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Bill C-391

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First Session, Forty-second Parliament,

64-65-66-67 Elizabeth II, 2015-2016-2017-2018

HOUSE OF COMMONS OF CANADA

BILL C-391
An Act respecting a national strategy for the repatriation of Indigenous human remains and cultural property

Reprinted as amended by the Standing Committee on Canadian Heritage as a working copy for the use of the House of Commons at Report Stage and as reported to the House on November 6, 2018

Mr. Casey

421487


SUMMARY

This enactment provides for the development and implementation of a national strategy to enable the return of Indigenous human remains and cultural property to the Indigenous peoples of Canada.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,

64-65-66-67 Elizabeth II, 2015-2016-2017-2018

HOUSE OF COMMONS OF CANADA

BILL C-391

An Act respecting a national strategy for the repatriation of Insertion start Indigenous human remains Insertion end and cultural property

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

Short title

1This Act may be cited as the Insertion start Indigenous Human Remains and Insertion end Cultural Property Repatriation Act.

Interpretation

Definition of Minister

2In this Act, Minister means the Minister of Canadian Heritage.

National Strategy on Insertion start Indigenous Human Remains and Insertion end Cultural Property Repatriation

National strategy

3The Minister, in cooperation with representatives of First Nations, Inuit and Métis peoples of Canada, and of the provinces Insertion start and territories, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, including Article 31 of that text, Insertion end must develop and implement a comprehensive national strategy to promote and support the return of Insertion start Indigenous human remains and Insertion end cultural property, wherever situated, to the Insertion start Indigenous Insertion end peoples of Canada. The strategy must include measures Insertion start that seek Insertion end to

  • (a)implement a mechanism by which any First Nation, Inuit or Métis community or organization may acquire or reacquire Insertion start Indigenous human remains or Insertion end cultural property;

  • (b)encourage owners, custodians or trustees of Insertion start Indigenous human remains Insertion end or cultural property to return such Insertion start material Insertion end to Insertion start Indigenous Insertion end peoples and support them in the process;

  • (c)support the recognition Insertion start that Insertion end preservation of Insertion start Indigenous human remains and Insertion end cultural property and of access to that Insertion start material Insertion end for educational and ceremonial purposes Insertion start are Insertion end principles of equal importance;

  • (d)encourage consideration of traditional ways of knowing rather than relying on strict documentary evi­dence in relation to the repatriation of Insertion start Indigenous human remains and Insertion end cultural property; and

  • (e) Insertion start resolve any Insertion end conflicting claims Insertion start to Indigenous human remains or cultural property, whether within or between Indigenous communities or organizations, in a manner Insertion end that is respectful of Insertion start Indigenous Insertion end traditional processes and forms of ownership and Insertion start that allows Insertion end claimants Insertion start to be Insertion end self-represented.

Report and publication

Report to Parliament

4(1)Within Insertion start three Insertion end years after the day on which this Act comes into force, the Minister must prepare a report setting out the national strategy and cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.

Publication of report

(2)The Minister must publish the report on the Department of Canadian Heritage website within 10 days after the day on which the report is tabled in Parliament and ensure its dissemination to First Nations, Inuit and Métis communities and organ­izations in Canada.

Review and report

Review and report

5(1)Within two years after the tabling of the report referred to in section 4, the Minister must prepare a report on the effectiveness of the national strategy. The report must include the Minister’s conclusions and recommendations regarding the strategy Insertion start and any outcomes that Insertion end result Insertion start from its Insertion end implementation Insertion start and it may include appropriate Insertion end information on repatriated Insertion start Indigenous human remains and Insertion end cultural property Insertion start and any Insertion end repatriation efforts currently under way.

Tabling of report

(2)The Minister must cause the report referred to in subsection (1) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.

Published under authority of the Speaker of the House of Commons

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