Bill C-503

3rd Session, 40th Parliament,

59 Elizabeth II, 2010

house of commons of canada

BILL C-503

An Act to amend the Department of Justice Act and make consequential amendments to another Act (aboriginal or treaty rights)

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

DEPARTMENT OF JUSTICE ACT

1. Subsection 4.1(1) of the Department of Justice Act is replaced by the following:

4.1 (1) Subject to subsection (2), the Minister shall, in accordance with such regulations as may be prescribed by the Governor in Council, examine every regulation transmitted to the Clerk of the Privy Council for registration purposes pursuant to the Statutory Instruments Act and every Bill introduced or presented to the House of Commons by a minister of the Crown, in order to ascertain whether any of the provisions thereof

(a) are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms; or

(b) abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

The Minister shall report any such inconsistency to the House of Commons at the first convenient opportunity.

STATUTORY INSTRUMENTS ACT

2. Subsection 3(2) of the Statutory Instruments Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph: