Bill S-16

1st Session, 38th Parliament,

53 Elizabeth II, 2004

senate of canada

BILL S-16

An Act providing for the Crown’s recognition of self-governing First Nations of Canada

WHEREAS the Royal Proclamation of 1763 recognizes that there were self-governing peoples living in the territory of Canada before Europeans arrived;

AND WHEREAS history records that the Crown entered into legal relations with certain nations, tribes and bodies of Indians;

AND WHEREAS these relations were premised not on conquest and unilateral control, but on principles established by treaties with the Crown, allowing for co-existence and the occupation of territory by the First Nations and by those who came after them, in the settlement that resulted in the establishment of the Dominion of Canada;

AND WHEREAS Parliament subsequently passed certain laws in relation to Indians and lands reserved for the Indians;

AND WHEREAS some of these laws have created a cumbersome, expensive and inefficient system of administration over Indians and their lands;

AND WHEREAS by subsection 35(1) of the Constitution Act, 1982, the aboriginal and treaty rights of the aboriginal peoples of Canada are recognized and affirmed;

AND WHEREAS Canada would be strengthened by a renewed relationship with the First Nations that reconciles Canadian sovereignty with indigenous self-determination and self-government;

AND WHEREAS Parliament wishes to recognize a permanent and safe place in Canada for self-governing First Nations and their lands, so that they may enjoy peaceful and good relations with those with whom they agree to share their traditional lands and territories;

AND WHEREAS Parliament wishes to affirm the responsibility of the Government to ensure that First Nations are free from molestation and from incursion into, interference with or dispossession of their lands by any government or person;

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 First Nations Government Recognition Act.

INTERPRETATION AND APPLICATION

2. (1) The definitions in this subsection apply in this Act.

“aboriginal lands”, with respect to a First Nation, means

(a) lands to which the First Nation has established aboriginal title;

(b) lands reserved for the Indians of the First Nation within the meaning of Class 24 of section 91 of the Constitution Act, 1867;

(c) any tracts of lands that have been reserved for the First Nation exclusively and to which legal title is vested in the Crown in trust, including reserves, surrendered lands and designated lands within the meaning of the Indian Act;

(d) lands acquired or owned by the First Nation, before or after it became recognized under this Act, that are declared by the Governor in Council to be the First Nation’s lands;

(e) lands restored to the First Nation, before or after it became recognized under this Act, pursuant to a claim against the Crown or any other person or a settlement of such a claim;

(f) lands for which the First Nation held title by treaty or royal proclamation before or after it becomes recognized under this Act;

(g) lands acquired by the First Nation, before or after it becomes recognized under this Act, as compensation for the expropriation, taking or ceding of any lands referred to in any of paragraphs (a) to (f); and

(h) lands designated and made aboriginal lands under section 21,

and, for greater certainty, aboriginal lands of a First Nation designated for administration by any body corporate and politic created under the laws of the First Nation do not cease to be aboriginal lands of the First Nation merely by reason of that designation.

“aboriginal title”, with respect to land, means a First Nation’s permanent interest in land that

(a) existed before the time the Crown asserted sovereignty over the territory where the land in question is located;

(b) does not originate in a grant from any other sovereign or government;

(c) is perpetual and passes from generation to generation;

(d) is inalienable except under section 17;

(e) includes any reversionary interest that the Crown might otherwise have or claim; and

(f) is held collectively by the members of the First Nation.

“elector”, in respect of a recognized First Nation, means a member of the First Nation who is an elector under the constitution of the First Nation;

“First Nation” means

(a) any body of indigenous people for whose use and benefit land has been reserved within the meaning of Class 24 of section 91 of the Constitution Act, 1867;

(b) any body of indigenous people who have aboriginal lands and are recognized as a nation, tribe, band or other body of aboriginal people by

(i) any treaty or agreement with the Crown, to which section 35 of the Constitution Act, 1982 applies,

(ii) the Indian Act or any other Act of Parliament, or

(iii) an order of a court of competent jurisdiction made on application by the body.

“First Nation corporation” means a corporation incorporated under a law of Canada or a province, or under a law of a recognized First Nation, that has its head office on and carries on its business principally on the aboriginal lands of the recognized First Nation and of which the majority of the shares are held by

(a) the recognized First Nation, a member, another First Nation or a member of it, or any combination thereof, or a body corporate that is controlled by, or all the shares of which are beneficially or legally owned by, any of them or any combination of them; or

(b) a person who holds the shares of the corporation for the benefit of the recognized First Nation, a member, another First Nation or a member of it, or any combination of them.

“member”, with respect to a recognized First Nation, means a member of the First Nation under its constitution.

“recognized First Nation” means

(a) a First Nation recognized under subsection 5(1); or

(b) two or more First Nations that become a single recognized First Nation by amalgamation under Part 3.

(2) This Act shall be read in respect of each recognized First Nation as a special Act applying to that First Nation.

(3) Aboriginal lands of a First Nation, subject to this Act, are

(a) except as provided in section 17, inalienable by the First Nation that holds them;

(b) entitled to the protection of the Government of Canada from incursion, molestation or interference by any other government or person; and

(c) to provide a permanent and safe place in Canada for the First Nation’s people, so that they may live in peace and harmony, and in a spirit of mutual respect and tolerance, with the many people of other cultures who have come to Canada.

STATEMENT OF PURPOSE

3. The purpose of this Act is to implement a framework and mechanism for the meaningful recognition of the rights and powers of recognized First Nations, and their governments, institutions and other bodies.

PART 1

SELF-GOVERNMENT

Proposal to Electors

4. (1) A First Nation that proposes to become a recognized First Nation must submit a proposal for self-government to its electors for approval by referendum.

(2) A proposal shall consist of

(a) a constitution that specifies the manner in which the First Nation will be governed; and

(b) the information required under subsection (5).

(3) For the purposes of this section,

(a) the electors are the members of the First Nation who are eighteen years of age or more on the day of the referendum; and

(b) the members of a First Nation are

(i) for a First Nation that maintains its own membership list, the natural persons who are on that membership list, and

(ii) for a First Nation that does not maintain its own membership list, the natural persons who are on the membership list maintained by the Government of Canada and are confirmed by the First Nation,

and if a membership list maintained by a First Nation differs from a membership list maintained by the Government of Canada, the list of the First Nation prevails unless otherwise ordered by a court of competent jurisdiction.

(4) No person may vote by proxy in a referendum under this Part, but a proposal may provide for a mailed ballot.

(5) A proposal under subsection (1) shall, in addition to the proposed constitution, contain the following information:

(a) the identification of the First Nation;

(b) the name proposed for the First Nation when it becomes recognized under this Act;

(c) a description of the aboriginal lands of the First Nation that is sufficient to determine their boundaries;

(d) details of the treaties and agreements previously entered into between the Crown in any right and the First Nation, or on its behalf;

(e) a description of the tribal patrimony and other resources to which the First Nation has established its right and the expenses and sources of revenue it anticipates in the future;

(f) a copy of any report received from the Auditor General under subsection (8) and any statement required under subsection (9);

(g) the approximate number of electors eligible to participate in the referendum; and

(h) the name of the person who will be appointed as an election officer to conduct the referendum, and the names of a reasonable number of persons to act as replacement election officers in case the election officer is unable to conduct the referendum.

(6) The constitution mentioned in subsection (2) shall be either the model constitution in Schedule 1 or a constitution that

(a) provides for the determination of membership of the recognized First Nation;

(b) determines the qualifications of electors of the First Nation;

(c) provides for

(i) a governing body for the First Nation, comprised of electors, and

(ii) the appointment or election of an elector to fill a vacancy in the body if a member of the body becomes unable or unwilling to act;

(d) establishes rules and procedures relating to the selection and tenure of the members of the governing body;

(e) provides for a body of elders or other persons and the manner in which they are to participate in the governance of the First Nation;

(f) prescribes the subject matters on which the First Nation may legislate, which may be all or any of the matters in Schedule 2;

(g) establishes rules and procedures by which the laws of the First Nation are to be enacted and published;

(h) prescribes a system of financial management and accountability whereby

(i) the accounts of the First Nation are maintained, and its financial statements prepared annually, in accordance with generally accepted accounting principles, and

(ii) the financial statements

(A) are audited, in accordance with generally accepted auditing standards by an independent auditor who is a member in good standing of an association of auditors incorporated under the laws of Canada or a province,

(B) include a statement of the remuneration and expenses paid to each member of the governing body, and

(C) are made publicly available within six months after the end of the fiscal year, and a copy provided to any person requesting one on payment of a reasonable fee;

(i) provides for procedures for redress of grievances and dispute resolution;

(j) prescribes procedures for calling annual general meetings and other assemblies of the electors and the matters to be placed before them for approval or deliberation;

(k) prescribes a process for the amendment of the constitution of the First Nation by its electors;

(l) prescribes the decisions that may be made by the governing body and those that must be made by the electors;

(m) provides that no vote may be exercised by proxy; and

(n) provides for any other matter that the proponents wish to include relating to the governance of the First Nation.

(7) The First Nation shall submit the proposed constitution to the Auditor General of Canada before it is presented to the electors.

(8) The Auditor General shall examine the constitution submitted under subsection (7) and report to the First Nation, within 90 days after receiving it,

(a) giving an opinion whether the proposed constitution has proper provisions for good governance;

(b) giving an opinion whether the proposed constitution complies with subsection (6); and

(c) if the opinion is that the proposed constitution does not provide for good governance or does not comply with subsection (6), stating the reasons it does not so provide or comply and suggesting changes that would provide for good governance and make the proposed constitution comply with subsection (6).

(9) If the Auditor General has given an opinion that a constitution submitted does not provide proper provisions for good governance or does not comply with subsection (6), the First Nation may

(a) propose it to the electors amended in accordance with changes suggested under paragraph (8)(c), or

(b) propose it with none or some of the suggested changes to the electors, in which case the First Nation must also provide a statement of the reasons all the suggested changes were not made.

(10) The First Nation shall provide copies of the proposed constitution, any report received under subsection (8) and any statement prepared under subsection (9), to all of the electors of the First Nation not less than 60 days before the day set for the referendum.

(11) A defect or omission that is not of a substantial nature in the proposed constitution or in any other document or matter that precedes the holding of a referendum does not invalidate the referendum or its outcome.

Recognition of a First Nation

5. (1) When a proposal for a First Nation to become a recognized First Nation has been referred to the electors of the First Nation, and

(a) the number of electors who have voted in the referendum is not less than two thirds of all the electors,

(b) not less than two thirds of all those who have voted have approved the proposal and

(c) the resultant number approving the proposal is not less than fifty per cent of all the electors,

the First Nation becomes a recognized First Nation governed under the constitution approved by the referendum, and is recognized as a self-governing political entity.

(2) The recognition is effective on the day specified therefor in the proposal, and under the name approved by the referendum.

(3) When a proposal is approved under this section, the election officer named in paragraph 4(5)(h) shall forthwith send a notice of the approval of the proposal to the President of the Queen’s Privy Council for Canada, who shall cause the notice to be published in the Canada Gazette.

6. A recognized First Nation is a self-governing body politic under this Act, with legal personality and perpetual succession, and with the capacity to exercise its inherent rights, powers and privileges and perform the functions described in its constitution and this Act.

Transitional Provisions

7. (1) The governing body of the First Nation in office immediately before it becomes a recognized First Nation, becomes the first governing body of the recognized First Nation for a period not exceeding six months from the day the First Nation becomes recognized; and the recognized First Nation shall select a governing body pursuant to its constitution to replace the first governing body before the expiry of that six month period.

(2) The persons who are officers and employees of the First Nation immediately before the First Nation is recognized under this Act are deemed to be the duly appointed officers and employees of the recognized First Nation until confirmed or removed by its governing body.

(3) Except as otherwise specified by this Act, all existing legal and equitable duties and obligations of the Crown owed to the First Nation prior to its recognition under this Act continue to be owed to the First Nation after its recognition under this Act.

(4) Except as otherwise specified by this Act, all existing legal and equitable duties that are owed to the Crown by the First Nation prior to its recognition under this Act continue to be owed by the First Nation after its recognition under this Act.

(5) Rights of the Crown or any person in the aboriginal lands of the First Nation that exist immediately before the First Nation is recognized under this Act, whether arising by law, grant or contract, are not affected by the recognition and continue according to their terms.

Legislation

8. (1) Subject to subsection (2), a recognized First Nation possesses the power to make laws respecting the First Nation and its members, lands, language, identity, culture, economy and obligations that are within those subject-matters enumerated in Schedule 2 that are included in its constitution, subject to any restrictions placed on the legislative power in the constitution.

(2) Subsection (1) does not establish a right to make laws respecting those matters reserved to Parliament by section 91 of the Constitution Act, 1867, except as specifically provided in Schedule 2.

(3) The laws of a recognized First Nation shall be enacted in the manner provided for in its constitution.

9. (1) A law of a recognized First Nation applies only within the aboriginal lands of the First Nation, unless otherwise provided for in this section.

(2) Despite subsection (1), a recognized First Nation may make laws in relation to a subject-matter in items 14, 15 or 18 to 22 of Schedule 2 that is included in its legislative powers under its constitution, that apply to its members while they are within or outside its aboriginal lands.

(3) A law of a recognized First Nation may be made applicable to its members and to any other person with respect to their acts or omissions within the aboriginal lands of the First Nation.

10. (1) A recognized First Nation shall make its constitution and other laws available to the public by either or both of :

(a) making them freely available on the Internet;

(b) making them available for scrutiny by the public during normal business hours at the main office of the governing body of the First Nation and providing copies on request at a reasonable charge per page.

(2) The Statutory Instruments Act does not apply to a law or to the constitution of a recognized First Nation, or to any rules or resolutions of the governing body of the First Nation.

Administration of Justice

11. A law of a recognized First Nation establishing a court or tribunal of criminal or civil jurisdiction pursuant to item 12 of Schedule 2 shall provide for

(a) security of tenure for members of the court or tribunal sufficient to ensure their independence and the appearance of independence from the governing body of the First Nation;

(b) a system of remuneration, if any, that is independent of any assessment by the governing body, the members of the First Nation or any member of the court or tribunal;

(c) a fair and impartial mechanism to remove a member of the court or tribunal in the event of serious misconduct;

(d) the application of the rules of evidence in civil or criminal matters in the same manner as in the province in which the First Nation is wholly or partially situated or, in the case of a federal offence, the application of the rules of evidence for offences under the Criminal Code or other federal statutes creating summary conviction offences; and

(e) a system for the prosecution of charges by the First Nation or, where the First Nation does not act, by an informant or by the Attorney General of Canada.

12. (1) Subject to the constitution of a recognized First Nation or the establishment of any court or tribunal by the First Nation, a federal court of competent jurisdiction or a court of competent jurisdiction in a province in which the First Nation is wholly or partially situated, as the case may be, has jurisdiction with respect to the enforcement of the laws of the First Nation.

(2) A decision of a court or tribunal established by a First Nation may be appealed to

(a) the Federal Court of Appeal; or

(b) the Court of Appeal of the province in which the First Nation is wholly or partially situated.

13. Every fine, penalty, victim surcharge, tax or forfeiture and interest thereon imposed under a law of a recognized First Nation or pursuant to this Act in respect of the First Nation belongs to the First Nation.

PART 2

TITLE AND MONEYS

14. Title to lands held by Her Majesty in right of Canada in which a First Nation has a beneficial interest at the time it becomes a recognized First Nation, shall be transferred to the recognized First Nation, to be held as its aboriginal lands.

15. (1) Section 14 does not affect any rights, obligations or interests in those lands lawfully acquired prior to the recognition of the First Nation.

(2) Every instrument evidencing existing rights, obligations or interests referred to in subsection (1) is presumed to be an instrument issued by the recognized First Nation in respect of those rights, obligations or interests until replaced by another such instrument issued by the First Nation.

(3) When a recognized First Nation issues an instrument to a holder of existing rights, obligations or interests under subsection (2), the instrument conveys the rights, obligations and interests unchanged, unless changes are agreed upon by that holder and the recognized First Nation.

16. Section 14 does not terminate any accrued rights of Her Majesty in right of Canada or a First Nation before it became recognized, including, without limiting the generality of the foregoing, any accrued rights in respect of operations conducted on aboriginal lands of a First Nation before it became recognized.

17. (1) No interest in any part of the aboriginal lands of a recognized First Nation can be alienated unless

(a) a referendum is held proposing the approval of the alienation, specifying the part of the lands and the interest in it to be alienated, the person to whom the interest is to be transferred and the terms and conditions of the proposed transfer; and

(b) the proposal is approved in the referendum by no less than eighty percent of all the electors of the First Nation.

(2) A recognized First Nation may by law authorize the registration of estates and interests in its aboriginal lands specified in the law and, for that purpose, may apply any laws of the province in which the lands are situated.

(3) All estates and interests that are in the aboriginal lands of a First Nation after it becomes recognized under this Act and that are not subject to a law made pursuant to subsection (2) continue to be registrable in the Reserve Land Register maintained pursuant to section 21 of the Indian Act.

18. No member of a recognized First Nation has any right or power to claim any interest in or to dispose of, encumber, sever or require a transfer of any interest in its aboriginal lands and assets, except to the extent that an interest in those lands or assets has been granted or transferred by the First Nation to the member in the manner provided in section 17.

19. Notwithstanding any other Act of Parliament, no interest in the aboriginal lands of a recognized First Nation, or any portion thereof, shall be expropriated by the Crown or any other entity.

20. (1) Subject to section 24, a recognized First Nation has the full and exclusive power, in conformity with its constitution and laws, to encumber any of its aboriginal lands and any rights or interests therein and to permit persons to occupy, use or reside on those lands or otherwise exercise any rights in respect of those lands.

(2) No encumbrance of any interest in the aboriginal lands of a recognized First Nation by way of lease, mortgage or otherwise, nor any licence in respect of those lands, is valid unless it conforms with its constitution and laws.

(3) No encumbrance made under subsection (1) may affect rights mentioned in subsection 15(1) or section 16.

21. (1) Subject to subsection (2) the constitution of a recognized First Nation may provide for lands it owns that are not aboriginal lands to be designated and made aboriginal lands by a referendum in which the designation is approved by the electors in the number and majority specified in subsection 5(1).

(2) The constitution of a recognized First Nation may not allow for lands to be designated and made aboriginal lands if

(a) the lands are not contiguous with other aboriginal lands of the First Nation;

(b) the lands are located within a municipality; or

(c) as a result of the lands becoming aboriginal lands, the aboriginal lands of and other lands owned by the recognized First Nation would completely surround any lands that are not aboriginal lands of the First Nation and are not otherwise owned by it.

(3) In subsection (2), “municipality” means a city, town, village or other such locality that is a local authority under the laws of the province in which it is located, but does not include a county or region.

(4) Despite subsection (2), the constitution may allow lands described in paragraphs (2)(a) and (b) to be designated and made aboriginal lands if the Lieutenant Governor in Council of the province in which the lands are situated consents.

22. (1) Moneys held by the Crown for the use and benefit of a First Nation shall be subjected to a suitable accounting and then transferred to the First Nation promptly after it becomes a recognized First Nation.

(2) The Crown remains responsible for moneys referred to in subsection (1) until the control of the moneys has been transferred to the recognized First Nation.

(3) No member has, by reason only of membership in a recognized First Nation, any claim to, or any power to dispose of, encumber, sever or require a transfer of any interest in, any of the moneys of the recognized First Nation.

(4) All moneys transferred by the Crown to be beneficially owned by a recognized First Nation and all accretions thereto are deemed always to be situated on the aboriginal lands of the First Nation.

(5) In this section, “suitable accounting” means a full and complete accounting, by means of an audit conducted by an independent auditor in accordance with generally accepted auditing standards of the Canadian Institute of Chartered Accountants or other accredited institute, of all moneys, including interest thereon, received, disbursed or held, or that should have been received, disbursed or held, for the use and benefit of the First Nation before it became a recognized First Nation.

23. (1) Section 87 of the Indian Act, as it reads on the coming into force of this Act, applies, subject to subsections (2) and (3) of this section and with such modifications as the circumstances require, to a recognized First Nation, its aboriginal lands and its members and to any body politic established by it.

(2) For the purpose of subsection (1), the reference in section 87 of the Indian Act to section 83 of that Act is deemed also to be a reference to this Act.

(3) Section 87 of the Indian Act applies in respect of a First Nation corporation as though it were an Indian.

24. Subject to this Act, to the constitution and laws of a recognized First Nation, and to any agreement to the contrary in respect of personal property to which the governing body of the First Nation has given its written consent, no interest in the aboriginal lands of the recognized First Nation and no personal property situated on those lands and belonging to the First Nation, a member, another First Nation, an Indian within the meaning of the Indian Act, or a First Nation corporation shall be mortgaged or otherwise encumbered as security, or be subject to any mode of civil execution, except in favour of the recognized First Nation, a member, another First Nation, an Indian within the meaning of the Indian Act, or a First Nation corporation.

25. Every transaction purporting to pass title to, or any interest in, any personal property of a recognized First Nation that is, or is deemed to be, situated on the aboriginal lands of the First Nation is void unless the transaction is entered into between members of the First Nation, a First Nation corporation or any combination of those parties.

26. A person who sells any personal property to a recognized First Nation, or to a member, an Indian within the meaning of the Indian Act, or a First Nation corporation, under an agreement made under the laws of a province whereby a right of property or right of possession to the thing remains wholly or in part in the seller, may exercise the seller’s rights under the agreement notwithstanding that the thing is situated on land referred to in section 24.

27. For the purposes of sections 22 to 26, personal property is deemed to be situated on aboriginal lands of a recognized First Nation if it was

(a) purchased for the use and benefit of the First Nation or its members

(i) by the Crown with First Nation moneys or with moneys appropriated by Parliament, or

(ii) by the First Nation with its moneys or with moneys appropriated by Parliament; or

(b) given to members or to the First Nation under a treaty or agreement between the First Nation and the Crown, or in satisfaction of a claim.

PART 3

ORGANIZATIONAL OPTIONS

28. (1) A recognized First Nation may authorize the division of the First Nation or its amalgamation with any other First Nation.

(2) A division of a recognized First Nation may be effected only with the approval of the First Nation electors, in a referendum in which the division is approved by the electors in the number and majority specified in subsection 5(1).

(3) An amalgamation of recognized First Nations may be effected only with the separate approval of the electors of each recognized First Nation, in a referendum in which the amalgamation is approved by the electors in the number and majority of electors specified in subsection 5(1).

(4) An amalgamation of a recognized First Nation and a First Nation that is not recognized under this Act may be effected only with

(a) the approval of the electors of the recognized First Nation in a referendum in which the amalgamation is approved by the electors in the number and majority specified in subsection 5(1); and

(b) the approval of the electors of the unrecognized First Nation in a referendum in which the amalgamation is approved by the electors, as defined in subsection 4(3), in the number and majority specified in subsection 5(1).

29. (1) Any two or more recognized First Nations may, by an agreement ratified through a law passed by each First Nation involved, establish a confederation of First Nations, to which the recognized First Nations that are parties to the agreement delegate legislative and administrative powers.

(2) A confederation established under subsection (1) has the power to make laws in relation to those matters that are delegated to it by the recognized First Nations that established it.

(3) A confederation of First Nations is a body politic with legal personality and perpetual succession and has the powers, rights and privileges held by the First Nations that establish it and that are delegated to it under subsection (2).

(4) The provisions of this Act that apply to a recognized First Nation apply, with the necessary modifications, to a confederation of First Nations.

PART 4

GENERAL

Rights and Liabilities

30. (1) For greater certainty,

(a) nothing in this Act abrogates or derogates from any existing legal or equitable right, aboriginal or treaty right, Royal Proclamation right, or other right, power or freedom that pertains to a First Nation or a recognized First Nation, its members or any other aboriginal peoples of Canada;

(b) nothing in this Act abrogates or derogates from any existing or future claim of a recognized First Nation;

(c) nothing in this Act nor any action taken under it is a waiver of

(i) the status of members as Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867, or

(ii) any existing aboriginal or treaty rights of any First Nation or its members; and

(d) nothing in this Act authorizes a recognized First Nation to enact a law that is inconsistent with the Constitution of Canada.

(2) This Act is binding on Her Majesty in right of Canada or a province.

(3) Notwithstanding the Canadian Human Rights Act, a law of a recognized First Nation may make a distinction on the basis of race or national or ethnic origin in the manner in which membership in the First Nation is determined.

31. (1) No individual is personally liable for any debt, obligation or act of a recognized First Nation by reason only of being a member of its governing body unless the debt, obligation or act is in contravention of this Act, the constitution or a law of the recognized First Nation, and the individual knowingly consents to, authorizes or engages in the contravention.

(2) No individual is personally liable for any debt, obligation or act of a recognized First Nation by reason only of being a member of the First Nation.

General Provisions Respecting Laws

32. (1) Except as otherwise provided in this Act, the provisions of the Indian Act or any other Act specifically applicable to Indians or lands reserved for Indians and the regulations made thereunder, do not apply to a recognized First Nation or to its members, aboriginal lands, moneys or assets.

(2) During any time that a recognized First Nation has no provision in its laws or constitution for a matter covered by any of the following provisions, the following provisions apply to the recognized First Nation:

(a) the Indian Band Election Regulations, the Indian Referendum Regulation, or the Indian Band Council Procedure Regulations, as the case may be, made under the Indian Act;

(b) section 114, paragraphs 115(a), (b) and (c) and sections 116 to 122 of the Indian Act as if the references in those sections to the Minister, a band or a reserve were, respectively, references to the governing body of the recognized First Nation, the recognized First Nation or aboriginal lands of the recognized First Nation;

(c) sections 42 to 50 of the Indian Act, with such modifications as the circumstances require; and

(d) sections 5 to 7, 51, 52 and 52.2 to 52.5 of the Indian Act.

(3) A reference in subsection (2) to a provision of the Indian Act or a regulation made under it is a reference to the provision as it reads on the coming into force of this Act.

33. (1) A recognized First Nation may incorporate in its laws any provision of the Indian Act or of any other Act of Parliament that is

(a) specifically applicable to Indians or the lands reserved for Indians; and

(b) not within the legislative power of the recognized First Nation.

(2) A law of a recognized First Nation that incorporates a provision of an Act referred to in subsection (1) may modify the provision to the extent necessary to express the law in language compatible with the laws of the recognized First Nation but without changing the substance of the provision.

(3) After its making, a law described in subsection (1)

(a) may be repealed at any time by the recognized First Nation, and

(b) may be amended only to reflect any changes made by Parliament in the provision of the Act that was incorporated in the law,

and subsection (2) applies to any amendment to that law.

34. (1) Except as otherwise provided in this Act, a law of general application of a Province applies to a recognized First Nation subject to and except to the extent that it is inconsistent with,

(a) any treaty, treaty right, aboriginal right or land claims agreement affecting it;

(b) the laws and constitution of the recognized First Nation; and

(c) this Act or any other Act of Parliament.

(2) An enactment of Parliament applies to a recognized First Nation, except to the extent it is inconsistent with any treaty, treaty right, aboriginal right or land claims agreement affecting it, or the laws and constitution of the recognized First Nation.

35. Despite subsection 34(2), an enactment in force prior to the coming into force of this Act prevails in the event of conflict with a recognized First Nation law where the enactment pursues a compelling and substantial legislative objective in a manner consistent with the fiduciary relationship existing between aboriginal peoples and the Crown.

36. Except to the extent of any inconsistency with this Act, with any law of a recognized First Nation or with any provision of its constitution, a by-law of the First Nation that is in force immediately before the First Nation becomes a recognized First Nation, continues in force as a law of the recognized First Nation until it is replaced by a law enacted pursuant to this Act.

37. Unless a law of a recognized First Nation otherwise provides, the Indian Oil and Gas Act and regulations made thereunder apply to the recognized First Nation, its lands, its governing body, its members and its agents, whether incorporated or not, and to a First Nation corporation wholly owned by the recognized First Nation.

38. Unless a law of a recognized First Nation otherwise provides, the Canada Lands Survey Act and regulations made thereunder apply to aboriginal lands of the recognized First Nation.

39. The environmental standards established by or under any Act of Parliament or the legislature of a province apply in respect of the aboriginal lands of a recognized First Nation until the recognized First Nation enacts its own environmental laws.

40. If a recognized First Nation enacts environmental standards, the standards must be no less stringent and no less protective of the environment than the least stringent of the environmental standards that would be otherwise applicable under federal or provincial law.

41. (1) If a Minister of the Crown proposes to introduce in either House of Parliament a bill that contains a provision that amends this Act or would affect any right of a recognized First Nation in a manner that does not extend to other persons in Canada, the Minister shall, not less than 180 days before the proposed date of introduction, provide to a representative body designated by the recognized First Nation for the purpose of this section a draft or detailed description of those provisions.

(2) The Minister or Deputy Minister of Indian Affairs and Northern Development shall meet with the representative body not less than 120 days before the proposed date of introduction of the bill to receive any comments the representative body may wish to make respecting the provisions referred to in subsection (1).

(3) Within 30 days after the meeting referred to in subsection (2), the Minister or Deputy Minister shall provide to the representative body a reply to any comments made under that subsection stating what changes, if any, will be made to the provisions in response to the comments and, if no change is to be made, stating the reasons.

(4) If the Minister of Indian Affairs and Northern Development is of the opinion that a bill, introduced in either House of Parliament by a member who is not a minister and which has passed second reading, contains provisions that amend this Act or would affect any right of a recognized First Nation in a manner that does not extend to other persons in Canada, the Minister shall provide to a representative body designated by the recognized First Nation for the purpose of this section a detailed description of those provisions and discuss with the body any changes that the Minister might propose as amendments respecting those provisions.

(5) The Minister or Deputy Minister involved under subsections (1) to (4) and the representative body shall negotiate in good faith to attempt to resolve any unresolved matter.

(6) At the earliest opportunity after a bill described in subsection (1) is introduced or a bill described in subsection (4) has passed second reading in either House of Parliament, the Minister shall cause to be laid before both Houses of Parliament a statement that describes the steps taken under subsections (1) to (5) to reach agreement on the provisions referred to in subsection (1) or (4) and that lists the provisions that are still objected to by the representative body.

(7) This section does not apply to:

(a) a provision that a Minister has disclosed in general terms to the representative body referred to in subsection (1) and that the body has agreed to;

(b) a provision that amends this Act but has no substantive effect on the rights of First Nations or recognized First Nations or the members of either of them.

Saving

42. (1) A person who had a right to membership in a First Nation immediately before that First Nation became a recognized first Nation may not be deprived of membership by reason only of a situation that existed, or an action that was taken, before the First Nation assumed control of its membership from the Minister of Indian Affairs and Northern Development.

(2) Subsection (1) does not apply where its application would abrogate or derogate from any existing legal or equitable rights, aboriginal or treaty rights, Royal Proclamation rights, or any other rights, powers or freedoms that pertain to the First Nation.

CONSEQUENTIAL AMENDMENTS

Fishing and Recreational Harbours Act

43. The definition “agency” in section 2 of the Fishing and Recreational Harbours Act is amended by striking out the word “and” at the end of paragraph (c), by adding the word “and” at the end of paragraph (d) and by adding the following after paragraph (d):

Lobbyists Registration Act

44. Subsection 4(1) of the Lobbyists Registration Act is amended by adding the following after paragraph (d.2):

Payments in Lieu of Taxes Act

45. The definition “taxing authority” in subsection 2(1) of the Payments in Lieu of Taxes Act is amended by adding the following after paragraph (b):

Privacy Act

46. Subsection 8(6) of the Privacy Act is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):