembly and of its members during the fiscal year.

(2) The committee may cause supplementary estimates to be prepared during the fiscal year.

(3) The estimates referred to in subsections (1) and (2) shall be transmitted to the assembly and the President of the Treasury Board, who shall lay them before the House of Commons with the estimates of the government for the relevant period.

(4) The assembly shall adopt the estimates as received or as amended by it.

25. There is hereby granted to Her Majesty, out of any unappropriated moneys forming part of the Consolidated Revenue Fund, an annual sum sufficient to enable Her Majesty to pay the remuneration of the members of the assembly.

26. (1) Credits for all sums voted by Parliament and payable in respect of charges and expenses of the assembly and of the members of the assembly shall issue from time to time.

(2) No credit shall issue under subsection (1) until the assembly has adopted the estimates on which the appropriation was based.

(3) Credits referred to in subsection (1) shall issue on one of the banks in Canada in favour of the clerk of the assembly and the chief financial officer of the assembly, or such other persons as the assembly from time to time designates for the purpose.

(4) The clerk of the assembly shall, by an order signed by the clerk, apply for such credits as the clerk deems necessary.

PROVISIONAL ASSEMBLY

27. (1) The first assembly shall be a provisional assembly consisting of the persons summoned under subsection 29(1).

(2) The term of the provisional assembly shall be two years or such lesser term as the assembly may, by resolution, decide.

(3) The provisional assembly is governed by this Act with such modifications as the circumstances require.

28. (1) The provisional assembly shall decide those matters that must be decided, establish such infrastructure as is required and take such other actions as seem to it useful in order to facilitate the meeting of an assembly, as contemplated by this Act, no later than one year after the end of the term of the provisional assembly.

(2) The provisional assembly shall not carry out any duties or functions or exercise any powers of the assembly other than those required to facilitate the creation and meeting of an assembly as contemplated by this Act.

29. (1) The Governor General shall, by instrument under the Great Seal of Canada, summon aboriginal persons to the provisional assembly and, subject to the provisions of this Act, every person so summoned shall become and be a member of the provisional assembly and of a separate chamber, as specified in the instrument.

(2) Prior to persons being recommended for summoning under subsection (1), the Speaker of the Senate, the Speaker of the House of Commons and a third person, selected by the two Speakers from the membership of the Indigenous Bar Association in Canada, shall appoint a committee of aboriginal persons to

(a) consult with representatives of the aboriginal peoples with respect to the selection of the aboriginal persons to be summoned under subsection (1); and

(b) report to the Prime Minister with respect to those consultations.

(3) The committee appointed under subsection (2) shall have at least seven members and no more than fifteen members.

(4) The committee appointed under subsection (2) may retain advisers to assist the committee.

30. (1) The Governor General shall, by proclamation, summon and call together the provisional assembly to first meet on a day specified in the proclamation.

(2) The Governor General may, by proclamation, postpone the day specified in the proclamation made under subsection (1) by substituting a new day for the first meeting.

(3) The date the provisional assembly first sits must be a day on which a House of Parliament sits.

31. (1) The following requirements shall govern the selection of persons to be recommended to the Governor General for the purpose of being summoned as members of the provisional assembly:

(a) there shall be First Nations, Inuit and Métis members;

(b) the number of members from each aboriginal nation or confederacy of aboriginal nations shall be proportionate to the population of the nation or confederacy, subject to variations to provide for more effective representation by taking into account considerations of geography, community history and community interests, the population of smaller nations and any other relevant considerations, and subject to the requirement in paragraph (c);

(c) for each province and territory there shall be at least two members who are residents of it;

(d) at least one-third of the members shall be male persons and at least one-third shall be female persons; and

(e) the number of members of the provisional assembly shall not exceed the maximum number of members of the Senate of Canada provided for under section 21 of the Constitution Act, 1867.

(2) In subsection (1), “aboriginal nation” means an aboriginal people that self-identifies as an aboriginal nation because its members are bound by common ties, whether of history, geography, religion, language, culture, or any combination of some or all of these or other ties.

CONSTITUTION

32. (1) There is hereby established an aboriginal executive council.

(2) The executive council shall be composed of the following members:

(a) a chair elected by the assembly from among its members;

(b) three members elected by the assembly from among its members; and

(c) from each separate chamber, one member elected by it from among its members.

(3) Each member of the executive council holds office at the pleasure of the assembly or chamber that elected the member and until such time as he or she is removed by resolution of that assembly or chamber.

(4) A member of the executive council continues to hold office during periods of prorogation and dissolution of the assembly.

(5) Despite subsections (3) and (4), a member of the executive council may, by notice in writing, signed and delivered to the speaker of the assembly, resign from his or her office.

33. The executive council is accountable to the assembly in all matters.

34. The assembly shall by resolution determine the nomenclature to be used in respect of the executive council and the chair.

35. The members of the executive council shall, at the time of taking office, take and subscribe before the speaker of the assembly an oath of office, the text of which shall be adopted by the assembly.

36. The seat of the executive council shall be in Ottawa.

37. (1) English and French shall be among the official languages of the executive council and its staff.

(2) English or French may be used by any person in the work of the executive council.

(3) A member of the public in Canada has the same right to communicate with and to receive available services from the executive council in English and French as the member of the public has to communicate with and to receive available services from federal institutions in accordance with Part IV of the Official Languages Act.

DUTIES AND FUNCTIONS

38. (1) The executive council shall exercise the executive duties and functions assigned to it by the assembly.

(2) For greater certainty, the assembly may only assign duties and functions that are within its power to assign.

39. Whenever the Prime Minister of Canada meets with the first ministers of the provinces and territories, the chair of the executive council shall be invited to attend all proceedings and shall have the rank of a first minister.

ADMINISTRATION

40. (1) The members of the executive council shall be paid the remuneration set by the assembly.

(2) The remuneration of the chair of the executive council shall not exceed the maximum of the remunerations paid to the premiers of the territories.

(3) The remuneration of the members of the executive council other than the chair shall not exceed the maximum of the remunerations paid to the ministers of the territories.

41. The executive council has the capacity of a natural person and may

(a) enter into contracts, memoranda of understanding or other arrangements; and

(b) do all such things as are necessary or incidental to the exercise of its powers or the carrying out of its duties and functions.

42. The executive council has the power to employ any officers and employees and may engage the services of any agents, advisers and consultants that it considers necessary to properly carry out the duties and functions of the executive council.

43. The executive council may authorize any member of the executive council or any member of the staff of the executive council to exercise any of the powers or carry out any of the duties or functions of the executive council.

44. The salaries and benefits for positions within the staff of the executive council shall be fixed by the executive council, but shall not exceed those payable in the federal public administration for similar positions.

45. (1) The chair of the executive council shall, within three months after the end of each fiscal year, table a report on the activities and performance of the executive council in the assembly.

(2) Upon being tabled in the assembly, the report referred to in subsection (1) shall be transmitted to the Speakers of the Senate and the House of Commons, who shall table it in their respective Houses.

46. (1) The Auditor General of Canada is the auditor of the executive council.

(2) The Auditor General shall report all audits of the executive council to the speaker of the assembly, who shall table them in the assembly.

FINANCES

47. (1) Prior to each fiscal year, the executive council shall cause to be prepared an estimate of the sums that will be required to be provided by Parliament for the payment of the charges and expenses of the executive council and of the members of the executive council during the fiscal year.

(2) The executive council may cause supplementary estimates to be prepared during the fiscal year.

(3) The estimates referred to in subsections (1) and (2) shall be transmitted to the assembly and to the President of the Treasury Board, who shall lay them before the House of Commons with the estimates of the government for the relevant period.

(4) The assembly shall adopt the estimates as received or as amended by it.

48. (1) Credits for all sums voted by Parliament and payable in respect of the charges and expenses of the executive council and of the members of the executive council shall issue from time to time.

(2) No credit shall issue under subsection (1) until the assembly has adopted the estimates on which the appropriation was based.

(3) Credits referred to in subsection (1) shall issue on one of the banks in Canada in favour of the executive council.

(4) The executive council shall, by written order, apply for such credits as the executive council deems necessary.

NON-DEROGATION

49. For greater certainty, nothing in this Act derogates from any authority of the Queen, Parliament or the Government of Canada.

WINDING UP OF DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT

50. (1) The Minister of Indian Affairs and Northern Development shall table in Parliament a proposal and draft legislation to provide for the winding up of the Department of Indian Affairs and Northern Development.

(2) The proposal and draft legislation required under subsection (1) shall be developed in consultation with the executive council and shall not be tabled without the approval of the assembly.

BILL TO MAKE CONSEQUENTIAL AMENDMENTS

51. Within one year after this Act is assented to, the Minister of Justice shall introduce a bill to make such amendments to other Acts as are advisable to give effect to this Act and the following principles:

(a) the other Acts should apply to the assembly and its staff in the same way as those Acts apply to the Senate of Canada and its staff, with such modifications as the circumstances require; and

(b) the other Acts should apply to the executive council and its staff in the same way as those Acts apply to the Government of Canada and its staff, with such modifications as the circumstances require.

COMING INTO FORCE

52. (1) Subject to subsection (2), the provisions of this Act other than section 51 come into force on a day or days to be fixed by order of the Governor in Council.

(2) No order may be made under subsection (1) unless the appropriation of moneys for the purposes of this Act has been recommended by the Governor General and such moneys have been appropriated by Parliament.