Bill C-428

1st Session, 41st Parliament,

60-61-62 Elizabeth II, 2011-2012-2013

house of commons of canada

BILL C-428

An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement

Whereas the Indian Act is an outdated colonial statute, the application of which results in the people of Canada’s First Nations being subjected to differential treatment;

Whereas the Indian Act does not provide an adequate legislative framework for the development of self-sufficient and prosperous First Nations’ communities;

Whereas the Government of Canada is committed to the development of new legislation to replace the Indian Act that better reflects the modern relationship between it and the people of Canada’s First Nations;

And whereas the Government of Canada is committed to continuing its work in exploring creative options for the development of this new legislation in collaboration with the First Nations that have demonstrated an interest in this work;

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 Indian Act Amendment and Replacement Act.

REPORT

2. Within the first 10 sitting days of the House of Commons in every calendar year, the Minister of Indian Affairs and Northern Development must report to the House of Commons committee responsible for Aboriginal affairs on the work undertaken by his or her department in collaboration with First Nations and other interested parties to develop new legislation to replace the Indian Act.

INDIAN ACT

3. Paragraph (b) of the definition “reserve” in subsection 2(1) of the Indian Act is replaced by the following:

(b) except in subsection 18(2), sections 20 to 25, 28, 37, 38, 48 to 51, 58 to 60 and the regulations made under any of those provisions, includes designated lands;

4. Subsection 4(3) of the Act is replaced by the following:

(3) Sections 114 to 117 and, unless the Minister otherwise orders, sections 48 to 52 do not apply to or in respect of any Indian who does not ordinarily reside on a reserve or on lands belonging to Her Majesty in right of Canada or a province.

5. The heading before section 32 and sections 32 and 33 of the Act are repealed.

6. Section 36 of the Act is replaced by the following:

36.1 Where lands the legal title to which is not vested in Her Majesty had been set apart for the use and benefit of a band before the coming into force of this section, the effect of section 36 of this Act, as it read immediately before the coming into force of this section, continues in respect of those lands and this Act applies as though the lands were a reserve within the meaning of this Act.

7. [Deleted]

8. Section 82 of the Act is repealed.

9. Subsection 85.1(3) of the Act is repealed.

10. Section 86 of the Act is replaced by the following:

86. (1) The council of a band shall publish a copy of every by-law made by the council under this Act on an Internet site, in the First Nations Gazette or in a newspaper that has general circulation on the reserve of the band, whichever the council considers appropriate in the circumstances.

(2) The council of a band shall, on request by any person, provide to the person a copy of a by-law made by the council.

(3) For greater certainty, publishing a by-law on an Internet site in accordance with subsection (1) does not discharge the council of a band from its obligation under subsection (2) to provide a copy of the by-law to any person who requests one.

(4) A by-law made by the council of a band under this Act comes into force on the day on which it is first published under subsection (1) or on any later day specified in the by-law.

11. Section 92 of the Act is repealed.

12. Subsection 103(1) of the Act is replaced by the following:

103. (1) Whenever a peace officer, a superintendent or a person authorized by the Minister believes on reasonable grounds that a by-law made under subsection 81(1) or 85.1(1) has been contravened or an offence against section 90 or 93 has been committed, he may seize all goods and chattels by means of or in relation to which he believes on reasonable grounds the by-law was contravened or the offence was committed.

13. Section 104 of the Act is amended by adding the following after subsection (2):

(3) If a fine is imposed under a by-law made by the council of a band under this Act, it belongs to the band and subsections (1) and (2) do not apply.

14. Section 105 of the Act is repealed.

15. Subsection 114(1) of the Act is amended by adding “and” at the end of paragraph (c.1), by striking out “and” at the end of paragraph (d) and by repealing paragraph (e).

16. Section 115 of the Act is amended by adding “and” at the end of paragraph (a) and by repealing paragraphs (c) and (d).

17. Subsection 116(2) of the Act is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).

18. Sections 117 to 121 of the Act are replaced by the following:

117. An Indian child is not required to attend school if the child

(a) is, by reason of sickness or other unavoidable cause that is reported promptly to the principal, unable to attend school; or

(b) is under efficient instruction at home or elsewhere.

19. (1) The portion of section 122 of the Act before the definition “child” is replaced by the following:

122. The following definitions apply in sections 114 to 117.

(2) The definition “truant officer” in section 122 of the Act is repealed.

(3) The definition “school” in section 122 of the Act is replaced by the following:

“school” includes a day school, technical school and high school.