ENGLISH
• SUMMARY
SUMMARY
• TABLE OF PROVISIONS
TABLE OF PROVISIONS
• Short Title
Short Title
• Interpretation
Interpretation
• Purposes of Act
Purposes of Act
• Treaties
Treaties
• Métis Governments
Métis Governments
• Supplementary Self-Government Agreements
Supplementary Self-Government Agreements
• Taxation
Taxation
• General
General
• Transitional Provision
Transitional Provision
• Consequential Amendments
Consequential Amendments
• Access to Information Act
Access to Information Act
• Privacy Act
Privacy Act
• Coordinating Amendments
Coordinating Amendments
• SCHEDULE Métis Governments, Métis Collectivities, Treaties and Coming-into-force Dates
SCHEDULE Métis Governments, Métis Collectivities, Treaties and Coming-into-force Dates

SUMMARY

Short Title

Short title

1 This Act may be cited as the Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act.

Interpretation

Definitions

2 The following definitions apply in this Act.

Métis government means a government that is set out in column 1 of the schedule.‍ (gouvernement métis)

Métis government law means a law that is made by a Métis government and that is referred to in section 9.‍ (loi du gouvernement métis)

supplementary self-government agreement means, except in section 11, a supplementary self-government agreement that is entered into by a Métis government and His Majesty in right of Canada and that is in force, as amended from time to time in accordance with its provisions.‍ (accord complémentaire en matière d’autonomie gouvernementale)

tax treatment agreement means a tax treatment agreement that is entered into by a Métis government and His Majesty in right of Canada, as amended from time to time in accordance with its provisions.‍ (accord sur le traitement fiscal)

treaty means, except in Insertion start sections 4.‍1 and Insertion end 5, a treaty that is entered into by a Métis government and His Majesty in right of Canada that is set out in column 3 of the schedule and that is in force, as amended from time to time in accordance with its provisions.‍ (traité)

Clarification

3 For greater certainty, each treaty is a treaty within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Rights of Indigenous peoples

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3.‍1 (1) For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

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Definition of Indigenous peoples of Canada

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(2) For the purpose of subsection (1), Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.

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Purposes of Act

Purposes

4 The purposes of this Act are to

• (a) advance, through government-to-government relationships, the recognition of the distinct identities, cultures and governance structures of the Métis;

• (b) advance the recognition of the right to self-determination, including the inherent right of self-government recognized and affirmed by section 35 of the Constitution Act 1982, of certain Métis collectivities and the recognition of the authority of Métis governments to act on behalf of those collectivities;

• (c) provide a framework for the implementation of treaties entered into by Métis governments and His Majesty in right of Canada; and

• (d) contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

Treaties

Tabling of treaties

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4.‍1 (1) If a treaty is entered into by a Métis government and His Majesty in right of Canada, the Minister of Crown-Indigenous Relations must cause to be tabled in each House of Parliament a copy of the treaty on any of the first 10 days on which that House is sitting after the treaty is entered into.

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Reference to parliamentary committee

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(2) After it is tabled, the treaty stands referred to the standing committee of each House of Parliament that normally considers matters relating to Indigenous peoples.

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Definition of Indigenous peoples

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(3) For the purpose of subsection (2), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.

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Order in council — coming into force

5 If the Governor in Council is satisfied that the requirements for the coming into force of a treaty entered into by a Métis government and His Majesty in right of Canada that are set out in the treaty have been met, the Governor in Council may, by order, Insertion start no earlier than 30 sitting days after the treaty has been tabled under section 4.‍1 Insertion end ,

• (a) fix the day on which the treaty comes into force; and

• (b) add the information needed to identify the treaty and the day on which it comes into force to columns 3 and 4, respectively, of the schedule opposite the Métis government set out in column 1 that is a party to the treaty.

Given effect

6 (1) A treaty is approved, given effect and declared valid and has the force of law.

Rights and obligations

(2) For greater certainty, a person or body has the powers, rights, privileges and benefits conferred on the person or body by a treaty and must perform the duties, and is subject to the liabilities, imposed on the person or body by the treaty.

Binding

(3) For greater certainty, a treaty is binding on, and may be relied on by, all persons and bodies.

Treaties prevail

7 (1) In the event of any inconsistency or conflict between a treaty and the provisions of this Act or any other Act of Parliament, or of any regulation made under this Act or any other Act of Parliament, the treaty prevails to the extent of the inconsistency or conflict.

Act prevails

(2) In the event of any inconsistency or conflict between the provisions of this Act and the provisions of any other Act of Parliament, or of any regulation made under any other Act of Parliament, the provisions of this Act prevail to the extent of the inconsistency or conflict.

Métis Governments

Recognition

8 ( Insertion start 1 Insertion end ) The Government of Canada recognizes that a Métis government set out in column 1 of the schedule is an Indigenous governing body that is authorized to act on behalf of the Métis collectivity, Insertion start including its citizens Insertion end , set out in column 2 opposite that Métis government and that the Métis collectivity holds the right to self-determination, including the inherent right of self-government recognized and affirmed by section 35 of the Constitution Act, 1982.

Definition of Indigenous governing body

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(2) In subsection (1), Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 and, for greater certainty, includes a Métis government.

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Right to self-determination

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8.‍1 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the right to self-determination of a Métis collectivity that has not authorized a Métis government set out in column 1 of the schedule to act on its behalf, including the inherent right of self-government recognized and affirmed by section 35 of the Constitution Act, 1982.

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Jurisdiction

9 A Métis government that is a party to a treaty has the jurisdiction set out in the treaty, including the authority to make laws in relation to the matters set out in the treaty and the authority to administer and enforce those laws.

Federal Courts Act

10 A Métis government is not a federal board, commission or other tribunal, as defined in subsection 2(1) of the Federal Courts Act.

Supplementary Self-Government Agreements

Tabling of supplementary agreements

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10.‍1 (1) If a supplementary self-government agreement is entered into by a Métis government and His Majesty in right of Canada, the Minister of Crown-Indigenous Relations must cause to be tabled in each House of Parliament a copy of the agreement on any of the first 10 days on which that House is sitting after the agreement is entered into.

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Reference to parliamentary committee

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(2) After it is tabled, the agreement stands referred to the standing committee of each House of Parliament that normally considers matters relating to Indigenous peoples.

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Definition of Indigenous peoples

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(3) For the purpose of subsection (2), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.

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Order in council — coming into force

11 If the Governor in Council is satisfied that the requirements for the coming into force of a supplementary self-government agreement entered into by a Métis government and His Majesty in right of Canada have been met, the Governor in Council may, by order, Insertion start no earlier than 30 sitting days after the agreement has been tabled under section 10.‍1 Insertion end , fix the day on which that agreement comes into force.

Given effect

12 (1) A supplementary self-government agreement is approved, given effect and declared valid and has the force of law.

Rights and obligations

(2) For greater certainty, a person or body has the powers, rights, privileges and benefits conferred on the person or body by a supplementary self-government agreement and must perform the duties, and is subject to the liabilities, imposed on the person or body by the supplementary self-government agreement.

Binding

(3) For greater certainty, a supplementary self-government agreement is binding on, and may be relied on by, all persons and bodies.

Taxation

Tax treatment agreements

13 A tax treatment agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect.

Not treaties

14 A tax treatment agreement does not form part of a treaty, and it is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

General

Judicial notice of treaties

15 (1) Judicial notice must be taken of a treaty, supplementary self-government agreement and tax treatment agreement.

Publication

(2) Each treaty, supplementary self-government agreement and tax treatment agreement must be published by the King’s Printer.

Evidence

(3) A copy of a treaty, supplementary self-government agreement or tax treatment agreement published by the King’s Printer is evidence of the treaty, supplementary self-government agreement or tax treatment agreement and of its contents and a copy purporting to be published by the King’s Printer is presumed to be so published unless the contrary is shown.

Judicial notice of Métis government laws

16 (1) Judicial notice must be taken of a Métis government law that is included in a public register of Métis government laws in accordance with the applicable treaty.

Evidence

(2) A copy of a Métis government law purporting to be included in a public register of Métis government laws is evidence of that law and of its contents unless the contrary is shown.

Notice

17 (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation, validity or applicability of a provision of this Act, a treaty, a supplementary self-government agreement or a Métis government law, then the issue must not be decided until the party raising the issue has served notice

• (a) on the Attorney General of Canada and each Métis government in the case of a provision of this Act;

• (b) on the Attorney General of Canada and the Métis government that is a party to the treaty in the case of a provision of a treaty;

• (c) on the Attorney General of Canada, the Métis government that is a party to the agreement and the Attorney General of a province, if any, that is a party to the agreement in the case of a provision of a supplementary self-government agreement; and

• (d) on the Métis government that made the law in the case of a provision of a Métis government law.

Content and timing

(2) The notice must

• (a) describe the proceeding;

• (b) state the subject matter of the issue;

• (c) state the date on which the issue is to be argued;

• (d) give the particulars that are necessary to show the point to be argued; and

• (e) be served at least 30 days before the day on which the issue is to be argued unless the court or tribunal authorizes a shorter period.

Participation in proceedings

(3) In any proceeding, the recipient of a notice may appear and participate as a party with the same rights as any other party.

Clarification

(4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.

Statutory Instruments Act

18 The Statutory Instruments Act does not apply to a Métis government law.

Orders and regulations

19 (1) The Governor in Council may make any orders and regulations that the Governor in Council considers necessary for the purpose of carrying out any of the provisions of this Act, a treaty, a supplementary self-government agreement, a tax treatment agreement or any other agreement related to the implementation of a treaty.

Collaboration — regulations

(2) The Governor in Council must ensure that the Métis government that is a party to the treaty or agreement has a meaningful opportunity to collaborate in the policy development leading to the making of the regulations for the purpose of carrying out a provision of a treaty or agreement.

Amendment or removal of information in schedule

20 The Governor in Council may, by order, on the recommendation of the Minister of Crown-Indigenous Relations, amend the schedule to amend or remove any information in column 1, 2, 3 or 4 if the Governor in Council is satisfied that the Métis government set out in that column 1 or set out in column 1 opposite that information has consented to the amendment or removal.

Transitional Provision

Actions and decisions deemed valid

21 Any action taken or decision made by a Métis government before the day on which the treaty to which it is a party came into force is deemed to have been validly taken or made to the extent that the action taken or decision made would have been valid under the treaty.

Consequential Amendments

R.‍S.‍, c. A-1

Access to Information Act

22 Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):

R.‍S.‍, c. P-21

Privacy Act

23 (1) Paragraph 8(2)‍(f) of the Privacy Act is amended by adding the following after subparagraph (vii):

(2) Subsection 8(7) of the Act is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):

24 Subsection 19(1) of the Act is amended by striking out “or” at the end of paragraph (f), by adding “or” at the end of paragraph (g) and by adding the following after paragraph (g):

Coordinating Amendments

2013, c. 25

25 (1) In this section, other Act means the Yale First Nation Final Agreement Act.

(2) If section 20 of the other Act comes into force before section 22 of this Act, then that section 22 is replaced by the following:

(3) If section 22 of this Act comes into force before section 20 of the other Act, then that section 20 is replaced by the following:

(4) If section 20 of the other Act comes into force on the same day as section 22 of this Act, then that section 20 is deemed to have come into force before that section 22 and subsection (2) applies as a consequence.

(5) If section 23 of the other Act comes into force before subsection 23(2) of this Act, then that subsection 23(2) is replaced by the following:

(6) If subsection 23(2) of this Act comes into force before section 23 of the other Act, then that section 23 is replaced by the following:

(7) If section 23 of the other Act comes into force on the same day as subsection 23(2) of this Act, then that section 23 is deemed to have come into force before that subsection 23(2) and subsection (5) applies as a consequence.

Bill S-13

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26 If Bill S-13, introduced in the 1^st session of the 44th Parliament and entitled An Act to amend the Interpretation Act and to make related amendments to other Acts, receives royal assent, then, on the first day on which both section 1 of that Act and section 3.‍1 of this Act are in force, that section 3.‍1 is repealed.

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